INVITATION FOR BIDS (IFB)

Solicitation No. APSWCD-26-S-SDR3

July 24, 2026

San Diego - Rosita Creeks Watershed, Site 3 Repair, Duval County, Texas

Contracting Local Organization (CLO) Agua Poquita Soil and Water Conservation District (APSWCD)

State of Texas

Sponsor

Agua Poquita Soil and Water Conservation District (APSWCD) Duval County, Texas

In cooperation with:

Texas State Soil and Water Conservation Board (TSSWCB) Natural Resources Conservation Service (NRCS)

U.S. Department of Agriculture (USDA)

Solicitation No. APSWCD-26-S-SDR3 Page 2 of 76

TABLE OF CONTENTS

PART I - GENERAL PROVISIONS PAGES NO.

Subpart A NOTICE TO BIDDERS 3

Subpart B INSTRUCTIONS TO BIDDERS 4-9

Subpart C BID FORMS (Exhibits A through F) 10-25

Subpart D CONTRACT AGREEMENT 26-27

PART II - GENERAL CONDITIONS 28-49

PART III – SUPPLEMENTAL CONDITIONS 50-71

PART IV– PREVAILING WAGE RATES DETERMINATION 72 - 76

PART V – CONSTRUCTION SPECIFICATIONS (separate file) 139 Pages

PART VI – DRAWINGS (separate file) 13 Pages

PART VII – STORM WATER POLLUTION PREVENTION PLAN 10 Pages

Solicitation No. APSWCD-26-S-SDR3 Page 3 of 76

PART I – GENERAL PROVISIONS

SUBPART A

NOTICE TO BIDDERS

Sealed bids for furnishing all labor, material and equipment and performing all work required for Auds Creek Site 8A Dam Repairs, will be received until 10:00 a.m. local time, August 21, 2026, at the Agua Poquita Soil and Water Conservation District, 131 W. Main St., Benavides, TX 78341. Bids will be publicly opened at that time.

All bidders must be registered in www.SAM.gov. All bidders must also register at CIVCASTUSA.com to be able to download the solicitation documents. Solicitation documents will be available for download on/about July 24, 2026.

Bids may be hand carried to the bid opening, or they may be submitted by mail to the attention of Lupita Contreras, acting on behalf of the Contracting Officer, 131 W. Main St., Benavides, TX 78341, in a sealed envelope or package labeled as follows:

(1) IFB No. APSWCD-26-S-SDR3

(2) Bid Opening Date / Time: August 21, 2026, 10:00 a.m.

(3) Name and Address of Bidder

There will be a pre-bid conference and site visit beginning at 10:00 a.m. August 7, 2026, to be held at the Duval Co. TX A&M AgriLife Extension Office, 131 W. Main St., Benavides, TX 78341 Agua Poquita Soil and Water Conservation District, . Attendance is not mandatory. However, prospective bidders are HIGHLY ENCOURAGED to attend the conference and site showing.

All bids require a bid guarantee in the amount of not less than five percent (5%) of the total bid.

Requirements are outlined in PART I, Subpart B, Instructions to Bidders. The successful bidder will be required to submit payment and performance bonds within 5 (five) workdays after receipt of Notice of Award per PART III, Supplemental Conditions, Article 13.

ESTIMATED PRICE RANGE: $2 and $4 million.

APSWCD reserves the right to reject any and all bids. Bids providing less than 30 calendar days for acceptance will not be considered and shall be rejected. Electronic, telegraphic or facsimile (Fax) bids, modifications, or withdrawals are not authorized and shall be rejected.

APSWCD is the Contracting Local Organization (CLO) responsible for soliciting and awarding a local contract for this project.

Solicitation No. APSWCD-26-S-SDR3 Page 4 of 76

SUBPART B

INSTRUCTIONS TO BIDDERS

1. Submission of Bids / Bid Opening: Bids in response to this Invitation for Bids (IFB) must be sealed, marked and addressed as directed in the Notice to Bidders. Failure to do so may result in a premature opening of, or a failure to open, such bid. Bids will be publicly opened at the time set for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested, who may be present either in person or by representative.

2. Conditions Affecting the Work: Bidders should attend the site showing after the pre-bid conference and take any other steps as may be reasonably necessary to ascertain the nature of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Contracting Local Organization (CLO) will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to execution of the contract, unless included in the invitation for bids, the specifications, or related documents.

No digging or taking of core samples will be allowed. Persons visiting the site are asked to take due care to ensure the existing site conditions are not disturbed.

Appointment Required to Visit the Project Site: No unescorted visits to the site are allowed.

3. Required Bid Information: Forms which must be included in a bid are:

(a) Exhibit A: Offer with appropriate 5% BID GUARANTEE.

(b) Exhibit B: Bid Schedule.

(c) Exhibit C: References.

(d) Exhibit D: Bid Bond form.

If a bid bond is submitted as the required bid guarantee, it must be executed on this form and in conformance with other requirements in these Instructions to Bidders.

(e) Exhibit E: Bidder Certifications.

Bidder must complete all applicable certifications and include in his/her bid.

(f) Exhibit F: Equipment List.

4. Preparation of Bid: The bidder must submit his/her offer, original only, on the forms furnished in this IFB, and the bid must be manually signed by a person or persons with authority to legally bind the individual, firm or corporation. If erasures or other changes appear on the forms, each erasure or

Solicitation No. APSWCD-26-S-SDR3 Page 5 of 76 change must be initialed by the person signing the bid. Electronic, facsimile (FAX), and telegraphic bids, modifications, or withdrawals shall not be considered.

No bid will be considered unless all items in the bid schedule are priced. In case of error in the extension of price, the unit price shall govern. For bid items with a lump-sum “unit,” the quantities listed in the bid schedule on which unit prices are requested are estimates only. Alternate bids will not be considered.

Estimated Price Range: Between $2 and $4 million.

Exemption from State, County, and Municipal Sales and Use Taxes. See Part II – General Conditions, Article 29 (Federal, State, and Local Taxes), paragraph (b). Bidders are entitled to EXCLUDE exempt taxes in their bid prices. Bidder is solely responsible to determine what tangible personal property and taxable services are eligible for exemption from these taxes.

Contractors must register at CIVCASTUSA.com in order to download the plans and specifications on or after the date of issue. Hardcopy solicitation packages will not be made available.

In the event of a conflict in their contents, the solicitation, including any amendments, as posted on the CIVCASTUSA.com shall take precedence over any verbal instructions during the site showing.

If an alteration of any kind to the solicitation, including any amendments, is only discovered after the contract is executed and is or is not being performed, the contract is subject to immediate cancellation.

5. Submission of Offer in English Language/U.S. Currency: Offers shall be in the English language and in terms of U. S. dollars or will be rejected.

6. Explanation to Bidders / Inquiries: Any explanation desired by a bidder regarding the meaning or interpretation of the invitation for bids, drawings, specifications, etc., must be requested in writing on CIVCASTUSA.com. Any interpretation made will be in the form of an amendment to the invitation for bids, drawings, specifications, etc. All bidders downloading the solicitation package will receive an electronic notice if an amendment is issued. Receipt of all amendments must be acknowledged by the bidder in the space provided on the bid forms (PART I, Subpart C, Exhibit A, Offer) before the time set for opening of bids. Electronic, facsimile (FAX), and telegraphic acknowledgements of amendments shall not be accepted. Oral explanations or instructions given before the award of the contract shall not be binding.

7. Bid Guarantee: As a good faith deposit to ensure execution of a contract, each offer must be accompanied by a bid guarantee in the form of a certified or cashier’s check (on a responsible bank in Texas) or bid bond, in the amount of not less than five percent (5%) of the total bid, including option. Bid guarantee is to be made payable to the Contracting Local Organization. Bid guarantees, other than bid bonds, will be returned (a) to all bidders (except the three lowest responsive bids, including option) within 3 days of the bid opening, and (b) to the three lowest responsive bidders upon award of a contract and receipt of performance and payment bonds. When a bid guarantee is

Solicitation No. APSWCD-26-S-SDR3 Page 6 of 76 required, failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

If the successful bidder, upon acceptance of its bid by the Contracting Local Organization within the period specified for acceptance (30 days) fails to execute all contractual documents, if any, or furnish executed performance and payment bonds within five (5) days after receipt of award, the Point of Contact may terminate the contract for default. In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference, or the Contracting Local Organization may pursue any other action allowed by law.

8. Bid Bond Requirements: Bond must be executed on the form provided (PART I, Subpart C, Exhibit D) by a surety named in U.S. Department of Treasury’s Listing of Approved Sureties, Treasury Department Circular 570, as amended (https://www.fiscal.treasury.gov/surety-bonds/list-certified-companies.html ). The surety must be legally authorized to do business in

Texas. All bonds signed by an agent must be accompanied by a certified copy of such agent’s authority to act. Only the original of the bid bond shall be submitted with the bid.

9. Bid Requirements:

(a) Late Submissions, Modifications, and Withdrawals of Bids: Any bid received at the office designated in the solicitation after the exact time specified for receipt will not be considered and will be returned to the bidder unopened.

(b) Any modification or withdrawal of a bid is subject to the same conditions as in paragraph (a) of this provision.

(c) The only acceptable evidence to establish the time of receipt at the Contracting Local Organization installation is the time/date stamp of that installation on the bid wrapper or other documentary evidence of receipt maintained by the installation.

(d) Notwithstanding paragraph (a) of this provision, a late modification of an otherwise successful bid that makes its terms more favorable to the Contracting Local Organization will be considered at any time it is received and may be accepted.

(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

(f) If an emergency or unanticipated event interrupts normal Contracting Local Organization processes so as to cause postponement of the scheduled bid opening, an amendment will be issued as soon as practicable that sets the new bid opening date and time.

10. Tie Bid: In the event of receipt of two or more bids from responsible bidders that are identical, in nature and amount, as the lowest and best bids, the Contracting Local Organization shall enter into a contract with only one of those bidders and must reject all other bids. The bidder shall be selected by the casting of lots in a manner prescribed by the Contracting Local Organization. All qualified

Solicitation No. APSWCD-26-S-SDR3 Page 7 of 76 bidders or their legal representatives may be present at the casting of lots. This provision does not prohibit the Contracting Local Organization from rejecting all bids.

11. Qualification of Low Bidder:

(a) After the low bidder has been determined, the next step is to consider the bidder’s qualifications to perform the proposed contract. The award of a contract to a bidder solely on the basis of the lowest price is not the policy of the Contracting Local Organization. The ability to obtain bonds does not necessarily qualify a bidder for award.

(b) A contract may be awarded only after it has been determined that the bidder is qualified to perform the contract. Qualification reviews will be made of all pertinent factors including:

financial resources or ability to obtain them; present or impending work commitments; record of past performance on comparable projects; business ethics and integrity; eligibility to receive an award under applicable laws and regulations; the necessary organization, experience, operational controls and technical skills or the ability to obtain them; and the necessary equipment or ability to obtain it, as may be needed to prosecute the work in an expeditious, safe and satisfactory manner.

(c) If the bidder does not have adequate equipment but plans to obtain it after contract award, a firm commitment in writing from the suppliers must be furnished to the Contracting Local Organization. Also, if the bidder proposes to subcontract part of the work, they must provide information needed for the Contracting Local Organization’s evaluation of the subcontractor’s capability.

(d) Before disqualifying the low bidder, the Contracting Local Organization will inform the bidder of the reason for the proposed disqualification.

12. Disqualification of Bidders: Listed are some of the causes which may be considered as sufficient for the disqualification of a bidder and the rejection of his/her offer:

(a) Failure to conform to the essential requirements of the invitation for bids (e.g., incomplete offer) will result in rejection of the bid. An incomplete offer may include an unsigned bid, failure to acknowledge all amendments, unacceptable bid bond, failure to complete all line item prices, failure to submit supporting documentation, etc.

(b) Bids from parties who are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency will be rejected. [See certification in PART I, Subpart C, Exhibit E, Section G.]

(c) More than one offer for the same work from the same individual, firm, partnership or corporation.

(d) Qualifying statements or accompanying qualifying letters that modify requirements or limit the bidder’s liability will be cause for rejection of bid.

(e) Evidence of collusion among bidders.

(f) Poor performance in the execution of work under previous contracts, as determined by the

Contracting Local Organization.

Solicitation No. APSWCD-26-S-SDR3 Page 8 of 76

(g) Being in arrears on existing contracts, in litigation with the Contracting Local Organization, or having defaulted on a previous contract.

(h) Lack of comparable project experience.

(i) The bid is materially unbalanced, i.e., a bid based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and there is reasonable doubt that the bid will result in the lowest overall cost to the Contracting Local Organization even though it may be the low evaluated bid.

(j) Lack of financial and credit references, or the capability to obtain them.

13. Submission of Post-award Information: Within five (5) workdays after receipt of Notice of Award, Contractor will be required to submit post-award information as specified in PART III, Supplemental Conditions, Article 4.

14. Award of Contract: One contract award for will be made to the responsive, responsible bidder whose bid, conforming to the invitation for bids, is most advantageous to the Contracting Local Organization, price and other factors considered. The Contracting Local Organization may, when in its interest, reject any or all bids or waive informalities or minor irregularities in bids received.

Except when it is determined not to be in the CLO’s best interests, offers will be evaluated for award purposes by adding the total price for the option to the total price for the base bid schedule.

Evaluation of contract price will be based on the total bid price, including the option line item, corrected if necessary, for errors in price extensions and/or addition. Evaluation of option will not obligate the Government to exercise the option.

15. Officials Not to Benefit: Any contract to be awarded as a result of this solicitation will not be awarded to any official of the Contracting Local Organization, or to any firm in which any official or any member of such official’s immediate family of these entities has direct or indirect interest in the pecuniary profits or contracts of such firms.

16. Execution of Contract and Submission of Post-award Information: The contract will include items outlined in PART I, Subpart D, Contract Agreement, Article IV. Within five (5) calendar days after receipt of Notice of Award of the contract, the successful bidder shall execute the contract agreement and furnish the Contracting Local Organization with required post-award information as outlined in PART III, Supplemental Conditions, Article 4.

17. Approval of Contract: The contract(s) will be approved by the Contracting Local Organization

Board and signed by their Contracting Officer. The contract(s) will not be binding upon the Contracting Local Organization until it has been executed by Contracting Local Organization and delivered to the Contractor.

18. Specifications: Specifications referred to but not included shall include all revisions and amendments in effect on the date of issuance of the IFB.

19. Beginning of Work: The Contractor shall commence work ten (10) calendar days after receipt of a written Notice to Proceed as issued by the Contracting Officer and shall complete the work within the

Solicitation No. APSWCD-26-S-SDR3 Page 9 of 76 time specified for completion of work. The Period of Performance includes a total of ten (10) days for mobilization. No work will be conducted on any Federal holidays. Contractor shall not commence any work prior to issuance of the Notice to Proceed.

Solicitation No. APSWCD-26-S-SDR3 Page 10 of 76

SUBPART C

BID FORMS

Exhibit A Offer

Exhibit B Bid Schedule

Exhibit C References

Exhibit D Bid Bond Form

Exhibit E Bidder Certifications

Exhibit F Major Equipment Schedule

Solicitation No. APSWCD-26-S-SDR3 Page 11 of 76

EXHIBIT A

OFFER

NAME AND ADDRESS OF OFFEROR:

Telephone: Email:

The offeror agrees to perform the work required at the prices specified in the bid schedule in strict accordance with the terms of this solicitation, if this offer is accepted by the District in writing within 30 calendar days after the date offers are due. The offeror agrees to furnish any required performance and payment bonds, along with required proof of insurance. If this offer is accepted, the undersigned bidder agrees to execute a contract and submit required post-bid information per contract terms, and also agrees to commence work within ten (10) calendar days after the date of receipt of written Notice to Proceed and to complete the entire works under the awarded schedule of APSWCD-26-S-SDR3 two-hundred-eighty-two (282) calendar days, weather days and federal holidays not included, after Contractor receives written Notice to Proceed.

The undersigned acknowledges receipt of the following addenda:

Addendum No. 1 dated _______________ Addendum No. 2 dated _________________ Addendum No. 3 dated _______________ Addendum No. 4 dated _________________

NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER:

Type or Print: ___________________________________________________________________

Signature:__________________________________________Date:________________________

Secretary, If Contractor is a Corporation ___________________________________

(SEAL) ___________________________________

Solicitation No. APSWCD-26-S-SDR3 Page 12 of 76

EXHIBIT B

BID SCHEDULE

SAN DIEGO – ROSITA CREEKS WATERSHED, SITE 3 REPAIR,

DUVAL COUNTY, TEXAS

Item Spec No Work or Material No. Est Qty* Unit Unit Price Amount

1 Clearing and Grubbing 2 60.0 AC $____________ $__________________

Structure Removal, Concrete

3 1-Job LS $ XXXXXXXX $__________________

3 Pollution Control 5 1-Job LS $ XXXXXXXX $__________________

4 Sediment Filters 5 4,765 LF $____________ $__________________

5 Vegetation, Seeding 6 62.0 AC $____________ $__________________

6 Irrigation System 6 1-Job LS $ XXXXXXXX $__________________

7 Irrigation Water 6 11,000 1,000

GL

8 Construction Surveys 7 1-Job LS $ XXXXXXXX $__________________

Mobilization & Demobilization

8 1-Job LS $ XXXXXXXX $__________________

10 Removal of Water 11 1-Job LS $ XXXXXXXX $__________________

Excavation, Common, Embankment

21 20,572 CY $____________ $__________________

Excavation, Common, Auxiliary Spillway

21 25,000 CY $____________ $__________________

13 Earthfill, Embankment 23 19,119 CY $____________ $__________________

Earthfill, Auxiliary Spillway

23 23,000 CY $____________ $__________________

15 Drainfill 24 56.7 CY $____________ $__________________

16 Topsoil, Auxiliary Spillway 26 12,000 SY $____________ $__________________

17 Concrete 31 56.4 CY $____________ $__________________

18 Reinforcing Steel 34 2,463 LB $____________ $__________________

Continued Next Page Continued Next Page

Solicitation No. APSWCD-26-S-SDR3 Page 13 of 76

19 Plastic Pipe 45 1-Job LS $ XXXXXXXX $__________________

20 Fence, Barbed Wire 92 13,510 LF $____________ $__________________

21 Contractor Quality Control 94 1-Job LS $ XXXXXXXX $__________________

22 Geotextile, Embankment 95 15,750 SY $____________ $__________________

Site Preparation, Plunge Basin

420 1-Job LS $ XXXXXXXX $__________________

24 Shaping and Smoothing 446 28.3 AC $____________ $__________________

Development of Water Source

460 1-Job LS $ XXXXXXXX $__________________

26 Water for Construction 460 5,000 1,000 Gal.

TOTAL BASE BID,

ITEMS 1 THROUGH 26

OPTION 1 –

Flowable Concrete

424 350 CY $____________ $__________________

TOTAL BASE BID PLUS

OPTION 1, ITEMS 1

THROUGH 27

Solicitation No. APSWCD-26-S-SDR3 Page 14 of 76

EXHIBIT C

REFERENCES

Bidder in accordance with PART I, Subpart B, Instructions to Bidders, Section 3(c) References, shall list below up to three (3) recent projects upon which he/she has performed work similar to that specified herein. All lines for each reference shall be filled in completely with up-to-date information. Any omissions to this form, discrepancies in reference, or unverifiable information may be grounds for disqualification of the bidder.

Financial institutions and credit references will be requested after bid opening.

1. Project Name:____________________________________________________________

Owner:______________________ Total Contract Cost: $_________________________

Location:_____________________ Completion Date:____________________________

Description of Work: ______________________________________________________

Contact:______________________ Phone Number:(____)________________________

2. Project Name:____________________________________________________________

Description of Work: _____________________________________________________

3. Project Name:____________________________________________________________

Description of Work: _____________________________________________________

Solicitation No. APSWCD-26-S-SDR3 Page 15 of 76

EXHIBIT D

BID BOND FORM

Bidders must submit a 5% bid bond or cashiers check with their bid. Bidders are encouraged to use the Federal Government’s Bid Bond form located at https://www.gsa.gov/forms-library/bid-bond for this purpose. The CLO may reject bids which include bid bonds submitted on something other than the Federal Government’s form if it determines in its sole discretion that the bid bond does not provide the same level of protection as the Federal Government’s bid bond form.

If this offer is accepted by the Contracting Local Organization and the bidder fails to execute a contract and submit required post-bid information within five (5) workdays after receipt of Notice of Award of contract, the Contracting Local Organization may terminate the contract for default and the bid guarantee is available to offset the difference of any cost of acquiring the work that exceeds the amount of its bid.

Solicitation No. APSWCD-26-S-SDR3 Page 16 of 76

EXHIBIT E

BIDDER CERTIFICATIONS

By submission of this bid, bidder certifies to all Sections in this Exhibit E.

Bidder should circle appropriate answers within these Sections and fill in blank in Section E.

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

SECTION A: Texas Franchise Tax Certification

Bidder [ IS / IS NOT ] currently delinquent in the payment of any franchise tax owed to the State of Texas, or is exempt from, or not subject to, such tax.

SECTION B: Texas Resident/Nonresident Bidder Certification

Bidder [ IS / IS NOT ] a Texas resident bidder as defined below.

DEFINITIONS: Per State of Texas House Bill 620.

“Nonresident bidder” means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state.

“Texas resident bidder” means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state.

SECTION C: Authority to Transact Business in Texas Certificate Complete ONLY if you are a Texas nonresident bidder.

(1) Texas nonresident bidder [ IS / IS NOT ] a corporation, limited partnership, or limited liability company. If answer is “IS NOT”, do not complete C(2) and C(3) below.

(2) Bidder [ HAS / HAS NOT ] obtained a Certificate of Authority through the Texas Secretary of State to transact business in Texas. Attach a copy of Certificate to bid if available.

(3) If response to C(2) is “HAS NOT”, bidder agrees to present a current Certificate of Authority to the Contracting Local Organization by date post-award information is due: [ YES / NO ]

SECTION D: Entities that Boycott Israel. Texas Code Chapter 2271.002.

(a) This section applies only to a contract that:

(1) is between a governmental entity and a company with 10 or more full-time employees; and

(2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity.

Bidder certifies that it:

Solicitation No. APSWCD-26-S-SDR3 Page 17 of 76

(1) [ DOES / DOES NOT ] boycott Israel; and

(2) [ WILL / WILL NOT ] boycott Israel during the term of the contract.

SECTION E: Energy Company Boycotts. Texas Code Chapter 2276.002.

(a) This section applies only to a contract that:

(1) is between a governmental entity and a company with 10 or more full-time employees; and

(2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity.

Bidder certifies that it [ DOES / DOES NOT ] :

(1) boycott energy companies; and

(2) will not boycott energy companies during the term of the contract.

SECTION F. Human Trafficking Prohibition. Texas Code Chapter 2155.0061.

A state agency may not accept a bid or award a contract, including a contract for which purchasing authority is delegated to a state agency, that includes proposed financial participation by a person who, during the five-year period preceding the date of the bid or award, has been convicted of any offense related to the direct support or promotion of human trafficking.

Bidder certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

SECTION G. Prior Disaster Relief Contract Violation. Texas Code Chapter 2155.006 and

2261.053. Bidder certifies that the individual or business entity named is not ineligible to receive the specified contract and acknowledges that this contract may be terminated, and payment withheld, if this certification is inaccurate.

SECTION H: Child Support Obligation Affirmation. Texas Code 231.006 of the Family code, the contractor certifies that the induvial or business entity named in this contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated, and payment may be withheld, if this certification is inaccurate.

SECTION I: COVID-19 Vaccine Passport Prohibition. Texas Code 161.0085 of the Texas Health and Safety code, the contractor certifies that the individual or business entity named in this contract is not ineligible to receive the specified contract.

SECTION J: Officials Not to Benefit: Bidder certifies that its firm is not an official of the Texas State Soil and Water Conservation Board and CLO (all in the State of Texas), or a firm in which any

Solicitation No. APSWCD-26-S-SDR3 Page 18 of 76 official or any member of such official’s immediate family of these entities has direct or indirect interest in the pecuniary profits or contracts of its firm.

SECTION K: Bonding: Per Texas Administrative Code Rule 293.63(5), bidder must submit, along with the bid, the name of the person, firm, or corporation that will execute payment and performance bonds as required in PART III, Article 13: List information below:

SECTION L: Certification of Nonsegregated Facilities [Applicable to federally assisted construction contracts and related subcontracts not exempt from the Equal Opportunity clause (Article 14 of PART III - Supplemental Conditions)] The federally assisted construction Contractor certifies they do not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not permit their employees to perform services at any location, under their control, where segregated facilities are maintained. The federally assisted construction Contractor certifies further that they will not maintain or provide for their employees any segregated facilities at any of their establishments, and that, they will not permit their employees to perform services at any location, under their control, where segregated facilities are maintained. The federally assisted construction Contractor agrees that a breach of this section is a violation of the Equal Opportunity clause in this contract. As used in this caption, the term “segregated facilities” means any waiting rooms, work areas, restrooms, washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin or because of habit, local custom, or otherwise. The federally assisted construction Contractor agrees that (except where they have obtained identical certifications from proposed subcontractors for specific time periods) they will obtain identical certifications from proposed subcontractors prior to the award of subcontracts which are not exempt from the provisions of the Equal Opportunity clause, and that they will retain such certifications in their files [certification form in PART III, Suppl. Conditions, Article 15].

SECTION M: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions [Applicable to offers of $25,000 or more]

(a) Instructions for Certification

(1) By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

(2) The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

(3) The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its

Solicitation No. APSWCD-26-S-SDR3 Page 19 of 76 certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

(4) The terms herein are as defined in 2 CFR Part 180, OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement).

(5) The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 Code of Federal Regulations (CFR) part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

(6) The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions,” without modification, in all lower tier covered transactions of $25,000 or more and in all solicitations for lower tier covered transactions. [Copy of clause is provided in PART III, Supplemental Conditions, Article 17.]

(7) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Office of Federal Compliance Programs electronic roster at the System for Award Management (SAM) website: www.sam.gov.

(8) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(9) Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions

(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this offer.

Solicitation No. APSWCD-26-S-SDR3 Page 20 of 76

+SECTION N: Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements [Applicable to offers of $100,000 or more] By signing and submitting this proposal, the offeror certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. [A copy is provided in PART III, Supplemental Conditions, Article 18.]

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

SECTION O: Clean Air and Water Certification [Applicable if bid exceeds $150,000 --OR-- if facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C.

1857c-8(c)(1) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA -- OR-- if any resultant contract under this bid is not otherwise exempt.] Bidder certifies as follows:

(1) Any facility to be utilized in the performance of work described in this IFB [ IS / IS NOT ] listed on the Environmental Protection Agency List of Violating Facilities;

(2) To promptly notify the Contracting Local Organization (CLO), before contract award, of the receipt of any communication from the Director, Office of Federal Activities, U.S. Environmental Protection Agency, indicating that any facility which he/she proposes to use for the performance of the contract is under consideration to be listed on the Environmental Protection Agency List of Violating Facilities; and

(3) To include substantially this certification, including this subparagraph (3), in every nonexempt subcontract. [Certification form in PART III, Suppl. Conditions, Article 19]

Solicitation No. APSWCD-26-S-SDR3 Page 21 of 76

SECTION P: Antitrust and Assignment of Claims Contractor represents and warrants that, in accordance with section 2155.005 of the Texas Government Code, contractor has not (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and commerce Code, or the federal antitrust laws; or (2) communicated directly or indirectly in contents of this contract to any competitor or any other person engaged in such line of business as the contractor.

SECTION Q: Financial Participation Prohibition Affirmation.

Contractor represents and warrants that, in accordance with section 2155.004(b) of the Texas Government Code, contractor is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

SECTION R: Employment Eligibility Verification [Applicable if bid exceeds $150,000 AND the period of performance is less than 120 days.]

Employment Eligibility Verification

(a) Definitions. As used in this clause-

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply that is—

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. Per 46 CFR 525.1 (c)(2), "bulk cargo" means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.

Employee assigned to the contract means an employee who was hired after November 6, 1986 (after November 27, 2009 in the Commonwealth of the Northern Mariana Islands), who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803.

An employee is not considered to be directly performing work under a contract if the employee-

(1) Normally performs support work, such as indirect or overhead functions; and

(2) Does not perform any substantial duties applicable to the contract.

Solicitation No. APSWCD-26-S-SDR3 Page 22 of 76

Subcontract means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.

United States, as defined in 8 U.S.C. 1101(a)(38) , means the 50 States, the District of Columbia, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands.

(b) Enrollment and verification requirements.

(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall-

(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award;

(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and

(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee’s assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of-

(i) All new employees.

(A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor

Solicitation No. APSWCD-26-S-SDR3 Page 23 of 76 may choose to verify only employees assigned to the contract, whether existing employees or new hires.

The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2) respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract.

(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), within 180 calendar days of-

(i) Enrollment in the E-Verify program; or

(ii) Notification to E-Verify Operations of the Contractor’s decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU).

(5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU.

(i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor’s MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspending and debarring official.

(ii) During the period between termination of the MOU and a decision by the suspending and debarring official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the Contractor is not suspended, debarred, or subject to a voluntary exclusion, then the Contractor must reenroll in E-Verify.

(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: https://www.e-Verify.gov

(d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee-

(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program;

(2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or

(3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors.

Solicitation No. APSWCD-26-S-SDR3 Page 24 of 76

(e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph

(e) (appropriately modified for identification of the parties), in each subcontract that-

(1) Is for—

(i) Services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or

(ii) Construction;

(2) Has a value of more than $3,500; and

(3) Includes work performed in the United States.

(End of clause)

Solicitation No. APSWCD-26-S-SDR3 Page 25 of 76

EXHIBIT F

MAJOR EQUIPMENT SCHEDULE

Bidder, in accordance with the “Instructions to Bidders,” Section 2(E), “Major Equipment Schedule” shall list all major items of equipment that will be used by the Contractor to perform the work specified in the Contract. ATTACH ADDITIONAL COPIES OF THIS SHEET FOR EACH

OWNER/SUPPLIER AS REQUIRED.

ITEM

DESCRIPTION

(MANUFACTURER & YEAR)

MODEL/SIZE

OWNED

LEASED/

RENTED

OWNED BY/

LEASED FROM*

Solicitation No. APSWCD-26-S-SDR3 Page 26 of 76

SUBPART D

CONTRACT AGREEMENT

THIS AGREEMENT, made the ______ day of ________________, 2026, by and between the Aqua Poquita

Soil and Water Conservation District, Benavides, Texas (hereinafter called Owner) and __________________

(hereinafter called Contractor).

WITNESSETH:

THAT WHEREAS: in accordance with law, Owner had contract documents prepared and an Invitation for Bids published, for and in connection with San Diego – Rosita Creeks Watershed, Site 3 Repair, Duval Co., Texas; and

WHEREAS, Contractor, in response to the Invitation for Bids, has submitted to Owner, in the manner and at the time specified, a sealed bid in accordance with Instructions to Bidders; and

WHEREAS, Owner, in the manner prescribed by law, has publicly opened, examined, and canvassed the bids submitted, and has determined Contractor to be the lowest responsible bidder for the work, including option, and duly awarded to Contractor a contract therefor, for the sum or sums…