CONTRACT DOCUMENTS

AND

TECHNICAL SPECIFICATIONS

FOR

CITY OF NEWTON

ON

GLO CDBG MITIGATION

INFRASTRUCTURE PROGRAM

PAVEMENT REPAIRS

GLO CONTRACT NO. 22-085-041-D289

NOVEMBER 2023

GLS No. 229107

1609 S CHESTNUT • SUITE 202 • LUFKIN, TEXAS • 75901

(936) 637-4900 • FAX (936) 637-6330 • nhoelscher@glstexas.com

TBPE FIRM REGISTRATION #413

229107 Page 1 of 2 TABLE OF CONTENTS

CITY OF NEWTON

PAVEMENT REPAIRS

GLO CDBG MITIGATION INFRASTRUCTURE PROGRAM

GLO CONTRACT NO. 22-082-008-D289

TABLE OF CONTENTS

No. Pages TITLE

1 ADVERTISEMENT AND INVITATION FOR BIDS

4 INSTRUCTIONS TO BIDDERS

1 BID FOR UNIT PRICE OR LUMP SUM CONTRACTS

1 BID SUMMARY

3 BID SCHEDULE

2 BID BOND

1 STATEMENT OF BIDDER’S QUALIFICATIONS

2 CONFLICT OF INTEREST QUESTIONNAIRE

1 SAMPLE ATTORNEY’S REVIEW CERTIFICATION

2 CONTRACT (GLO)

1 NOTICE OF AWARD

1 NOTICE TO PROCEED

2 PERFORMANCE AND PAYMENT BOND (OR BONDS) / BONDING

REQUIREMENTS

2 PERFORMANCE BOND

2 PAYMENT BOND

1 CERTIFICATE OF INSURANCE

30 GENERAL CONTRACT CONDITIONS FOR CONSTRUCTION

5 FEDERAL LABOR STANDARDS PROVISIONS (HUD-4010)

5 FEDERAL PREVAILING WAGE RATE DETERMINATION

4 GENERAL CONDITIONS – PART III

1 GENERAL SPECIFICATIONS – SCHEDULE OF DRAWINGS

1 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

2 CONTRACTOR’S CERTIFICATION CONCERNING LABOR STANDARDS AND

PREVAILING WAGE REQUIREMENTS

1 CONTRACTOR CERTIFICATIONS – CERTIFICATION OF CONTRACTOR

REGARDING CIVIL RIGHTS LAWS AND REGULATIONS

1 LOCAL SECTION 3 POLICY

1 SECTION 3 STATUS SUMMARY (2023 INCOME LIMITS) – EMPLOYER

CERTIFICATION FORM

25 FREQUENTLY ASKED QUESTIONS FOR SECTION 3

1 CERTIFICATION REGARDING LOBBYING

1 CHILD SUPPORT STATEMENT

229107 Page 2 of 2 TABLE OF CONTENTS

2 EQUAL OPPORTUNITY GUIDELINES FOR CONSTRUCTION CONTRACTORS

A1001

2 MINORITY/FEMALE GOALS AND TIMETABLES (ATTACHMENT 7-K)

1 CONTRACTOR’S CERTIFICATE OF RECOVERED MATERIAL

ACKNOWLEDGMENT

1 PROJECT SIGN

3 CONTRACT CHANGE ORDER

3 SPECIAL CONDITIONS

TECHNICAL SPECIFICATIONS

229107 ADVERTISEMENT AND INVITATION FOR BIDS

ADVERTISEMENT AND INVITATION FOR BIDS

The City of Newton will receive bids for the Pavement Repairs GLO CDBG Mitigation Infrastructure Project – GLO Contract No. 22-085-041-D289 until 11:00 AM on June 12, 2026 at the City of Newton City Hall located at 101 W. North St, Newton, Texas 75966. The bids will be publicly opened and read aloud at this time.

Bids are invited for several items and quantities of work as follows:

Base Bid: Approximately 1,600 Sq. Yards Asphalt Pavement Repairs

Bid/Contract Documents, including Drawings and Technical Specifications are on file and may be reviewed at GLS, 1609 S. Chestnut, Suite 202, Lufkin, Texas 75901 (936) 637-4900.

Bid/Contract Documents may be viewed and downloaded free of charge (with the option to purchase hard copies) at www.civcastusa.com.

A bid bond in the amount of 5% of the bid issued by an acceptable surety shall be submitted with each bid.

A certified check or bank draft payable to City of Newton or negotiable U.S. Government Bonds (as par value) may be submitted in lieu of the Bid Bond. Cash currency is not acceptable as bid surety and is not to be submitted in lieu of the Bid Bond.

Attention is called to the fact that not less than, the federally determined prevailing (Davis-Bacon and Related Acts) wage rate, as issued by the Granting Agency, Texas General Land Office (GLO) and contained in the contract documents, must be paid on this project. In addition, the successful bidder must ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex age or national origin.

Funding for this project is covered under Section 3 of the Housing and Urban Development Act of 1968. All eligible bidders must comply with Section 3 requirements in regards to meeting or exceeding the required objectives for both hiring and subcontracting. In accordance with these objectives, contractors are required to direct their newly created employment and/or subcontracting opportunities to Section 3 Residents and Business Concerns.

City of Newton reserves the right to reject any or all bids or to waive any informalities in the bidding.

Bids may be held by City of Newton for a period not to exceed 60 days from the date of the bid opening for the purpose of reviewing the bids and investigating the bidder’s qualifications prior to the contract award.

All Contractors/Subcontractors whose ‘System for Award Management’ (SAM.gov) registration is not active or that are debarred, suspended, or otherwise excluded from or ineligible for participation on federal assisted programs may not undertake any activity in part or in full under this project.

City of Newton is an Affirmative Action/Equal Opportunity Employer, Section 3 Residents, Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and labor surplus area firms are encouraged to submit bids.

City of Newton Donnie Meek, City Administrator May 27, 2026 (Locality) (Contracting Officer) (Date) http://www.civcastusa.com/

229107 1 INSTRUCTIONS TO BIDDERS

INSTRUCTION TO BIDDERS

FOR CONSTRUCTION

1. Use of Separate Bid Forms

These contract documents include a complete set of bid and contract forms which are for the convenience of the bidders and are not to be detached from the contract document, completed or executed. Separate bid forms are provided for your use.

2. Interpretations or Addenda

No oral interpretations will be made to any bidder. Each request for clarification shall be made in writing to the Grant Recipient or engineer no less than seven (7) days prior to the bid opening. Each interpretation made will be in the form of an Addendum to the contract documents and will be distributed to all parties holding contract documents no less than five

(5) days prior to the bid opening. It is, however, the bidder's responsibility to make inquiry as to any addenda issued. All such addenda shall become part of the contract documents and all bidders shall be bound by such addenda, whether or not received by the bidders.

3. Inspection of Site

Each bidder should visit the site of the proposed work and should become acquainted with the existing conditions and facilities, the difficulties and restrictions pertaining the performance of the contract. The bidder should thoroughly examine and become familiar with the drawings, technical specifications and all other contract documents. The contractor by the execution of the contract shall in no way be relieved of any obligation under it due to failure to receive or examine any form or legal document or to visit the site or the conditions there existing. The Owner will be justified in rejecting any claim based on lack of inspection of the site prior to the bid.

4. Alternate bid items

No alternate bids or bid items will be considered unless they are specifically requested by the technical specifications.

5. Bids

a. All bids must be submitted on the forms provided and are subject to all requirements of the Contract Documents, including the Drawings.

b. All bids must be regular in every respect and no interlineation, excisions or special conditions may be made or included by the bidder.

c. Bid documents, including the Bid Form, Bid Summary, Bid Schedule, Bid Bond, Certification of Efforts to Fully Comply with Section 3, and the Statement of Bidders' Qualifications shall be sealed in an envelope and clearly labeled with the words "Bid Documents", the project number, name of bidder and the date and time of bid opening.

d. The locality may consider as irregular any bid on which there is an alteration of or departure from the bid form and, at its option, may reject any irregular bid.

229107 2 INSTRUCTIONS TO BIDDERS

e. If a contract is awarded, it will be awarded to a responsible bidder on the basis of the lowest/best bid and the selected alternate bid items, if any. The contract will require the completion of the work in accordance with the contract documents.

6. Bid Modifications Prior to Bid Opening

a. Any bidder may modify its bid in writing at any time prior to the scheduled closing time for receipt of bids, provided such modification is received by the locality prior to the closing time. The modification should not reveal the bid price but should provide the addition, subtractions or other modifications so that the final prices or terms will not be known by the locality until the sealed bid is open.

b. Likewise, any bidder may modify a bid by submitting a supplemental bid in person prior to the scheduled closing time for receipt of bids. Such supplemental bid should mention only additions or subtractions to the original bid so as to not reveal the final prices or terms to the locality until the sealed bid is open.

7. Bid Bond

a. A bid bond in the amount of 5% of the bid issued by an acceptable surety shall be submitted with each bid. A certified check or bank draft payable to the locality or negotiable U.S. Government Bonds (as par value) may be submitted in lieu of the Bid Bond.

b. The bid bond or its comparable, will be returned to the bidder as soon as practical after the opening of the bids.

8. Statement of Bidders Qualifications

Each bidder shall submit on the form furnished for that purpose a statement of the bidder's qualifications. The Grant Recipient shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform his obligations under the contract, and the bidder shall furnish the Grant Recipient all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available data does not satisfy the Grant Recipient that the bidder is qualified to carry out properly the terms of the contract.

10. Unit Price

The unit price for each of the several items in the bid shall include its pro rata share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the total bid. Any bid not conforming to this requirement may be rejected as informal. Special attention is drawn to this condition, as the unit prices will be used to determine the amount of any change orders resulting from an increase or decrease in quantities.

11. Corrections:

Erasures or other corrections in the bid must be noted over the signature of the bidder.

12. Time for Receiving Bids

Bids received prior to the advertised hour of opening shall be kept securely sealed. The officer appointed to open the bids shall decide when the specified time has arrived and no

229107 3 INSTRUCTIONS TO BIDDERS

bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening, but before the reading of all other bids is completed, and it is shown to the satisfaction of the Grant Recipient that the late arrival of the bid was solely due to delay in the mail for which the bidder was not responsible, such bid will be received and considered.

13. Opening of Bids

The locality shall, at the time and place fixed for the opening of bids, open each bid and publicly read it aloud, irrespective of any irregularities therein. Bidders and other interested individuals may be present.

14. Withdrawal of Bids

Bidder may withdraw the bid before the time fixed for the opening of bids, by communicating his purpose in writing to the Grant Recipient. Upon receipt of such notice, the unopened bid will be returned to the bidder. The bid guaranty of any bidder withdrawing his bid will be returned promptly.

15. Award of Contract/Rejection of Bids

a. The contract will be awarded to the responsive, responsible Bidder submitting the lowest/best bid. The bidder selected will be notified at the earliest possible date. The locality reserves the right to reject any or all bids and to waive any informality in bids received where such rejection or waiver is in its interest.

b. The Grant Recipient reserves the right to consider as unqualified to do the work any bidder who does not habitually perform with his own forces the major portions of the work involved in construction of the improvements embraced in this contract.

16. Execution of Agreement/Performance and Payment Bonds

a. Performance and Payment Bonds, Requires all prime contractors which enter into a formal contract in excess of $25,000 with the State, any department, board, agency, municipality, county, school district or any division or subdivision thereof, to obtain a Payment Bond in the amount of the contract before commencing with work and a performance bond for public works contracts in excess of $100,000.

b. The failure of the successful bidder to execute the agreement and supply the required bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the locality may grant, shall constitute a default and the locality may, at its option either award the contract to the next lowest responsible bidder, or re-advertise for bids. In either case, the locality may charge against the bidder the difference between the amount of the bid, and the amount for which a contract is subsequently executed irrespective of whether this difference exceeds the amount of the bid bond. If a more favorable bid is received through re-advertisement, the defaulting bidder shall have no claim against the locality for a refund.

17. Wages and Salaries

Attention is particularly called to the requirement of paying not less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates

229107 4 INSTRUCTIONS TO BIDDERS

are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions.

18. Section 3

Attention is called to the Required Section 3 contracting and hiring objectives specified in the Contract Documents. These minimum objectives for hiring and contracting must be enforced. It is therefore the responsibility of the Bidder to inform themselves as to these requirements.

19. Equal Employment Opportunity

Attention is called to the requirements for ensuring that employees and applicants for employment are not discriminated against because of their race, color, creed, sex, or national origin.

20. Restrictions for Lobbying

No Federal or non-federal funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, grant, loan or cooperative agreement. The Contractor agrees to provide a “Certification Regarding Lobbying” and if applicable, a “Disclosure of Lobbying Activities” form regarding the use of any nonfederal funds for lobbying. The Contractor further agrees that he shall require each subcontractor he employs in the course of this work be subject to the Certificate and Disclosure provision of this part.

229107 1 BID FOR UNIT PRICE OR LUMP SUM CONTRACTS

BID FOR UNIT PRICE OR LUMP SUM CONTRACTS

Place City of Newton Date Project No. GLO No. 22-082-008-D289

Proposal of (hereinafter called Bidder) a corporation, organized and existing under the laws of the State of /a partnership/an individual doing business as

(cross out non-applicable references).

To CITY OF NEWTON (hereinafter called Owner).

Gentlemen:

The Bidder, in compliance with your invitation for bids for the construction of a Pavement Repairs GLO CDBG Mitigation Infrastructure Project, having examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct the project in accordance with the contract documents, within the time set forth therein, and at the prices stated below.

These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part.

Bidder hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within Thirty (30) consecutive calendar days (Bidder to Circle Applicable Package(s)) thereafter as stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $ 300.00 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions.

Bidder acknowledges receipt of the following addenda:

Bidder agrees to perform all the GLO CDBG Mitigation Infrastructure Project Water Distribution work described in the specifications and shown on the plans, for the prices as bid in the BID SCHEDULE/SECTION 00320.

(Amounts are to be shown in both words and figures. In case of discrepancy between words and figures, the amount shown in words will govern. In case of discrepancy between written amount and correct product of quantity and unit price, the correct product will govern. In case of discrepancy between the written sum and correct sum, the correct sum will govern)

The prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for.

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

The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 days after the scheduled closing time for receiving bids.

Upon receipt of written notice of the acceptance of this bid, Bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required under the GENERAL CONDITIONS. The bid security attached in the sum of ($ ) is to become the property of the Owner in the event the contract and bond are not executed with in the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby.

Respectfully submitted, By

(SEAL - if bid is by a corporation) Title Address

229107 00315-1 BID SUMMARY

SECTION 00315

BID SUMMARY

OWNER: City of Newton ENGINEER: Goodwin-Lasiter-Strong, Inc.

101 North St 1609 South Chestnut, Suite 202 Newton, Texas 75966 Lufkin, Texas 75901

(409) 379-5061 (936) 637-4900

PROJECT: Pavement Repairs

GLO CDBG Mitigation Infrastructure Project

BASE BID: TOTAL AMOUNT OF BASE BID (SUM OF ITEMS 1 THROUGH 5), IN WORDS

DOLLARS ($ )

BIDDER: SIGNED:

ADDRESS: BY:

TITLE:

DATE:

TELEPHONE

NO: ( ) - ATTEST:

229100 00320-1 BID SCHEDULE

SECTION 00320

BID SCHEDULE – BASE BID

City of Newton Pavement Repairs GLO CDBG Mitigation Infrastructure Project

BASE BID AWWA C900 PVC PAVEMENT REPAIRS

ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT

1. Mobilization & Set-up 1 LS

DOLLARS

2.

Saw-Cut Edges and Mill Existing Asphalt, and Subgrade Preparation, Complete in Place

1,612 SY

3.

MC-30 Asphaltic Prime Coat (0.15 Gal/SY), Complete in Place

1,612 SY

4.

2-Inch Hot Mix Asphaltic Concrete (Type “D”), Compacted, Complete in Place

1,612 SY

5. SWPPP and Dress-Up, Complete in Place

TOTAL AMOUNT OF BASE BID (SUM ITEMS 1 THROUGH 5), IN WORDS

DOLLARS ($ )

229100 1 BID BOND

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, as PRINCIPAL, and , as SURETY are held and firmly bound unto City of Newton hereinafter called the "Local Public Agency”, in the penal sum of

Dollars, ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the

Accompanying Bid, dated , for

NOW, THEREFORE, the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or, if no period be specified, within thirty (30) days after the said opening, and shall within the period specified therefor, or if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Local Public

Agency in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such

Contract and give such bond within the time specified, if the Principal shall pay the Local Public Agency the difference between the amount specified in said Bid and the amount for which the local Public

Agency may procure the required work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS THEREOF, the above parties have executed this instrument this day of

, the name and corporate seal of each corporate party being hereto affixed and these present signed by its undersigned representative, pursuant to authority of its governing body.

(SEAL)

(SEAL)

Attest: By:

Affix Corporate

Seal

229100 2 BID BOND

Affix

Countersigned

* Attorney-in-Fact, State of

CERTIFICATE AS TO CORPORATE PRINCIPAL

, , certify that I am the , , Secretary of the Corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal was then of said corporation;

that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed, and attested to, for and in behalf of said corporation by authority of this governing body.

Title:

*Power-of-attorney for person signing for surety company must be attached to bond.

STATEMENT OF BIDDER'S QUALIFICATIONS

All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information it desires.

Date: ________________________________

Bidder (Legal Name of Firm):

Date Organized:

Address :

Date Incorporated

Federal ID Number: ____________________________

Number of Years in contracting business under present name

List all other names under which your business has operated in the last 10 years:

Work Presently Under Contract:

Contract Amount $ Completion Date

Type of work performed by your company:

Total Staff employed by Firm (Break down by Managers and Trades on separate sheet):

Have you ever failed to complete any work awarded to you? Yes No (If yes, please attach summary of details on a separate sheet. Include brief explanation of cause and resolution)

Have you ever defaulted on a contract? Yes No (If yes, please attach summary of details on a separate sheet.)

Has your organization had any disbarments or suspensions that have been imposed in the past five years or that was still in effect during the five year period or is still in effect? Yes No

(If yes, list and explain; such list must include disbarments and suspensions of officers, principals, partners, members, and employees of your organization.)

List the projects most recently completed by your firm (include project of similar importance):

Project Amount $ Mo/Yr Completed

Major equipment available for this contract:

Are you in compliance with all applicable EEO requirements? Yes No (If no, please attach summary of details on a separate sheet.))

Bank References

Address: __________________________________ Contact Name: _______________

City & State: _____________________Zip: ____________________Phone Number: _______________

Credit available: $

Has the firm or predecessor firm been involved in a bankruptcy or reorganization? Yes No (If yes, please attach summary of details on a separate sheet.)

List on a sheet attached hereto all judgements, claims, arbitration proceedings, or suits pending or outstanding against bidder over the last five (5) years with amount of claim and brief description.

List on a sheet attached hereto all lawsuits or requested arbitration with regard to construction contracts which bidder has initiated within the last five (5) years and brief explanation of claim and outcome.

Attach resume(s) for the principal member(s) of your organization, including the officers as well as the proposed superintendent for the project.

Signed this ______ day of _______________________, 20____.

Signature

Printed Name and Title

Company Name

Notary Statement:

______________________________. being duly sworn, says that he/she is the _________Position/Title____________of________________________ (Firm Name), and hereby swears that the answers to the foregoing questions and all statements therein contained are true and correct. He/she hereby authorizes and requests any person, firm, or corporation to furnish any information requested City of _____________________ in verification of the recitals comprising this Statement of Bidder's Qualifications.

Subscribed and sworn before me this _________day of __________, 20____.

Notary Public

Signature

Printed Name

My Commission Expires: _______________, The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001.

229100 Page 1 STATEMENT OF

BIDDER’S QUALIFICATIONS

SAMPLE

ATTORNEY’S REVIEW CERTIFICATION

I, the undersigned, , and the duly authorized and acting legal representative of the, do hereby certify as follows:

I have examined the attached contract(s) and surety bonds and am of the opinion that each of the agreements may be duly executed by the proper parties, acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreement on behalf of the respective parties;

and that the agreements shall constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof.

Attorney’s Signature: Date:

Attorney’s

Printed Name:

578031

229100 Page 1 CONTRACT (ORCA)

CONTRACT (GLO)

THIS AGREEMENT MADE THIS _ _ day of , 2026, by and between _ , a corporation organized and existing under the laws of the State of Texas, hereinafter called the "Contractor", and the City of Newton, hereinafter called the "Local Public Agency".

WITNESSETH, that the Contractor and the Local Public Agency for the considerations stated herein mutually agree as follows:

ARTICLE 1. STATEMENT OF WORK

The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment and services, including utility and transportation services, and perform and complete all work required for the construction of the Improvements embraced in the Project; namely, City of Newton Pavement Repairs GLO CDBG Mitigation Infrastructure Project and required supplemental work for the City of Newton Pavement Repairs GLO CDBG Mitigation Infrastructure Project all in strict accordance with the Contract Documents including all addenda thereto, numbered , dated , all as prepared by GLS , acting and in these Contract documents preparation, referred to as the "Engineer".

ARTICLE 2. THE CONTRACT PRICE

The Local Public Agency will pay the Contractor for the performance of the Contract in current funds, for the total quantities of work performed at the unit prices stipulated in the Bid for the several respective items of work completed subject to additions and deductions as approved by the GLO (Grantor Agency) and the Local Public Agency, and as provided in Section 109 hereof.

ARTICLE 3. CONTRACT

The executed Contract documents shall consist of the following:

a) This Agreement f) General Conditions, Parts I and II

b) Addenda g) Special Conditions

c) Invitation for Bids h) Technical Specifications

d) Instructions to Bidders i) Drawings (as listed in the

e) Signed copy of Bid Schedule of Drawings)

This Agreement, together with other documents enumerated in this ARTICLE 3, which said other documents are fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provision in any component part of this Contract conflicts with any provision of any other component part, the provision of the component part first enumerated in this ARTICLE 3 shall govern, except as otherwise specifically stated.

*Strike out inapplicable terms

229100 Page 2 CONTRACT (ORCA)

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in Four (4) original copies on the day and year first above written.

By: Donnie Meek By:

Title: Administrator Title:

Signed: Signed:

City of Newton 101 W North St Newton, Texas 75966

Attested by:

Attested by:

Title: Title:

Signed: Signed:

CERTIFICATIONS

I, , certify that I am the of the corporation named as Contractor herein; that who signed this Agreement on behalf of the Contractor, was then of said corporation, that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

229100 00510-1 NOTICE OF AWARD

SECTION 00510

NOTICE OF AWARD

To: Date:

Project Description: City of Newton

Pavement Repairs

GLO Project No. 22-082-008-D289

The OWNER has considered the BID submitted by you for the above-described WORK in response to its Advertisement for Bids dated , and Information for Bidders.

You are hereby notified that your BID has been accepted for items in the amount of $ .

You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR'S Performance BOND, Payment BOND and certificate of insurance within ten (10) calendar days from the date of this Notice to you.

If you fail to execute said Agreement and to furnish said BONDS within ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.

Dated this day of , 2026 .

OWNER: City of Newton BY: Donnie Meek TITLE: Administrator

SIGNED:

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE OF AWARD is hereby acknowledged by , this the day of , 2026 .

BY: TITLE: President

229100 00520-- 1 - NOTICE TO PROCEED

SECTION 00520

NOTICE TO PROCEED

To: Date:

Project Description: City of Newton Pavement Repairs

GLO Project No. 22-082-008-D289

You are hereby notified to commence WORK in accordance with the Agreement dated , 2026 , on or before , 2026, and you are to complete the WORK within Thirty (30) consecutive calendar days thereafter.

The date of completion of all WORK is therefore , 2026 .

Executed Contract between the OWNER and CONTRACTOR is dated , 2026.

OWNER: City of Newton BY: Donnie Meek TITLE: City Administrator

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE TO PROCEED is hereby acknowledged by , this the day of , 2026 .

BY: TITLE:

PERFORMANCE AND PAYMENT BOND (OR BONDS)

Following the Contract cover sheets, insert the approved form of the statutory surety bond or bonds to ensure the performance of the Contract and payment of labor and materials. In addition to the corporation signatures of the surety company (ies) on the bond(s), each bond should be countersigned by the surety company’s attorney-in-fact, authorized to act within the State in which the Project is situated.

*NOTE: This Document is provided for sample purposes only. Contracts and agreements have important legal consequences. It is imperative that you consult with your City/County attorney concerning the proper drafting, completion, or modification of such documents.

PERFORMANCE AND PAYMENT BONDING REQUIREMENTS

a) A performance bond on the part of the contractor for 100 percent of the contract price. A performance bond is one executed in connection with a contract in excess of $100,000 to secure fulfillment of all the contractor’s obligations under the contract.

b) A payment bond on the part of the contractor for 100 percent of the contract price.

A payment bond is one executed in connection with a contract in excess of $25,000 to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

203058 00610-1 PERFORMANCE BOND

SECTION 00610

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS: That

(Name of Contractor)

(Address of Contractor) a (Corporation, Partnership, Individual), hereinafter called Principal, and

(Name of Surety)

(Address of Surety)

Hereinafter called Surety, and held and firmly bound unto

(Name of Owner)

(Address of Owner) hereinafter called OWNER in the total aggregate penal sum of

Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20 , a copy of which is hereto attached and made a part hereof for the construction of:

203058 00610-2 PERFORMANCE BOND

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all 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 Article 5160 of the Revised Civil Statutes of Texas 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.

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:

Address: Address:

Attest: Attest:

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

NOTE: DATE OF PERFORMANCE BOND MUST NOT BE PRIOR TO DATE OF CONTRACT.

203058 00620-1 PAYMENT BOND

SECTION 00620

PAYMENT BOND

KNOW ALL PERSONS BY THESE PRESENTS: That

(Name of Contractor)

(Address of Contractor) a (Corporation, Partnership, Individual), hereinafter called Principal, and

(Name of Surety)

(Address of Surety) hereinafter called Surety, and held and firmly bound unto

(Name of Owner)

(Address of Owner) hereinafter called OWNER, and unto all persons, firms and corporations who or which may furnish labor, or who furnish materials to perform as described under the contract and to their successors and assigns in the total aggregate penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL entered into a certain contract with the OWNER, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the construction of:

203058 00620-2 PAYMENT BOND

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 Article 5160 of the Revised Civil Statutes of Texas 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.

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:

Attest: Attest:

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

NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT.

229100 00650-1 CERTIFICATE OF INSURANCE

SECTION 00650

CERTIFICATE OF INSURANCE

To:

City of Newton

Date:

OWNER

Project No.: GLO 22-082-008-D289

101 North St

Type of Project: Pavement Repairs

Newton, Texas 75966

ADDRESS

THIS IS TO CERTIFY THAT

(Name and address of insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the types of Insurance and in accordance with the provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted on reverse side hereof.

TYPE OF INSURANCE

Policy No.

Effective

Expires

Limits of Liability

Workmen's Compensation

Public Liability

1 Person $ 1 Accident $

Contingent Liability

1 Person $ 1 Accident $

Property Damage

Builder's Risk

Automobile

Other

The foregoing Policies (do) (do not) cover all sub-contractors.

Locations Covered:

Descriptions of Operations Covered:

The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or cancelled by the insurer in less than five days after the insured has received written notice of such change or cancellation.

When applicable local laws or regulations require more than five days actual notice of change or cancellation to the assured, the above policies contain such special requirements, either in the body thereof or by appropriate endorsement thereto attached.

Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer will contact the owner prior to cancellation within no less than 10 business days (Name of Insurer)

Title

229107 1 GENERAL CONTRACT

CONDITIONS

GLO - GENERAL CONDITIONS FOR CONSTRUCTION - PART I

1. Contract and Contract Documents

(a) The project to be constructed pursuant to this contract will be financed with assistance from the Texas General Land Office (GLO) through the Community Development Block Grant-Disaster Recovery (CDBG-DR) fund and is subject to all applicable Federal and State laws and regulations.

(b) The Plans, Specifications and Addenda shall form part of this contract and the provisions thereof shall be binding upon the parties as if they were herein fully set forth.

2. Definitions

Whenever used in any of the Contract Documents, the following meanings shall be given to the terms here in defined:

(a) The term “Contract” means the contract executed between the _________________ hereinafter called the “City” and __________________ hereinafter called “Contractor” of which these GENERAL CONDITIONS, form a part.

(b) The term "Project Area" means the area within the specified Contract limits of the Improvements contemplated to be constructed in whole or in part under this contract.

(c) The term "Engineer" means , Engineer in charge, serving the City with architectural or engineering services, his successor, or any other person or persons, employed by the City for the purpose of directing or having in charge the work embraced in this Contract.

(d) The term "Contract Documents" means and shall include the following: Executed Contract, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed Copy of Bid, General Conditions, Special Conditions, Technical Specifications, and Drawings (as listed in the Schedule of Drawings).

3. Supervision By Contractor

(a) Except where the Contractor is an individual and personally supervises the work, the

Contractor shall provide a competent superintendent, satisfactory to the Engineer, on the work at all times during working hours with full authority to act as Contractor's agent. The Contractor shall also provide adequate staff for the proper coordination and expediting of his work.

(b) The Contractor shall be responsible for all work executed under the Contract.

Contractor shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from his failure to do so.

4. Subcontracts

(a) The Contractor shall not execute an agreement with any subcontractor or permit any subcontractor to perform any work included in this contract until Contractor has verified the subcontractor has been cleared (not suspended or debarred) to participate

229107 2 GENERAL CONTRACT

in federally funded contracts. It is the sole responsibility of the prime contractor to verify subcontractor eligibility based on factors such as past performance, proof of liability insurance, possession of a federal tax number, and state licensing requirements.

(b) No proposed subcontractor shall be disapproved by the City except for cause.

(c) The Contractor shall be fully responsible to the City for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them.

(d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work and required compliance by each subcontractor with the applicable provisions of the Contract.

(e) Nothing contained in the Contract shall create any contractual relation between any subcontractor and the City.

(f) Contractors are encouraged to subcontract with Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and labor surplus area firms.

1) The non-federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible;

2) Affirmative steps must include:

i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

ii. Assuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources;

iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises;

iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women's business enterprises. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and

v. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5).

5. Fitting and Coordination of Work

The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all trades, subcontractors, or material suppliers engaged upon this Contract.

6. Payments to Contractor

(a) Partial Payments

1) The Contractor shall prepare the requisition for partial payment as of the last day of the month and submit it, with the required number of copies, to the Engineer for approval. The amount of the payment due the Contractor shall be determined by adding to the total value of work completed to date, the value of materials properly stored on the site and deducting (1) Five Percent (5%) of the total amount, to be

229107 3 GENERAL CONTRACT

retained until final payment, and (2) the amount of all previous payments. The total value of work completed to date shall be based on the estimated quantities of work completed and on the unit prices contained in the agreement. The value of materials properly stored on the site shall be based upon the estimated quantities of such materials and the invoice prices. Copies of all invoices shall be available for inspection by the Engineer.

2) Monthly or partial payments made by the City to the Contractor are advanced for the purpose of assisting the contractor to expedite the work of construction. The Contractor shall be responsible for the care and protection of all materials and work upon which payments have been made until final acceptance of such work and materials by the City. Such payments shall not constitute a waiver of the right of the City to require the fulfillment of all terms of the Contract and the delivery of all improvements embraced in this Contract complete and satisfactory to the City in all details.

(b) Final Payment

1) After final inspection and the acceptance by the City of all work under the Contract, the Contractor shall prepare the requisition for final payment which shall be based upon the careful inspection of each item of work at the applicable unit prices stipulated in the Contract. The total amount of the final payment due the Contractor under this Contract shall be the amount computed as described above less all previous payments.

2) Before paying the final estimate, the City shall require the Contractor to furnish releases or receipts from all subcontractors having performed any work and all persons having supplied materials, equipment (installed on the Project) and services to the Contractor. The City may make payment in part or in full to the Contractor without requiring the furnishing of such releases or receipts and any payments made shall in no way impair the obligations of any surety or sureties furnished under this Contract.

3) Any amount due to the City under Liquidated Damages shall be deducted from the final payment due to the contractor.

(c) Payments Subject to Submission of Certificates

Each payment to the Contractor by the City shall be made subject to submission by the Contractor of all written certifications required of it and its subcontractors.

(d) Withholding Payments

The City may withhold any payment due to the Contractor as deemed necessary to protect the City, and if so elects, may also withhold any amounts due from the Contractor to any subcontractors or material dealers, for work performed or material furnished by them. The foregoing provisions shall be construed solely for the benefit of the City and will not require the City to determine or adjust any claims or disputes between the Contractor and its subcontractors or material dealers, or to withhold any moneys for their protection unless the City elects to do so. The failure or refusal of the City to withhold any money from the Contractor shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract.

7. Changes in the Work

(a) The City may make changes in the scope of work required to be performed by the

Contractor under the Contract without relieving or releasing the Contractor from any

229107 4 GENERAL CONTRACT

obligations under the Contract or any guarantee given pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided in writing otherwise.

(b) Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the City authorizing the Contractor to proceed with the change. No claim for an adjustment of the Contract Price will be valid unless so ordered.

(c) If applicable unit prices are contained in the Contract, the City may order the Contractor to proceed with desired unit prices specified in the Contract; provided that in case of a unit price contract the net value of all changes does not increase the original total amount of the agreement by more than twenty-five percent (25%) or decrease the original the total amount by more than twenty-five percent (25%) for municipalities and eighteen percent (18%) for counties without the written consent of the contractor. [Texas Local Government Code Section 252.048(d) and Section

262.031 (b)]

(d) Each change order shall include in its final form:

1) A detailed description of the change in the work.

2) The Contractor's proposal (if any) or a confirmed copy thereof.

3) A definite statement as to the resulting change in the contract price and/or time.

4) The statement that all work involved in the change shall be performed in accordance with contract requirements except as modified by the change order.

5) The procedures, as outlined in this Section for a unit price contract also apply in any lump sum contract.

8. Claims for Extra Cost

(a) If the Contractor claims that any instructions by Drawings or otherwise involve extra cost or extension of time, he shall, within ten days after the receipt of such instructions, and in any event before proceeding to execute the work, submit his protest thereto in writing to the City, stating clearly and in detail the basis of his objections. No such claim will be considered unless so made.

(b) Claims for additional compensation for extra work, due to alleged errors…