01 ITB 37-04-27-Downtown Existing Tree Conditions.pdf

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR

BID #35-04-27

DOWNTOWN EXISTING TREE CONDITIONS

CITY COUNCIL

Timothy Davis Jessica Walker Dr. Zoe Grant Mike Emmons Mike Pilkington

STAFF

Brynn Myers Erin Smith Kevin Beavers Chuck Ramm

Mayor Mayor Pro Tem Councilmember Councilmember Councilmember

City Manager Assistant City Manager Director of Parks and Recreation Assistant Director of Parks and Recreation

Plans & Specifications Prepared by:

Covey Planning + Landscape Architecture Consulting Engineers

Temple, Texas Firm No. F-510 254-773-3731

October 2026

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Bid #35-04-27 Downtown Existing Tree Conditions

TABLE OF CONTENTS

ADDENDA (if any)

NOTICE TO BIDDERS

GENERAL INSTRUCTIONS TO BIDDERS

BIDDER INFORMATION FORM

PRICING SHEETS

BID BOND

BOND REQUIREMENT AFFIDAVIT

CONFLICT OF INTEREST QUESTIONNAIRE

GENERAL PROVISIONS

SPECIAL CONDITIONS

WAGE RATES

STANDARD FORM OF AGREEMENT

PAYMENT BOND

PERFORMANCE BOND

CERTIFICATE OF INSURANCE

GUIDELINES FOR CONSTRUCTION CONTRACT PREPARATION

TECHNICAL SPECIFICATIONS AND DRAWINGS

NOTICE TO BIDDERS

1. GENERAL

Download and submit competitive sealed bid (Bid) documents online at https://templetx.bonfirehub.com

OR

Submit sealed paper bids to:

Purchasing Department

City of Temple

3210 E Avenue H, Building C

Temple, Texas 76501

2. PROJECT SUMMARY

Bid submittals will be received to furnish all labor and materials and perform all work for the construction of the following described project:

DOWNTOWN EXISTING TREE CONDITIONS

Landscaping and irrigation maintenance, along with improvements to the downtown area.

3. BUDGET

The engineer’s estimate of probable cost associated with this project is $272,000.

4. CONTRACT TERM

The selected Contractor shall complete the work within 120 consecutive calendar days from Notice to Proceed.

https://templetx.bonfirehub.com/

5. BID TIMELINE

Date Event

Friday, October 16, 2026 Release of Bid Documents

Tuesday, October 27, 2026 1:30 p.m. CST

Non-Mandatory Virtual Pre-Bid Conference

Click here for MICROSOFT TEAMS MEETING

For audio participation only, call 1-979-307-6962

Conference ID: 879 327 899#

Tuesday, November 3, 2026 12:00 p.m. (noon) CST

Deadline for Questions related to Bid

Submit questions in writing to the engineer of record Tyler Richburg, PE, Covey Planning + Landscape Architecture at trichburg@coveylandscape.com.

Tuesday, November 10, 2026 2:00 p.m. CST

Bids Due

Submit in Euna Procurement (formerly Bonfire) online bidding portal or sealed paper copies to the Purchasing Department.

Virtual Bid Opening

Immediately following time due.

Click here for MICROSOFT TEAMS MEETING.

For audio participation only, call 1-979-307-6962, Conference

ID: 194 196 261#

December 2026 Expected Award of Contract

The City and the selected Contractor will work to establish an acceptable calendar of work.

6. PRE-BID CONFERENCE

A voluntary pre-bid conference will be held virtually at 1:30 PM CST on Tuesday, October 27, 2026. Please use the ‘MICROSOFT TEAMS MEETING’ hyperlink provided in the Bid Timeline above. If your computer is not audio equipped, you may also join the meeting via phone by using the instructions provided in the Bid Timeline.

7. REQUESTS FOR ADDITIONAL INFORMATION

Requests for clarification, additional information, or substitutions shall be in writing through the Euna Procurement (formerly Bonfire) portal using the ‘VENDOR DISCUSSIONS’ or ‘ASK A QUESTION’ features. Requests may also be emailed to the engineer of record Tyler Richburg, PE, Covey Planning + Landscape Architecture at trichburg@coveylandscape.com by the deadline stated in the Bid Timeline.

Any interpretation, correction, or change to this ITB will be issued as an addendum. Addenda become part of the ITB and shall be acknowledged by the bidder. All other communication is https://teams.microsoft.com/meet/255209486236219?p=0PAbmNvwkeS1EmuC1L mailto:trichburg@coveylandscape.com https://teams.microsoft.com/meet/223049582658333?p=F7YjZcbNzIBDoG96ks mailto:trichburg@coveylandscape.com unofficial and non-binding. Addenda will be posted in the Euna Procurement portal in the ‘Supporting Documentation’ section. It is the sole responsibility of the bidder to verify and ensure receipt of addenda.

If another agenda or construction data website references this project, please refer to the City’s Euna Procurement online portal or contact the City’s Purchasing Department at 254-298-5655 to verify completeness of the data.

8. BID SUBMITTAL INSTRUCTIONS

Sealed bids will be received until 2:00 PM CST on Tuesday, November 10, 2026 via the Euna Procurement portal or hard copy submitted to the City of Temple Purchasing Department. See ‘Electronic Submissions’ and ‘Paper Submissions’ below.

Late submissions will not be accepted. Bidders are responsible for planning ahead for potential delays, including but not limited to security screening, weather, and connectivity issues. Failure to submit before the deadline will result in disqualification.

Bid submissions shall include the following City-provided forms:

a. Bidder Information Form;

b. Pricing Sheet(s);

c. Bid Bond;

d. Bond Requirement Affidavit; and

e. Conflict of Interest Questionnaire (submit only if applicable).

Bidders shall submit a Bid Bond in an amount not less than 5% of the total amount of the bid submitted, from a reliable surety company, payable without recourse to the order of the City of Temple.as a guarantee that bidder will enter into a contract within ten (10) days and execute all necessary bonds (if required) within thirty (30) days after notice of award of the contract to him.

To ensure consistency and adequate protection for both parties, bidders are encouraged to use the City’s attached Bid Bond form included. The City reserves the right to reject any bid that includes a bond submitted on a form other than the City’s standard template if, in the City’s sole discretion, the alternative form does not provide an equivalent level of security or protection.

9. ELECTRONIC SUBMISSIONS

Bidders shall submit electronic responses through the Euna Procurement (formerly Bonfire) e-bidding portal at https://templetx.bonfirehub.com. All bid documents, questions, addenda, and award notifications will be issued through this portal.

For technical assistance with the Euna Procurement portal, contact Euna Procurement support at support.procurement@eunasolutions.com.

Bid submissions shall be uploaded in the file formats specified under ‘Requested Information’ for this solicitation.

Bidders may revise their submissions directly within the Euna Procurement portal until the posted submission deadline. No changes are permitted after the submission deadline.

Minimum system requirements include a current version of Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox, with JavaScript and browser cookies enabled. Euna Procurement’s https://templetx.bonfirehub.com/ mailto:support.procurement@eunasolutions.com lockbox technology date stamps each submission and keeps all bids secured until the bid opening date and time. The maximum file size for uploads is 1,000 MB. Documents shall not contain embedded files, as embedded materials will not be accessible or evaluated.

10. PAPER SUBMISSIONS

Hardcopy bids shall be sealed and clearly labeled on the exterior with the bidder’s name, address, bid number, and bid title. All paper submissions must be received no later than the deadline stated in the Bid Timeline.

The bid must be signed and dated by an authorized representative with authority to bind the firm.

Unsigned or undated bids may be rejected.

Paper bids will be date- and time-stamped upon receipt by the Purchasing Department, and this timestamp will serve as the official time of submission.

11. BID OPENING, WITHDRAWALS, AND REJECTIONS

After the expiration of the time and date above, sealed bids will be opened by the Assistant Director of General Services or her representative in the Purchasing Department offices located at 3210 E. Avenue H, Building C, Temple, TX and publicly read aloud.

The bid opening will be held virtually via Microsoft Teams. Please use the ‘MICROSOFT TEAMS MEETING’ hyperlink provided in the Bid Timeline. If your computer is not audio equipped, you may also join the meeting via phone by using the instructions provided in the Bid Timeline.

It is the sole responsibility of the bidder to ensure that their bid is properly submitted electronically in the Euna Procurement online bidding portal or submitted via hard copy in the Purchasing Department at the City of Temple prior to the bid opening date and time. Late submissions will not be allowed.

No bidder may withdraw a bid within sixty (60) days after the actual date of the opening thereof or after award of the contract by the City Council of the City of Temple. Withdrawal of bid before the end of the sixty (60) days or after award of the contract by the City Council of the City of Temple will be penalized with the forfeiture of the bidder’s bid bond, if applicable.

The City reserves the right to reject any or all bids and to waive any formality in the bidding.

The City Council will consider the bids at their next regularly scheduled meeting at the Municipal Building in Temple, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Texas Government Code Chapter 2253, Subchapter B, §2253.021 in the amount of 100% of the total contract price.

12. BIDDER ACKNOWLEDGEMENTS

It shall be each bidder's sole responsibility to inspect the site of the work and to inform themselves regarding all local conditions under which the work is to be done as well as carefully examine the plans, specifications, and contract documents pertaining to the work covered by this bid. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted.

The bidder hereby agrees to furnish all labor, materials and supplies required to construct this project in accordance with the plans, specifications, and contract documents within the time set forth therein and at the prices stated on the Pricing Sheet (Bid Schedule/Bid Form). Prices provided shall include all labor, materials, overhead, profit, insurance, etc. to cover the finished work of the project.

The bidder hereby agrees to commence work on the project on or before a date to be specified by a written “Notice to Proceed” provided by the City and to fully complete the work within 120 consecutive calendar days thereafter as stipulated in the specifications and related contract documents. The bidder hereby further agrees to pay to the City liquidated damages as outlined in Paragraph 1.36.1 of the General Conditions of the contract documents for time in excess of the timeline set forth hereinabove for completion of this project.

By submitting a bid for this project, the bidder is acknowledging the insurance requirements as outlined in the General Conditions of the contract documents and the bidder is asserting that, if awarded this contract, they can comply with all insurance requirements as specified within 30 days of award of the contract.

Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents and on file in the Purchasing Department for the City of Temple, Texas. Each bidder's attention is further directed to provisions of Chapter 2258 of the Texas Government Code, and the requirements contained therein concerning the above wage scale and payment by the Contractor of the prevailing rates of wages as heretofore established by the Owner in said wage scale.

The Contractor shall be solely responsible for and shall be in complete compliance with the Immigration Reform and Control Act of 1986, concerning the control of unlawful employment of aliens, the requirements for compliance to which statute are contained in section 274A (8 U.S.C.

1324) (Public Law 99-603), and to which statute reference shall be made by the Contractor to ensure compliance.

By submitting a bid, the bidder certifies under penalty of perjury that:

a. I am duly authorized to execute a contract resulting from this solicitation on my own behalf or on behalf of the company, corporation, firm, partnership or individual bidder.

b. Neither I nor any representatives of the company have violated any provision of the Texas Antitrust laws under Business and Commerce Code Chapter 15.

c. Neither I nor any representative of the company have violated any federal antitrust law; and

d. Neither I nor any representatives of the company have directly or indirectly communicated any of the contents of this bid to a competitor of the company or any other company, corporation, firm, partnership, or individual engaged in the same line of business as the company.

GENERAL INSTRUCTIONS TO BIDDERS

1. SCOPE OF WORK

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

2. CONTRACT DOCUMENTS

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

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

All vendors are required to carefully review the contract included in this solicitation packet.

Submission of a bid in response to this solicitation shall serve as acknowledgment that the vendor has reviewed the contract in full and understands the terms and conditions therein. By submitting a response, the vendor affirms its intent and ability to comply with all provisions of the contract, without modification, unless otherwise explicitly stated in their bid submission.

Vendors who seek to take exception to any provision of the contract must clearly identify each exception, providing a detailed explanation and, if applicable, suggested alternative language.

Failure to identify exceptions shall be interpreted as the vendor’s full acceptance of the contract as written.

The City reserves the right to reject any exceptions or negotiate alternative terms prior to contract award. Material deviations from the contract may render the bid non-responsive.

3. PLANS FOR USE BY BIDDERS

It is the intent of the City of Temple that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge. The contract documents may be examined without charge.

4. TIME AND ORDER FOR COMPLETION

The construction covered by the contract documents shall be fully complete within the time frame provided in the Notice to Bidders and from the date specified in the Notice to Proceed issued by the City of Temple to the successful bidder.

The Contractor will be permitted to perform the work in the order of his own choosing, provided however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified.

5. PAYMENT

All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents.

6. AFFIDAVITS OF BILLS PAID

The City of Temple, Texas, reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified.

7. MATERIALS AND WORKMANSHIP

The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the construction site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project.

8. GUARANTEES

All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work and pay for any and all damages of any nature whatsoever resulting in such defects that are a result of defective materials or workmanship at no cost to the Owner (City of Temple, Texas).

9. PLANS FOR THE CONTRACTOR

The Contractor will be furnished five (5) sets of drawings, specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors, or others, as required for proper prosecution of the work contemplated by the Contractor.

10. PROTECTION OF THE WORK

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

11. TEXAS STATE SALES TAX

This contract is issued by an organization which qualifies for exemption provisions pursuant to Provisions of the Texas Tax Code, Sections 151.301, 151.307, 151.309 and 151.311. The Contractor should obtain a limited sales, excise and use tax permit or exemption certificate which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase.

12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES

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

The City of Temple, Texas agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately to the satisfaction of the City of Temple, Texas, and/or other utilities at Contractor's expense. Contractor may be required to work twenty-four (24) hours per day to repair damage.

13. BARRICADES AND SAFETY MEASURES

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

The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project.

14. EXPLOSIVES

The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms or corporations engaged in similar type of construction activity.

Explosive materials shall not be stored or kept at the construction site by the Contractor.

In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work, of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notices, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations.

15. CONTRACTOR'S REPRESENTATIVE

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

16. INSURANCE

The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Provisions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City, or in a form approved by the City Attorney’s Office. Proof of coverage shall be furnished to the City and written notice of cancellation, non-renewal or reduction in coverage will be provided thirty (30) days in advance of cancellation or change. All "endeavor to" language must be stricken. All language similar to "but failure to mail such notice shall impose no obligations or liability of any kind upon the company," must be stricken. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The insurance certificates furnished shall name the City as an additional insured. All workers must be covered by worker’s compensation insurance. Proof must be provided for all persons working for general or subcontractors, regardless of status as employee or independent contractor. No one may work on the project without such proof.

17. LABOR AND WORKING HOURS

Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Chapter 2258 of the Texas Government Code providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist:

a. The project being constructed is essential to the City of Temple's ability to provide the necessary service to its citizens.

b. Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract, and Contractor can show he has made a diligent effort to complete the contract within the allotted time.

Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from Owner's Representative to do such work. The final decision on whether to allow construction work, requiring an inspector on weekends or holidays will be made by the Owner's Representative.

In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life.

18. PAYMENT OF EMPLOYEES

The Contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week.

The Contractor shall forfeit as a penalty to the City of Temple on whose behalf this contract is made, sixty ($60) dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents.

19. SUBMISSION OF BIDS

The bidder should submit his bid on forms furnished by the City. The City may reject bids submitted on something other than the City’s forms if the City determines in its sole discretion that the form(s) does not provide the same level of protection or information as the City’s form(s). All blank spaces in the forms shall be correctly filled in distinctly and legibly.

If the bid is submitted by an individual, his name must be signed by him. If the bid is submitted by a partnership or association, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid shall be signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid.

The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information:

a. The experience record of the bidder showing completed jobs of a similar nature to the one covered by the proposed contract and all work in progress with bond amounts and percentage completed.

b. A sworn statement of the current financial condition of the bidder.

c. Equipment schedule.

d. Project completion schedule and cash flow diagram.

All bid submissions shall include the following electronic submissions through the Euna Procurement online bidding portal:

a. Bidder Information Form;

b. Pricing Sheet(s);

c. Bid Bond;

d. Bond Requirement Affidavit; and

e. Conflict of Interest Questionnaire (submit only if applicable).

20. AMOUNT OF CONTRACT

This project is supported by a unit price contract as identified in the Pricing Sheet (Bid Schedule/Bid Form), and payments will be made at the unit price and quantity of items constructed and/or installed. The unit prices stated in the Pricing Sheet (Bid Schedule/Bid Form) will also be used for situations where quantities increase or decrease through a properly executed change order. The Contractor will not be compensated for work performed before they have a change order executed by the City in their possession.

The prices as recorded by the bidder on the Pricing Sheet (Bid Schedule/Bid Form) shall include all labor, materials, overhead, profit, insurance, etc., to cover the finished work of the project as defined herein.

21. LENGTH OF CONTRACT

Any time extension request must be submitted within seven (7) days of the underlying cause for delay.

22. COPY OF CONTRACT DOCUMENTS

Bidder understands and agrees that the contract to be executed by bidder shall include the following:

a. Addenda (if any)

b. Notice to Bidders

c. General Instruction to Bidders

d. Bidder Information Form

e. Pricing Sheet(s)

f. Bid Bond

g. Bond Requirement Affidavit

h. Conflict of Interest Questionnaire, if applicable

i. General Provisions

j. Special Conditions

k. Wage Rates

l. Standard Form of Agreement

m. Performance Bond

n. Payment Bond

o. Certificate of Insurance

p. Guidelines for Construction of Contract Preparation

q. Technical Specifications and Drawings

23. PERMITS

The Contractor will be required to file for the appropriate permits as required by City Ordinance.

The City will waive the permit application fees associated with obtaining the permits.

24. CONFLICT OF INTEREST

In accordance with Texas Local Government Code §176.006, any bidder/contractor who has a business relationship with the City must file a Conflict of Interest Questionnaire (CIQ) if the bidder/contractor:

a. Has an employment or other business relationship with a City local government officer or a family member of the City local government officer that results in that person receiving taxable income, other than investment income, that is more than $2,500 in the preceding 12 months;

b. Has given a City local government officer or an officer’s family member, one or more gifts totaling more than $100 in the preceding 12 months, excluding a political contribution as defined by Title 15 of the Election Code or food accepted as a guest; or

c. Has a family relationship with a City local government officer.

Bidders/contractors shall file the CIQ with the City Secretary no later than the 7th business day after the later of the following:

a. Date the bidder/contractor begins discussions or negotiations to enter into a contract with the City or submits an application or response to a solicitation; or

b. Date the bidder/contractor becomes aware of any business relationship as outlined in the preceding paragraph.

“Local Government Officer” includes:

a. Member of the governing body (i.e., mayor or council member);

b. Director, superintendent, administrator, or other person designated as an executive officer of the City; or

c. Agent of the City who exercise discretion in the planning, recommending, selecting, or contracting of a contractor.

State law requires bidders/contractors file an updated CIQ with the City Secretary no later than the 7th business day after the date on which the bidder/contractor becomes aware of an event that would make a statement in a previously filed CIQ incomplete or inaccurate.

The CIQ is included in this bid and is available at www.templetx.gov under Departments → Purchasing → Forms & Documents → Conflict of Interest Questionnaire. Compliance with this law is the responsibility of each bidder/contractor.

25. DISCLOSURE OF INTERESTED PARTIES

In accordance with Texas Government Code §2252.908, a Certificate of Interested Parties (Form 1295) shall be filed if a resulting contract:

a. Requires action or vote by the City Council before execution;

b. Has a value of $1 million or more; or

c. Requires lobbyist registration under Texas Government Code Chapter 305.

If any contract formed under this bid meets one of these conditions, Form 1295 shall be submitted prior to contract execution. Additional guidance is available from the Texas Ethics Commission at https://www.ethics.state.tx.us/filinginfo/1295/.

http://www.templetx.gov/ https://www.ethics.state.tx.us/filinginfo/1295/

BIDDER INFORMATION FORM

1. Company Information

Company Name: ______________________________________________________________

Business Address: ____________________________________________________________

Remit-to Address, if different: ____________________________________________________

Tax Identification Number: _______________________________________________________

Primary Contact Person: ________________________________________________________

Phone: ______________________________________________________________________

Email: ______________________________________________________________________

2. Addenda

Our firm acknowledges receipt of all addenda, if any, issued for this solicitation through the Euna

Procurement e-bidding portal.

Number of addenda received: ____________

3. Authorized Personnel

List the individuals authorized to represent, commit, or provide clarification regarding your firm, bid, or any resulting contract.

Name Title Phone Number Email Address

4. References

Provide three customer references:

Entity Name Contact Person Phone Number Email

5. Credit Check Authorization

The City may conduct a credit check prior to awarding a contract to evaluate financial responsibility. By signing this form, I authorize the City of Temple, along with any credit bureau or other investigative agency engaged by the City, to review my firm’s credit history and financial standing.

6. Authorization

By signing this Bidder Information Form, you are asserting you have reviewed the plans, specifications, and contract documents associated with this bid, have the ability to perform and comply with the contract terms as stated herein, and are an authorized representative with the authority to bind your company in a legally binding contract.

Authorized Signature: __________________________________________________________

Print Name: __________________________________________________________________

Title: ______________________________________ Date: _________________________

PRICING SHEET(S)

Access to the most current version of the Excel Pricing Sheets can be located under the ‘Supporting Documentation’ section in the Euna Procurement ebidding portal.

1. Electronic Submission:

a. Bidder shall submit Pricing Sheet(s) in Excel format in the ‘Required Forms’ section of Euna Procurement online bidding portal.

b. A summary of subtotal/total pricing shall also be entered into the ‘Pricing’ section in Euna Procurement.

1. Paper Submission:

Bidder shall complete the Pricing Sheet(s) in the Excel format and print the sheets to include in the paper submission.

BID SCHEDULE

PART A: BASE BID

Total Item Final Unit Amount No. Quantity Unit Description Price (in numerals) A-1 100% Lump Sum Mobilization, Bonds and Insurance, not-to-exceed

5% of the Base Bid Amount, Complete For

A-2 4 Months Prepare, Administer and Implement Barricade, Signing and Traffic Safety Plan (Vehicular and Pedestrian), Complete For $ $

A-3 100% Lump Sum Provide Project Record Drawings, Complete For

A-4 8 Each Remove and Haul Off Existing Tree Grate, Complete For $ $

A-5 3 Each Remove and Haul Off Existing Tree Including Stump and Roots, Complete For $ $

A-6 30 Cubic Yard Excavate and Haul Off Existing Soil and Gravel in Tree Pits to Receive Proposed Trees Per Detail 1/LD 1.6, Complete For $ $

A-7 15 Cubic Yard Furnish and Install Gravel, Complete For

A-8 1,100 Square Foot Furnish and Install Filter Fabric, Complete For

A-9 36 Each Remove Gravel and Provide Root Crown Excavation For Existing Trees To Remain, Complete For $ $

A-10 36 Each Provide Pruning For Existing Trees To Remain, Complete For $ $

A-11 36 Each Provide Soil Sampling and Testing For Existing Trees To Remain, Complete For $ $

A-12 36 Each Provide Fertilization For Existing Trees To Remain, Complete For $ $

A-13 30 Cubic Yard Furnish and Install Planting Mix, Complete For $ $

A-14 6 Each Furnish and Install 100 Gallon Cedar Elm, Per Detail 1/LD 1.6, Complete For $ $

Downtown Existing Tree Conditions Temple, Texas

Page 1 10/18/2026

BID SCHEDULE

PART A: BASE BID

Total Item Final Unit Amount No. Quantity Unit Description Price (in numerals)

Downtown Existing Tree Conditions Temple, Texas

A-15 4 Each Furnish and Install 100 Gallon Chinkapin Oak, Per Detail 1/LD 1.6, Complete For $ $

A-16 43 Each Furnish and Install 5' X 5' Tree Pit Fencing, Including All Necessary Appurtenances and Items Per Detail 1/LD 1.4, Complete For $ $

A-17 1 Each Furnish and Install 4' X 4' Tree Pit Fence, Including All Necessary Appurtenances and Items Per Detail 1/LD 1.4, Complete For $ $

A-18 100% Lump Sum Repair and Modify Existing Irrigation For All Tree Pits, Complete For $ $

A-19 3 Each Remove, Store & Replace Bike Racks, Complete For $ $

A-20 11 Each Remove, Store & Replace Benches, Complete For

A-21 2 Each Remove, Store & Replace Plant Pots, Complete For $ $

A-22 4 Each Remove and Haul Off Concrete Vaults, Including All Items and Appurtenances, Complete For $ $

A-23 36 Each Provide, Maintain & Remove Tree Protection For Existing Trees to Remain, Including All Items and Appurtenances Per Detail 2/LD 1.6, Complete For $ $

TOTAL PART A: BASE BID AMOUNT (ITEMS A-1 to A-23)

BID AMOUNT:

Page 2 10/18/2026

BID BOND

THE STATE OF TEXAS § SURETY NO. _________________

COUNTY OF ____________ §

KNOW ALL MEN BY THESE PRESENTS, THAT __________________________________

(hereinafter called the Principal), as Principal, and __________________________________

(hereinafter called the Surety), as Surety, are bound unto the City of Temple, Texas, a home rule municipal corporation of Bell County, Texas (hereinafter called Obligee) in the amount of

__________________________________ DOLLARS ($____________), for the payment whereof said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a Bid to enter into a certain written Contract with the City of Temple for the construction of the following:

DOWNTOWN EXISTING TREE CONDITIONS

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said

Principal shall faithfully, enter into such written Contract, then this obligation shall be void;

otherwise to remain in full force and effect.

IT IS EXPRESSLY UNDERSTOOD AND AGREED that if said Principal should withdraw its Bid any time after such Bid is opened and before official rejection of such Bid or, if successful in securing the award thereof, said Principal should fail to enter into the Contract and furnish satisfactory Performance Bond and Payment Bond, the Obligee, in either of such events, shall be entitled and is hereby given the right to collect the full amount of this Bid Bond as liquidated damages.

PROVIDED, further that if any legal action be filed upon this Bond, venue shall lie in Bell County, Texas.

IN WITNESS WHEREOF, the said Principal and Surety do sign and seal this instrument, this

____________ day of ____________, 20_____.

Principal/Contractor Surety

By: _____________________________ By: _____________________________

Address _________________________ Address _________________________

NOTE: Attach Power of Attorney

BOND REQUIREMENT AFFIDAVIT

Your firm’s bond agent shall complete the following Bond Requirement Affidavit form. Submit the completed form with your bid submission.

BOND REQUIREMENT AFFIDAVIT

CITY OF TEMPLE, TEXAS

To Be Completed by Appropriate Insurance Agent

I, the undersigned Agent/Broker, certify that I have reviewed the bond requirements outlined in this solicitation with the contractor identified below. If the contractor is awarded a contract by the

City of Temple (“City”), I confirm that I will be able to furnish a valid bond and the required ‘power of attorney’ within thirty (30) days of notification of award. All bonding will fully meet the requirements specified in this bid.

Contractor’s Name: __________________________________________________________

(print or type)

Agency/Broker Name: ________________________________________________________

Agency/Broker Address: ______________________________________________________

City/State/Zip: ______________________________________________________________

Agent/Broker Telephone Number: ______________________________________________

Agent Signature Agent Printed Name

Date

NOTE TO AGENT/BROKER

Failure to submit this affidavit or meet the bonding requirements may result in rejection of the contractor’s bid and award of the contract to another qualified bidder.

For questions regarding bond requirements, contact the City Attorney’s Office, designated as the risk management team, at 254-298-5674.

For questions about this bid, contact the City’s Purchasing Department at 254-298-5655.

CONFLICT OF INTEREST QUESTIONNAIRE

See General Instructions to Bidders, Item 24, for information regarding when it is necessary to complete and submit this form.

GP-1

CITY OF TEMPLE GENERAL PROVISIONS

BID REQUIREMENTS AND OTHER GENERAL CONDITIONS

Item 1.0. Definitions Item 1.1. Bid Quantities Item 1.2. Examination of Plans, Specifications and Site of the Work Item 1.3. Preparation of Bid Item 1.4. Bid Guaranty Item 1.5. Filing of Bids Item 1.6. Withdrawing Bids Item 1.7. Opening Bids Item 1.8. Irregular Bids Item 1.9. Rejection of Bids Item 1.10. Disqualification of Bidders Item 1.11. Consideration of Contract Item 1.12. Award of Contract and Commencement of Work Item 1.13. Surety Bonds Item 1.14. Notice to Proceed Item 1.15. Execution of Contract Item 1.16. Failure to Execute Contract Item 1.17. Priority of Contract Documents Item 1.18. Correlation and Intent of Documents Item 1.19. Contractor's Warranties and Understanding Item 1.20. Contractor's Responsibilities Item 1.21. Compliance with Laws; Governing Laws Item 1.22. Protection of Work and of Persons and Property Item 1.23. Payment for Labor and Material; No Liens Item 1.24. Insurance Item 1.25. Materials and Workmanship; Warranties and Guarantees Item 1.26. Shop Drawings, Product Data and Samples Item 1.27. Means and Methods of Construction Item 1.28. Supervision by Contractor Item 1.29. Employees Item 1.30. Working Area; Coordination with Other Contractors; Final Cleanup Item 1.31. Other Contractors; Obligation to Cooperate Item 1.32. Owner's Right to Temporarily Suspend Work Item 1.33. Use of Completed Portions of Work Item 1.34. Delays; Extension of Time; Liquidated Damages Item 1.35. Change or Modification of Contract Item 1.36. Payment for Revised Quantities of Work and Extra Work Item 1.37. Disputed Work and Claims for Additional Compensation Item 1.38. Performance of Extra or Disputed Work Item 1.39. Authority of the Engineer Item 1.40. Inspection and Tests Item 1.41. No Waiver of Rights or Estoppel Item 1.42. Contractor Default; Owner's Right to Suspend Work and Annul Contract Item 1.43. Suspension by Court Order against the Owner Item 1.44. Subcontracts Item 1.45. Assignments Item 1.46. Claims against Owner and Action Thereon

GP-2

Item 1.47. Owner's Officers, Employees or Agents Item 1.48. Patents Item 1.49. Monthly Estimate, Partial Payments, Retainage, Final Inspection, Acceptance and Final Payment Item 1.50. Payment Withheld Item 1.51. Service of Notices Item 1.52. Unlawful Provisions Deemed Stricken Item 1.53. All Legal Provisions Included Item 1.54. Equal Employment Opportunity Item 1.55. Termination for Convenience of the Owner Item 1.56. State and Local Sales and Use Tax Item 1.57. Venue and Governing Law Item 1.58. No Waiver of Legal Rights Item 1.59. Obligation to Perform Functions Item 1.60. Successors and Assigns Item 1.61. Net Prices Item 1.62. Conflict of Interest Item 1.63. Overcharges Item 1.64. Headings Item 1.65. Sample Forms

GP-3

BID REQUIREMENTS & OTHER GENERAL CONDITIONS

ITEM 1.0 DEFINITIONS

The following words and expressions, or pronouns used in their place, shall wherever they appear in this contract, be construed as follows, unless a different meaning is clear from the context:

Abbreviations: Wherever the abbreviations defined herein occur on the plans, in the specifications, contract, bonds, advertisement, bid or in any other document or instrument herein contemplated or to which the specifications apply or may apply, the intent and meaning shall be as shown on page GP-6.

Addendum or Letter of Clarification: Any additional contract provisions, or change, revisions or clarification of the contract documents issued in writing by the Owner, to prospective bidder prior to the receipt of bids.

Bid: The written statement or statements duly submitted to the Owner by the person, persons, partnership, company, firm, association, or corporation proposing to do the work contemplated, including the approved form on which the formal bids for the work are to be proposed.

Bid Bond or Bid Guaranty: The approved document securing the public body from the withdrawal of a bid and providing financial protection to the public body against a bidder's failure to enter into an awarded contract by imposing liquidated damages against the bidder for such a failure.

Calendar Days or Days: Successive days of the week or month, no days being excepted.

Change Order: A properly authorized order signed by the City Manager and distributed to the Contractor allowing an adjustment in the contract price or the contract time.

Contract or Contract Documents: The written agreement covering the performance of work.

The contract and contract documents include the Standard Form of Agreement, Notice to Bidders, Instructions to Bidders, bid, addendum, specifications, including the general, special and technical conditions, provisions, plans or working drawings, any other documents mentioned in the contract or submitted as a part of the bidding process and any supplemental changes, modifications, or agreements pertaining to the work or materials therefor; and bonds; and any additional documents incorporated by reference in the above.

Contractor: The person, persons, partnership, firm, corporation, association or organization, or any combination thereof entering into the contract for the execution of the work, acting directly or through a duly authorized representative.

Contract Price: The total monies payable to the Contractor under the terms and conditions of the contract documents. When used in such context, it may also mean the price of an item of work under the contract terms.

Contract Work: Everything expressly or impliedly required to be furnished and done by the Contractor by any one or more parts of the contract documents, except "extra work" as hereinafter defined; it being understood that, in case of any inconsistency between any part or parts of this contract, the Owner shall determine which shall prevail in accordance with Item 1.17. hereof.

Directed, Required, Approved, and Words of Like Import: Whenever they apply to the work

GP-4

or its performance, the words "directed," "required," "permitted," "ordered," "designated," "established," "prescribed" and words of like import used in the contract, specifications or upon the drawings, shall imply the direction, requirement, permission, order, designation or prescription of the Owner; and "approved," "accepted," "satisfactory" and words of like import shall mean approved by, or acceptable to or satisfactory to the Owner.

Drawings or Contract Drawings: Only those drawings specifically entitled as such and as specified in the contract, or in any addendum, or any detailed drawing furnished by the Owner, pertaining or supplemental thereto.

Engineer: The term "Engineer" means the Engineer or his duly authorized representative. The Engineer shall be understood to be the Engineer of the Owner, and nothing contained in the contract documents shall create any contractual or agency relationship between the Engineer and the Contractor. Engineer shall also be understood to mean Architect or City staff supervising the project in lieu of a design professional.

Equal: Materials, articles or methods which are of equal or higher quality than those specified or shown on the drawings and as further defined in the "or equal" clause.

Extra Work: Work other than that which is expressly or impliedly required by the contract documents at the time of the execution of the contract.

Inspector: Any representative of the Owner designated to inspect the work. Provided, however, the Inspector may also be the representative of the Engineer or may be the Engineer where the contract provides that the Engineer is to provide inspection services.

Materialman or Supplier: Any subcontractor contracting with the Contractor, or any of his subcontractors, to fabricate or deliver or who actually fabricates or delivers, materials, supplies, or equipment to be consumed or incorporated into the work.

Notice: Written notice effective the date of the postmark thereon, or if hand delivered, effective the date of hand delivery.

Other Contractors: Any contractor, other than the Contractor or his subcontractors, who has a direct contract with the Owner for work on or adjacent to the site of the work.

Owner: The public governmental agency (City of Temple, Texas) identified throughout the contract documents and as specifically identified in the contract. The term Owner means the Owner or its authorized representative.

Owner's Representative: The contract administrator named on the Standard Form of Agreement.

Payment Bond: The approved form of security furnished by the Contractor and his sureties for the protection of all claimants supplying labor and materials in the prosecution of the work.

Performance Bond: The approved form of security furnished by the Contractor and his sureties conditioned upon the faithful performance of the work in strict accordance with the plans, specifications, and contract documents.

Plan or Plans: All the…