Abilene Hamby Water Reclamation Facility Blower Upgrades Project Manual.pdf

CONTRACT DOCUMENTS

FOR

HAMBY WATER RECLAMATION FACILITY

BLOWER UPGRADES

JULY 2026

Weldon Hurt, Mayor

City Council

Shane Price Miguel Espinoza

Lynn Beard Jay Patterson

Bejamin Bailey Travis Craver

Emily Crawford, City Manager

PREPARED BY:

Enprotec | Hibbs & Todd • 402 Cedar Street • Abilene, Texas 79601 • T (325) 698-5560 • F (325) 690-3240 • www. e-ht.com Abilene l Lubbock l Granbury • PE Firm Registration No. 1151 • PG Firm Registration No. 50103 • RPLS Firm Registration No. 10011900

HAMBY WATER RECLAMATION FACILITY

BLOWER UPGRADES

JULY 2026

Weldon Hurt, Mayor

City Council Shane Price Miguel Espinoza

Lynn Beard Jay Patterson

Bejamin Bailey Travis Craver

Emily Crawford, City Manager

Jordan S. Hibbs, P.E. Donald S. Mattern, P.E.

Project Engineer Electrical Engineer

PREPARED BY:

Enprotec | Hibbs & Todd • 402 Cedar Street • Abilene, Texas 79601 • T (325) 698-5560 • F (325) 690-3240 • www. e-ht.com Abilene l Lubbock l Granbury • PE Firm Registration No. 1151 • PG Firm Registration No. 50103 • RPLS Firm Registration No. 10011900

7/30/2026 7/20/2026

HAMBY WATER RECLAMATION FACILITY

BLOWER UPGRADES

JULY 2026

Weldon Hurt, Mayor

City Council Shane Price Miguel Espinoza

Lynn Beard Jay Patterson

Bejamin Bailey Travis Craver

Emily Crawford, City Manager

Richard Bryan, P.E.

HVAC Engineer

PREPARED BY:

Enprotec | Hibbs & Todd • 402 Cedar Street • Abilene, Texas 79601 • T (325) 698-5560 • F (325) 690-3240 • www. e-ht.com Abilene l Lubbock l Granbury • PE Firm Registration No. 1151 • PG Firm Registration No. 50103 • RPLS Firm Registration No. 10011900

July 21, 2026

TABLE OF CONTENTS

SCOPE OF PROJECT

INVITATION FOR BIDS

DEFINITIONS

INSTRUCTIONS TO BIDDERS

EXHIBIT “A” WAGE RATE

SPECIAL CONDITIONS

SUPPLEMENTARY CONDITIONS

GENERAL CONDITIONS

BID FORM

BID SCHEDULE

DEBARRED BIDDERS STATEMENT

RESTRICTIONS ON LOBBYING CERTIFICATION

STATEMENT OF BIDDER'S QUALIFICATIONS

CERTIFICATE OF INSURANCE OR COPY OF POLICY

CONSTRUCTION CONTRACT

STATUTORY PERFORMANCE BOND

STATUTORY PAYMENT BOND

NOTICE OF AWARD

NOTICE TO PROCEED

CHANGE ORDER

AFFIDAVIT OF BILLS PAID

TECHNICAL SPECIFICATIONS AND PLANS

MAINTENANCE BOND

FORM 1295 INFORMATION

CIQ FORM

SCOPE OF PROJECT

After recent blower failures of the aeration basin blowers, the City of Abilene installed two (2) new Neuros APG blowers. This project consists of the following work to complete the installation of the following at the Hamby WWTP:

i. Demolition and disposal as shown on the Drawings in preparation for the equipment installation.

ii. Installation of two (2) blowers meeting the design specifications and requirements of this contract.

The equipment may consist of APG or another blower manufacturer that is engineer approved meeting the design specifications. The Engineer of record will review and approve all proposed blowers ensuring the technical specifications are met and full integration of any substitution with existing blower system prior to installation.

iii. Installation of AC units and controller as shown on plans.

iv. Installation of Piping modifications to two existing blowers as shown on plans.

v. All concrete work as shown on plans.

vi. Installation of 4 new DO probes and all required hardware on aeration basins to replace existing.

vii. Coordinate with the blower manufacturer for all startup, controls integration, programming, testing, and operational monitoring with existing aeration system and plant SCADA system.

viii. Furnishing and installation of all piping, valves, supports, electrical, structural, instrumentation, controls, appurtenances, programming and incidental work necessary to provide a complete and fully operational four-blower system and associated HVAC equipment as shown on the drawings and specified herein.

ix. New Double Door.

DEFINITIONS

Definitions applicable to these Contract Documents are found in the City of Abilene’s Standard Specifications for Construction adopted September, 2006, Part I, Division I, Item 1.

INSTRUCTIONS TO BIDDERS

Instructions to bidders are found in the City of Abilene’s Standard Specifications for Construction adopted September, 2006, Part I, Division I, Item 2, with the exception of the section amended, below as follows:

5. BID SECURITY

Bid Security is not required.

8. BID SUBMISSION

Bids by Partnerships must be timely submitted in an opaque, sealed envelope, marked with the Project title and name and address of the Bidder and other required documents. The City will return late bids unopened, and will not consider them.

9. PREVAILING WAGE RATES

The minimum prevailing wage rates for the performance of this Contract are attached as Exhibit A.

Said exhibit shall become a part of the Contract Document. For federally funded projects, wage rates must comply with Federal Law.

12. BIDS REMAIN OPEN

All bids remain open for sixty (60) days. The City reserves the right to release any Bid early.

EXHIBIT “A” WAGE RATE

The minimum prevailing wage rates for the locality in which this work is to be performed as shown below.

General Decision Number: TX20260002 05/18/2026

State: Texas

Construction Types: Heavy

Counties: Texas Counties of Armstrong, Carson, Crosby, Ector, Irion, Lubbock, Midland, Potter, Randall, Taylor and Tom Green

Modification Number Publication Date 0 01/02/2026 1 05/15/2026

SUTX2011-002 08/02/2011

Rates

TRUCK DRIVER (TANDEM AXLE TRACTOR WITH SEMI)……………………………... $ 12.49

TRUCK DRIVER (SINGLE OR TANDEM AXLE DUMP)………………………………….. $ 11.33

TRUCK DRIVER (SINGLE AXLE)…………………………………………………………... $ 12.74

TRUCK DRIVER (LOWBOY-FLOAT)………………………………………………………. $ 14.46

STEEL WORKER (REINFORCING)…………………………………………………………. $ 13.50

SERVICER……………………………………………………………………………………... $ 13.98

POWER EQUIPMENT OPERATOR: SCRAPER…………………………………………….. $ 10.61

POWER EQUIPMENT OPERATOR: MECHANIC………………………………………….. $ 20.14

POWER EQUIPMENT OPERATOR: (SPREADER BOX)…………………………………... $ 12.60

POWER EQUIPMENT OPERATOR: (ROLLER, OTHER)………………………………….. $ 10.36

POWER EQUIPMENT OPERATOR: (ROLLER, ASPHALT)…………………………….…. $ 10.95

POWER EQUIPMENT OPERATOR: (RECLAIMER/PULVERIZER)…………………….… $ 12.85

POWER EQUIPMENT OPERATOR: (PAVEMENT MARKING MACHINE)…………….... $ 16.42

POWER EQUIPMENT OPERATOR: (MOTOR GRADER, FINE)………………………….. $ 17.49

POWER EQUIPMENT OPERATOR: (MOTOR GRADER, ROUGH)………………………. $ 16.15

POWER EQUIPMENT OPERATOR: (MILLING MACHINE)………………………….…… $ 15.54

POWER EQUIPMENT OPERATOR: (LOADER/BACKHOE)………………………………. $ 14.18

POWER EQUIPMENT OPERATOR: (FRONT END LOADER, 3CY OR LESS)…………... $ 12.28

POWER EQUIPMENT OPERATOR: (FRONT END LOADER OPERATOR, OVER 3CY).. $ 12.77

POWER EQUIPMENT OPERATOR: (EXCAVATOR, 50,000 LBS OR LESS)…………….. $ 13.46

POWER EQUIPMENT OPERATOR: (CRAWLER TRACTOR OPERATOR)……………… $ 13.96

POWER EQUIPMENT OPERATOR: (CRANE, LATTICE BOOM 80 TONS OR LESS)…... $ 16.82

POWER EQUIPMENT OPERATOR: (BROOM AND SEEPER)…………………….………. $ 11.21

POWER EQUIPMENT OPERATOR: (ASPHALT PAVING MACHINE)…………………… $ 13.40

POWER EQUIPMENT OPERATOR: (ASPHALT DISTRIBUTER)………………………… $ 14.87

LABORER: ASPHALT RAKER………………………………………………………………. $ 12.28

LABORER: (WORK ZONE BARRICADE SERVICER)…………………………………….. $ 10.30

LABORER: (LABORER, UTILITY)………………………………………………………….. $ 11.80

LABORER: LABORER, COMMON)…………………………………………………………. $ 10.30

LABORER: (FLAGGER)……………………………………………………………………… $ 9.30

FORM BUILDER/FORM SETTER (STRUCTURES)………………………………………... $ 13.52

FORM BUILDER/FORM SETTER (PAVING & CURB)…………………………………….. $ 12.36

ELECTRICIAN………………………………………………………………………………… $ 20.96

CEMENT MASON / CONCRETE FINISHER (PAVING & STRUCTURES)……………….. $ 13.55

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dal.gov/agencies/whd/government-contracts.

Note: Executive Order 13658 generally applies to contracts subject to the Davis-Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended an or after January 30, 2022. Executive Order 13658 does not apply to contracts subject only to the Davis-Bacon Related Acts regardless of when they were awarded. If a contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13.65 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract from May 11, 2026, through December 31, 2026. The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).

The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate.

Union Rate Identifiers

A four-letter identifier beginning with characters other than ♦SU♦, ♦UAVG♦, ♦SA♦, or ♦SC♦ denotes that a union rate was prevailing far that classification in the survey. Example: PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.

Union prevailing wage rates are updated to reflect all changes over time that are reported to WHO in the rates in the collective bargaining agreement (CBA) governing the classification.

Union Average Rate Identifiers

The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate.

A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based.

Survey Rate Identifiers

The ♦SU♦ identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier.

♦SU♦ wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHO) has the discretion to update such rates under 29 CFR 1.6(c)(1).

https://www.dal.gov/agencies/whd/government-contracts http://www.dol.gov/whd/govcontracts

State Adopted Rate Identifiers

The ♦SA♦ identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ♦SA♦ identifier took effect under state law in the state from which the rates were adopted.

WAGE DETERMINATION APPEALS PROCESS

1) Has there been an initial decision in the matter? This can be:

a) a survey underlying a wage determination

b) an existing published wage determination

c) an initial WHD letter setting forth a position on a wage determination matter

d) an initial conformance (additional classification and rate) determination

On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to:

Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHO Branch of Construction Wage Determinations. Requests can be submitted via email to BCWD-Office@dol.gov or by mail to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part

1.8 and 29 CFR Part 7). Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210.

END OF GENERAL DECISION

SPECIAL CONDITIONS

Special Conditions applicable to these Contract Documents are found the City of Abilene’s Standard Specifications for Construction adopted September, 2006, Part I, Division I, Item 3, with the exception of the Construction Contract. The Construction Contract applicable to this project is found in these Contract Documents.

SUPPLEMENTARY CONDITIONS

Supplementary Conditions applicable to these Contract Documents are found the City of Abilene’s Standard Specifications for Construction adopted September, 2006, Part I, Division I, Item 4.

GENERAL CONDITIONS

General Conditions applicable to these Contract Documents are found the City of Abilene’s Standard Specifications for Construction adopted September, 2006, Part I, Division I, Item 5, with the exception of the section amended, below as follows:

35. MINORITY AND WOMEN BUSINESS ENTERPRISES

The City hereby gives notice that Minority and Women Business Enterprises will be afforded equal opportunities to submit bids in for this contract and will not be discriminated against on the grounds of race, ethnicity, color, sex, religion or national origin in awarding the contract. Technical assistance is available to Minority and Women Business Enterprises through the Texas Tech University Small Business Development Center, 749 Gateway St., #301, Building C, Abilene, Texas, 79602, 325-670-0300.

BID FORM

Date: ________________________________________________________________________________

Bid of ______________________________________________________________________, ("Bidder"), organized and existing under the laws of the State of ___________________________, doing business as

(corporation, partnership, or individual)

To: THE CITY OF ABILENE, TEXAS

Bidder offers to perform all Work for constructing according to the Contract Documents and at the prices stated in the Bid Schedule.

Bidder acknowledges receiving Addenda: ____________________________________________

Bidder certifies (if a joint bid, each party certifies as to its own organization) that this Bid has been arrived at independently and without consultation, communication or agreement with any other bidder or competitor as to any matters relating to this Bid.

Bidder offers to perform all contract work described for a lump sum total of: ________________

The Bid Schedule states the lump sum, unit prices, if requested, and alternate prices.

Bidder offers to complete the project within 300 working days for base bid, which time allows for the normal delays associated with inclement weather.

BID SCHEDULE

Show bid prices in words and numerals. Words take precedence over numerals. Round off unit prices to two decimal places only. These Bid prices must include all labor, materials, equipment, insurance, overhead, superintendence, transportation, profit, and incidentals to cover the finished Work called for in the Contract Documents. In case of mathematical error in extensions, (Unit Prices) prevails.

BID SCHEDULE

HAMBY WATER RECLAMATION FACILITY BLOWER UPGRADES

BASE BID

NOTE: Bids shall include all applicable taxes and fees.

ITEM ESTIMATE

QUANTITY

DESCRIPTION AND UNIT PRICES

(PRICE TO BE WRITTEN)

UNIT PRICE

(NUMBERS) TOTAL

1 1 LS Furnish Mobilization, Insurance, and Bonds, for _________________________ _________________________ Dollars and __________________ Cents per lump sum.

N/A

2 1 LS Installation of 2 New Owner provided APG (or comparable) Blowers and modifications to 2 existing. All necessary piping, supporting electrical, structural, and instrumentation for the 4 blowers, all appurtenances, installed, as shown and as specified, for ________________________

_________________ Cents per lump sum.

3 1 LS Installation of New HVAC for Blower Building and all appurtenances installed, as shown and as specified, for ____________

4 1 LS Owner’s Allowance for Payment of balance on Abilene’s Rent-to-Own Contract with APG (or comparable) for all four (4) blowers (NOTE: Contractor’s cost for bonds, insurance, profits, etc. associated with this allowance shall be included in the lump sum for Bid Item No. 2 above. There shall be no mark-up on final invoice from APG.) at a lump sum of One million four hundred thousand Dollars and No Cents per lump sum.

$ 1,400,000.00

5 1 LS SCADA programming and implementation for all four (4) new blowers with Veolia and McKim and Creed, for ________________

ITEM ESTIMATE

QUANTITY

DESCRIPTION AND UNIT PRICES

(PRICE TO BE WRITTEN)

UNIT PRICE

(NUMBERS) TOTAL

6 1 LS Installation of new double door, as shown and as specified, for __________________

7 1 LS Furnish two (2) full days of training including one (1) full day of classroom-style training and one (1) full day of field training by APG (or comparable) once the units have been installed and commissioned at a lump sum amount of ______________________

__________________ Cents per lump sum

8 1 LS Owner’s Allowance for work directed in writing by the City for legitimate project related issues including City Building Permit Fees at the direct cost for such work (NOTE: Contractor’s cost for bonds, insurance, profits, etc. associated with this allowance shall be included in the lump sum for Bid Item No. 2 above) at a lump sum amount of Two hundred thousand Dollars and No Cents per lump sum.

$ 200,000.00

TOTAL AMOUNT OF BASE BID (in words): ________________________________________________________

TOTAL AMOUNT OF BASE BID (in numbers): $___________________________________

Respectfully submitted, Signature

Typed or Printed Name

Title: _____________________________________________

Address: __________________________________________

Telephone: ________________________________________

Federal Tax I.D. #: __________________________________

ATTEST:

Signature

Typed or Printed Name

Title: _____________________________________________ (Seal required if Bid by Corporation)

DEBARRED BIDDERS STATEMENT

The Contractor, including any of its officers or holders of a controlling interest, is obligated to inform the City of Abilene whether or not it is or has been on any debarred bidders' list maintained by the United States Government. Should the Contractor be included on such a list during the performance of this project, it shall so inform the City of Abilene.

_____ Have been listed on a United States Government debarred bidder's list.

_____ Have not been listed on a United States Government debarred bidders' list.

Date: _________________________________________

Signature: _____________________________________

RESTRICTIONS ON LOBBYING CERTIFICATION

In accordance with 31 U.S.C. Section 1352, the Contractor hereby certifies that no Federal appropriated funds have been or will be paid by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress, an officer or employee of any Federal grant or loan, the entering into the cooperative agreement and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative agreement.

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer of Members of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit standard form LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.

Date: _____________________________________

Signature: _________________________________

Title: _____________________________________

STATEMENT OF BIDDER'S QUALIFICATIONS

Answers to all questions must provide clear, comprehensive data that is not misleading.

Attach additional sheets if necessary. A Bidder may submit additional information.

1. Name of Bidder and permanent main office address:

2. Date when organized under present name and State of incorporation (if applicable):

3. Former firm or trade names, with dates of operation for each name:

4. General character of work performed by your company:

5. If you have ever failed to complete any work awarded to you, including but not limited to work with the City of Abilene, state project location and reason(s), and give name and address of project owner and Engineer.

6. If you have ever defaulted on a contract, including but not limited to a contract with the City of

Abilene, state project location, amount of contract, reason(s) and give name and address of project owner and Engineer.

7. If you have ever had performance disputes, including delays in substantial completion, with any work awarded to you, including but not limited to work with the City of Abilene, state project location and reason(s), and give name and address of project owner and Engineer.

8. List of similar projects successfully completed, including but not limited to projects successfully completed with the City of Abilene. Include amount of contract, type of work, date completed and name and address of owner. Attach additional page if needed.

9. List of current projects under contract. Include amount of contract, type of work, date completed and name and address of owner. Attach additional page if needed.

10. Information regarding your company being a historically underutilized business within Taylor or Jones counties.

11. If you have ever had safety issues with any work awarded to you, including but not limited to work with the City of Abilene, state project location and reason(s), and give name and address of project owner and Engineer.

12. Provide total number of current employees and/or subcontractors which you intent to use to complete this project if you are awarded the bid.

CERTIFICATE OF INSURANCE OR COPY OF POLICY

The Contractor must provide either four (4) copies of an approved Certificate of Insurance or four (4) copies of the insurance policy or policies which complies with insurance provisions of the Special Conditions of the Abilene’s Standard Specifications for Construction adopted September, 2006. Insurance certificates will be incorporated into the contract.

CONSTRUCTION CONTRACT

BACKGROUND

THIS CONTRACT, made _______________________, 20__, is between the City of Abilene, a Municipal Corporation of Taylor and Jones Counties, Texas ("City"), and of the City of ______________________, State of ____________. ("Contractor").

The City recognizes a need for high quality construction work; the Contractor agrees to complete the project in return for payment.

THE AGREEMENT

1. Work and Consideration.

The Contractor hereby agrees to commence and complete the construction of Work described as

The Contractor must provide all Work required in the Contract Documents -- incorporated herein by reference -- labeled:

All work to be performed will be completed in conformance with (1) Part I of the City of Abilene’s Standard Specifications for Construction adopted September, 2006 with the attached amendments in these Contract Documents, and (2) the Technical Specifications and Plans attached to these Contract Documents. Technical Specifications and Plans attached to these Contract Documents control in the event of a conflict.

In consideration of this Work, the City will pay the Contractor the sum of ___________________.

2. Timely Work. The Contractor must begin and fully complete Work in the days stated in the Notice to Proceed. The time allows for normal delays associated with weather conditions, crew coordination, etc. Time is of the essence, and liquidated damages as set forth in the General Conditions (Paragraph 16) apply for late Work.

3. Payment. If Performance and Payment Bonds are required, the City will pay Contractor according to the General Conditions (Paragraph 20). If Performance and Payment Bonds are not required, the City will pay Contractor according to the Instructions to Bidders.

4. No liens. No mechanic, contractor, subcontractor, supplier, or other person can or will contract for, or in any other manner have or acquire any lien upon the work of this Contract, or the land upon which it is situated. The laws of the State of Texas govern this Contract.

5. Venue. Venue for any legal proceeding is Taylor County, Texas.

6. Indemnity.

A. Definitions

For the purpose of this section the following definitions apply:

“City” shall mean all officers, agents and employees of the City of Abilene.

“Claims” shall mean all claims, liens, suits, demands, accusations, allegations, assertions, complaints, petitions, proceedings and causes of action of every kind and description brought for damages.

“Contractor” includes the corporation, company, partnership, or other entity, its owners, officers, and/or partners, and their agents, successors, and assigns.

“Contractor’s employees” shall mean any employees, officers, agents, subcontractors, licensee and invitees of Contractor.

“Damages” shall mean each and every injury, wound, hurt, harm, fee, damage, cost, expense, outlay, expenditure or loss of any and every nature, including but not limited to:

(i) injury or damage to any property or right

(ii) injury, damage, or death to any person or entity

(iii) attorney’s fees, witness fees, expert witness fees and expenses, and

(iv) all other costs and expenses of litigation

“Premise Defects” shall mean any defect, real or alleged, which now exists or which may hereafter arise upon the premises.

“Proven” shall mean that a court of competent jurisdiction has entered a final unappealable judgment on a claim adjudging an entity or person liable for a monetary judgment.

“Sole negligence” shall mean negligence of a party that is unmixed with the fault of any other person or entity.

B. Indemnity

The Contractor must indemnify, hold harmless, and defend the City from and against liability for any claims arising out of the Contractor's work and activities conducted in connection with this Contract.

The Contractor is an independent contractor and is not, with respect to its acts or omissions, an agent or employee of the City.

Contractor must at all times exercise reasonable precautions on behalf of, and be solely responsible for, the safety of Contractor’s employees while in the vicinity where the work is being done. The City is not liable or responsible for the negligence or intentional acts or omissions of the Contractor or Contractor’s employees.

The City assumes no responsibility or liability for damages which are directly or indirectly attributable to premise defects. Responsibility for all such defects is expressly assumed by the Contractor.

The City and Contractor must provide the other prompt and timely notice of any covered event which in any way affects or might affect the Contractor or City. The City has the right to compromise and defend the same to the extent of its own interests.

BOTH CITY AND CONTRACTOR EXPRESSLY INTEND THIS CONTRACT'S

INDEMNITY PROVISION TO REQUIRE CONTRACTOR TO INDEMNIFY AND

PROTECT THE CITY FROM THE CONSEQUENCES OF THE CITY'S OWN

NEGLIGENCE WHILE CITY IS PARTICIPATING IN THIS CONTRACT, WHERE

THAT NEGLIGENCE IS A CONCURRING CAUSE OF THE DAMAGES. THIS

CONTRACT'S INDEMNITY PROVISION DOES NOT APPLY TO ANY CLAIM WHERE

DAMAGE IS PROVEN TO RESULT FROM THE SOLE NEGLIGENCE OF THE CITY.

7. Insurance. The Special Conditions found the City of Abilene’s Standard Specifications for Construction adopted September, 2006, Part I, Division I, Item 3, contain the insurance requirements of this Contract.

8. Overcharges. The Contractor assigns to City any claims for overcharges related to this Contract which arise under antitrust laws of the United States, 15 U.S.C.A. Sec. 1 et seq, as amended.

9. Contract Interpretation. Any dispute about the Contract's meaning or application will be interpreted fairly and reasonably, and neither more strongly for or against either party.

10. Indebtedness to City. Contractor agrees that no payments owed by him of any nature whatsoever to the City, including payment in advance for service charges or any sums of any character whatsoever, shall become delinquent or in arrears.

The City will not knowingly award contracts for goods or services to any Bidder in arrears to the City for any debt, claim, demand, or account whatsoever, including taxes, penalty or interest. Contractor is responsible for ensuring that no indebtedness exists.

Section 130 of the City Charter authorizes the City to counterclaim and offset any debt, claim, demand or account owed by the City to any person, firm or corporation in arrears to the City for any debt, claim, demand or account of any nature whatsoever, including taxes, penalty or interest.

11. Statutory Verifications. Unless the Contractor is not subject to a provision below, the signatory executing this Agreement on behalf of the Contractor verifies that the Contractor: (1) does not boycott Israel and will not boycott Israel during the term of this Agreement; (2) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and will not discriminate during the term of this Agreement against a firearm entity or firearm trade association; (3) does not boycott energy companies, and will not boycott energy companies during the term of this Agreement; and (4) is not on a list maintained by the State Comptroller's office prepared and maintained pursuant to Section 2252.153 of the Texas Government Code.

A. Verification Against Boycott of Israel Provision. In accordance with Chapter 2271 of the Texas Government Code, a Texas governmental entity may not enter into an agreement with a company for the provision of goods or services unless the agreement contains a written verification from the company that it: (1) does not boycott Israel;Iand (2) will not boycott Israel during the term of the agreement. The term “company” does not include a sole proprietorship. Chapter 2271 of the Texas Government Code only applies to an agreement that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000.00 or more that is paid wholly or partly from public funds of the governmental entity. n accordance with Chapter 2271 of the

B. Verification Against Discrimination of Firearm or Ammunition Industries Provision.

Pursuant to Texas Government Code Chapter 2274, unless otherwise exempt, if the company employs at least 10 full-time employees, and this agreement has a value of at least $100,000 that is paid wholly or partly from public funds of the City, the company verifies that: (1) the company does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) the company will not discriminate during the term of the Agreement against a firearm entity or firearm trade association. The term “company” does not include a sole proprietorship. This provision does not apply to a governmental entity that contracts with a sole-source provider, or does not receive any bids from a company that is able to provide the written verification required.

C. Verification Against Boycott of Energy Companies Provision. Pursuant to Texas Government Code Chapter 2276, unless otherwise exempt, if the company employs at least 10 full-time employees, and this Agreement has a value of at least $100,000 that is paid wholly or partly from public funds of the City, the company represents that: (1) the company does not boycott energy companies; and (2) the company will not boycott energy companies during the term of this Agreement. The term “company” does not include a sole proprietorship. This provision does not apply to a governmental entity that determines the requirements are inconsistent with the governmental entity’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.

D. Prohibition on Contracts with Certain Companies Provision. In accordance with Section

2252.152 of the Texas Government Code, the company verifies that company is not on a list maintained by the State Comptroller’s office prepared and maintained pursuant to Section

2252.153 of the Texas Government Code.

12. Contract Execution. The Contractor must sign the Contract first, with any necessary attestation and seal. The City Attorney or designee must review the Contract, and approve or disapprove it. If approved, the City's authorized agent will then sign. The City Secretary must keep a signed original in the City Secretary's Office.

13. Contract Copies. Each of the two executed copies is an original.

Signature

Name - Typed or Printed

Title - Typed or Printed

CITY OF ABILENE

Authorized Signature

Business Phone No.

Federal Tax I.D.#

ATTEST: (If Corporation)

Corporate Secretary's Signature

ATTEST:

City Secretary

Seal:

APPROVED:

City Attorney

IN WITNESS HERE OF, the parties hereto have executed this contract:

CONTRACTOR

Name of Contractor Business Address:

Form 1295 Information

The City of Abilene is required to have all vendors with Council Awarded contracts complete a Form 1295.

Interested parties is anyone who has a financial interest in your company.

Certificate of Interested Parties (Form 1295) In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016.

Filing Process:

On January 1, 2016, the ethics commission made available on its website a new filing application that must be used to file Form 1295. A business entity must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number.

An authorized agent of the business entity must sign the printed copy of the form. The completed Form 1295 with the certification of filing must be filed with the governmental body or state agency with which the business entity is entering into the contract.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

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.

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

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 ownership interest of one percent or more.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021

Revised 1/1/2021Form provided by Texas Ethics Commission www.ethics.state.tx.us

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.

STATUTORY PERFORMANCE BOND

STATE OF TEXAS § STATUTORY PERFORMANCE BOND

§ PURSUANT TO TEX. GOV'T CODE ANN.

§ Section 2253.021 (Vernon 1994)

COUNTY OF TAYLOR §

as Principal(s), and _________________________________________________________________________ as Surety(s) are bound to the City of Abilene, Texas, ("Obligee") in the sum of $______________ lawful money of the United States. By this document, they bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, to pay this amount.

On ____________________________, 20__, the Principal entered into a written contract with the Obligee for which contract is incorporated by reference for all purposes. The Principal is required by law to execute a bond in the contract amount before beginning work.

If the Principal faithfully performs the work according to the Contract Documents, including any performance required of the Principal for a period of one year after the date of final acceptance of the work, under guarantees furnished the Obligee, then this obligation is void; otherwise, it remains in full force.

This bond is executed under the provisions of TEX. GOV'T CODE ANN. § 2253.001, et. seq. (Vernon 1994), as amended, and all liabilities on this bond shall be determined according to the provisions of that Code.

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

We, Principal(s) and Surety(s), have signed and sealed this instrument:

____________________, 20__

(Principal)

By: _______________________________________ (Signature)

(Name - typed)

(Title - typed)

PERFORMANCE BOND - Page 1

The undersigned surety company represents that it is authorized to do business in Texas, and designates _______________________________________________________________________________ its agent in Taylor County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety consents to venue in Taylor County, Texas.

(Signature of Attorney-in-Fact)

By: ____________________________________

_______________________________, 20__

(Surety)

(Signature) (Typed Name of Attorney-in-Fact)

SURETY'S SEAL

NOTE: If signed by an officer of the Surety Company, the Surety Company must submit a certified extract from the by-laws showing that this person has authority to sign the bond. If signed by an Attorney-in-Fact, a copy of the Power of Attorney must be attached to this bond.

(Note: Date of Bonds must not be before Contract date)

PERFORMANCE BOND - Page 2

STATUTORY PAYMENT BOND

STATE OF TEXAS § STATUTORY PAYMENT BOND

§ PURSUANT TO TEX. GOV'T CODE ANN.

§ Section 2253.021 (Vernon 1994)

COUNTY OF TAYLOR §

as Principal(s), and _________________________________________________________________________ as Surety(s) are bound to the City of Abilene, Texas, ("Obligee") in the sum of $______________ lawful money of the United States. By this document, they bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, to pay this amount.

On _____________________________, 20__, the Principal entered into a written contract with the Obligee for which contract is incorporated by reference for all purposes. The Principal is required by law to execute a bond in the contract amount before beginning work.

If the Principal pays all claimants supplying labor and material to Principal or a subcontractor in the performance of the work provided for in the contract, then this obligation is void; otherwise, it remains in full force.

This bond is executed under the provisions of TEX. GOV'T CODE ANN. § 2253.001, et. seq. (Vernon 1994), as amended, and all liabilities on this bond will be determined according to the provisions of that Code.

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

We, Principal(s) and Surety(s), have signed and sealed this instrument:

By:

__________________________________, 20__

(Principal)

(Signature)

(Name - typed)

(Title - typed)

PAYMENT BOND - Page 1

The undersigned surety company represents that it is authorized to do business in Texas, and designates ___________________________________________ its agent in Taylor County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety consents to venue in Taylor County, Texas.

(Signature of Attorney-in-Fact)

By: ____________________________________

_______________________________, 20__

(Surety)

(Signature) (Typed Name of Attorney-in-Fact)