4-PMD2026-0201 Holly Fuel Facility - updated 9-29-26 rev4.pdf

Instruction to Offerors Holly Fuel Facility

THE CITY OF FORT WORTH, TEXAS

Holly Fueling Facility

CITY PROJECT NO.

104085

MATTIE PARKER JESUS “JAY” CHAPA

MAYOR CITY MANAGER

Marilyn Marvin Director, Property Management Department

Christopher Harder

Director, Water Department

Architect - Quorum Fuel Consultant – Diamond Z Engineering

September 29, 2026

NOTICE

Competitive Sealed Proposals (“Proposals”) for the H o l l y F u e l Facility located at: 1500 11th Ave, Fort Worth, Texas, 76102, will be received thru the Bonfire, Website https://fortworthtexas.bonfirehub.com/login until 2:00 P.M on Thursday , November 5th 2026, and will be opened and publicly read aloud immediately thereafter at Fort Worth City 100 Fort Worth Trail, Fort Worth, Texas 76102.

A Pre-Proposal Conference will be held at 2:00 PM to 3:30 PM on Wednesday October 7th, 2026 at Holly Water Plant 1500 11th Ave. Enter at back gate off W Broadway Ave.

The last day for questions from prospective Proposers is at 5:00 PM on Thursday, October 15th, 2026.

After evaluating the Proposals submitted, the City shall select the Proposer that offers the best value to the City and enter into negotiations with that firm.

Proposals shall be valid for ONE HUNDRED TWENTY (120) calendar days. Estimated Construction cost is approximately $2,773,122.00. There no Alternates for this project.

Proposals shall include a 7.5% Owner’s Contingency Allowance based on Proposer’s costs proposal on a separate line item on the Proposal form. This Allowance is not to be included in the Base Proposal but will be included in the contract amount at the appropriate time. Only the Owner may use of this allowance during construction. Any Allowance remaining at the end of construction will be retained by the City of Fort Worth.

Refer to the evaluation matrix for the selection of the Best Value Proposer in the Instructions.

A Small Business Utilization goal of 30%

Proposers must submit a bid bond with their proposal. Prior to an award of contract, Proposer will be required to provide Payment and Performance Bonds and provide Contractors General Liability insurance and Statutory Workers Compensation Coverage.

If you intend to submit a Proposal and attend the Pre-Proposal Conference, it is requested you inform the Capital Project Manager via bonfire.

The construction documents (download only) may be viewed on-line and self-printed by cutting and pasting the following link into your browser: https://fortworthtexas.bonfirehub.com/login.

https://fortworthtexas.bonfirehub.com/login

TABLE OF CONTENTS

PROJECT COVER PAGE

NOTICE

TABLE OF CONTENTS

INSTRUCTIONS

PROPOSAL FORM EXAMPLE LETTER

SMALL BUSINESS UTILIZATION FORM

CONFLICT OF INTEREST AFFIDAVIT

CONFLICT OF INTEREST QUESTIONAIRE (CIQ)

CONFLICT DISCLOSURE STATEMENT (CIS)

TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE

2026 PREVAILING WAGE RATES

FTW 2026 WEATHER TABLE

GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION (Separate Attachment)

CONSTRUCTION CONTRACT

PAYMENT BOND

PERFORMANCE BOND

CERTIFICATE OF INSURANCE (COI)

CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW

PROJECT SIGN

ADDENDA (If Applicable)

INSTRUCTIONS

1. PROPOSAL REQUIREMENTS: The following requirements shall be used in the preparation of the response to this Request for Competitive Sealed Proposals (RFP):

a. Use the Proposal Form Example Letter provided below.

b. Entries on the Proposal Form may be handwritten or typed.

c. Write in contract duration if not specified. Attach a Critical Path Method Schedule.

Acceptable schedule software is Microsoft Project, Oracle P6/7, Trimble Unity Construct.

d. Acknowledge all addenda on the Proposal Form.

e. Have a Principal sign the Proposal. If the Proposer is a corporation, the president or a vice-president must sign the Proposal. If the Proposer is a partnership, then the person/entity who is the managing/general partner must sign the proposal.

f. Complete and submit the Conflict of Interest Affidavit form. (Also submit associated Form CIQ and Form CIS if required.)

g. Include cashier’s check or an acceptable bidder’s bond written by a corporate surety payable to the City of Fort Worth, in an amount of not less than five (5%) per cent of the total of the bid submitted.

In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law.

Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein.

h. Contractors Qualification Statement (AIA Form A305), including client references

i. List of current projects & past projects built within the last 5 years

j. Proposed Subcontractors and Suppliers

k. Detailed Project Schedule.

l. Schedule of Values (Breakout by CSI Divisions). This schedule of values to separated out by division labor, materials, equipment, general conditions, general requirements, overhead and profit and contingencies. The schedule will be uploaded to City of Fort Worth Trimble Unity Construct Site. All construction management activities such as schedule, contractor payment and submittal review will be done in Trimble Unity Construct.

m. Proof of insurability and bonding capability

1A. SELECTION OF CONTRACTOR:

The City shall select the Proposer that offers the best value based upon the following criteria and on its ranking evaluation. Points awarded in an “up to” format; the maximum is shown.

In determining the Best Value the City will consider: Proposed Price (50 points) – The lowest priced responsive Proposal will receive 50 points for this rating criterion. Higher priced proposals will receive proportionally lower scores. When compared to the lowest price, the higher priced proposal will have its score reduced by one percent of the available points for every percent it is higher than the lowest price. The score will be rounded to the nearest whole number.

1. References/Experience (25 points) - References and experience of the Proposer as demonstrated by listing past and current similar size and type projects including references with names and current telephone numbers and list of subcontractors as applicable.

Please include the number of changes if any, whether or not the project was completed on time, and what was the finish value compared to the starting contract value. Please provide resumes of proposed superintendent, project manager for this project. Any changes to the proposed are subject to review and approval by the City.

2. Proposed project schedule (20 points) – Proposals should include a detailed schedule as described in the aforementioned sections showing the amount of time necessary to complete the project, critical path, major phases of the work, and major impacts on the project. This is to demonstrate an understanding of the project, the challenges, and the most efficient justifiable time. The most efficient and innovative schedule demonstrating the most complete understanding of the project will receive 20 points. All others will be graded accordingly.

3. Past Work in the City of Fort Worth (5 Points) – Points shall be awarded for experience working on similar projects within the city limits of City of Fort Worth. Contractors with no experience will receive 3 points. Contractors demonstrating strong favorable experience will receive 4 or more points. Contractors with poor experience will receive less than 3 points.

4. If the score for any individual rating criteria is rated as zero, this will result in the overall score being zero regardless of how many points could have been earned in the other categories.

5. Compliance with SBE goals statement. Participation and ordinance is Responsive or Non-Responsive.

After ranking the responses to the Request for Proposal (RFP), the City shall first attempt to negotiate a contract with the selected Proposer. The City and its engineer may discuss with the selected Proposer options for a scope or time modification and any price change associated with the modification.

If the City is unable to negotiate a contract with the selected Proposer, the City shall, formally and in writing, end negotiations with that Proposer and proceed to the next Proposer in the order of the selection ranking until a contract is reached or all proposals are rejected.

2. NOT APPLICABLE - BUSINESS EQUITY PROVISIONS

3. PROPOSAL SECURITY: Cashier’s check or an acceptable bid bond payable to the City of Fort Worth, in an amount of five (5) per cent of the Proposal submitted (See paragraph 1 above). The Proposal Security must accompany the Proposal and is subject to forfeit in the event the successful Proposer fails to execute the contract documents within ten (10) days from the date the contract is provided to Proposer after it has been awarded. The surety must be licensed to do business in the state of Texas. . Failure to submit the Proposal Security with the Proposal may result in the Proposal not being considered for this project. Non-selected Proposer's bonds will be returned within 90 days after award of the contract.

4. PAYMENT BOND AND PERFORMANCE BOND: If the contract is in excess of $25,000, a

Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work.

If the contract amount is in excess of $100,000, a Performance Bond shall also be provided, in the amount of the contract, conditioned on the faithful performance of the work in accordance with the plans, specification, and contract documents. Said bond shall be solely for the protection of the City of Fort Worth. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Texas Government Code Section 2253, as amended.

5. PRE-PROPOSAL SITE INVESTIGATION: Prior to filing a response, the Proposer may examine the site(s) of the work and the details of the requirements set out in these specifications to satisfy itself as to the conditions which will be encountered relating to the character, quality, and quantity of the work to be performed and materials and equipment required. The filing of a response by the Proposer shall be considered acknowledgement by Proposer that it has complied with or waived any objections regarding this section. Contractor is responsible for verifying all field conditions

6. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal.

7. WAGE RATES: Not less than the prevailing wage rates set forth in the Contract Documents must be paid on this project.

8. PROPOSED SUBCONTRACTORS: Acceptance of the Proposal in no way requires the City to accept the qualifications of the subcontractors. The Subcontractor lists are for use by the City in preparing recommendations for award of the contract. The Contractor must provide and use subcontractors listed unless the City agrees to allow a substitute.

9. DISCREPANCIES AND ADDENDA:

Should a Proposer find any discrepancies in the drawings and specifications, or should it be in doubt as to their meaning, it shall notify the Cit’s Architect at once. If required, the City will prepare a written addendum that will be available to all Proposers at the place designated for distribution of the Request for Proposal Documents by the Notice. The Proposer is responsible for determining if addenda are available and for securing copies prior to submitting a response to this RFP. Oral instructions or decisions unless confirmed by written addenda will not be considered valid, legal or binding. No extras will be authorized because of failure of the contractor to include work called for in the addenda.

Proposer must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the Proposal to be ruled non-responsive. It is the Contractor's responsibility to obtain Addenda and include its information in the Proposal.

10. INSURANCE: Proposers will be required to demonstrate that insurance coverage in the amounts and types indicated in the attachment, below, is or will be in effect at time of Award of Contract.

Unless stated otherwise in the Proposal or RFP, the Contractor shall procure, pay for and maintain at all times during the term of the Contract, Builder's Risk Insurance against the perils of fire, lightning, windstorm, hurricane, hail, riot, explosion, civic commotion, smoke, aircraft, land vehicles, vandalism, and malicious mischief, at a limit equal to 100% of the Contract Sum.

11. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to

State sales taxes under Texas Tax Code Chapter 151.

12. PERMITS: Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be required for each work location.

13. UTILITIES AND IMPACT FEES: The City will pay water and sewer utilities tap fees and impact fees. Unless shown otherwise, the City will coordinate and pay for water and sewer taps and meters to the property line. The Contractor will include all remaining fees, for example: from the electrical and gas companies, in the Base Proposal. The Contractor will be responsible for coordinating with City and utility companies for installation of utilities. The Contractor will be responsible for all fees for electrical, gas, and other utilities within the property line of the project.

Unless indicated otherwise on the plans, the contractor will be responsible for costs and installations from the building side of the water meter and sewer tap.

14. BID DOCUMENTS: Hard copies of relevant documents may be downloaded and printed by the

Proposer.

15. MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are descriptive, not restrictive. Use of brands of like nature and quality will be considered. Upon request of the architect or contractor, the contractor will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as “no substitute accepted”, the City will accept no alternates to the specified equipment. Also, refer to specification’s product requirements.

16. TESTING SERVICES: The City shall provide for, independently of the contractor, inspection services, testing of construction materials, and other verification testing services necessary for the acceptance of the construction work.

17. PROJECT SCHEDULE: The Contractor shall submit a Project Schedule that, at a minimum, includes the following, as applicable:

a) The schedule shall be prepared using Microsoft Project, Oracle Primavera P6, or Trimble Unity Construct, labeled “Baseline Schedule,” and formatted to be legible when printed on 11" × 17" paper.

b) The schedule shall identify activity durations, predecessor and successor relationships, total float, and a continuous critical path, clearly identified in red.

c) The schedule shall include submittal preparation, review and approval periods; procurement and delivery of long-lead items; required inspections; and major Project milestones.

d) The schedule shall include, as applicable: permitting; Notice to Proceed; mobilization; SWPPP implementation; demolition; grading and site work; utilities; underslab utilities; foundations, including structural piers and slabs; structural steel erection; MEP rough-in; building dry-in; finish-out activities; testing and inspections; commissioning; punch list; Substantial Completion; Final Completion; and closeout.

e) Activities exceeding two (2) weeks in duration shall be further broken down by building section, area, floor, phase, or cardinal direction, as applicable, to clearly demonstrate the sequence and progress of the Work.

f) Schedule activities shall correspond with and align to the Contractor’s Schedule of Values. Cost-loaded schedules are highly encouraged.

g) The Baseline Schedule shall account for anticipated adverse weather. Allowable weather days shall be incorporated into the schedule as monthly weather allowances or float in accordance with the attached City of Fort Worth Weather Schedule.

18. STATE FORM 1295 “CERTIFICATE OF INTERESTED PARTIES”: Texas Ethics Commission regulations require that the business entity must fill out the Form 1295 on an electronic filing application on the Texas Ethics Commission website (www.ethics.state.tx.us). The business entity that wishes to enter into the contract must supply the completed and signed Form 1295 to the City.

19. Any oral communications are considered unofficial and non-binding with regard to this proposal. All questions are to be submitted via bonfire prior to October 15th 2026.

20. The City reserves the right to reject any or all Proposals, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Proposals and to reject the Proposal of any Proposer if City believes that it would not be in the best interest of the Project to make an award to that Proposer. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Proposer.

21. Safety. Provide OSHA Total Recordable Incident Rate (TRIR) and Lost Time Incident Rate (LTIR) or Experience Modification Rate (EMR) for the past 3 years. Provide any references to OSHA VPP Star, or Merit recognition received.

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

PROPOSAL FORM EXAMPLE LETTER

T0: CAPITAL PROJECT MANAGER: Mr. Robert Bauge

VIA: PROPERTY MANAGEMENT

100 FORT WORTH TRAIL

FORT WORTH, TEXAS 76102

FOR: Holly Fuel Facility located as follows: 1500 11th Sreet

Fort Worth, Texas 76102 City Project # 104085

Pursuant to the foregoing "Instructions," the undersigned has examined the plans, specifications and the site, understands the nature and amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment and materials necessary to fully complete all the work within the time shown, subject to inspection by and approval of the City of Fort Worth, as provided herein below.

DESCRIPTION OF ITEMS

$ Base Proposal

Calendar Days

$ Owner’s Contingency Allowance (7.5%) added to Base Proposal (This Allowance amount is not included in the Base Proposal but is added to the Base Proposal. Only the Owner will approve the use of this Allowance during construction. Any Allowance remaining at the end of construction will be retained by the City of Fort Worth).

$ Base Proposal Plus Owner’s Contingency Allowance

ALTERNATES – There is no alternates .

UNIT PRICES – There is no unit pricing.

The undersigned agrees to complete the Work within the calendar days specified above after the date of Notice to Proceed. A Project Schedule will be submitted as required in the Instructions.

Upon authorization of execution of a contract based on this Proposal, the undersigned acknowledges that it is bound to execute a contract for performing and completing the Work within the time stated. The provided deposit check in the sum of Dollars ($ ) or Bidder's Bond is to become the property of the City of Fort Worth, Texas and shall be forfeited in the event the contract, including required surety bonds, are not executed within the time set forth in the Instructions as liquidated damages for delay and additional work caused thereby.

The undersigned acknowledges that the City reserves the right to accept or reject any and all proposed subcontractors or suppliers or any combination thereof proposed for the above work.

The undersigned acknowledges that does not discriminate as same is defined and prohibited as found in

City Code Chapter 17, Article III, as amended.

Instruction to Offerors Page 11 of 39 Expansion of RTCC Facility (April 2026)

Residency of Proposers: Texas law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State of Texas) that bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet specifications.

The failure of out of state or non-resident bidders to complete the forms may disqualify that bidder.

Resident bidders must check the box in Section B.

A. |_| Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law.

|_| Non-resident vendors in (give state), are not required to underbid resident bidders.

B. |_| Our principal place of business or corporate offices are in the State of Texas.

SMALL BUSINESS UTILIZATION (SBU) (For Proposals in excess of $100,000.00)

I am aware that I must submit information concerning the Small Business Utilization Plan with the submittal of this Proposal in order to be considered RESPONSIVE. I will commit to the City’s Small Business Utilization goals for this project.

Respectfully submitted, Company Name

By:

Signature

Printed Name of Principal Title

Address:

Street

City Zip

Phone:

Email:

Receipt is acknowledged of the following addenda:

Addendum No. 1: Addendum No. 2:

Addendum No. 3: Addendum No. 4:

Addendum No. 5: Addendum No. 6:

Instruction to Offerors Page 12 of 39

SMALL BUSINESS UTILIZATION FORM

Instruction to Offerors Page 13 of 39

Instruction to Offerors Page 14 of 39

Instruction to Offerors Page 15 of 39

Instruction to Offerors Page 16 of 39

CONFLICT OF INTEREST AFFIDAVIT

Each bidder, Proposer, or respondent (hereinafter also referred to as “you”) to a City of Fort Worth (also referred to as “City”) procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may be downloaded from the website links provided below.

http://www.ethics.state.tx.us/forms/CIQ.pdf http://www.ethics.state.tx.us/forms/CIS.pdf

CIQ Form is on file with City Secretary

CIQ Form is being provided to the City Secretary

CIS Form is on File with City Secretary

CIS Form is being provided to the City Secretary

BIDDER:

___________________________________________ By:

Company (Please Print)

Signature:

Address

Title:

City/State/Zip (Please Print) http://www.ethics.state.tx.us/forms/CIQ.pdf http://www.ethics.state.tx.us/forms/CIS.pdf

Instruction to Offerors Page 17 of 39

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

OFFICE USE ONLY

Date Received

1 Name of vendor who has a business relationship with local governmental entity.

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more.

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature of vendor doing business with the governmental entity Date

Instruction to Offerors Page 18 of 39

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed;

or

(ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)

(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or

(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the vendor becomes aware:

(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a);

(B) that the vendor has given one or more gifts described by Subsection (a); or

(C) of a family relationship with a local government officer.

http://www.statutes.legis.state.tx.us/

Instruction to Offerors Page 19 of 39 Expansion of RTCC Facility (April 2026) Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015

LOCAL GOVERNMENT OFFICER FORM CIS

CONFLICTS DISCLOSURE STATEMENT

(Instructions for completing and filing this form are provided on the next page.)

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This is the notice to the appropriate local governmental entity that the following local government officer has become aware of facts that require the officer to file this statement in accordance with Chapter 176, Local Government Code.

OFFICE USE ONLY

Date Received

1 Name of Local Government Officer

2 Office Held

3 Name of vendor described by Sections 176.001(7) and 176.003(a), Local Government Code

4 Description of the nature and extent of each employment or other business relationship and each family relationship with vendor named in item 3.

5 List gifts accepted by the local government officer and any family member, if aggregate value of the gifts accepted from vendor named in item 3 exceeds $100 during the 12-month period described by Section 176.003(a)(2)(B).

Date Gift Accepted Description of Gift

Date Gift Accepted Description of Gift

Date Gift Accepted Description of Gift

(attach additional forms as necessary)

6 AFFIDAVIT

I swear under penalty of perjury that the above statement is true and correct. I acknowledge that the disclosure applies to each family member (as defined by Section 176.001(2), Local Government Code) of this local government officer. I also acknowledge that this statement covers the 12-month period described by Section 176.003(a)(2)(B), Local Government Code.

Signature of Local Government Officer

AFFIX NOTARY STAMP / SEAL ABOVE

Sworn to and subscribed before me, by the said , this the day of , 20 , to certify which, witness my hand and seal of office.

Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath

Instruction to Offerors Page 20 of 39

LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT

Section 176.003 of the Local Government Code requires certain local government officers to file this form. A "local government officer" is defined as a member of the governing body of a local governmental entity; a director, superintendent, administrator, president, or other person designated as the executive officer of a local governmental entity; or an agent of a local governmental entity who exercises discretion in the planning, recommending, selecting, or contracting of a vendor. This form is required to be filed with the records administrator of the local governmental entity not later than 5 p.m. on the seventh business day after the date on which the officer becomes aware of the facts that require the filing of this statement.

A local government officer commits an offense if the officer knowingly violates Section 176.003, Local Government Code. An offense under this section is a misdemeanor.

Refer to chapter 176 of the Local Government Code for detailed information regarding the requirement to file this form.

INSTRUCTIONS FOR COMPLETING THIS FORM

The following numbers correspond to the numbered boxes on the other side.

1. Name of Local Government Officer. Enter the name of the local government officer filing this statement.

2. Office Held. Enter the name of the office held by the local government officer filing this statement.

3. Name of vendor described by Sections 176.001(7) and 176.003(a), Local Government Code.

Enter the name of the vendor described by Section 176.001(7), Local Government Code, if the vendor: a) has an employment or other business relationship with the local government officer or a family member of the officer as described by Section 176.003(a)(2)(A), Local Government Code; b) has given to the local government officer or a family member of the officer one or more gifts as described by Section 176.003(a)(2)(B), Local Government Code; or c) has a family relationship with the local government officer as defined by Section 176.001(2-a), Local Government Code.

4. Description of the nature and extent of each employment or other business relationship and each family relationship with vendor named in item 3. Describe the nature and extent of the employment or other business relationship the vendor has with the local government officer or a family member of the officer as described by Section 176.003(a)(2)(A), Local Government Code, and each family relationship the vendor has with the local government officer as defined by Section 176.001(2-a), Local Government Code.

5. List gifts accepted, if the aggregate value of the gifts accepted from vendor named in item 3 exceeds $100. List gifts accepted during the 12-month period (described by Section 176.003(a)(2)(B), Local Government Code) by the local government officer or family member of the officer from the vendor named in item 3 that in the aggregate exceed $100 in value.

6. Affidavit. Signature of local government officer.

Local Government Code § 176.001(2-a): “Family relationship” means a relationship between a person and another person within the third degree by consanguinity or the second degree by affinity, as those terms are defined by Subchapter B, Chapter 573, Government Code.

Local Government Code § 176.003(a)(2)(A):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor.

September 2026

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2026 PREVAILING WAGE RATES

(Vertical Construction Projects)

CLASSIFICATION DESCRIPTION

Wage Rate

(Rates+Fringes) ASBESTOS WORKER/HEAT & FROST INSULATOR (Duct, Pipe and Mechanical System Insulation) $40.75

BOILERMAKER $ 58.09

BRICKLAYER $20.66

CARPENTER (Excludes Drywall Hanging, Form Work, and Metal Stud Installation) $17.29

CEMENT MASON/CONCRETE FINISHER $13.44

DRYWALL FINISHER/TAPER $ 20.18

DRYWALL HANGER AND METAL STUD INSTALLER $19.61

ELECTRICIAN (Alarm Installation Only) $18.38 ELECTRICIAN (Excludes Low Voltage Wiring and Installation of Alarms/Sound and Communication Systems) $24.57 ELECTRICIAN (Low Voltage Wiring Only) $17.03 ELECTRICIAN (Sound and Communication Systems Only) $20.20

ELEVATOR MECHANIC $90.37

FORM WORKER $12.35

GLAZIER $19.57

HVAC MECHANIC (HVAC Unit Installation Only) $ 29.49

INSTALLER – SIDING (METAL/ALUMINUM/VINYL) $15.77

IRONWORKER (ORNAMENTAL AND STRUCTURAL) $ 38.07

IRONWORKER, REINFORCING $12.19

LABORER: Common or General $ 11.30 LABORER: Landscape and Irrigation $10.00 LABORER: Mason Tender - Brick $10.50 LABORER: Mason Tender - Cement/Concrete $ 10.81 LABORER: Pipelayer $ 13.35 LABORER: Roof Tear off $ 11.28

MILLWRIGHT $43.29

OPERATOR: Tower Crane $45.95 OPERATOR: Hydraulic cranes 59 Tons and under $45.45 OPERATOR: Backhoe/Excavator/Track hoe $13.09 OPERATOR: Bobcat/Skid Steer/Skid Loader $ 13.93 OPERATOR: Bulldozer $19.60 OPERATOR: Drill $18.10 OPERATOR: Forklift $14.20 OPERATOR: Grader/Blade $12.95 OPERATOR: Loader $14.08 OPERATOR: Mechanic $ 20.85 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $18.44 OPERATOR: Roller $15.04 PAINTER (Brush, Roller, and Spray (Excludes Drywall Finishing/Taping) $21.85

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PIPEFITTER (Excludes HVAC Pipe Installation) $53.44 PIPEFITTER (HVAC Pipe Installation Only) $25.73

PLASTERER $15.30

PLUMBER (Excludes HVAC Pipe Installation) $ 26.27

ROOFER $16.28

SHEET METAL WORKER (Excludes HVAC Duct Installation) $19.28

SHEET METAL WORKER (HVAC Duct Installation Only) $27.13 SPRINKLER FITTER (Fire Sprinklers) $22.95

TILE FINISHER $11.22

TILE SETTER $12.00

TRUCK DRIVER: Dump Truck $13.57 TRUCK DRIVER: Flatbed Truck $28.22 TRUCK DRIVER: Semi-Trailer Truck $12.50 TRUCK DRIVER: Water Truck $14.11 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

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CITY OF FORT WORTH WEATHER TABLE

Month

Average Days of Rain/Sno w/Ice

Inches of Rainfall

Januar y

7.4 2.64 in

Februa ry

7 2.19 in

March 7.8 2.86 in April 9 4.75 in May 13.4 5.53 in June 7.4 2.92 in July 5.6 1.12 in August 5.2 4.30 in Septe mber

5.4 1.76 in

Octobe r

4.8 3.40 in

Novem ber

6.4 3.53 in

Decem ber

7.8 2.86 in

Annuall y

87.2 37.86 in

(1) Mean number of days precipitation of 0.01" or more or 1/2" snow/ice

(2) Average normal precipitation, in inches

This table is based on information reported from Dallas-Fort Worth International Airport, Texas. Latitude 32 deg 54 min north, longitude 97 deg 02 min west, elevation (ground) 551 ft.

Average number of days of rain, snow, and ice days are based on records covering 4 years. Precipitation is based on recorded information from 2021 through 2025 period.

This table is to be used as a basis for calculation of excess rain or weather days for projects with duration in calendar days. If the construction site records indicate that the Contractor was unable to carry out operations due to rain/snow or ice, it is counted as a weather day. If the number of weather days exceeds the number of average rain days plus the snow/ice days for the contract duration, the contract will be adjusted by Change Order

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CITY OF FORT WORTH, TEXAS

CONSTRUCTION CONTRACT (LUMP SUM)

THE STATE OF TEXAS §

§ KNOW ALL BY THESE PRESENTS:

COUNTY OF TARRANT §

This Agreement is made effective as of the date signed by the Assistant City Manager below between the CITY OF FORT WORTH, a Texas municipal corporation, hereinafter called OWNER, and , authorized to conduct business in the State of Texas, hereinafter called CONTRACTOR.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows:

City of Fort Worth

Holly Fuel Facility, 1500 11th Street, Fort Worth, Texas

City Project Number #104085

That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents .

Contract Documents: This Contract, General Conditions, Instructions, Project Proposal Form and Plans and Specifications, which may be added to by the Architect at a later date, which are attached hereto and incorporated herein, are made a part of this Contract for all purposes. In the event of any conflict between the terms and conditions of General Conditions, Instructions, Project Proposal Form and Plans and Specifications and the terms and conditions set forth in the body of this Contract, the terms and conditions of this Contract shall control.

Time for Completion and Liquidated Damages: The Contractor hereby agrees and binds itself to commence the construction of said work within ___ (___) days after being notified in writing to do so by the Owner. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the liquidated damages in the amount of $_______ per day as outlined in the General Conditions, not as a penalty but as an agreed upon damages calculation by two sophisticated parties., the Contractor and their Surety shall be liable to the Owner for such deficiency.

City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for stated additions thereto or deductions therefrom, the price indicated below. Payment will be made as per the Texas Prompt Payment Act and based upon actual work completed by contractor and accepted by the Owner as described in invoicing from the Contractor.

The contract amount shall be Dollars ($______________) consisting of the Base Proposal ($_____), Owner’s Contingency Allowance ($_____), and Alternate Nos. ______

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Insurance and Bonding Requirements:

The Contractor shall not commence work under this contract until it has obtained all insurance required under the Contract Documents and the Owner has approved such insurance. The Contractor shall be responsible for collecting and delivering to the Owner upon request, the sub-contractors’ certificates of insurance. The Contractor shall indicate on its certificate of insurance included in the documents for execution whether or not its insurance covers subcontractors. Contractor and any subcontractors may not commence any work without first providing insurance as required.

If this Contract is in excess of $25,000, the Contractor shall provide a Payment Bond in the full amount of the contract. If the contract is in excess of $100,000 Contractor shall also provide a Performance Bond for the full amount of the contract.

INDEMNIFICATION: CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY CITY’S ENGINEER

AND ARCHITECT, AND THEIR PERSONNEL AT THE PROJECT SITE FOR CONTRACTOR’S SOLE

NEGLIGENCE. IN ADDITION, CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD

HARMLESS AND DEFEND, AT THEIR OWN EXPENSE, THE OWNER, ITS OFFICERS, SERVANTS AND

EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS,

PROPERTY DAMAGE, PERSONAL INJURY, INCLUDING DEATH, ARISING OUT OF, OR ALLEGED TO

ARISE OUT OF, THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY CONTRACTOR, ITS

OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES, WHETHER OR

NOT ANY SUCH INJURY, DAMAGE OR DEATH IS CAUSED, IN WHOLE OR IN PART, BY THE

NEGLIGENCE OR ALLEGED NEGLIGENCE OF OWNER, ITS OFFICERS, SERVANTS, OR EMPLOYEES.

CONTRACTOR LIKEWISE COVENANTS AND AGREES TO INDEMNIFY AND HOLD HARMLESS THE

OWNER FROM AND AGAINST ANY AND ALL INJURIES TO OWNER'S OFFICERS, SERVANTS AND

EMPLOYEES AND ANY DAMAGE, LOSS OR DESTRUCTION TO PROPERTY OF THE OWNER ARISING

FROM THE PERFORMANCE OF ANY OF THE TERMS AND CONDITIONS OF THIS CONTRACT,

WHETHER OR NOT ANY SUCH INJURY OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE

NEGLIGENCE OR ALLEGED NEGLIGENCE OF OWNER, THEIR OFFICERS, SERVANTS OR

EMPLOYEES.

Construction shall not start without a “Notice to Proceed”. The Notice to Proceed shall not be issued without bonds and insurance in place.

Immigration Nationality Act: City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (I-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor.

No Boycott of Israel. If Contractor has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and “company” shall have the

Page 27 of meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Agreement, Contractor certifies that Contractor’s signature provides written verification to City that Contractor:

(1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement.

Prohibition on Boycotting Energy Companies. Vendor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms “boycott energy company” and “company” have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor’s signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement.

Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms “discriminate,” “firearm entity” and “firearm trade association” have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor’s signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement.

Governing Law and Venue: This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division.

Non-appropriation of Funds: In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated.