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SECTION C - INSTRUCTION TO BIDDERS

1.0 Defined Terms

Terms used in the Instructions to Bidders which are defined in the General Provisions have the meanings assigned to them in the General Provisions. The term "Bidder" means one who submits a Bid directly to the Owner, as distinct from a sub-Bidder, who submits a Bid to a Bidder.

The term "Successful Bidder" means the lowest responsible Bidder to whom the Owner makes an award. The term "Bidding Documents" includes the Notice to Bidders; Instructions to Bidders; the Bid proposal form; Construction Trade Requirements Assurance form; the General, Special, and Supplemental Conditions; Standard Specifications and Supplemental Specifications; Federal requirements; and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids), Contract Drawings and any documents referenced in the above. General Provisions and Specifications are included in the Public Works Construction Standards – North Central Texas, August 2023. This publication is available through the North Central Texas Council of Governments’ Regional Information Center, P.O.

Box 5888, Arlington, TX 76005-5888 Phone: 817-695-9140.

2.0 Copies of Bidding Documents

For a nonrefundable fee of $37.00 each, complete sets of Bidding Documents, excepting the Public Works Construction Standards – North Central Texas, August 2023, can be obtained at the office of the Department of Engineering, 9th Floor, Wichita Tower, 705 8th Street, Wichita Falls, Texas. Copies of the Public Works Construction Standards – North Central Texas, August 2023, are available through the North Central Texas Council of Governments, Arlington, Texas.

3.0 Examination of Contract Documents and Site

3.1. The Contract Documents can be divided into four major portions;

• Conditions of the Contract

• Technical Specifications

• Forms of the Contract

• Contract Drawings

Each of these parts is repetitive in nature from one contract to the next. For that reason, standards have been adopted to aid both in the preparation of documents and in the preparation of bids.

The standards for the Conditions of Contract are found in Section 1 of the Public Works Construction Standards – North Central Texas, August, 2023 published by and available through the North Central Texas Council of Governments, referred to as "The Blue Book."

These "General Provisions" do not always correspond to the needs of the City of Wichita Falls, or the specific projects being bid. Adaptations are included in a section of the bid package referred to as the Supplemental Conditions.

The Blue Book contains the technical material and construction methods specifications. These will, however, need to be modified from time to time to fit the requirements of a particular project.

The Supplemental Specifications and Project Specific Special Requirements and Specifications sections of this document provide those modifications.

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3.2 It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions which may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state, and local laws and regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate the Bidder's observations with the Contract Documents, (e) notify the Engineer of any conflicts, errors or discrepancies in the Contract Documents, and (f) have possession of and be familiar with the Public Works Construction Standards – North Central Texas, August, 2023.

3.3. Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site is based upon information and data furnished to the Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided in the Special Conditions. The Contractor is responsible for observing meters, valves, and other surface appurtenances related to the underground facilities and probe ahead of excavation to locate underground facilities that may interfere with the work. Any damage to underground facilities will be repaired at the expense of the Contractor.

4.0 Interpretation and Addenda

4.1. All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by the Engineer as having received the Bidding Documents. Questions received less than five days prior to the date of opening of bids may not be answered. Only questions answered by written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

4.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Owner or Engineer.

4.3. In the event an Addendum is issued, the Addendum shall be signed and returned with the Bid proposal form. Failure to submit signed addenda will be cause for rejection of bid.

5.0. Bid Security

5.1. Each Bid must be accompanied by a bid security made payable to the Owner in an amount of not less than 5% of the Bidder's maximum bid price and in the form of either a cashier's check, certified check, or a Bid Bond as specified in the General Provisions. Bid Bonds furnished must be in general agreement with the provisions of the form provided. Item 1.5 of the General Provisions contains further information about bid securities.

6.0. Substitute or "Or-Equal" Items

6.1. The materials and equipment described in the bidding documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution.

No substitution will be considered unless a written request for approval has been submitted by the Bidder and has been received by the Engineer at least 7 working days prior to the date for receipt of bids. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data and any other information necessary for an evaluation. A

C-3 statement setting forth any changes in other materials, equipment or work that incorporation of the substitute would require shall be included. The burden of proof of merit of the proposed substitute is upon the Bidder.

6.2. The Engineer's decision of approval or disapproval of a proposed substitution shall be final.

If the Engineer approves any proposed substitution, such approval will be set forth in an addendum issued to all prospective Bidders. Bidders shall not rely on approvals made in any other manner.

7.0. Bid Proposal Form

7.1. The Bid Proposal Form is included with the Bidding Documents; additional unbound copies may be obtained from the Engineering Department, 9th Floor, Wichita Tower, 705 8th Street, Wichita Falls, Texas 76301.

7.2. All blanks on the Bid Proposal Form should be legible in pen or printer. Any changes should be initialed in ink if changed by strike through after printed.

7.3. In the event alternate Proposals are presented in the Bid Proposal Form, Bidders may submit a bid for any one of or all of the separate sections defined.

7.4. The unit price should be written in words (not figures) in the "description" column. The amount in figures and the total amount in figures should be placed in the appropriate column.

Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated total of any column of figures and the correct sums thereof will be resolved in favor of the correct sums. Discrepancies between written amounts and figures shall be resolved in favor of the written amounts.

8.0. Submission of Bids

8.1. Bids shall be submitted at the time and place indicated in the Notice to Bidders and shall be enclosed in an opaque sealed envelope, marked with the project title, and name and address of the Bidder and shall be accompanied by the bid security and other related documents. If the bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "Bid enclosed" on the face of it.

9.0 Opening of Bids and Award of Contract

9.1. Bids will be opened and read aloud publicly. Bidders, at the time of the bid opening, may request a formal bid tabulation be mailed. Bidders will be permitted to inspect Bid Proposals in the presence of the Owner.

9.2. The Owner reserves the right to reject any and all bids, to waive any and all informalities not involving price, time or changes in the work and to negotiate contract terms with the successful Bidder inside the limits established by statute. The Owner reserves the right to disregard all nonconforming, non-responsive, unbalanced or conditional bids. Owner reserves the right to reject the bid of any Bidder if Owner believes it would not be in the best interest of the project to make an award to that Bidder, whether because the bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner within the constraints of state statute.

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SECTION D - BID PROPOSAL FORM

Proposal of hereinafter called the "Bidder."

To: Mr. Jeffery Jenkins City Manager City of Wichita Falls, Texas

The Bidder, in compliance with your Notice to Bidders for the 2026 Seal Coat Project, CWF26- 100-05, a project generally described as: the seal coat surface treatment of various City streets, and associated work: having thoroughly examined the plans, specifications, Instructions to Bidders, Notice to Bidders, and all of the other related contract documents as amended by proper addenda, and the site(s) of the proposed work and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, as amended by proper addenda, in accordance with the time set forth therein and at the prices stated in Attachment A.

The Bidder confirms that the General Provisions and the standard specifications for this contract are located in the Public Works Construction Standards – North Central Texas, August, 2023. This publication is available through the North Central Texas Council of Governments’ Regional Information Center, P.O. Box 5888, Arlington, TX 76005-5888, Phone:

817-640-3300.

Accompanying this Bid Proposal is a cashier's check, certified check, or acceptable bid bond (in general agreement with the provisions of the form provided) in the total amount of $___________________ (not less than five percent of the maximum amount Bid) made payable to the City of Wichita Falls, Texas. The bid security will be returned to the Bidder unless, in case of award, the undersigned fails to execute a contract and file the required bonds and insurance within fourteen (14) calendar days of the date of receipt of a written Notice of Award, in which case it shall be retained by the Owner as liquidated damages due to delay and other inconveniences suffered by the Owner as a result of such failure on the part of the Bidder.

It is understood that the City of Wichita Falls reserves the right to reject any or all bids.

It is understood that the quantities of work to be done at unit prices indicated on Attachment A are approximate only and are intended principally to serve as a guide in evaluating bids. It is further agreed that, subject to the constraints of the General Provisions, the quantities of work to be done and materials to be furnished at the unit prices bid may be increased or decreased as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased are to be performed at the unit prices set forth except as provided for in the General Provisions.

Bidder hereby agrees to commence work under this contract within fourteen (14) calendar days of the date specified in a written "Notice to Proceed" by the Engineer of the City of Wichita

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Falls, and to complete the project within ninety (90) calendar days thereafter as stipulated in the General Provisions. Liquidated damages are set forth in the General Provisions.

In the event of the award of a contract to the undersigned by the City Council of the City of Wichita Falls, Texas, the undersigned will furnish Performance and Warranty, and Payment Bonds in the amount required, to secure proper compliance with the terms and provision of the contract, to guarantee and insure the work until final completion and acceptance and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract.

The undersigned certifies that the bid prices shown on Attachment A have been carefully checked and are submitted as correct and final.

All addenda have been signed and submitted with the bid proposal.

The address indicated below will be used for all correspondence in relation to this contract unless otherwise noted.

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Bid Submitted by:

Contractor

By SEAL

(If Corporation)

Title

Tax ID #

Street Address ATTEST:

City, State & Zip Secretary

Telephone No.

Email address

NOTE: Powers of attorney authorizing agents to sign the proposal must be certified, must be in writing and must accompany this proposal.

D-4

SECTION D - BID PROPOSAL FORM - ATTACHMENT A

Attachment A to the Proposal of

(Contractor's Name)

Pay Item

Estimated Quantity

Description

Unit Price

Amount Bid

Contractor Self

Perform (Yes or No)

200.1 1 LS Site Preparation & Mobilization (Not to Exceed

5%), complete and in place for _______________________ dollars and _______________________ cents per lump sum.

404.4-SC 53,445

SY

Seal Coat – Single Course, complete and in place for ___________________________ dollars and ________________ cents per square yard.

404.4-DC 36,811

SY

Seal Coat – Double Course, complete and in place for ___________________________ dollars and __________________ cents per square yard.

801 1 LS Temporary Traffic Control, complete and in place for ___________________________ dollars and __________________ cents per lump sum.

804-4YD 80 LF 4” Yellow Dash Striping – 100 MIL Thick, complete and in place for ________________________ dollars and __________________ cents per linear foot.

804-4YS 10,088

LF

4” Yellow Solid Striping – 100 MIL Thick, complete and in place for ________________________ dollars and __________________ cents per linear foot.

TOTAL BASE BID

Base Bid to be completed within 90 calendar days.

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ADDITIVE/ALTERNATE NOS. 1 – 6

Pay Item

Estimated Quantity

Description

Unit Price

Amount Bid

Contractor Self

Perform (Yes or No)

404.4-SC-

ALT1

6,090 SY Seal Coat – Single Course (Fell Ln), complete and in place for ___________________________ dollars and ________________ cents per square yard.

404.4-DC-

ALT2

8,553 SY Seal Coat – Double Course (Bacon Switch

Rd), complete and in place for

ALT3

6,213 SY Seal Coat – Double Course (Quincy Rd), complete and in place for

ALT4

5,673 SY Seal Coat – Double Course (McKinney Rd), complete and in place for

ALT5

11,336

SY

Seal Coat – Double Course (Old Burk Rd), complete and in place for

ALT6

11,978

SY

Seal Coat – Double Course (Wellington Ln), complete and in place for

TOTAL ADD/ALT NOS. 1 – 6 BID

Percentage of work Self-Performed: ________

Percentage of work Sub-Contracted: ________

Submitted by:

(Contractor's Signature)

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SECTION E - BID BOND

KNOW ALL MEN BY THESE PRESENT, That we the undersigned, _____________________ _________________________________ as PRINCIPAL, and ________________________ _______________________________ as SURETY are held and firmly bound unto the City of Wichita Falls, Texas, (hereinafter called the Obligee), in the penal sum of _____________ _______________________________________________ Dollars ($___________________), lawful money of the United States for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid, dated _____________________, 20___ for the _________

NOW THEREFORE, if the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or, if no period be specified, within ninety (90) days after the said opening, and shall within the period specified therefore, or if no period be specified within fourteen (14) calendar days after the prescribed forms are presented to him for signature, enter into a written contract with the City of Wichita Falls, Texas, in accordance with the Bid as accepted, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance and proper fulfillment of such Contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond or bonds within the time specified, if the Principal shall pay the Obligee the difference, not to exceed the penalty hereof between the amount specified in said Bid, and the larger amount for which the Local Public Agency may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.

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IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this the _______ day of _______________, 20___, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

In presence of:

Principal Surety

By By

(S E A L) Address

S E A L

(If Corporation)

NOTE: Attach Power of Attorney

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THIS PAGE LEFT BLANK ON PURPOSE

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SECTION G - NOTICE OF AWARD

TO:

Project Description: 2026 Seal Coat Project, CWF26-100-05, the seal coat surface treatment of various City streets, and associated work.

The OWNER has considered the bid submitted by you for the above described work in response to its Notice to Bidders and Instructions to Bidders.

You are hereby notified that your bid has been accepted in the amount of $ ______________.

You are required to execute the contract and furnish the required Contractor's Performance and Warranty, and Payment Bonds within fourteen (14) calendar days from the date of this notice to you.

If you fail to execute said contract and to furnish said bonds within fourteen (14) calendar days from the date of this notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your bid as abandoned and as a forfeiture of your Bid Bond.

The OWNER will be entitled to such other rights as may be granted by law.

ACCEPTANCE OF NOTICE:

Please return an acknowledged copy of this Notice of Award to the OWNER.

this ____ day of ____, 20__

City Engineer

City of Wichita Falls Owner Receipt of the above NOTICE AWARD is hereby acknowledged by:

this ____ day of ____, 20__. _____ Signature

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SECTION H - CONTRACT

This agreement is made the _________ day of _______________________, ________ between the City of Wichita Falls, a Texas municipal corporation, herein known as “Owner” and_______________________________________________________________________ ___________________________, herein known as the “Contractor”. The Owner and the Contractor agree as set forth in the following:

1. Work. The Contractor shall perform the work as described and shown in the Contract Documents and Drawings for completion of the 2026 Seal Coat Project, CWF26-100-05, including furnishing all plant, labor, material, and equipment, and performing all work required for the Project at the Contractor’s own cost and expense. Unless otherwise specified in a Contract Document, each instruction and requirement in that Contract Document shall be considered to be directed at the Contractor.

2. Contract Documents. The Contract Documents may only be altered, amended or modified as provided in the general conditions. The Contract Documents include this contract, the drawings, the specifications, the instructions to bidders & addenda, the contractor’s bid or proposal, the general, special, and technical conditions, any supplemental changes, amendments, and agreements pertaining to this project or the materials therefore, the performance and payment bonds, the Supplemental Conditions, the Public Works Construction Standards – North Central Texas, August, 2023 in effect at the time of the advertisement for bids (hereinafter known as the “NCTCOG Specs”), as modified by the Supplemental Conditions, and any additional documents incorporated by reference in this or any of the aforementioned documents.

3. Contract Time. Time is of the essence to the performance of this contract. In accordance with Section 108.8.1 of the NCTCOG Specs, the Contractor shall fully perform and complete the 2026 Seal Coat Project, CWF26-100-05, within ninety (90) calendar days from the date of the Notice to Proceed. If the Contractor fails to fully complete the Project within the aforementioned number of calendar days, then the Owner may deduct, from the money due to the Contractor, the amount of $500.00 for each calendar day of delay in completion of the Work, subject to extensions of time as described in the Contract Documents. Contractor agrees that these liquidated damages amount is not excessive and is not a penalty, but instead is an amount based on a reasonable forecast of damage to be suffered. If the amount calculated in accordance with this paragraph differs from the amount calculated from Schedule 108.1.1(a) of the NCTCOG Specs, then the amount calculated under this paragraph shall control.

4. Contract Price. The Owner shall pay the Contractor for completion of the work in accordance with the Contract Documents and the Contractor’s Proposal. The stated amount of this contract is $__________________, but the actual amounts payable hereunder will be calculated in accordance with the Contract Documents, unit price determinations, bid amounts, and contract quantities actually delivered and installed.

5. Waiver of Attorneys’ Fees. If any action at law or in equity is necessary to enforce this agreement, each party agrees to pay its own attorneys’ fees and will not seek to recover its own attorneys’ fees from the other party. Contractor understands that Texas Local Government Code subchapter I, § 271.153(a)(3) provides that the total amount of money awarded in an adjudication brought against a governmental entity for breach of a contract includes attorneys’

H-2 fees. Both contractor and the Owner expressly waive all statutory and other rights to recover attorneys’ fees pursuant to in § 271.153(a)(3) and all other law.

6. Waiver of Damages. Contractor acknowledges that Texas Local Government Code subchapter I, § 271.153(a)(1) provides that the total amount of money awarded in an adjudication brought against a governmental entity for breach of a contract brought under subchapter I includes any amount owed as compensation for the increased cost to perform the work as a direct result of Owner-caused delays or acceleration. Contractor expressly waives its statutory rights as outlined by § 271.153(a)(1) and agrees that it will not seek to recover from Owner any amount owed as compensation for the increased cost to perform the work as a direct result of Owner-caused delays or acceleration. Contractor further indemnifies Owner for any action that Contractor pursues for any increased cost to perform work allegedly caused by “owner-caused delay or acceleration”, except to the extent Owner voluntarily agrees to pay such increased cost through a written change order to these contract documents and specifies such costs in the written change order.

7. Miscellaneous. The Owner may, at its option, offset any amounts due and payable under this contract against any debt (including taxes) lawfully due to the Owner from Contractor, regardless of whether the amount due arises pursuant to the terms of this contract or otherwise and regardless of whether or not the debt due to Owner has been reduced to judgment by a court. No assignment by either the Contractor of any rights under or interests in the Contract Documents will be binding on the Owner without the Owner’s written consent, and the Owner, in its sole discretion, may deny such consent. The Owner and Contractor each bind themselves and their partners, successors, assigns, and legal representatives hereto to the obligations contained in the Contract Documents. Notices pursuant to this contract may be distributed to the address of the Contractor shown below.

8. Governmental Function Clause. All parties agree that this contract is one that pertains solely to a governmental function taken by or on behalf of the City of Wichita Falls. All parties expressly agree that the City is not engaging in any propriety functions.

9. Venue. Venue shall reside exclusively in Wichita County, Texas.

10. Contractual Damages Limitation. The City is not liable for consequential damages, exemplary damages, or damages for unabsorbed home office overhead.

H-3

IN WITNESS WHEREOF, the parties have caused this contract to be executed by their duly authorized officials in one original copy on the date first above written. Additional copies of the original contract will be distributed to all appropriate parties.

City of Wichita Falls ___________________________________ (Owner) (Company Name)

(Owner) Signature (Contractor) Signature

Jeffery Jenkins, City Manager ____________________________________ (Printed Name & Title) (Printed Name & Title)

(Seal) (Seal)

ATTEST: ATTEST:

(Signature) (Signature)

Marie Balthrop, City Clerk ____________________________________ (Printed Name & Title) (Printed Name & Title)

APPROVED AS TO FORM: Contractor’s Contact Person and Address for

Receipt of Notice Pursuant to this Contract:

City Attorney

Owner’s Contact Person and Address for Receipt of Notice Pursuant to this Contract ____________________________________

Director of Engineering City of Wichita Falls P.O. Box 1431 Wichita Falls, TX 76307

Certification of No Boycott

Effective Date: 9/1/2021

No Boycott Israel If Contractor/Vendor is a “Company”, as that term is defined in Section 808.001 of the Texas Government Code and is not a sole proprietorship, then Contractor/Vendor certifies and verifies that it: (i) does not boycott Israel and (ii) will not boycott Israel during the term of the Purchase Order or Contract this Certification is attached to and incorporated into; or (iii) that it meets the requirements of an exception listed below.

Form requirements:

• This certification is required by Texas Government Code § 2271.002.

• This form is required to be attached to and is incorporated into all Purchase Orders (goods) and Contracts (services) with a value of $100,000 or more that is paid in whole or in part with state funds with a company with 10 or more full time employees. The campus department making the purchase of goods or contracting for services is responsible for obtaining the form from the Vendor or Contractor.

Texas Government Code §808.001 states that "Boycott Israel" means “refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes”. Furthermore, Texas Government Code §808.001 states that the term “Company” means a “for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit”, provided however that Texas Government Code §2271.001(2) excludes sole proprietorships from this definition of “Company”.

Vendor/Contractor Name or Company Name

Street Address

City

State

Zip Code

Phone Number

Printed Name of Authorized Representative

Title of Authorized Representative

Signature of Authorized Representative

Date

ONLY COMPLETE THIS SECTION IF YOU BELIEVE YOU ARE NOT REQUIRED TO PROVIDE THE

CERTIFICATION - No Boycott Israel - FOR THE REASONS CITED BELOW

My business is not required to provide the certification listed above because (select one):

My business is not a for-profit “Company” as defined above, pursuant to Texas Government Code §808.001 and §2271.001.

My Company has less than 10 full-time employees This is not an agreement for goods or services to be provided to the City.

Name Signature Date

No Boycott Energy Company If Contractor/Vendor is a “Company”, as that term is defined in Section 809.001 of the Texas Government Code and is not a sole proprietorship, then Contractor/Vendor certifies and verifies that it: (i) does not boycott energy companies and (ii) will not boycott energy companies during the term of Purchase Order or Contract this Certification is attached to and incorporated into; or (iii) that it meets the requirements of an exception listed below.

• This certification is required by Texas Government Code § 2274.002.

• This form is required to be attached to and is incorporated into all Purchase Orders (goods) and Contracts (services) with a value of $100,000 or more that is paid in whole or in part with state funds with a company with 10 or more full time employees. The campus department making the purchase of goods or contracting for services is responsible for obtaining the form from the Vendor or Contractor.

Texas Government Code §809.001(1) states that "Boycott energy company" means “without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A)”. Furthermore, Texas Government Code §809.001(2) states that the term “Company” means a “for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit”, provided however that Texas Government Code §2274.001(2) excludes sole proprietorships from this definition of “Company”.

CERTIFICATION - No Boycott Energy Company - FOR THE REASONS CITED BELOW

My business is not required to provide the certification listed above because (select one):

My business is not a for-profit “Company” as defined above, pursuant to Texas Government Code §809.001(2) and §2274.001(2).

No Discrimination against Firearm and Ammunition Industries If Contractor/Vendor is a “Company”, as that term is defined in Section 2274.001 of the Texas Government Code and is not a sole proprietorship, then Contractor/Vendor certifies and verifies that it: (i) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (ii) will not discriminate against a firearm entity or firearm trade association during the term of the Purchase Order or Contract this Certification is attached to and incorporated into; or (iii) that it meets the requirements of an exception listed below.

• This certification is required by Texas Government Code § 2274.002.

• This form is required to be attached to and is incorporated into all Purchase Orders (goods) and Contracts (services) with a value of $100,000 or more that is paid in whole or in part with state funds with a company with 10 or more full time employees. The campus department making the purchase of goods or contracting for services is responsible for obtaining the form from the Vendor or Contractor.

Texas Government Code §2274.001(3) states that " discriminate against a firearm entity or firearm trade association " means “with respect to the entity or association, to: (i) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (ii) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (iii) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association”. Furthermore, Texas Government Code §2274.001(2) states that the term “Company” means a “a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or associations that exists to make a profit. The term does not include a sole proprietorship.”

CERTIFICATION - No Discrimination against Firearm and Ammunition Industries - FOR THE REASONS CITED BELOW

My business is not required to provide the certification listed above because (select one):

My business is not a for-profit “Company” as defined above, pursuant to Texas Government Code §2274.001(2).

I-1

SECTION I - PERFORMANCE AND WARRANTY BOND

THE STATE OF TEXAS

COUNTY OF WICHITA SURETY'S NO: ________________________

KNOW ALL MEN BY THESE PRESENTS, THAT ______________________________

{hereinafter called the Principal(s)}, as Principal(s), and _______________________________________________________________________ {hereinafter called the Surety(s)}, as Surety(s), are held and firmly bound unto the City of Wichita Falls, Texas, a home rule municipal corporation of WICHITA County, Texas, (hereinafter called the Obligee), in the amount of ___________________________________ _______________________________________________ Dollars ($_________________), for the payment whereof the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _____ day of ______________, 20___, to

, specifically including in the scope of this work and bond, the additional SPECIAL WARRANTY provisions set forth in the contract documents, which contract is hereby referred to and made a part hereof as fully and to the same extent as if copies at length herein, as well as the Principal's primary obligation to perform according to plans and specifications.

NOW, THEREFORE, the condition of this obligation is such, that if the said Principal shall faithfully perform the work in accordance with the contract documents, including any addendum thereto, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED further that if any legal action be filed upon this Bond venue shall lie in Wichita County, State of Texas.

Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed hereunder, or the plans, specifications or drawings accompanying the same, or any assignment of the contract as may be provided for the instructions to bidders, shall in anywise affect its obligation on this Bond, and it does waive notice of any such change, extension of time, alteration or addition to the terms of the contract, assignment thereof, or to the work to be performed hereunder.

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

By By

Address: Address:

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SECTION J - PAYMENT BOND

THE STATE OF TEXAS

COUNTY OF WICHITA SURETY'S NO:

KNOW ALL MEN BY THESE PRESENTS: That _________________________ of the City of _____________________ County of _________________ and State of as Principal, and , ____________________________________________, as Surety, are held and firmly bound unto the City of Wichita Falls, Texas, a home rule municipal corporation of Wichita County, Texas, as obligee, in the amount of _________________________________________________ Dollars ($________________), for the payment whereof the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _____day of ______________, 20___, to ________________________________, ______________________, which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, the condition of the obligation is that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be null and void; otherwise, it is to remain in full force and effect.

PROVIDED further that if any legal action be filed upon this Bond venue shall lie in Wichita County, State of Texas.

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

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

By By:

Address: Address:

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SECTION K - NOTICE TO PROCEED

TO: DATE:

PROJECT: 2026 Seal Coat Project

CWF26-100-05

You are hereby notified to commence work in accordance with the contract dated __________________, on or before ________________, and you are to complete the work within __________________ ( ) consecutive calendar days thereafter. The date of completion of all work is therefore _____________, 20__.

City of Wichita Falls

(Owner)

By

Shanice Robinson, P.E.

Title Assistant City Engineer__

ACCEPTANCE OF NOTICE:

Receipt of the above Notice to Proceed is hereby acknowledged by this the _____ day of ______________, 20___

By

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SECTION L - SUPPLEMENTAL CONDITIONS

1.0 General: These Supplemental Conditions modify or expand the General Provisions found in the Public Works Construction Standards – North Central Texas, August, 2023 published by and available through the North Central Texas Council of Governments. It is the intent of the Owner that these documents should be viewed together.

2.0 Modification of Existing Sections: Item numbers below correspond to item numbers in the General Provisions. This section contains modifications or additions to the existing items.

Item 101. Definitions

Add the following definitions to those listed:

Advertisement: When the word advertisement is used, it shall be interpreted to mean the Notice to Bidders, duly signed and published.

Certificate of Construction Completion/Final Acceptance: A document, issued to the Contractor, constituting a representation on the part of City staff to the Director of Engineering of the City of Wichita Falls, Texas; that, in the opinion of staff, the referenced project has been completed in general accordance with the Contract Documents on a specified date; and that, furthermore, final payment on the project as modified is due. The Certificate of Construction Completion/Final Acceptance states a date upon which, in the opinion of staff, the project was complete and thus time charges should cease. The Contractor should note that it is the Director of Engineering of the City of Wichita Falls, Texas, which actually accepts the project.

General Provisions: Division 100 of the Public Works Construction Standards – North Central Texas, August, 2023 published by and available through the North Central Texas Council of Governments as amended and revised and incorporated documents thereto.

Notice to Proceed: A written notice, delivered in accordance with the definition of NOTICE, to the address indicated in the Contract Document stating the date by which work on the Contract must begin.

Standard Specifications: When referenced in general terms, the entire Standard Specifications for Public Works Construction published by and available through the North Central Texas Council of Governments; when referenced in specific, division numbers 100 through 900 of that documents as amended and revised and incorporated documents thereto.

Superintendent: The authorized representative of the Contractor.

Supplemental Agreement: A written agreement between the parties of the contract covering alterations and unforeseen work incidental to the project.

Substantially Completed: By the term "substantially completed" is meant that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment.

Work Order: Same as Notice to Proceed.

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Replace Definition of Contract or Contract Documents with the following:

Contract or Contract Documents: The written agreement covering the performance of work.

The contract and contract documents include the notice to bidders; instructions to bidders; bid proposal form; addendum; Public Works Construction Standards, August, 2023 Edition, as published by and available through the North Central Texas Council of Governments; these Supplemental Conditions; the Special Conditions (if any); the Supplemental Specifications (if any); Federal Requirements Section (if any); Project Specific Special Requirements and Specifications (if any); plans and/or working drawings (if any) and any supplemental changes or agreements pertaining to the work or materials thereof; bonds; and any additional documents incorporated by reference in the above.

The following legal holidays are listed to supplement the definition of "Working Days":

New Year's Day Martin Luther King Jr. Day President’s Day Memorial Day Juneteenth Independence Day Labor Day Veteran’s Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day

Add the following abbreviations to those listed:

ASCE American Society of Civil Engineers HI Hydraulic Institute Asph Asphalt GI Galvanized Iron SF Square Feet CF Cubic Feet MGD Million Gallons per Day @ At

Item 102 Proposal Form

Add the following paragraphs to this section:

The Owner shall make available to the bidders additional, unbound copies of the Bid proposal form for use in submitting of the bids at the bidder’s request. Notwithstanding the Measurement and Payment section of the technical specifications, unless otherwise modified by a written change order to the contract, the pay items outlined in the bid proposal form shall be the only pay items used for compensation to the Contractor for a completed project as shown in the Contract Documents. All work not specifically described as a payment item required to produce a fully functional and warranted project as shown and specified shall be considered subsidiary to the various pay items listed in the bid proposal form.

Item 102.5. Proposal Guaranty

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Modify the first paragraph in this section to allow the use of a certified check as bid surety.

Modify language throughout to indicate that statements referring to cashier's checks also apply to certified checks.

Item 103.3 Surety Bonds

Replace paragraph 103.3.1.4. Bond Amounts Based on Contract Amount to add the following provisions for contracts greater than $50,000:

If the amount of the contract, including OWNER – accepted alternates and allowances, if any, is greater than $50,000, Performance and Payment Bonds in 100% of the Contract amount are mandatory and shall be provided by the bidder receiving the award. If the Contract amount is less than $50,000, the bidder receiving the award may elect not to provide Performance and Payment Bonds.

Item 103.4. Insurance

Modify paragraph 103.4.1.2. Commercial General Liability, to add the following provision for contracts less than $25,000:

AMOUNT OF CONTRACT LESS THAN $25,000:

General Aggregate $250,000

Modify Item 103.4.1.1 to add the following paragraph:

Item 103.4.1.1 Worker’s Compensation Insurance Coverage.

A. Certificate of coverage ("certificate") - A copy of certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project.

Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity.

Persons providing services on the project ("subcontractor" in 406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling or delivering equipment or materials, or providing labor, transportation or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory

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C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.

D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended.

E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity:

(1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and

(2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.

G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provisions of coverage of any person providing services on the project.

H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.

I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to:

(1) Provide coverage, based on proper reporting of classification codes and payroll amount and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project;

(2) Provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project;

(3) Provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

(4) Obtain from each other person with whom it contracts, and provide to the contractor:

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a. A certificate of coverage, prior to the other person beginning work on the project;

a…