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TABLE OF CONTENTS

ARNOT ROAD PAVING IMPROVEMENTS &

HOT MIX PAVEMENT OVERLAY

ARNOT RD. FROM I-40 E. FRONTAGE RD. TO APPROX. 2,350 FT S.

POTTER COUNTY, TEXAS

DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS

Section 00 01 10 Table of Contents

00 11 16 Legal Notice 00 21 16 Instructions to Bidders 00 42 13 Bid Form 00 45 13 Bidder Qualifications Statement 00 52 00 Contract Agreement 00 61 13 Performance and Payment Bond Form 00 72 00 Standard General Conditions 00 73 00 Supplementary Conditions 00 73 46 Wage Rate Schedule 00 73 75 Disclosure of Interested Parties 00 91 13 Addenda

DIVISION 01 GENERAL REQUIREMENTS

Section 01 11 01 General Construction Requirements 01 29 00 Measurement and Payment 01 31 00 Job Management 01 33 00 Submittals 01 45 00 Quality Control 01 50 00 Temporary Facilities 01 74 23 Restoration of Property and Final Cleaning 01 77 00 Project Closeout 01 78 39 Project Record Documents

DIVISION 03 CONCRETE

Section 03 11 13 Concrete Form Work 03 20 00 Concrete Reinforcement 03 30 00 Cast-in-Place Concrete

DIVISION 31 EARTHWORK

Section 31 23 00 Site Excavation and Embankment 31 23 01 Structural Excavation and Backfilling 31 25 00 Soil Erosion and Sediment Control

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DIVISION 32 EXTERIOR IMPROVEMENTS

Section 32 01 16.71 Cold Milling Asphalt Paving 32 11 23 Flexible Base 32 12 12 Prime Coat 32 12 13 Tack Coat

32 12 17 Hot Mix Asphalt Concrete 32 17 24 Painted Pavement Markings

DRAWINGS – 15 SHEETS (Separate Document)

LEGAL NOTICE

RFP #1283-26 Arnot Road Paving Improvements & Hot Mix Overlay

Potter County Commissioners Court is accepting sealed proposals for the construction of paving for Arnot Road entitled:

ARNOT ROAD PAVING IMPROVEMENTS & HOT MIX OVERLAY

ARNOT ROAD FROM I-40 EAST FRONTAGE ROAD TO APPROXIMATELY 2,350 FEET SOUTH

Proposals shall be received at the office of the Potter County Purchasing Department, 900 S. Polk, Ste. 604, Amarillo, TX 79101 until 10:00 AM on Wednesday, June 3, 2026. Proposals may also be submitted electronically via Bonfire (https://co-potter-tx.bonfirehub/opportunities).

RFP & Contract Documents are on file and must be downloaded on Bonfire (https://co-potter-tx.bonfirehub/opportunities) or obtained from the office of the Potter County Purchasing Department, 900 S. Polk, Ste. 604, Amarillo, TX 79101, phone (806) 349-4815 and the offices of Hi- Plains Civil Engineers, Consulting Engineers, 4537 Canyon Drive, Amarillo, Texas 79110, phone (806) 353-7233. To obtain a digital copy of the Plans and Specifications contact, Hi-Plains Civil Engineers, 4537 Canyon Drive, Amarillo, Texas 79110, phone (806) 353-7233. Proposals will open at 10:30 AM on June 3, 2026.

A mandatory, pre-bid walk through will be conducted on Wednesday, May 20, 2026, at 10:00 a.m.

Interested parties are expected to inspect the site of the work and inform themselves regarding all local conditions. Potter County reserves the right to accept or reject any or all Proposals, and may make exceptions to the bid specifications, or waive formalities in its interest. Multi-year contracts are subject to appropriation for the fiscal year. A 5% bid bond must accompany proposal submittal. A Performance and Payment Bond of 100% of total project will be submitted by awarded vendor within 10 days after award of proposal by Potter County Commissioners Court. The contract will be awarded to the vendor who provides the most responsive proposal to Potter County based on the evaluation factors set forth in this request for proposal. Payment will be made 30 days after receipt of invoice upon satisfactory receipt of items and services.

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SECTION 00 21 16 INSTRUCTIONS TO BIDDERS

1.00 QUALIFICATIONS OF BIDDERS

1.01 To demonstrate his qualifications for the Project, each Bidder must be prepared to submit within five days of Owner's request written data as to the Bidder's Qualifications such as financial data, previous experience, list of available equipment, and evidence of authority to conduct business in the jurisdiction where the project is located.

1.02 Submit documents with the bid to demonstrate that the contractor is qualified by experience and capability to successfully construct the project within the Contract Time and for the Contract Amount. Include the following information:

A. Qualifications and experience of Bidder, including key personnel to be assigned to the project.

B. Qualifications and experience of Subcontractors.

C. Qualifications of manufacturers proposed to furnish the principal items of materials or equipment.

D. Previous experience and present contracts.

E. List of available equipment.

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

1.03 Owner may conduct investigations as considered necessary to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other person and organizations to do the work in accordance with the Contract Documents, to the Owner’s satisfaction, and within the prescribed time. Owner may reject the Bid of any Bidder who does not meet any such evaluation to Owner’s satisfaction.

2.00 EXAMINATION OF CONTRACT DOCUMENTS AND SITE

2.01 Before submitting his Bid, each Bidder must (1) examine the Contract Documents thoroughly, (2) visit the site to familiarize himself with local conditions that may in any manner affect performance of the work, (3) familiarize himself with federal, state and local laws, ordinances, rules and regulations affecting performance of the work, and (4) carefully correlate his observations with the requirements of the Contract Documents.

2.02 Data in the contract documents pertaining to existing conditions if for convenience only and does not supplant obtaining firsthand information at the site. Submission of a bid constitutes acceptance by the Bidder of existing site conditions as part of the requirements of the work.

2.03 The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this Section.

3.00 INTERPRETATIONS

All questions about the meaning or intent of the Contract Documents shall be submitted to the Engineer in writing. Replies will be issued by Addenda to all parties recorded by Engineer as having received the bid documents. Bidders should contact the Engineer not less than two days before the bid opening to insure that they have all addenda that may affect the bid. Questions received less than two days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

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4.00 ADDENDA

4.01 The Engineer reserves the right to issue Addenda at any time prior to the bid opening.

4.02 All such Addenda become, upon issuance, an inseparable part of the specifications. Each

Bidder shall cover such Addenda in his bid and shall acknowledge receipt of same.

5.00 SUBSTITUTIONS

5.01 To obtain approval to use unspecified products, bidders shall submit written request to the office of the Engineer no later than 5:00 p.m. five (5) days prior to the bid opening.

Requests received after that time will not be considered.

5.02 Requests shall clearly describe the product for which approval is asked, including all data necessary to demonstrate acceptability, as well as certification that the substitutions are equal to the specified products. If the product is acceptable, the Engineer will approve it in an Addendum.

6.00 BID SECURITY

Each bid must be accompanied by a certified or cashier's check or an approved Bidder's Bond as set forth in the General Conditions, for the sum of five percent of the amount of the maximum total price proposed as a guarantee that, if awarded the contract, the Bidder will promptly enter into a Contract and execute a Performance and Payment Bond on the forms included in the Contract Documents. Certified or cashier's check shall be made payable to the Owner.

7.00 STATE SALES TAX

The Owner qualifies for exemption from State and Local Sales Tax pursuant per the Texas Comptroller of Public Accounts.

8.00 WAIVER OF CLAIM

By tendering a response to this request for bid, the bidder acknowledges that it has read and fully understands the requirements for submitting a response, and the process used by the Owner for selecting a contractor. Further, by submitting a response, the proposed fully, voluntarily and understandingly waives and releases any and all claims against Owner, or any of its board members, officers, agents, engineer, and/or employees that could arise out of the administration, evaluation, or recommendation of any bid submitted in response to this request for bid.

9.00 CONTRACT TIME

The number of consecutive calendar days for the completion of work (Contract Time) shall be inserted by the Bidder in the space provided in the Bid Form (unless such time is specified). This time shall be included in the executed documents. Failure to complete the contract within the agreed time will subject the Contractor to withholding for liquidated damages in the amount shown on the Bid form.

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10.00 BID

10.01 Bidders shall use the Bid forms included in the documents. Bid forms are to be left attached to documents in same manner as received by Bidders. Supplemental data to be furnished shall be included in same sealed envelope with Bid.

10.02 Bid forms must be completed in ink. The Bid Price of each item on the form must be in unit prices and with the extension; in case of a conflict, unit prices will take precedence.

10.03 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary.

The corporate address and state of incorporation shall be shown below the signature.

10.04 Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature.

10.05 All names must be printed below the signature.

10.06 The Bid shall contain an acknowledgement of receipt of all Addenda the numbers of which shall be filled in on the Bid Form.

10.07 Any alternates listed in the bid forms will be considered in the award of the contract.

Contract awarded could be on the basis of the base project bid, or a combination of base bid items and those alternatives which produce a total within available funds. Time will be a consideration in the award of the bid.

11.00 SUBMISSION OF BIDS

Bids shall be submitted at the time and place indicated in the Legal Notice and shall be included in an opaque sealed envelope, marked with the Project title and name and address of the Bidder and accompanied by the Bid Security and other required documents.

12.00 MODIFICATION AND WITHDRAWAL OF BIDS

Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. Bids may not be withdrawn after opening of Bids for the period set forth in the Legal Notice.

13.00 OPENING OF BIDS

Bids will be opened as indicated in the Legal Notice. Bids received after such time will not be considered, and will be returned unopened.

14.00 BIDS TO REMAIN OPEN

All Bids shall remain open for the period of time set forth in the Legal Notice, but Owner may, in his sole discretion, release any Bid and return the Bid Security prior to that date.

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15.00 UNIT PRICES AND EXTENSIONS

In case of an error in multiplication of a quantity and unit price proposed for any item in the Bid, resulting in an erroneous total amount proposed for the item, the unit price will be considered as the proposed price, and will be used in comparison of bids and for payment in the event the Bid is that of the successful Bidder. Unreasonable or unbalanced unit prices may be cause for rejection of a bid.

16.00 AWARD OF CONTRACT

16.01 Owner reserves the right to reject any and all Bids and waive any and all formalities, and the right to disregard all nonconforming or conditional Bids or counter informalities.

16.02 In evaluating Bids, the total points to be awarded to all criteria when selecting or awarding a contract will be 100 points collectively. The maximum number of points per criteria will be as follows:

1. 50 pts the proposed price

(Lowest Price/Current Bid Price) x Maximum Point Value = Price Score;

2. 20 pts the proposed calendar days for construction

3. 10 pts the experience of key personnel and subcontractors;

4. 10 pts history of completion of project on time in the past five years;

5. 10 pts the vendor’s past relationship with the county;

16.03 In evaluating the above criteria, the owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, time of completion, and alternates and unit prices if requested in the Bid forms. The owner will consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the work as to which the identity of Subcontractors and other persons and organizations must be submitted as specified in the bid documents.

The owner may conduct such investigations as he deems necessary to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. Owner reserves the right to reject the Bid of any Bidder who does not meet any such evaluation to Owner's satisfaction.

16.04 If a contract is to be awarded, it will be awarded to the lowest responsible Bidder or Bidders whose evaluation by Owner indicates to the Owner that the award will be in the best interest of the Project.

16.05 It is expected that the Owner's evaluation of bids and award of contract or contracts will be made as set forth in the Legal Notice. Time of completion is important and failure to meet completion schedule will subject the Contractor to liquidated damages as provided for in the Contract Documents.

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17.00 EXECUTION OF CONTRACT

17.01 The accepted Bidder, within fifteen days after formal notice of award, shall execute the formal Contract Agreement and required Bonds on the forms prepared and submitted by the Owner.

17.02 The Owner will issue a Notice to Proceed authorizing Contractor to commence work.

Signing of the contract may be deemed authorization to proceed in accordance with the General Conditions.

18.00 CONTRACT INCREASE OR REDUCTION

The Owner reserves the right to increase or decrease the contract amount up to 25% of the total amount proposed. The priority of the roads to be rehabilitated is subject. The Owner reserves the right to adjust the number of quantities in order to meet budget restraints. The total may be adjusted either by adding or deleting roads.

19.00 PERFORMANCE AND PAYMENT BONDS

Performance and Payment Bonds are required for this project and shall be provided in accordance with the General and Supplementary Conditions.

20.00 SUBCONTRACTORS

The successful Bidder is to submit a list of subcontractors within 7 days after the award of the contract.

END OF SECTION

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SECTION 00 42 13 BID FORM

ARTICLE 1: BID RECIPIENT

1.01 This Bid is submitted to:

Potter County Purchasing Department 900 S. Polk, Ste. 604 Amarillo, TX 79101

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2: BID SUBMITTAL

2.01 This Bid submitted by:

A Corporation

Corporation Name:

(typed or printed)

State of Incorporation:

Date of qualification to do business in Texas is:

By:

(signature -- attach evidence of authority to sign)

Name:

(typed or printed)

Title:

Attest:

(Signature of Corporate Secretary)

Business Address:

Phone: Email:

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A Partnership

Partnership Name:

(typed or printed)

Name of General Partner:

(typed or printed)

By:

(signature of general partner -- attach evidence of authority to sign)

Doing business as:

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An Individual

Name:

(typed or printed)

By:

(Individual’s Signature)

Doing business as:

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A Joint Venture

Joint Venturer Name:

(typed or printed)

By:

(signature of joint venture partner -- attach evidence of authority to sign)

Name:

Title:

Joint Venturer Name:

By:

(signature of joint venture partner -- attach evidence of authority to sign)

Name:

Title:

Contact for receipt of official communications

Name:

Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.

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ARTICLE 3: BID FORM

BASE BID NO. 1

Item No. Item Description

Est.

Quantity Unit Unit Price Ext. Amount

1 Mobilization/ Demobilization 1 LS 2 Demolition of Existing Pavement, Concrete (Sidewalks, C&G) 3,530 SY 3 Excavation, Embankment & Rough

Grading 6,760 SY 4 8" Compacted Flexible Base 3,420 SY 5 8" Compacted Subgrade 3,720 SY 6 8” Vehicular Concrete Pavement &

Flatwork 3,420 SY 7 4” Concrete Flatwork 530 SF 8 24” Curb & Gutter 50 LF 9 30” Curb & Gutter 140 LF 10 HMAC Pavement Repair 120 SY 11 Reflective Pavement Marking 590 SF 12 Saw Cut Pavement 220 LF 13 Soil Erosion & Sediment Control 1 LS 14 Furnish & Install Traffic Controls 1 LS

TOTAL BASE BID NO. 1

CALENDAR DAYS TO COMPLETE THE BASE BID NO. 1

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ALTERNATE BID NO. 1

Item No. Item Description

Est.

Quantity Unit Unit Price Ext. Amount

A1-1 Mobilization/ Demobilization 1 LS A1-2 Asphalt Milling 30 SY A1-3 Tack Coat Treatment 150 GAL A1-4 Hot Mix for Overlay Treatment 370 TON A1-5 Overlay HMAC Pavement Repair 50 SY A1-6 Reflective Pavement Marking 160 SF A1-7 Furnish & Install Traffic Controls 1 LS

TOTAL ALTERNATE BID NO. 1

CALENDAR DAYS TO COMPLETE THE ALTERNATE BID NO. 1

PROPOSAL SUBMITTED BY:

Signature: ______________________________________

Printed Name: ______________________________________

Title: ______________________________________

Date: _____________________________________

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ARTICLE 4: BIDDER’S ACKNOWLEDGMENTS

4.01 Bidder acknowledges the receipt of the following Addenda:

Addendum No. Signature Acknowledging Receipt

4.02 Bidder accepts all of the terms and conditions of the notice to bidders and Instructions to Bidders, including without limitation those dealing with the disposition of bid security. The Bid will remain subject to acceptance for 45 days after the bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

4.03 Bidder accepts that within fifteen (15) days after formal acceptance of this Proposal by a Notice of

Award of contract, the undersigned will execute the Contract Agreement and will furnish approved surety bonds and such other bonds as required by the Contract Documents for the faithful performance of the Contract. In the event the Contract Agreement and bonds are not executed within the time above set forth, the attached bid security in the amount of 5% of the total bid is to become the property of the Owner as liquidated damages for the delay and additional work caused thereby.

4.04 Bidder accepts the provisions of the Agreement as to liquidated damages in the amount of

$500.00 per day in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement.

ARTICLE 5: ATTACHMENTS TO THIS BID

5.01 The following documents are attached to and made a condition of this Bid:

A. Bid Form

B. Required Bid Security

C. Contractor Compliance to State Law Certificate

D. The following items will be provided within 5 days of bid opening, if requested:

1. Required Bidder Qualification (Section 00 45 13)

2. List of Proposed Subcontractors (Schedule D)

3. List of Proposed Suppliers (Schedule E)

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ARTICLE 6: CONTRACTOR COMPLIANCE TO STATE LAW

Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident Bidders. This law provides that:

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

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

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

Check the statement that is correct for Bidder.

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

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

[___] Our principal place of business or corporate offices are in the State of Texas.

Contractor Name:

By:

(signature -- attach evidence of authority to sign)

Name:

(typed or printed)

Title:

Business address:

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ARTICLE 7: BIDDER’S REPRESENTATIONS

7.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that:

A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the Addenda.

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and the furnishing of Goods and Special Services.

D. Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site which have been identified in the supplemental conditions.

E. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the prices bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.

F. Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

G. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents.

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

J. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement.

K. Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.

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ARTICLE 8: BASIS OF BID

8.01 Bidder will complete the Work in accordance with the Contract Documents for the prices shown in the attached Bid Form.

8.02 Extended amounts have been computed in accordance with Paragraph 11.03 of the General

Conditions

8.03 Bidder acknowledges that the estimated quantities are not guaranteed and final payment for all

Unit Price Bid items will be based on actual quantities provided, measured as provided in the Contract Documents

8.04 Unit Price and figures column will be used to compute the actual bid price.

ARTICLE 9: TIME OF COMPLETION

9.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with contract documents on or before the dates or within the number of calendar days indicated in the Agreement.

ARTICLE 10: VENUE

10.01 Bidder agrees that venue shall lie exclusively in Potter County, Texas for any legal action.

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SECTION 00 45 13 BIDDER QUALIFICATIONS STATEMENT

1.00 QUALIFICATIONS OF PROPOSER/BIDDER

1.01 INFORMATION SUPPLIED IS CONFIDENTIAL TO EXTENT PERMITTED BY LAWS AND

REGULATIONS. All questions must be answered and data given clear and comprehensive.

If necessary, questions may be answered on separate attached sheets. Proposer/Bidder may submit any additional information.

1.02 SUBMITTED BY:

Official Name of Firm: ____________________________________________

Address: ____________________________________________

1.03 AFFILIATED COMPANIES:

Name: ____________________________________________

1.04 CONTRACTOR’S CONTACT INFORMATION:

Contact Person: ____________________________________________

Title: ____________________________________________

Phone: ____________________________________________

Email: ____________________________________________

1.05 TYPE OF ORGANIZATION:

o SOLE PROPRIETORSHIP

Name of Owner: ____________________________________________

Doing Business As: ____________________________________________

Date of Organization: ____________________________________________ o PARTNERSHIP

Type of Partnership: ____________________________________________

Name of General Partner(s): ____________________________________________

00 45 13 - 2 o CORPORATION

State of Organization: ____________________________________________

Date of Organization: ____________________________________________

Executive Officers:

President: ____________________________________________

Vice President(s): ____________________________________________

Treasurer: ____________________________________________

Secretary: ____________________________________________ o LIMITED LIABILITY COMPANY

State of Organization: ____________________________________________

Members: ____________________________________________ o JOINT VENTURE

State of Organization: ____________________________________________

Form of Organizations: ____________________________________________

Joint Venture Managing Partner Name: ____________________________________________

Address: ____________________________________________

Joint Venture Managing Partner Name: ____________________________________________

Address: ____________________________________________

Joint Venture Managing Partner Name: ____________________________________________

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1.06 BONDING INFORMATION:

Bonding Company: ____________________________________________

Bonding Agent: ____________________________________________

Contact Name: ____________________________________________

Aggregate Bonding Capacity: ____________________________________________

Available Bonding Capacity as of date of this submittal:__________________________

1.07 FINANCIAL INFORMATION:

Financial Institution: ____________________________________________

Account Manager: ____________________________________________

Has Bidder ever reorganized under the protection of bankruptcy laws?

o YES o NO If YES, state when ____________________

1.08 CONSTRUCTION EXPERIENCE:

A. Current Experience: List on Schedule A, all uncompleted projects currently under contract. If Joint Venture, list each participant's projects separately.

B. Previous Experience: List on Schedule B, projects completed within the last five years.

If Joint Venture, list each participant's projects separately.

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C. Has firm listed in Section 1 ever failed to complete a construction contract awarded?

o YES

If YES, attach details including Project Owner's contact information.

D. Has any Corporate Officer, Partner, Joint Venture participant, or Proprietor ever failed to complete a construction contract awarded in their name or when acting as a principal of another entity?

o YES

E. Are there any judgments, claims, disputes, pending litigation, or outstanding litigation involving the firm listed in Section 1, any officers, or any partners (if partnership or any individual entities if a joint venture)?

o YES

1.09 EQUIPMENT:

A. List on Schedule C, all pieces of major equipment available for use on Owner's

Project.

I hereby certify information submitted herewith, including any attachments, is true to the best of my knowledge and belief.

Name of Organization: ____________________________________________

By: ____________________________________________

Title ____________________________________________

Dated: ____________________________________________

NOTARY ATTEST:

SUBSCRIBED AND SWORN TO BEFORE ME

THIS __________DAY OF _________, 20____

NOTARY PUBLIC - STATE OF ____________________

MY COMMISSION EXPIRES: ____________________

REQUIRED ATTACHMENTS

1. Schedule D (Subcontractors For This Project)

2. Schedule E (Suppliers For This Project)

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SCHEDULE D

LIST OF SUBCONTRACTORS FOR THIS PROJECT

SUBCONTRACTOR SERVICE CONTACT INFORMATION

00 45 13 - 6

SCHEDULE E

LIST OF SUPPLIERS FOR THIS PROJECT

SUPPLIER SERVICE CONTACT INFORMATION

00 52 00 - 1

CONTRACT AGREEMENT

STATE OF TEXAS §

COUNTY OF POTTER §

THIS AGREEMENT, made and entered into this day of A.D., 2026, by and between Potter County of the County of Potter and State of Texas, acting through County Commissioners Court thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and of the

City of , County of and State of , Party of the Second

Part, hereinafter termed CONTRACTOR.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows:

Arnot Road Paving Improvements & Hot Mix Pavement Overlay

Arnot Road from I-40 East Frontage Road to Approximately 2,350 feet South

Potter County, Texas and all extra work in connection therewith, under the terms as stated in the General Conditions of the

Agreement; and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the

Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the

Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the

Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the

Specifications thereof, as prepared by HI-PLAINS CIVIL ENGINEERS, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, all of which are made a part hereof and collectively evidence and constitute the entire contract.

The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in a written notice to commence work and to substantially complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and

Special Conditions.

00 52 00 - 2

The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the

Proposal, which forms a part of this Contract, such payments to be subject to the General and

Supplementary Conditions of the Contract.

No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing he intention of the stricken provision.

IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written.

ATTEST:

Potter County

Party of the First Part, OWNER

By

(SEAL)

ATTEST:

Party of the Second Part, CONTRACTOR

By

Contractor Signature/Title

(SEAL)

00 61 13 - 1

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That , of the

City of , County of , and State of , as

PRINCIPAL, and , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the , as OWNER, in the penal sum of

Dollars ($ ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents:

WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the

_______day of , 20 , for the construction of which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, the condition of this obligation is such, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect;

PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas

Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein.

PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in

Potter County, State of Texas.

00 61 13 - 2

Surety, for the value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder.

Surety, further agrees that the warranty work found by the Owner within the warranty period shall be included, if submitted to the surety within 9 months after expiration of the warranty period.

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 20 .

Principal Surety

By By

Title Title

Address Address

(SEAL) (SEAL)

The name and address of the Resident Agent of Surety is:

NOTE: Date of Bond must not be prior to date of Contract.

00 61 13 - 3

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: That , of the City of County of , and State of as PRINCIPAL, and , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the , as OWNER, in the penal sum of

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

WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 20 , for the construction of which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect;

PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein.

PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in

Potter County, State of Texas.

00 61 13 - 4

Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder.

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 20 .

Principal Surety

By By

Title Title

Address Address

(SEAL) (SEAL)

The name and address of the Resident Agent of Surety is:

Note: Date of Bond must not be prior to date of Contract.

EJCDC C-700 Standard General Conditions of the Construction Contract

Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

Prepared by

ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE

and

Issued and Published Jointly by

AMERICAN COUNCIL OF ENGINEERING COMPANIES

ASSOCIATED GENERAL CONTRACTORS OF AMERICA

AMERICAN SOCIETY OF CIVIL ENGINEERS

PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE

A Practice Division of the

NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS

Endorsed by

CONSTRUCTION SPECIFICATIONS INSTITUTE

Copyright © 2007 National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723 www.asce.org

Associated General Contractors of America

2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308

(703) 548-3118 www.agc.org

The copyright for this EJCDC document is owned jointly by the four

EJCDC sponsoring organizations and held in trust for their benefit by NSPE.

http://www.nspe.org/ http://www.acec.org/ http://www.asce.org/ http://www.agc.org/

Page i

STANDARD GENERAL CONDITIONS OF THE

CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1 – Definitions and Terminology

1.01 Defined Terms

1.02 Terminology

Article 2 – Preliminary Matters

2.01 Delivery of Bonds and Evidence of Insurance

2.02 Copies of Documents

2.03 Commencement of Contract Times; Notice to Proceed

2.04 Starting the Work

2.05 Before Starting Construction

2.06 Preconstruction Conference; Designation of Authorized Representatives

2.07 Initial Acceptance of Schedules

Article 3 – Contract Documents: Intent, Amending, Reuse

3.01 Intent

3.02 Reference Standards

3.03 Reporting and Resolving Discrepancies

3.04 Amending and Supplementing Contract Documents

3.05 Reuse of Documents

3.06 Electronic Data

Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental

Conditions; Reference Points

4.01 Availability of Lands

4.02 Subsurface and Physical Conditions

4.03 Differing Subsurface or Physical Conditions

4.04 Underground Facilities

4.05 Reference Points

4.06 Hazardous Environmental Condition at Site

Article 5 – Bonds and Insurance

5.01 Performance, Payment, and Other Bonds

5.02 Licensed Sureties and Insurers

5.03 Certificates of Insurance

5.04 Contractor’s Insurance

5.05 Owner’s Liability Insurance

5.06 Property Insurance

5.07 Waiver of Rights

5.08 Receipt and Application of Insurance Proceeds

5.09 Acceptance of Bonds and Insurance; Option to Replace

Page ii

5.10 Partial Utilization, Acknowledgment of Property Insurer

Article 6 – Contractor’s Responsibilities

6.01 Supervision and Superintendence

6.02 Labor; Working Hours

6.03 Services, Materials, and Equipment

6.04 Progress Schedule

6.05 Substitutes and “Or-Equals”

6.06 Concerning Subcontractors, Suppliers, and Others

6.07 Patent Fees and Royalties

6.08 Permits

6.09 Laws and Regulations

6.10 Taxes

6.11 Use of Site and Other Areas

6.12 Record Documents

6.13 Safety and Protection

6.14 Safety Representative

6.15 Hazard Communication Programs

6.16 Emergencies

6.17 Shop Drawings and Samples

6.18 Continuing the Work

6.19 Contractor’s General Warranty and Guarantee

6.20 Indemnification

6.21 Delegation of Professional Design Services

Article 7 – Other Work at the Site

7.01 Related Work at Site

7.02 Coordination

7.03 Legal Relationships

Article 8 – Owner’s Responsibilities

8.01 Communications to Contractor

8.02 Replacement of Engineer

8.03 Furnish Data

8.04 Pay When Due

8.05 Lands and Easements; Reports and Tests

8.06 Insurance

8.07 Change Orders

8.08 Inspections, Tests, and Approvals

8.09 Limitations on Owner’s Responsibilities

8.10 Undisclosed Hazardous Environmental Condition

8.11 Evidence of Financial Arrangements

8.12 Compliance with Safety Program

Article 9 – Engineer’s Status During Construction

9.01 Owner’s Representative

9.02 Visits to Site

9.03 Project Representative

Page iii

9.04 Authorized Variations in Work

9.05 Rejecting Defective Work

9.06 Shop Drawings, Change Orders and Payments

9.07 Determinations for Unit Price Work

9.08 Decisions on Requirements of Contract Documents and Acceptability of Work

9.09 Limitations on Engineer’s Authority and Responsibilities

9.10 Compliance with Safety Program

Article 10 – Changes in the Work; Claims

10.01 Authorized Changes in the Work

10.02 Unauthorized Changes in the Work

10.03 Execution of Change Orders

10.04 Notification to Surety

10.05 Claims

Article 11 – Cost of the Work; Allowances; Unit Price Work

11.01 Cost of the Work

11.02 Allowances

11.03 Unit Price Work

Article 12 – Change of Contract Price; Change of Contract Times

12.01 Change of Contract Price

12.02 Change of Contract Times

12.03 Delays

Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work

13.01 Notice of Defects

13.02 Access to Work

13.03 Tests and Inspections

13.04 Uncovering Work

13.05 Owner May Stop the Work

13.06 Correction or Removal of Defective Work

13.07 Correction Period

13.08 Acceptance of Defective Work

13.09 Owner May Correct Defective Work

Article 14 – Payments to Contractor and Completion

14.01 Schedule of Values

14.02 Progress Payments

14.03 Contractor’s Warranty of Title

14.04 Substantial Completion

14.05 Partial Utilization

14.06 Final Inspection

14.07 Final Payment

14.08 Final Completion Delayed

14.09 Waiver of Claims

Page iv

Article 15 – Suspension of Work and Termination

15.01 Owner May Suspend Work

15.02 Owner May Terminate for Cause

15.03 Owner May Terminate For Convenience

15.04 Contractor May Stop Work or Terminate

Article 16 – Dispute Resolution

16.01 Methods and Procedures

Article 17 – Miscellaneous

17.01 Giving Notice

17.02 Computation of Times

17.03 Cumulative Remedies

17.04 Survival of Obligations

17.05 Controlling Law

17.06 Headings

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Addenda - Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract

Documents.

2. Agreement - The written instrument which is evidence of the agreement between Owner and Contractor covering the Work.

3. Application for Payment - The form acceptable to Engineer which is to be used by

Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the

Contract Documents.

4. Asbestos - Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United

States Occupational Safety and Health Administration.

5. Bid - The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

6. Bidder - The individual or entity who submits a Bid directly to Owner.

7. Bidding Documents - The Bidding Requirements and the proposed Contract Documents

(including all Addenda).

8. Bidding Requirements - The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements.

9. Change Order - A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the

Agreement.

10. Claim - A demand or assertion by Owner or Contractor seeking an adjustment of

Contract Price or Contract Times, or both, or other relief with respect to the terms of the

Contract. A demand for money or services by a third party is not a Claim.

11. Contract - The entire and integrated written agreement between the Owner and

Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral.

12. Contract Documents - Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop

Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents.

13. Contract Price - The moneys payable by Owner to Contractor for completion of the

Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work).

14. Contract Times - The number of days or the dates stated in the Agreement to: (i) achieve

Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer’s written recommendation of final payment.

15. Contractor - The individual or entity with whom Owner has entered into the Agreement.

16. Cost of the Work - See Paragraph 11.01 for definition.

17. Drawings - That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by

Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined.

18. Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the

Agreement is signed and delivered by the last of the two parties to sign and deliver.

19. Engineer - The individual or entity named as such in the Agreement.

20. Field Order - A written order issued by Engineer which requires minor changes in the

Work but which does not involve a change in the Contract Price or the Contract Times.

21. General Requirements - Sections of Division 1 of the Specifications.

22. Hazardous Environmental Condition - The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto.

23. Hazardous Waste - The term Hazardous Waste shall have the meaning provided in

Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.

24. Laws and Regulations; Laws or Regulations - Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts…