BASE PROPOSAL, ALTERNATE PROPOSAL, LIST OF SUBCONTRACTORS AND QUALIFICATIONS DUE: DATE AND TIME: THURSDAY, FEBRUARY 9, 2017 AT 2:00 P.M.

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1 INSTRUCTIONS TO PROPOSERS PROJECT NAME: PROJECT ADDRESS: PROJECT NUMBER: ELGIN ISD PAVING RENOVATIONS 1002 N. AVE C ELGIN, TX CSPC BASE PROPOSAL, ALTERNATE PROPOSAL, LIST OF SUBCONTRACTORS AND QUALIFICATIONS DUE: DATE AND TIME: THURSDAY, FEBRUARY 9, 2017 AT 2:00 P.M. CONSULTING ENGINEER: GIL ENGINEER ASSOCIATES, INC. 506 E. BRAKER LANE AUSTIN, TX (512) PROJECT SUMMARY The project consists of demolition of the existing asphalt around the athletic field and admin building. The contractor will be required to scarify the existing base to a depth of 6 and moisture condition and compact the existing base. 3 of new asphalt will be laid in the existing areas. Also there is a portion of new 3 asphalt which will require subgrade conditioning and 12 of base material to be brought in. Minimal amounts of new concrete laydown curb along with concrete pipe end treatments and striping are also a part of this project. 1. RECEIPT OF COMPETITIVE SEALED PROPOSALS-CONSTRUCTION Competitive Sealed Proposals will be received until 2:00 P.M., Central Standard Time, THURSDAY, FEBRUARY 9, 2017, at the Administration Building of the Elgin Independent School District, 1002 N. Avenue C, Elgin, TX Proposal will be received at the same location on or before 2:00 P.M. Central Standard Time, THURSDAY, FEBRUARY 9, All proposal pricing will be opened and publicly read shortly after 2:00 p.m. on THURSDAY, FEBRUARY 9, Three (3) copies of the Contractors Qualifications Statement must be included with the Proposal Form and Bonds. Requirements for Contractors Qualification Statement must include, but are not limited to: Bid Bond or Cashier Check in an amount not less than five percent (5%) of contracted amount shall be submitted with proposal. Minimum of three (3) references shall be submitted with proposal. Contact persons and telephone numbers shall be inclusive of this document. All required forms shall be submitted with Proposal. Contractor must have been in similar paving business for at least five (5) years. Contractor should have successfully completed at least three (3) projects of similar scope and complexity over the last five (5) years. Payment Bond in the amount of one hundred percent (100%) of the contract shall be required within seven (7) days after awarding of contract, if cost matches or exceeds $25,000. Payment AND Performance Bonds in the amount of one hundred percent (100%) of the contract shall be required within seven (7) days after awarding of contract if cost matches or exceeds $100,000. All Performance and Payment Bonds shall meet the requirements of Tex.Rev.Civ.Stat.Art.5160 (The McGregor Act) as amended. The issuing company shall be authorized to issue in the State of Texas and shall have a A.M. Best rating of no less than (A-). Note: Awarded contractor will not be permitted to proceed with construction until Payment and Performance bonds have been obtained by and written to provide for completion of work by the proposal entity. 1

2 Where Contractor and/or Subcontractor licensing is required at a Federal, State, or Local level, the contractor shall provide written proof of such copies of licenses, certificates, etc. to owner, prior to awarding of contract. Proof of liability, workers compensation and any and all other insurance usual to the project size in both coverage and limits are required within seven (7) days after awarding of contract. Liability limits shall be compatible to industry standards for similar projects. Financial Statements for the past three (3) must be submitted as part of your response. The felony conviction notice must be submitted for all employees to be associated with the project. Contractor shall comply with disrict approved Prevailing Wage recommendations. (This rate shall be used to establish minimum wage rates only, as per Texas Labor Code 5159 (a), Section 2). Elgin Independent School District shall retain five percent (5%) of the total contract amount until such time as all required warranties, testing documents, and punch-list items are completed and approved. Based on listed criteria, the school district reserves the right to reject any and all proposals, to waive any irregularities, and to accept the proposal deemed to be most advantageous to the School District. Envelope containing Proposals shall be marked: Sealed Proposal for Elgin ISD CSPC Paving Renovation - Attn: Purchasing Director. 2. ACCURACY OF PROPOSALS It is specifically required that each offeror warrants that his/her competitive sealed proposal contains true, correct and complete information, and that the offeror will make no claim for omission or error. 3. VISIT TO SITE Each offeror, before submitting a proposal for work, shall visit the site to inspect and satisfy the offeror with the existing conditions and requirements of the site under which he/she will be obligated to perform his/her work or that will in any manner affect the work. There will be no change order allowed for increased costs associated with conditions which could have been determined by examining the site and the project documents before submission of proposals and/or before a contract is awarded to the successful offeror. 4. PRE-PROPOSAL CONFERENCE A Pre-Proposal Conference will be held at 9:00 A.M., Wednesday, February 1, 2017, at Elgin ISD Administration Building, 1002 N. AVE C, Elgin, TX Following Pre-Proposal Conference a tour of the Project Site will be provided. All firms interested in submitting proposal may attend, ask questions, and discuss the project with the Engineers and Owner s representatives. Offerors are strongly encouraged to attend. 5. REQUIREMENTS OF COMPETITIVE SEALED PROPOSALS-CONSTRUCTION In order for your competitive sealed proposal to be evaluated it must contain the following completed information: A. Proposal Form (004100) B. Contractors Qualifications Statement A305 C. Current Audited Financial Statement D. Proposal Bond or Cashiers Check for 5% of the Base Proposal (see paragraphs below for additional requirements) E. Required District Forms (see pages 7-13). F. List of Texas litigation for last three years. If none, provide a signed notorized affidavit stating that the offeror has not been involved in any litigation in Texas from January 1, 2014, to present. G. Provide payment and performance bonds that are A+ United States Treasury listed. Include samples of the current bonds your firm is using written on companies you propose to use for this project. H. Provide a sample of a Certificate of Insurance showing all names of issuing companies. 2

3 6. OFFEROR S REPRESENTATIONS By submitting his/her competitive sealed proposal, the offeror represents that he/she: A. Understands and has carefully read all of the Project Documents B. Has examined the project site, and is familiar with the conditions under which the work will be performed; and C. Will comply with the requirements of the project documents. 7. COMPETITIVE SEALED PROPOSALS A. Complete the Competitive Sealed Proposal Form included in the Specifications, and labeled Form of Proposal and then place in an envelope, sealed, and mark as follows: CSPC201704: Elgin ISD Paving Renovations Elgin Independent School District Attention: Purchasing Director 1002 N. Avenue C Elgin, Texas B. Proposal will be received for the furnishing of all labor, materials, equipment and performing all work required and must be based upon contract documents prepared by Gil Engineering Associates, Inc. C. In the event the proposal is mailed, it is the responsibility of the offeror to allow enough time in transit for proposal to be received by owner prior to date and hour of proposal opening. Telephone, and faxed proposals will not be accepted. D. Proposals received prior to the advertised hour of opening will be kept securely sealed until the published due date and time. No proposals will be accepted if received after the advertised due date and time. The owner or it s representative will not be responsible for the premature opening of, or the failure to open, a proposal not properly addressed or identified. E. In case of ambiguity or lack of clearness in the stated price in the proposal, the owner will adopt the price written in words. F. Any proposal which is not based upon the drawings and specifications, or which contains any qualification of same, or which is not properly completed and signed by the offeror, may be rejected by Elgin ISD, the owner. The Owner reserves the right to waive any informalities. G. Within 48 hours of bid opening, the district will require a bid tabulation of all sub contractors to be used in delivery of this project. 8. EVALUATION OF COMPETITIVE SEALED PROPOSALS-CONSTRUCTION Within 45 days after the opening of the competitive sealed proposals, District officials and the project Engineers shall review all proposals to determine if they contain the information required in Requirements of the Competitive Sealed Proposals-Construction. Upon confirmation and qualification of contents, Elgin ISD and the Engineers shall evaluate the proposals in accordance with the selection criteria as addressed below: 1. Relevant K-12 Public Schools Experience (15 points) 2. Key Personnel Assigned to the Project (20 points) 3. Current and Past Performance to include relationship with EISD and other references (25 points) 4. Subcontractors and Suppliers to include reputation and quality of goods and services and the extent to which these goods and services meet the district s needs (15 points) 5. Cost (60 points) 6. Financial Stability (10 points) 7. Litigation History (5 points) 3

4 TOTAL POINTS (150 points) A. Relevant Experience (15 points) Required Information: 1. Submit information indicating the years that the offeror s company has been in business as a commercial paving firm capable of bonding a single project costing equal to the amount of work the contractor has completed. 2. Chronologically list all of the school projects the offeror has completed in the past three (3) years, stating the name of the project, the address of the project, the date the project was completed, project size, the name, address and telephone number of the project engineer, the owner contact for the project, and the Project Manager and Project Superintendent. For each project provide the original contract cost, final cost and the number of change orders. Also list the original contract construction time in days and the actual time it took to reach substantial completion and to submit final closeout documents. 3. List of all projects offeror is currently working on, stating the name of the project, the address of the project, the start date and the date the project is to be completed, project size, the name, address and telephone number of the project engineer, the owner contact for the project and the name of the Project Manager and Project Superintendent. B. Key Personnel Assigned to the Project (20 points) Required Information: 1. The offeror s complete organizational chart showing key team members for this project, and their location (on-site or off-site) during project construction. 2. The resumes of the Project Manager (PM), Project Superintendent (PS) and the Assistant Project Superintendent (APS), and the names of all projects that they have completed together. 3. Provide a chronologically organized complete list of all projects that the PM, PS and APS have each worked on during the past five (5) years, whether or not they were working for the offeror s company at the time. For each project, provide project name, period of time that it was constructed, size (area), cost, contact names and telephone numbers for both the paving firm and the owner as well as the project address including the state and county in which the project is located. State the role served by the PM, PS and APS in each of the projects listed. 4. The offeror s current company safety policy, and a specific safety plan for this project. Provide the rate your firm is charged for workers compensation insurance by the State of Texas. C. Current and Past Performances (25 points) Required Information: 1. Owner and the Engineer reserve the right to contact any current or past project listings. D. Subcontractors and Supplies (15 points) Required Information: 1. Provide a list of all the major Subcontractors and Suppliers proposed for the project. Note 1: The list of subcontractors presented will be considered final and not subject to change whether or not alternates are accepted. Note 2: If notified after the receipt of the Competitive Sealed Proposal, provide the following information within 48 hours. Provide a list of subcontractors and material suppliers on your construction project team that are located within Bastrop County. For each subcontractor or material supplier indicate the work or materials they will provide. Also indicate the value of the total percentage of the project value that will go to subcontractors and material suppliers located within the Elgin ISD. 2. Refer to Proposal Form for list to be included. E. Cost (60 points) Required Information: 1. The price on offeror s completed Competitive Sealed Proposal Form. F. Financial Stability (10 points) 4

5 Required Information: 1. Provide a current certified audited financial statement (No earlier than January 1, 2014). Also, indicate the total number of staff your firm has employed for each of the past 3 years. Separate each year s total employees into the total for office or field staff categories. G. Litigation (05 points) Required Information: 1. Provide a list of all Texas litigation your firm has been involved with for the last three years. If none, provide a signed notarized affidavit stating that the offeror has not been involved in any litigiation in Texas from January 1, 2014 to the present. List all current ongoing disputes (those that your firm has had to employ an attorney to act on behalf) your firm has ongoing with any owner or subcontractor that is related to a construction project. Briefly describe the situation and how you see it being resolved. 9. PROPOSAL SURETY Each Proposal must be accompanied by a Proposal Security ( Bid Bond ) on a form similar to AIA Document A310 in the amount of five percent of the base proposal amount. This bond shall be paid to the owner in the event that the awarded firm fails to return an executed contract along with payment and performance bonds that have been issued by an acceptable surety within (7) days of contract award. In lieu of a Bid Bond, as Proposed Security, Owner may accept a deposit in the amount of five percent of the base proposal amount by cashiers check issued by a bank satisfactory to the owner. 10. ACCEPTABLE SURETY Acceptable Surety is defined as an insurance company, duly authorized to do business in the State of Texas and licensed by the State of Texas to issue security bonds, and having an acceptable record, in the opinion of Owner, for faithful performance during preceding five years of all undertaking to Owner. Notwithstanding any other law to the contrary, the Owner may establish financial criteria for the surety companies that provide payment and performance bonds. 11. RESERVATION OF RIGHTS Elgin ISD, the Owner, reserves the right to reject any and all competitive sealed proposals, and to waive any informalities or irregularities in the proposals, when such rejection or waiver is in the best interests of the Owner. Also, the Owner reserves the right to accept any base proposal, and/or any combination of a base proposal and alternate proposals. 12. TERMINATION OF PROPOSALS No proposal shall be withdrawn or terminated for a period of forty-five (45) days subsequent to the opening of proposals without Owner consent. 13. PRICING Proposal pricing must remain firm for 45 days after proposal opening. In accordance with the Texas Education Code (f), Elgin ISD and its Engineer may discuss with selected offeror, options for a scope or time modification and any price change associated with such modification. All prices for supplies and materials shall be quoted F.O.B. Destination. Where unit prices are requested, the offeror shall state the unit price on the Proposal Form in the appropiate space. 14. OFFERORS QUESTIONS ABOUT PROJECT DOCUMENTS Offeror shall submit any questions regarding the project documents including, but not limited to, the specifications and drawings, in writing, to the project engineer for clarification. Questions will be accepted Thursday, February 2, 2017, at 5

6 2:00 P.M.. Responses to all questions received by the due date will be answered through an addendum to be posted on the district s website by the end of business on February 3, This information will be posted at: All changes and/or additions posted by a written addendum shall become a part of the offeror s official proposal. All other oral and written interpretations, or explanations, corrections and/or approvals, do not constitute a change to the project documents, and therefore, should not be relied upon as such. 15. SUBSTITUTIONS (PRIOR TO PROPOSAL DATE) Where a definite product is specified, it is not necessarily the intention to discriminate against other products but rather to set a definite standard and indicate the quality and capacity of equipment found satisfactory for the Owner s use. However, all proposed substitutions must be received and approved by the Owner prior to receipt of proposals and must be listed as approved in written addendum (verbal/oral approvals are not acceptable or binding). Sufficient information should accompany a proposed substitution to enable the Owner to render a decision. Substitute items shall not deviate in basic construction and performance from the specified item. Proposed substitutions must be submitted for approval by the close of the pre-proposal conference on February 1, All approved substitutions will be noted in addenda. Oral approvals or approval in any manner, other than written addenda, are not acceptable and will not be recognized. All addenda noting approval of a manufacturer only and not a specific product come with the requirement that the manufacturer produces a product that meetsthe original specified item in terms of materials, finishes, gauges and thickness, dimensions, quality available color selection, etc. 16. ALTERNATE MANUFACTURERS Where alternate manufacturers are noted as approved in specification, drawings, addenda, etc. and no specific or model number is noted, it shall be treated and processed the same as a substitution. If the manufacturer is approved, however, the specific item proposed by the manufacturer must still be submitted for approval. The item shall not deviate in basic construction, features, operation, and performance from the specified item. The approved manufacturer s proposed item shall meet the original specified item in terms of materials, finishes, gauges and thickness, dimensions, quality, available colors selections, etc. Approved manufacturer s item shall be processed for approval by Owner, Engineer same as Substitutions. 17. SALES TAX Under ruling No. 9, Repairment and Contractor (amended April 3, 1962) Limited Sales, Exercise and Use Tax Rules and Regulations, Comptroller of Public Accounts, State of Texas, tangible personal property (materials) becoming part of improvements and structures incorporated in such, under lump sum contracts, are not subject to sales tax when cost of such materials is segregated from the cost of skill, labor, and all other materials not becoming part of the improvement of structure. Under interpretation of this ruling, contract will state not only the lump sum but also the value of materials and value of skill, labor, etc. Proposals are to be tendered in lump sum only. 18. CONTRACT SECURITY Performance and Payment Bonds will be required on this project based on the contract amount as noted in Section 1 of this document. The successful proposer must deliver to the Owner a fully executed Performance and Payment Bond in the amount of one hundred percent (100%) of the accepted proposal as security for the faithful performance of the contract and payment of all persons performing labor and furnishing materials in connection with this contract. The Performance and Payment Bonds shall meet the requirements of Tex.Rev.Civ.Stat.Art.5160 (The McGregor Act) as amended. All bonds shall be issued by the a surety company licensed, listed and authorized to issue bonds in the State of Texas by the Texas Department of Insurance. The surety company shall also provide such other information as may be necessary to document net worth, stability, total bonding capacity, other projects under coverage and to establish adequate financial capacity for this project. Should the bond amount be in excess of ten percent (10%) of the surety company s capital and surplus, the surety company issuing the bond shall certify that the surety company has acquired reinsurance, in a form and amount acceptable to the Owner, to reinsure the portion of the risk that exceeds ten percent (10%) of the surety company s capital and surplus with one or more reinsurers who are duly authorized and admitted to do business in Texas and that amount reinsured by any reinsurer does not exceed ten percent (10%) of the reinsurer s capital and surplus. 6

7 19. RETAINAGE Article 5 of the A , Owner-Contractor Agreement, will allow 95% progress payment of the duration of the contract. 20. OWNER Whenever the term Owner is used in this specification, it shall refer to Elgin Independent School District, Elgin, Texas. 21. ENGINEER Whenever the term Engineer is used in this specification, it shall refer to Gil Engineer Associates, Inc., 506 E. Braker Lane, Austin, TX 78753, (512) , who by contract is authorized by the Owner to prepare all contract documents as well as administer the construction contract. 22. APPLICABLE LAW This agreement shall be governed by the Uniform Commercial Code. Whenever the term Uniform Commercial Code is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas effective and in force on the date of this agreement. 23. VENUE All parties agree that venue for any litigation arising from this contract/project shall be in Bastrop County, Texas. 7

8 FORM A: FELONY CONVICTION NOTICE State of Texas Legislative Senate Bill No. 9, Section , Notification of Criminal History, Subsection (a), states a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. Subsection (b) states a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract. CRIMINAL HISTORY REVIEW OF CONTRACTOR EMPLOYEES Texas Education Agency Amendment to 19 TAC and new rule 19 TAC regarding criminal history checks of contractor employees provide the school district with rules interpreting Texas Education Code The rules define continuing contract duties, direct contact with students and other relevant terms within the statute. Except as otherwise provided herein, Contractor will obtain and certify in writing, before work begins, and at least annually, a criminal history record information that relates to an employee, applicant, agent or Subcontractor of the Contractor or a Subcontractor, if the person has or will have continuing duties related to the Project, and the duties are or will be performed on Owner s property where students are regularly present or at another location where students are regularly present. Contractor shall assume all expenses associated with the background checks and shall immediately remove any employee or agent who was convicted of, received probation for, or received deferred adjudication for any felony as outlined below or any misdemeanor involving moral turpitude, from Owner s property or other location where students are regularly present. Owner shall determine what constitutes moral turpitude or a location where students are regularly present. Contractor or sub-contractors may not work on District property where students are present when they have been convicted, received probation or deferred adjudication for the following felony offenses: 1. Any offense against a person who was, at the time the offense occurred, under 18 years of age or enrolled at a public school; 2. Any sex offense; 3. Any crimes against persons involving: a. Controlled substances; or b. Property; or 4. Any other offense the District believes might compromise the safety of students, Staff or property. Please complete the information below: I, the undersigned agent for the firm named below, certify that I have reviewed the information concerning notification of felony convictions and required criminal history checks and that ALL information furnished is true to the best of my knowledge. Vendor s Name: Authorized Company Official s Name (please print) My firm is a publicly-held corporation; therefore, this reporting requirement is not applicable: Signature of Company Official: Date: My firm is not owned or operated by anyone who has been convicted of a felony. Signature of Company Official: Date: 8

9 My firm is owned or operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): Details of Conviction(s) Signature of Company Official: Date Contractor is responsible for the performance of the persons, employees and/or subcontractors Contractor assigns to provide services for the Elgin ISD pursuant to this contract on any and all Elgin ISD campuses or facilities. Contractor will not assign individuals to provide services at an Elgin ISD campus or facility who have a history of violent, unacceptable, or grossly negligent behavior or who have a felony conviction, without the prior written consent of the Elgin ISD Purchasing Department. If at any time during performance of this contract, there is a change in felony status of any persons, employees, and/or subcontractors providing services to the Elgin ISD, Contractor will immediately update the above form and provide such form to the Elgin ISD Purchasing Department within five business days of becoming aware of the change in status. 9

10 FORM B: CERTIFICATE OF RESIDENCY The State of Texas passed HB 620 relating to bids by nonresident contractors. The pertinent portion of the Act is as follows: Section 1 (a). Non-resident 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 the State of Texas. 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 1. (b) The state or a governmental agency of the state may not award a contract for general construction, improvements, services, or public works projects or purchases of supplies, materials, or equipment to a non-resident bidder unless the non-resident s bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder to obtain a comparable contract in the state in which the non-resident s principal place of business is located. I certify that is a (Company Name) Resident Bidder of Texas as defined by HB 620. Signature Printed Name I certify that is a (Company Name) Non-resident Bidder of Texas as defined in HB 620 and our principal place of business is: (City and State) Signature Printed Name 10

11 FORM C: SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non-federal entities from contracting with or making sub-awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Elgin ISD does not do business with firms that have been suspended or debarred (e.g., subawards to sub-recipients). Firms receiving individual awards and all sub-recipients must certify that their organization and its principals are not suspended or debarred by a federal agency. Before an award will be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a federal agency. Name of Firm: Signature of Authorized Official: Printed Name: Date Signed: 11

12 FORM D: Affidavit Of Non-Discriminatory Employment This company, Contractor, or Subcontractor agrees to refrain from discrimination in terms and conditions of employment on the basis of race, color, religion, sex, or national origin, and agrees to take affirmative action as required by Federal Statutes and rules and regulations issued pursuant thereto in order to maintain and insure nondiscriminatory employment practices. Signature: Printed Name & Title: Company Name: Date Signed: 12

13 Form E: Conflict of Interest Questionnaire 13

14 FORM F: Non-Collusion Statement & Signature PAGE The undersigned affirms that he/she is duly authorized to execute this contract, that this company, corporation, firm, partnership, or individual has not prepared this Proposal in collusion with any other offeror, and that the contents of this Proposal as to prices, terms or conditions of said Proposal have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business or any individual affiliated with the Elgin Independent School District, prior to the official opening of this Proposal. Failure to observe this procedure may be cause for rejection of this Proposal. I,, have read the standard terms and conditions, (Print/Type Name of Company Officer) I fully understand them, and will fully execute them if I am awarded this Proposal. I fully understand the Proposal specifications. Company: Address: City: State: Zip Code: Telephone: ( ) Fax Number: ( ) Signature Date Printed Name Title 14

15 FORM G: W-9 15

16 BID FORM (LUMP SUM) Roberto Vasquez Purchasing Director Elgin Independent School District 1002 N. Avenue C Elgin, Texas CSPC201704: Elgin ISD Paving Renovations Proposal Date: February 9, 2017, 2:00 P.M. Dear Mr. Vasquez: The undersigned, in compliance with the notice to bidders for the ELGIN ISD PAVING RENOVATIONS to complete the Project for the unit prices for work in place for the following lump sum: Bid Schedule (NOTE: All prices must be shown in words and figures for each item in this bid, and in the event of discrepancy, the words shall control): 1. Bidder agrees to perform all work shown on the drawings to include erosion and sedimentation controls (temporary and permanent), provide and file all required EPA/TCEQ information for a complete SWP3 including NOI and NOT, layout, site preparation, grading (to include haul out of excess excavation, if any), removal of existing asphalt to include haul off, scarify and moisture condition the top 6 of existing base, placement of 12 compacted select base material provide concrete for curb and gutters and pipe end treatments as well as metal pipe and concrete for bollards, etc. all as shown on the drawings and required for a complete and usable facility for the Lump Sum Cost of: TOTAL BASE BID OF (WORDS) ($ ). The bidder acknowledges receipt of the following addenda: The bidder offers to construct the Project in accordance with the Contract Documents for the contract price, to substantially complete the Project within 60 calendar days after the project start date set in the Notice to proceed, and to finally complete the Project within 45 calendar days after the project start date. The bidder understands and accepts the provisions of the Contract Documents relating to liquidated damages if the Project is not completed on time. Enclosed with this bid are (1) Bid Bond, and (2) Statement of Bidder's Qualifications, in accordance with the Instructions to Bidders. In submitting this bid, the bidder represents to the Owner and Engineer that it: 1) fully recognizes the time required for the completion of this Project, and is taking into consideration all factors including, but not limited to the character of work involved in the Project, the nature of the Project site, the potential for weather-related impacts on the construction schedule and market conditions related to materials and equipment to be used in the Project

17 2) has examined, read and understands the Contract Documents; 3) is familiar with the Project area and site, and all local, state and federal laws and regulations that in any manner may affect cost, progress, or performance of the work; 4) has made and studied the results of examinations, investigations, and tests of subsurface and latent physical conditions which may affect the cost, progress or performance of the work that the bidder considers necessary to assure construction of the Project at the contract price within the contract time and in accordance with the Contract Documents, and no additional examinations, investigations, tests, reports or similar information will be required by the bidder for these purposes; 5) has reviewed all information in the Contract Documents with respect to existing underground facilities at or near the Project site, and the bidder assumes responsibility for the exact nature and location of these underground facilities; and no additional examinations, investigations, tests, reports or similar information will be required by the bidder in order to construct the Project at the contract price within the contract time and in accordance with the Contract Documents. 6) has correlated the results of all such observations, examinations, investigations, tests, reports and studies with the terms and conditions of the Contract Documents; and 7) has given the Engineer written notice of all conflicts, omissions, errors or discrepancies discovered in the contract documents and the written response or resolution of the issue by Engineer is acceptable to the bidder. The bidder certifies that it is familiar with the statutory obligation to provide workers' compensation insurance coverage for all employees engaged in work on the Project, and that, if awarded the contract, the bidder will ensure that this coverage is maintained in full force and effect for all of its employees and for all employees of subcontractors engaged in work on this Project, and will provide certificates of insurance for all coverages to the Owner. The bidder certifies that the bid prices contained in this bid have been carefully checked and are submitted as correct and final. The bidder acknowledges that time is of the essence and that the Owner will be damaged if the Project is not completed on time in accordance with the Contract Documents