26-003 Public Works Parking Lot - Bid Documents.pdf

SPECIFICATIONS AND CONTRACT DOCUMENTS

CITY PROJECT NO. 26-003 for

WATAUGA PUBLIC WORKS PARKING LOT

PAVING AND DRAINAGE IMPROVEMENTS

OWNER

City of Watauga

7105 Whitley Rd.

Watauga, TX 76148

9900 Hillwood Parkway, Suite 130

Fort Worth, Texas 76177

(817) 306-1444 fax (817) 306-1555

TBPELS FIRM REGISTRATION NO. F-10834

Burgess & Niple Project Number PR62874

THE SEAL APPEARING ON THIS

DOCUMENT WAS AUTHORIZED BY

LYNDON X. CROUCH, P.E. 149793 ON 9/21/2026

TABLE OF CONTENTS

City Project No. 26-003 Watauga Public Works Parking Lot Table of Contents

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Section Title

00 01 10 Table of Contents

00 11 13 Invitation to Bid

00 19 13 Addenda to Contract

00 21 13 Instructions to Bidders

00 41 00 Bid Form

00 51 00 Notice of Award

00 52 00 Agreement

00 52 00.01 Governmental Contract and Purchasing Rider

00 56 00 Legal and Fiscal Officers

00 61 13.13 Performance Bond

00 61 13.16 Payment Bond

00 61 13.19 Maintenance Bond

00 62 16 Certificate of Insurance (Sample Form)

00 70 00 General Conditions

00 73 00 Supplementary Conditions

00 73 43 Davis-Bacon Wage Rates

01 11 01 Line Item Description of Proposed Work

01 33 00 Submittals

02 11 01 Geotechnical Engineering Study

30 00 00 Technical Site Civil

City Project No. 26-003 Watauga Public Works Parking Lot Invitation to Bid

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NOTICE

INVITATION TO BID

Sealed Bids for the construction of City Project 26-003 Watauga Public Works Parking Lot will be received in the City Finance Department located at City Hall, 7105 Whitley Road, Watauga, Texas 76148 until Wednesday, October 14, 2026 at 11:00 AM (local time) at which time they will be publicly opened and read aloud. Bids received after the closing date and time will not be considered.

City Project No. 26-003 Watauga Public Works Parking Lot Opening Date: Wednesday, October 14, 2026 at 11:00 AM (local time)

The work covered by the Contract Documents includes the following: Construction of Paving and Drainage Improvements in the City of Watauga, Texas, together with the necessary appertaining work.

Complete Contract Documents may be examined without charge or deposit from the engineer, Lyndon X.

Crouch, P.E. at Burgess & Niple, 9900 Hillwood Pkwy., Suite 130, Fort Worth, Texas 76177. The Contract Documents may be purchased at the same location for a non-refundable cost of $200.00. Make checks payable to “BURGESS & NIPLE”. Complete Contract Documents have also been provided to CivCast USA for immediate download. Please go to http://www.civcastusa.com/. The Project ID is “19463-62874”.

Prospective Bidders shall address written inquiries through the project’s CivCast website.

Attention to the Bidders is called to the Instructions to Bidders, which are included in the proposed Contract Documents.

A non-mandatory pre-bid conference will be held Tuesday, October 6, 2026 at 2:00 PM (local time) at City of Watauga Council Chambers, 7105 Whitley Road, Watauga, Texas 76148.

Questions pertaining to this bid will be received until Friday, October 9, 2026 at 5:00 PM (local time).

Successful Bidders shall be required to comply with all laws pertaining to minimum wage and discrimination of persons. Minimum rates of pay to all laborers and mechanics on the project must not be less than as provided in the Wage Rate Schedule, and wage provisions must particularly comply with all other applicable wage laws of the State of Texas.

The City reserves the right to reject any and all Bids or to increase or decrease or omit any item or items and/or award to the lowest responsive and responsible Bidder. The City of Watauga also reserves the right to waive any informalities or irregularities in the Bidding.

Published: Wednesday, September 23, 2026 Wednesday, September 30, 2026

I, Linda Proskey, City Secretary for the City of Watauga, Texas hereby certify that this notice of solicitation was posted on the above dates on the official bulletin board at City Hall, 7105 Whitley Road, Watauga, Texas 76148.

Linda Proskey, City Secretary

ADDENDA TO CONTRACT

City Project No. 26-003 Watauga Public Works Parking Lot Addenda To Contract

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All addenda that are posted for this project shall be filed behind this cover sheet and acknowledged on

Section 00 41 00, "Bid Form," and Section 00 52 00, "Agreement."

INSTRUCTIONS TO BIDDERS

City Project No. 26-003 Watauga Public Works Parking Lot Instructions to Bidders

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I-1. DEFINED TERMS

Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (EJCDC C-700, Copyright © 2007) have the meanings assigned to them in the General Conditions. The term "Bidder" means one that submits a bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the

Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract

Documents (including all Addenda issued prior to receipt of Bids).

When a word, term or phrase is used in these Contract Documents, it shall be interpreted or construed, first, as defined herein; second, if not defined, per its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, per its common and customary usage. The words "include", "includes", or "including", as used in this Contract, shall be deemed to be followed by the phrase, "without limitation".

I-2. COPIES OF BIDDING DOCUMENTS

2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the advertisement or invitation to bid may be obtained from the Issuing Office.

2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor

Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.3 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

I-3. QUALIFICATIONS OF BIDDERS

To demonstrate qualifications to perform Work, each Bidder must be prepared to submit within five

(5) days of Owner's request written evidence, such as financial data, previous experience, present commitments and other such data as may be called for below (or in the Supplementary Instructions).

Each Bid must contain evidence of Bidder's qualification to do business in the jurisdiction where the

Project is located or covenant to obtain such qualification prior to award of the contract.

I-4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

4.1 It is the responsibility of each Bidder before submitting a Bid to (a) examine the Contract

Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and

Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. The City makes no representation

Burgess & Niple PR62874 00 21 13 – Page 2 of 19 or warranty of any nature whatsoever to the Bidder or Contractor concerning site conditions, legal requirements or such documents.

4.2 Reference is made to the Supplementary Conditions for identification of:

4.2.1 Those reports of explorations and tests of subsurface conditions at the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of technical data contained in such reports but not upon nontechnical data, interpretations or opinions contained therein or for the completeness thereof for the purposes of bidding or construction.

4.2.2 Those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction.

4.2.3 Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in Paragraphs 4.2.1 and 4.2.2 are incorporated therein by reference. Such technical data has been identified and established in the

Supplementary Conditions.

4.3 Information and data reflected in the Contract Documents with respect to Underground

Facilities at or contiguous to the site is based upon information and data furnished to Owner and

Engineer by owners of such Underground Facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions.

4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective

Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.2 and 4.3 of the General Conditions.

4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground

Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract

Documents.

4.6 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations.

4.7 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the

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Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by

Owner unless otherwise provided in the Contract Documents.

4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that

Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

I-5. INTERPRETATIONS AND ADDENDA

5.1 All questions about the meaning or intent of the Contract Documents are to be directed to the

Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda electronically, mailed, or delivered to all parties recorded by

Engineer as having received the Bidding Documents.

5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by

Owner or Engineer.

5.3 Questions pertaining to this Bid will be received until the date and time stated in the

Advertisement or Invitation to Bid. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect, non-authoritative and non-binding.

I-6. CONTRACT TIME

The time for Substantial Completion is shown in the Bid Form.

I-7. LIQUIDATED DAMAGES

Provisions for liquidated damages, if any, are set forth in the Agreement.

I-8. SUBSTITUTE OR "OR-EQUAL" ITEMS

The Contract, if awarded, will be on the basis of materials and equipment described in the

Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in Paragraphs 6.7.1, 6.7.2 and 6.7.3 of the

General Conditions and may be supplemented in the General Requirements.

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I-9. SUBCONTRACTORS, SUPPLIERS AND OTHERS

9.1 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection.

I-10. BID FORM

10.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office).

10.2 All blanks on the Bid Form must be completed electronically and printed.

10.3 Bids by corporations must be executed in the corporate name and signed by a partner or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

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

10.5 All names must be typed or printed below the signature.

10.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

10.7 The address and telephone number for communications regarding the Bid must be shown.

I-11. SUBMISSION OF BIDS

Bids are to be submitted to the City of Watauga City Hall, Finance Department, 7105 Whitley

Road, Watauga, Texas 76148 by the date and time stated in the advertisement or invitation to bid and shall be enclosed in an opaque sealed envelope, marked with the Project number and Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it.

I-12. MODIFICATION AND WITHDRAWAL OF BIDS

12.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the 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.

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I-13. OPENING OF BIDS

Bids will be opened as indicated in the Advertisement to Bid. An abstract of the amounts of the base

Bids and major alternates (if any) will be made available to Bidders after the opening of Bids.

I-14. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

All bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, but

Owner may, in its sole discretion, release any Bid prior to that date.

I-15. AWARD OF CONTRACT

15.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive, or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner.

Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

15.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the

Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

15.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of

Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the

Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of

Award.

15.4 Owner may conduct such investigations as deemed necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed

Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

15.5 If the contract is to be awarded, it will be awarded to the lowest responsive and responsible

Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project and the City.

15.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within sixty (60) days after the day of the Bid opening.

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I-16. SIGNING OF AGREEMENT

When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract

Documents attached. Within fifteen (15) days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement. Within ten (10) days thereafter Owner shall deliver one (1) fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification.

I-17. BID SECURITY

A bid security is required.

Each Contractor submitting a Bid shall accompany his Bid with either a certified or cashier’s check payable to the City of Watauga, upon a national or state bank, or a Bid Bond from a reliable surety company authorized to do business in the State of Texas, in an amount of not less than five (5) percent of the total amount bid, payable without recourse to the City of Watauga, as a guarantee that the selected Bidder will comply with the terms set forth in the Bid and as stated in the Invitation to

Bid and in the Supplementary Conditions.

The bid security of the successful Bidder will be retained until the Bidder has executed the

Agreement and furnished the required Contract Security, whereupon checks furnished as bid security will be returned; if the Bidder fails to execute and deliver the Agreement and furnish the required

Contract Security within ten (10) days of the Notice of Award, Owner may annul the Notice of

Award and the bid security of that Bidder will be forfeited. The bid security of any Bidder whom

Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the seventh (7th) day after the executed Agreement is delivered by Owner to Contractor and the required Contract Security is furnished but not to exceed sixty (60) days after the Bid opening.

Checks furnished as bid security by other Bidders will be returned within sixty (60) days of the Bid opening.

I-18. STANDARD TERMS AND CONDITIONS

18.1 The City of Watauga requires that the following standard terms and conditions pertain to this project. These may only be superseded, in whole or in part, by the General Instructions and

Information, Scope of Work, or data contained herein.

18.2 Agreement: This Bid, when properly accepted by the City, shall constitute a contract equally binding between the successful Bidder and the City.

18.3 Contract Administration: Under this contract, the City of Watauga may appoint a Contract

Administrator with designated responsibility to insure compliance with contract requirements. This includes, but is not limited to, acceptance, inspection, actual performance testing, and delivery.

Actual performance testing shall be accomplished with the assistance and resources of the vendor.

The Contract Administrator shall serve as liaison between the using department and the successful

Bidder. Finance shall be kept informed of any adverse situations relating to the award of this Bid.

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18.4 Alternate Award: The City of Watauga reserves the right to award a Bidder as an “alternate award”. The alternate Bidder’s Bid shall remain in effect for the term of the awarded contract.

Should the primary Bidder become unable or unwilling to complete the contract term; the alternate

Bidder will be notified in writing of their official contract and start date. All terms and conditions of the original Bid will remain in effect.

18.5 Identical Bids: In the event of two or more identical low Bids, the contract shall be awarded as prescribed by Texas Local Government Code Chapter 271, subchapter Z, Section 271.901.

18.6 Pricing: Price(s) bid must be held firm for sixty (60) days to allow for evaluation and approval unless otherwise noted in the bid documents.

18.7 Payment: Will be made upon receipt of goods/completion of services and acceptance by the City and receipt of valid invoice. All payment terms shall be net 30 and shall be made on approved invoices in accordance with the Texas Prompt Payment Act.

18.8 Delivery or Contract Completion Date: Bidder shall follow the delivery or contract completion date as shown on Bid Response Form. If the successful Bidder accepts the City’s order, but does not deliver in the specified time, thereby causing penalties, fees or other actual expenses to the City, the City reserves the right to pass along these expenses to Bidder. Consistent failure to meet delivery promises without valid reason may be cause for removal from the Bidder’s list. When delivery delays can be foreseen, the Bidder shall give prior notice to Purchasing which shall have the right to extend the delivery due date if reasons for delay appear acceptable. Default in promised delivery, without acceptable reasons, or failure to meet specifications, authorizes the City to purchase the goods elsewhere, and charge any increase in cost and handling to the defaulting Bidder.

18.9 Correspondence: The Project Number and Project title must appear on all correspondence, inquiries, etc., pertaining to the Bid.

18.10 Funding: The City of Watauga is a home-rule, municipal, government operated and funded on October 1st to September 30th fiscal year; accordingly, the City reserves the right to terminate, without liability to the City, any contract for which funding is not available.

18.11 Assignment: The successful Bidder shall not assign, sell, transfer, or convey this contract in whole or in part, without the prior written consent of the City of Watauga. Such consent shall not relieve the assignor of liability in the event of default by the assignee.

18.12 Liens: The successful Bidder agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods, and services which may be provided under the City’s request, by seller or seller’s vendor(s). Upon request, a proper release for all liens, or satisfactory evidence of freedom from liens, shall be delivered to the City.

18.13 Audit: The City of Watauga reserves the right to audit the records, as it pertains to this Bid, and performance of the successful Bidder during the term of the contract and for three (3) years after the contract is completed.

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18.14 Insurance: The City of Watauga requires Bidder(s) to carry the minimum insurance as required by state law and these specifications.

18.15 Protest:

18.15.1 All protests regarding the Bid solicitation process must be submitted in writing to the City Finance Department within five (5) working days following the opening of Bids. This includes all protests relating to advertising of bid notices, deadlines, bid opening, and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the bidding process.

18.15.2 This limitation does not include protests relating to staff recommendations as to award of this Bid. Protests relating to staff recommendations may be directed to the City

Council by contacting the City Secretary.

18.15.3 Failure to protest within the time allotted shall constitute a waiver of any protest.

18.16 Late Bids: Bids will not be accepted after the date and time indicated. The City of Watauga is not responsible for the lateness of mail, carrier, courier, or any other form of delivery service chosen by the bidder.

18.17 Altering Bids: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before submission deadline, must be initialed by the signer of the Bid, guaranteeing authenticity.

18.18 Presentation of Bids: No oral, telegraphic, telephonic, or facsimile Bids will be considered unless otherwise noted.

18.19 Modifications and Amendments: The City shall have the right to modify this order subject to adjustment(s) in the price in accordance with the applicable provisions of the purchase order, if any, or pursuant to mutual agreements. No agreement or understanding to modify this order shall be binding on the City unless it is in writing and signed by the authorized representative of the City.

18.20 Exceptions, Substitutions and Deviations: Bidders taking exception to the specifications indicated herein must be clearly stated on attached sheets. The absence of such exceptions shall indicate that Bidder has not taken exceptions and items offered are in strict compliance with the specifications and successful Bidder(s) will be held responsible thereof. The City reserves the right to accept any and/or all of the exception(s), substitution(s), or deviation(s) as deemed to be in the best interest of the City. Bidders will not be allowed to make unauthorized substitutions after award is made.

18.21 Bidder Shall: Defend, indemnify, and save harmless the City, and all its officers, agents, and employees from all suits, actions, or other claims of any character, name, and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property because of any negligent act or fault of the bidder, or of any agent, employee, subcontractor, or supplier in the execution of, or performance under, any contract which may result from proposed

Burgess & Niple PR62874 00 21 13 – Page 9 of 19 award. Bidder indemnifies and will indemnify and save harmless the City from liability, claim, or demand on their part, agents, servants, customers, and/or employees whether such liability, claim, or demand arise from event or casualty happening or within the occupied premises themselves or happening upon or in any of the halls, elevators, entrances, stairways, or approaches of or to the facilities within which the occupied premises are located. Bidder shall pay any judgment with costs that may be obtained against the City growing out of such injury or damages.

18.22 Compliance with Laws: Bidder shall give all notices and comply with all federal, state, and local laws, ordinances, rules and regulations, and lawful orders of any public authority bearing on the performance of the services. This agreement and the rights and obligations of the parties hereto shall be interpreted, construed and enforces in accordance with the laws of the State of Texas. The

Bidder warrants and covenants to the City that all services will be performed in compliance with all applicable federal, state, county, and city health and safety codes, rules and ordinances including, but not limited to, the Texas Industrial Safety and Health Act, and the Workers Right to Know Law.

18.23 Historically Underutilized Businesses (HUB): HUB businesses are strongly encouraged to participate in all purchasing activities of the City. While this is an important goal of the City, it may not necessarily be a determining factor in the award criteria, except where required by state or city laws, ordinances, statutes, etc. If an HUB goal has been established for the Bid, the applicable documents must be submitted within five business days after the Bid opening date, exclusive of the

Bid opening date.

18.24 Payment, Performance, and Maintenance Bonds: When Payment, Performance, and/or

Maintenance Bonds are required, the Bidder must provide the bonds, in the amounts and on the conditions required, within fourteen (14) business days after notification of award, or as otherwise required by the specifications.

18.25 Wages: Bidder shall comply with all applicable provisions of the Federal Fair Labor

Standards Act (FLSA), and shall indemnify, defend, and hold harmless the City, its officers, employees, and agents from any and all liability, including but not limited to, wages, overtime pay, Social Security, unemployment, Federal Income Withholding Taxes, liquidated damages, penalties, court costs, and attorney’s fees arising under any wage and hour law, including but not limited to, FLSA, for work performed by bidder employees for which the City may be found jointly or solely liable. In the event of a Public Works project, the City and the contract are also governed by the

Davis-Bacon prevailing wage rate. The Contractor shall pay not less than the minimum wage rates established thereby for each class, craft or type of labor, workman, or mechanic employed in the execution of this Contract. The failure of the Contractor to comply with this requirement shall result in the forfeiture to the City of a sum of not less than Sixty Dollars ($60.00) for each person per day, or portion thereof, that such person is paid less than the prevailing rate. Upon request by the City, Contractor shall make available for inspection and copying its books and records, including but not limited to its payroll records, account information and other documents as may be required by the

City to ensure compliance with this provision.

18.26 Termination of Contract: This contract shall remain in effect until contract expires, delivery and acceptance of products and/or performance of services ordered. The contract may also be terminated by either party with thirty (30) days written notice prior to any cancellation. The City

Burgess & Niple PR62874 00 21 13 – Page 10 of 19 reserves the right to award the canceled contract to next lowest Bidder or the Alternate Bidder as it deems to be in the best interest of the City.

18.27 Termination for Default:

18.27.1 The City of Watauga reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract. The City reserves the right to terminate the contract immediately in the event the successful Bidder fails to do any of the following:

➢ Meet schedules

➢ Make payment of any fees

➢ Perform in accordance with these specifications

➢ Keep equipment functional

18.27.2 In the event the successful Bidder shall fail to perform, keep, or observe any of the terms and conditions, the City shall give the Bidder written notice of such default. If said default is not remedied to the satisfaction and approval of the City within ten (10) working days of receipt of such notice by Bidder, default shall be declared, and all the

Bidder’s rights shall terminate. The Bidder, in submitting this Bid, agrees that the City shall not be liable to persecution for damages in the event that the City declares the Bidder in default.

18.28 Termination for Convenience: This contract may be cancelled or terminated at any time by giving vendor thirty (30) days written notice. Bidder may be entitled to payment for services actually performed; to the extent said services are satisfactory.

18.29 Termination for Insolvency: The City may terminate this contract forthwith if any of the following occur:

➢ Insolvency of Bidder: Bidder shall be deemed to be insolvent if it has ceased to pay its debts for at least sixty (60) days in the ordinary course of business, whether or not a petition has been filed under the Federal Bankruptcy Code and whether or not is insolvent within the meaning of such laws.

➢ The filing of a voluntary or involuntary petition regarding Bidder under the Federal

Bankruptcy Code

➢ The appointment of a receiver or trustee for Bidder

➢ The execution by Bidder of a general assignment for the benefit of creditor

18.30 Termination Without Cause: The City shall have the right to terminate the contract, in whole or in part, without cause any time upon thirty (30) days prior written notice. Upon receipt of a notice of termination, the Bidder shall promptly cease placing orders and all further work pursuant to the contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Bidder, to the extent funds are appropriated or otherwise legally available for such purposes, for all goods delivered and services performed, and obligations incurred prior to the date of termination in accordance with the terms hereof.

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18.31 Waiver: No waiver by either party of any breach or any provision of this contract shall constitute a waiver of any other breach or of such provision. Failure of either party to enforce at any time, or from time to time, any provision of this contract shall not be construed as a waiver thereof.

18.32 Severability: If any provision of the contract or the applicable thereof to any person or circumstances is held invalid, the remainder of this contract and the application of such provision to other persons or circumstances shall not be affected.

18.33 Testing: The City of Watauga reserves the right to test equipment, supplies, material, and goods for quality, compliance with specifications, and ability to meet the needs of the user.

Demonstration units must be available for review upon request. Should the goods or services fail to meet requirements and/or be unavailable for evaluation, the bid is subject to rejection.

18.34 Remedies: The successful Bidder and the City of Watauga agree that each party have all rights, duties, and remedies available under Texas law.

18.35 Venue: This contract will be governed and construed according to the laws of the State of

Texas. This contract is performable in the City of Watauga, Tarrant County, Texas.

18.36 Silence of Specifications: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial products and practices are to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the specifications in this bid shall be made on the basis of this statement. The items furnished under this contract shall be new, unused, of the latest product in production to commercial trade, and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these shall be experienced in design and construction of such items and shall be an established supplier of the item bid.

18.37 No Bids: If Bidder does not wish to bid at this time but wishes to remain on the bid list for this product/service, please submit a “no bid’ form by the same time and at the same location as stated for bidding. If response is not received in the form of a “bid” or “no bid” for three consecutive requests, vendor shall be removed from the bid list. If however, you choose to “no bid” this product and/or service and wish to remain on bid list for other commodities and/or services, please state particular product and/or service under which you wish to be classified. The City of Watauga is very conscious and extremely appreciative of the time and effort you have expended to submit a bid. We would appreciate you indicating on your “no bid” response any requirements of this bid request, which may have influenced your decision to “no bid”.

18.38 F.O.B. / Damage: Bids shall be F.O.B. inside delivery and shall include all delivery and packaging costs. The City of Watauga assumes no liability for goods delivered in damaged or unacceptable condition. The successful Bidder shall handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification of damage by the City.

18.39 Destination Charges: All products offered shall be F.O.B. City of Watauga. All applicable freight and delivery charges (if applicable) shall be a separate line item and included in the total bid price.

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18.40 Packaging: Unless otherwise indicated, items will be new, unused, and in first class condition in containers suitable for damage-free delivery and storage. The cost of all special packaging, box crating, or cartage shall be included in the pricing specified on the response unless otherwise specifically stated in the City’s request. All packaging, crating, or other debris resulting from delivery or set-up of the commodity purchased shall be removed and properly disposed of by the successful Bidder.

18.41 Bid Openings

18.41.1 All Bids submitted will be read or acknowledged at the City’s regularly scheduled opening for the designated project. However, the reading of a Bid at Bid Opening should not be construed as a comment on the responsiveness of such Bid or as any indication that the City accepts such Bid as responsive.

18.41.2 The City will make a determination as to the responsiveness of Bids submitted based upon compliance with all applicable laws, City of Watauga purchasing guidelines, and project documents, including but not limited to, the project specifications and contract documents. The City will notify the successful Bidder upon award of the contract and, according to state law all Bids received will be available for inspection at that time.

18.42 Terms: The terms and conditions of the Bid will be considered when evaluating for award.

The City will compute and consider prompt payment discounts, if any, offered by a Bidder in determining the low Bid.

18.43 Pre-Printed Terms and Conditions / Bidders Contract Documents: Bidders pre-printed terms and conditions or restrictions commonly appearing or attached with the Bid and/or Bidder’s specification material and contract documents will be disregarded in the absence of a noticeable written statement from Bidder that all or a particular portion of such writing are in addition to or supersede the City terms and conditions. Even with a written statement from Bidder, City’s terms and conditions will prevail.

18.44 Right of Inspection: City shall have the right to inspect the goods upon delivery before accepting them. Bidder shall be responsible for all charges for the return to Bidder of any goods rejected as being nonconforming under the specifications.

18.45 Products: Supplied under this contract shall be subject to the City’s approval. Product(s) found defective or not meeting specifications shall be picked up and replaced by the Bidder within ten (10) working days at no expense to the City. If product is not picked up within twenty (20) working days after notification, the item shall become a donation to the City of Watauga for disposition.

18.46 Warranty: Guarantees and warranties shall be attached as a part of the Bid as they shall be a consideration in awarding the contract. The successful Bidder shall warrant that all products/services shall conform to the proposed specifications and/or all warranties as stated in the

Uniform Commercial Code and be free from all defects in material, workmanship, and title. If any of the work in accordance with this Bid is found to not be in accordance with the requirements of the documents, the Bidder shall correct such work promptly after receipt of written notice from the

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City, Architect, Engineer, or other entity as the Bid documents may provide. This obligation shall survive acceptance of the work under the contract and termination of this contract. If supplier fails within a reasonable time after written notice, to correct defective work, to remove and replace rejected work, or supplier fails to comply with any provision in the contract document, either the

City or its designee may, after ten (10) days written notice to Bidder, correct and remedy any such deficiency and bill said Bidder for actual expenses incurred.

18.47 Manufacturer’s Standard Warranty: Will be required in writing with delivery of product and shall be assigned to Owner upon delivery. If this Bid involves the lease or purchase of machinery and equipment that may be subject to future recalls, the supplier agrees to notify the City of any such recall.

18.48 Design, Strength, and Quality: Of materials must conform to the highest standards of manufacturing practice.

18.49 Purchase Order: The City of Watauga shall generate a purchase order to the successful

Bidder. The purchase order number must appear on all itemized packing slips and invoices. The

City will not be responsible for any orders placed and/or delivered without a valid purchase order.

18.50 Packing Slips: Or other suitable documents shall accompany the commodity(s) and shall show:

➢ Name and billing address of company

➢ Name and address of receiving department and/or delivery location

➢ City of Watauga purchase order number

➢ Descriptive information as to the item(s) delivered, including product code, item number, quantity, number of units, etc.

18.51 Change Orders: No statement of any person shall modify or otherwise change, or effect the terms, conditions, or specifications stated in the resulting contract. Any amendment, modification or change to the resulting contract shall be by change order, approved and signed by both parties. All change orders to the contract will be made by the City of Watauga in writing. The

Watauga Finance Department shall be informed at all times of any change orders.

18.52 Title and Risk of Loss: The title and risk of loss of goods shall not pass to the City of

Watauga until the City actually receives and takes possession of the goods at the point(s) of delivery, after inspection and the acceptance of goods.

18.53 Conflict of Interest: No public official shall have interest in this contract, in accordance with the Texas Local Government Code Subtitle C, Chapter 171. Bidders will be required to submit a Conflict of Interest Questionnaire, stating that no officer or employee of the City has, or will have;

during the said term of this contract any prohibited interest as defined. The Bidder understands that any existence of a prohibited interest at any time during the term of contract will render the contract voidable.

18.54 Disclosure of Interest: Pursuant to Chapter 176 of the Texas Local Government Code, a person, or agent of a person, who contracts or seeks to contract for the sale or purchase of property, goods, or services with the City of Watauga must file a completed Conflict of Interest Questionnaire

Burgess & Niple PR62874 00 21 13 – Page 14 of 19 which is included in this solicitation or available at www.ethics.state.tx.us The Conflict of Interest

Questionnaire must be filed with the City of Watauga no later than the seventh (7th) business day after the person or agent begins contract discussions or negotiations with the City or submits to the

City an application, response to a Request for Proposal or Invitation to Bid, correspondence, or writing related to a potential agreement. An updated Conflict of Interest Questionnaire must be filed in accordance with Chapter 176 of the Local Government Code. An offense under Chapter 176 is a

Class C misdemeanor.

18.55 Certificate of Interested Parties:

18.55.1 In 2015 the Texas Legislature adopted House Bill 1295, which added section

2252.908 of the Government Code and applies to all contracts entered into on or after January

1, 2016. The law states that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity. The law applies to all contracts/purchases of a governmental entity that require action or vote by the governing body of the entity.

18.55.2 With regards to the City of Watauga, a Bidder that is awarded a contract or purchase that is greater than $50,000 is required to electronically create a Form 1295 through the Texas Ethics Commission website (https://www.ethics.state.tx.us) and submit a signed declaration copy of the form to the City. A contract, including City-issued purchase order, will not be enforceable or legally binding until the City receives and acknowledges receipt of the properly completed Form 1295 from the vendor.

18.56 Prohibition of Boycott of Israel:

18.56.1 House Bill 89, effective September 1, 2017, amended the Texas Government

Code to add Chapter 2270, Prohibition on contracts with companies boycotting Israel.

Effective September 1, 2017, a state agency and a political subdivision (which includes a city) may not enter a contract with a company for goods or services unless the contract contains a written verification from the company that (a) it does not boycott Israel, and (b) will not boycott Israel during the term of the contract.

18.56.2 “Boycott Israel” is defined to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business with Israel or in an Israel-controlled territory, but does not include an action made for ordinary business purposes.

18.56.3 “Company” is defined to mean a for-profit sole proprietorship, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit.

http://www.ethics.state.tx.us/ https://www.ethics.state.tx.us/

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18.57 Senate Bill 252:

18.57.1 Senate Bill 252, effective September 1, 2017, prohibits governmental contracts with a company doing business with Iran, Sudan, or a foreign terrorist organization.

Senate Bill 252 amended the Texas Government Code to add Chapter 2252, Prohibition on contracts with certain companies. This Bill prohibits state agencies from contracting with or investing in companies that do business with Iran or designated foreign terrorist organizations.

18.57.2 “Foreign terrorist organization” means an organization designated as a foreign terrorist organization by the United States Secretary of State as authorized by 8

U.S.C. Section 1189.

18.57.3 “Government contracts” means a contract awarded by a governmental entity for general construction, an improvement, a service, or a public works project or for a purchase of supplies, materials, or equipment. The term includes a contract to obtain a professional or consulting service subject to Chapter 2254.

18.58 Energy Boycott: In accordance with Chapter 2274, Texas Government Code (Acts 2021, 87th Leg., S.B. 13), the City may not enter into a contract with a company, excluding a sole proprietorship, with 10 or more full-time employees for goods or services valued at $100,000 or more unless the contract contains a written verification from the company that the company: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The signatory executing the Contract on behalf of Vendor verifies Vendor does not boycott energy companies and will not boycott energy companies during the term of the Contract.

The foregoing verification is made solely to comply with Section 2274.002, Texas Government

Code, and does not apply if the City determines the requirements of Subsection 2274.002(b) are inconsistent with the City’s constitutional or statutory duties related to the issuance, incurrence or management of debt obligations or the deposit, custody, management, borrowing or investment of funds.

18.59 Firearms: In accordance with Chapter 2274, Texas Government Code (Acts 2021, 87th

Leg., S.B. 19) the City may not enter into a contract with a company, excluding a sole proprietorship, with 10 or more full-time employees for goods or services valued at $100,000 or more unless the contract contains a…