Bid_Specifications.pdf

CITY OF WAXAHACHIE, TEXAS

SPECIFICATIONS AND CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF

NORTHGATE DRIVE AT US 77 INTERSECTION IMPROVEMENTS

Prepared by

TEAGUE NALL AND PERKINS, INC.

5237 N. RIVERSIDE DRIVE, SUITE 100

FORT WORTH, TEXAS 76137

TX-PELS: ENGR F-230; SURV 10011600, 10011601 & 10194381

GA-PELS: PEF007431; TX-AE: BR 2673

December 2023

JESSICA L. HILSCHER

130328

01/08/2024

TABLE OF CONTENTS

NORTHGATE DRIVE AT US 77 INTERSECTION IMPROVEMENTS

Notice to Bidders

Instruction to bidders

Proposal and bid form

Qualification Statement of Bidders

Contract Agreement

Bid Bond

Certificate of Insurance

Performance Bond

Payment Bond

Maintenance Bond

Vendors Compliance with State Law

Conflict of Interest Questionnaire

Form 1295 Instructions- Certificate of Interested Parties

Form 2270

Wages Rates

Special Provisions

NOTICE TO BIDDERS

Sealed bids will be received at the Office of the City Secretary, on the 3rd Floor of the Charles

Beatty Municipal Services Building, 408 S. Rogers, Waxahachie, TX 75165 until 2:00 PM January 31, 2024.

Please use the elevator to access the 3rd floor of the Charles Beatty Municipal Services Building. The staircase adjacent to the elevator does not go to the 3rd floor of the building. Bids will then be publicly opened and read, for furnishing all labor, material, and equipment, and performing all work required for

NORTHGATE DRIVE AT US 77 INTERSECTION IMPROVEMENTS project for the City of Waxahachie.

A non-mandatory pre-bid meeting will be held at 2:00pm on Tuesday, January 16th, 2024. The pre-construction meeting will be held via Microsoft Teams (Teams Meeting Link) on January 16th at 2:00pm.

The pre-construction meeting ID will be: 274 934 301 903, and the passcode will be: fCnTXs

This project generally includes traffic signal improvements, pedestrian signal improvements, and approximately 276 SY of concrete paving improvements at the intersection of Northgate Drive and US 77.

Proposals shall be accompanied by a cashier’s or certified check upon a national, state bank or savings and loan in an amount not less than five percent (5%) of the total maximum bid price, payable without recourse to the City of Waxahachie, or a bid bond in the same amount from a reliable surety company, holding a permit from the State of Texas to act as surety, as a guarantee that the bidder will enter into a contract and execute performance bond and payment bond within ten (10) days after notice of award of contract to him. The Owner will attempt to award the Contract within ninety (90) days following the opening of bids.

The lower bidder must qualify within five working days after bid opening by submitting evidence as the City of Waxahachie may require as necessary to establish the financial responsibility, experience, and possession of such equipment as may be needed to prosecute the work in an expeditious, safe, and satisfactory manner. Should the bidder fail to produce evidence satisfactory to the City as stipulated in the specifications on any of the foregoing points, he may be disqualified and the work awarded to the next bidder so qualifying.

The successful bidder must furnish a Performance bond, a Material and Labor Payment Bond, all upon the form provided in the amount of 100% of the contract price, and a 2-year Maintenance Bond provided in the amount of 25% of the contract price, from an approved surety company holding a permit from the State of Texas to act as surety or other sureties acceptable to the Owner.

The right is reserved, as the interest of the Owner may require, to reject any and all bids, and to waive any informality in bids received.

Plans, specifications, and bidding documents may be examined or downloaded online from opengov.com at https://procurement.opengov.com/portal/waxahachie-tx. All official notifications, addenda and other documents will be offered only through this procurement website.

CITY OF WAXAHACHIE, TEXAS

By s/ David Hill

David Hill, Mayor

Advertisement dates: January 10th, 2024 & January 17th, 2024.

https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_YzFhNGNhOTktYTc1MS00MGZhLThhNWMtZDBkZWY5MDcwNzAy%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227eb99bf7-76a1-4f93-9d39-898a305b6a58%2522%252c%2522Oid%2522%253a%2522bf3e5ca7-f4e9-444e-9c82-061283065945%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=b8cf1971-3972-4436-a526-02795378c751&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true

SPECIAL INSTRUCTIONS TO BIDDERS

1. BID SECURITY:

A CASHIER'S CHECK, certified check or acceptable bidder's bond made payable to the City of

Waxahachie, Texas, in an amount of 5% of the bid submitted must accompany each bid as a guarantee that if awarded the contract, the bidder will promptly enter into a contract and execute such bonds as are required.

2. WORKMEN'S COMPENSATION INSURANCE COVERAGE:

A certificate of coverage as defined in SP-6 of the Special Provisions must accompany each bid.

3. QUALIFICATION OF BIDDERS:

No prequalification of bidders is required. However, in consideration of the bids, the Owner may require bidders to furnish written experience record, and a financial statement. The Owner reserves the right to use these items of data to influence a decision as to award of contract. Bidders need not submit a statement of experience and financial condition unless requested to do so by the Owner.

4. WAGE RATES:

Attention is called to the fact that not less than the prevailing wage rates as hereinafter set forth in the

Contract Documents, which are made a part hereof, must be paid on this project.

5. BONDS:

A performance bond and a payment bond, each in the amount of not less than one hundred (100%) percent of the contract price, conditioned upon the faithful performance of the contract and upon payment of all persons supplying labor or furnishing materials, will be requested. A maintenance bond shall be in amount of not less than ten (10%) percent of the contract price, conditioned upon the faithful performance of the contract and upon payment of all persons supplying labor or furnish materials, will be requested.

6. CONFLICT OF INTEREST QUESTIONNAIRE:

Bidder shall complete Conflict of Interest Questionnaire contained within the Contract Documents and with the Bidder’s Proposal.

7. ELECTRONIC BID FORMS:

Computer-generated pages of the bid form may be used in lieu of the Bid Form provided. This option is provided for the convenience of the Bidder.

The use of an electronic Bid Form shall not contain added wording intended to modify or amend the wording in the Owner’s Bid Form, or the provisions of the Contract Documents, including the plans, specifications, or Special Conditions. All bid items, bid amounts (unit prices and extended totals), subtotals, and total bid must be submitted, and the risk of error, omission, or failure to include each in accordance with the Owner’s final published Bid Form shall be borne solely by the Bidder; and in the event that the electronic bid form is not provided in accordance with the Owner’s final published

Bid Form, the bid shall be declared non-responsive.

The Bidder shall provide the following disclaimer on the electronic bid form; otherwise, the bid will be considered non-responsive and rejected:

certifies that the Bid Item Number, Specification Item, Name of Pay Item, Estimated Quantity, Unit, Unit Price Bid, and Amount Bid shown on this electronic bid form for all of the bid items contained in this Bid Form are consistent with the Bid Form provided herein, and that its bid will be tabulated using these Unit Prices and no other information from this electronic bid form.

The Company further acknowledges and agrees the Total Bid Amount shown will be read as its

Total Bid and further agrees that the official Total Bid Amount will be determined by multiplying the Unit Prices shown in the electronic bid form by the respective estimated quantities shown in the

Bid Form and then totaling all of the extended amounts.

Electronic bids will not be accepted unless accompanied by a hard copy with required signatures and as long as all legal and bid requirements are met.

The Owner reserves the right to reject any or all bids and to waive any irregularities or formalities.

The Contractor accepts all risks associated with bidding in this manner. It is understood and agreed that the bid may not be withdrawn once the bid-opening process has begun.

THIS BID IS SUBMITTED TO:

City of Waxahachie, Charles Beatty Municipal Services Building Attention: City Secretary 408 S. Rogers, 3rd floor Waxahachie, Texas 75165

The Undersigned Bidder proposes to complete the work as shown on the Plans and described in the specifications for the following prices:

BASE BID -

1 1 LS SITE PREPARATION & MOBILIZATION $______________ $______________

2 1 LS EROSION CONTROL $______________ $______________

3 432 SY REMOVE EXISTING PAVEMENT $______________ $______________

4 276 SY 8" REINFORCED CONCRETE PAVEMENT $______________ $______________

5 311 SY 8" SUBGRADE STABILIZATION $______________ $______________

6 7 TON LIME FOR STABILIZATION (48 LBS/SY) $______________ $______________

7 193 SY 7" CONCRETE COMMERCIAL DRIVE APPROACH $______________ $______________

8 317 LF 6" MONOLITHIC CURB $______________ $______________

9 942 SF 4" CONCRETE SIDEWALK $______________ $______________

10 3 EA TYPE-7 CURB RAMP $______________ $______________

11 11 LF DRILL SHAFT (TRF SIG POLE) (30 IN) $______________ $______________

12 50 LF CONDT (PVC) (SCHD 40) (3") $______________ $______________

Amount Bid Item No.

Estimated Quantity

Unit Item Description Unit Price

DO NOT REMOVE FROM THIS DOCUMENT

City of Waxahachie Northgate Drive at US 77 Intersection Improvements

PROPOSAL

P - 1 Proposal

Amount Bid Item No.

Estimated Quantity

Unit Item Description Unit Price

13 80 LF ELEC CONDR (NO. 12) INSULATED $______________ $______________

14 200 LF ELEC CONDR (NO. 8) INSULATED $______________ $______________

15 50 LF ELEC CONDR (NO. 6) BARE $______________ $______________

16 650 LF TRAY CABLE (3 CONDR) (#12 AWG) $______________ $______________

17 10.5 SF ALUMINUM SIGNS (TY A) $______________ $______________

18 1 EA INSTALL HWY TRAF SIG (UPGRADE) $______________ $______________

19 3 EA VEH SIG SEC (12") LED (GRN) $______________ $______________

20 2 EA VEH SIG SEC (12") LED (GRN ARW) $______________ $______________

21 3 EA VEH SIG SEC (12") LED (YEL) $______________ $______________

22 4 EA VEH SIG SEC (12") LED (YEL ARW) $______________ $______________

23 3 EA VEH SIG SEC (12") LED (RED) $______________ $______________

24 2 EA VEH SIG SEC (12") LED (RED ARW) $______________ $______________

25 1 EA PED SIG SEC (LED) (COUNTDOWN) $______________ $______________

26 3 EA BACKPLATE W/REF BRDR(3 SEC)(VENT)ALUM $______________ $______________

27 2 EA BACKPLATE W/REF BRDR(4 SEC)(VENT)ALUM $______________ $______________

28 86 LF TRF SIG CBL (TY A) (14 AWG) (5 CONDR) $______________ $______________

P - 2 Proposal

No.

Estimated Quantity

Unit Item Description Unit Price

29 67 LF TRF SIG CBL (TY A) (14 AWG) (7 CONDR) $______________ $______________

30 345 LF TRF SIG CBL (TY A) (14 AWG) (12 CONDR) $______________ $______________

31 115 LF TRF SIG CBL (TY C) (12 AWG) (2 CONDR) $______________ $______________

32 1 EA INS TRF SIG PL AM (S) 1 ARM (32') LUM&ILSN $______________ $______________

33 1 EA PEDESTAL POLE ASSEMBLY $______________ $______________

34 1 EA REMOVE PED POLE ASSEMBLY $______________ $______________

35 1 EA PED DETECT PUSH BUTTON (APS) $______________ $______________

36 1 EA REMOVAL OF SIGNAL HEAD ASSM $______________ $______________

37 3 EA REMOVAL OF SIGNAL RELATED SIGNS $______________ $______________

38 1 EA REMOVAL OF SIGNAL POLE ASSM $______________ $______________

39 625 LF CONDUIT (PREPARE) $______________ $______________

40 3 EA GROUND BOX (PREPARE) $______________ $______________

41 1 EA VIVDS CAM ASSY FXD LENS $______________ $______________

42 175 LF VIVDS CABLING $______________ $______________

43 2 EA UNI-DIRECTIONAL OPTICOM DETECTOR $______________ $______________

44 336 LF OPTICOM DETECTOR CABLE $______________ $______________

45 4 EA ILLUMINATED STREET NAME SIGNS $______________ $______________

46 1 LS PAVEMENT STRIPING $______________ $______________

P - 3 Proposal

No.

Estimated Quantity

Unit Item Description Unit Price

47 70 CY UNCLASSIFIED EXCAVATION $______________ $______________

48 204 SY PARKWAY RESTORATION $______________ $______________

49 204 SY SOD WITH TOPSOIL $______________ $______________

50 1 LS TRAFFIC CONTROL $______________ $______________

TOTAL BASE BID $______________________________

Submitted on ____________________, 20__.

Individual Partnership Corporation

Firm Name

By: ______________________________________________ Typed or Printed

SIGNATURE______________________________________

TITLE___________________________________________

ADDRESS________________________________________

TELEPHONE______________________________________

P - 4 Proposal j:\clerical\wax\2020-127 asphalt street rehab 2020\specs\tech-spec\09-qualification statement.doc - 1 - Qualification Statement

QUALIFICATION STATEMENT OF BIDDERS

SUBMITTED TO: City of Waxahachie

Reviewed by:

Date Received:

Contractor:

CIRCLE ONE: Sole Proprietor Partnership Corporation Joint Venture

Name: Partner:

Address: Address:

City: City:

Phone: Phone:

PRINCIPAL PLACE OF BUSINESS: PRINCIPAL PLACE OF BUSINESS:

County State County State

IF THE CONTRACTOR IS A CORPORATION, FILL OUT THE FOLLOWING:

State of Incorporation:

Location of Principal Office:

Contact Persons at Office:

PERSON EXECUTING CONTRACTS ON BEHALF OF CORPORATION:

Name: Address:

Title:

Phone: City State Zip Email:

Names of Officers: (If Applicable)

LIST NUMBER OF EMPLOYEES WORKING FOR CONTRACTOR:

LIST ALL EQUIPMENT TO BE USED ON THIS PROJECT: (PLEASE USE ATTACHMENT)

NUMBER OF YEARS IN BUSINESS AS A GENERAL CONTRACTOR ON PROJECTS SIMILAR

TO THIS PROJECT:

TYPE(S) OF WORK COMPLETED: (CIRCLE)

Asphalt Paving Storm Sewer

Concrete Paving Earth Work

Channel Lining Water & Sanitary Sewer Lines

Concrete Inlets/Boxes j:\clerical\wax\2020-127 asphalt street rehab 2020\specs\tech-spec\09-qualification statement.doc - 2 - Qualification Statement

Other:

COMMENTS:

LIST RECENTLY COMPLETED PROJECTS OF THE TYPE OF WORK QUALIFYING FOR

OR SIMILAR WORK, PLUS THE FOLLOWING INFORMATION FOR EACH PROJECT:

Project:

Owner/Engineer:

Year Built: Contract Price: $

Contact Person: Phone:

(USE ATTACHMENTS IF NECESSARY)

j:\clerical\wax\2020-127 asphalt street rehab 2020\specs\tech-spec\09-qualification statement.doc - 3 - Qualification Statement

LIST CURRENT PROJECTS UNDER CONSTRUCTION, PLUS THE FOLLOWING

INFORMATION FOR EACH PROJECT LISTED:

Percent Complete: % Contract Price: $

Contact Person: Phone:

(USE ATTACHMENTS IF NECESSARY)

IF COMPANY IS UNDER NEW MANAGEMENT, PLEASE LIST NAMES OF STAFF AND

QUALIFICATION AND/OR EXPERIENCE OF SAID PERSONS. (PLEASE USE ATTACHMENT.)

HAVE YOU OR ANY PRESENT PARTNER(S) OR OFFICER(S) FAILED TO COMPLETE A

CONTRACT? _____

IF SO, NAME OF OWNER AND/OR SURETY:

CONTACT PERSON: PHONE:

ARE THERE ANY UNSATISFIED DEMANDS UPON YOU AS TO YOUR ACCOUNTS

PAYABLE? Yes No

IF SO, GIVE NAMES, AMOUNTS, AND EXPLANATIONS:

j:\clerical\wax\2020-127 asphalt street rehab 2020\specs\tech-spec\09-qualification statement.doc - 4 - Qualification Statement

BANK REFERENCE: Bank:

Address:

City: State: Zip:

Contact Person:

Phone:

MUNICIPALITY REFERENCE: City:

Contact Person: Position:

Address: Phone:

In compliance with Invitation to Bid for above mentioned types of projects, the undersigned is submitting the information as required with the understanding that the purpose is only to assist in determining the qualifications for this organization to perform the type and magnitude of work designated, and further, guarantee the truth and accuracy of all statements made, and will accept your determination of qualifications without prejudice. The surety herein named, any other bonding company, bank, sub-contractor, supplier, or any other person(s), firm(s) or corporations with whom I (we) have done business, or who have extended any credit to me

(us) are hereby authorized to furnish you with any information you may request concerning performance on previous work and my (our) credit standing with any of them; and I (we) hereby release any and all such parties from any legal responsibility whatsoever on account of having furnished such information to you.

Signed: Title:

Company: Date:

COPY TO LOCAL UNDERWRITING OFFICE OF PROPOSED SURETY

Name: Phone:

Address: City: State:

j:\clerical\wax\2020-127 asphalt street rehab 2020\specs\tech-spec\09-qualification statement.doc - 5 - Qualification Statement

QUALIFICATION STATEMENT OF BIDDER'S SURETY

SUBMITTED TO: City of Waxahachie

BIDDER:

ADDRESS:

PHONE:

1. Has this surety furnished contract bonds on contracts now complete?

2. Has this surety furnished contract bonds on contracts now incomplete?

3. What is the maximum bonding capacity of this Contractor?

4. Is the current financial information on this Contractor satisfactory?

5. Does information obtained indicate accounts are paid when due?

If not, give details:

6. Is it your opinion that the bidder has sufficient experience and financial resources to satisfactory perform the contract?

7. Provided this bidder does not assume other commitments or that you do not acquire further information that in your opinion will materially affect the bidder's capacity to perform this contract, will you furnish the bonds as specified?

REMARKS:

SURETY:

SIGNED:

TITLE:

ADDRESS:

CITY: STATE: ZIP:

PHONE:

(IN DUPLICATE)

AG-1 Agreement

AGREEMENT

STATE OF TEXAS :

COUNTY OF ELLIS :

THIS AGREEMENT, make and entered into this ____day of _____________, A.D., 20___, by and between the City of Waxahachie, a municipal corporation of the County of Ellis and State of Texas, acting through its City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and of the City of , County of , and State of Texas, Party of the Second Part, hereinafter termed CONTRACTOR.

WITNESSETH: That for and in consideration of the payments and agreements, hereinafter mentioned, to be made and performed by the Party of the First Part

(OWNER), Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER), to commence and to complete the construction of certain improvements described as follows:

And all extra work in connection therewith, under the terms as stated in the

General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the proposal attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints and other drawings and printed or written explanatory matter thereof, and the specifications therefor, and the bonds (if required) hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract.

The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to complete same within 90 days after the date of the written notice to commence work.

The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefor, subject to additions and deductions as provided in the General Conditions of the agreements and to make payments on account thereof as provided therein.

AG-2 Agreement

IN WITNESS WHEREOF, the Parties to these presents have executed this agreement in the year and day first above written.

Party of the First Part Party of the Second Part

(OWNER) (CONTRACTOR)

City Manager

ATTEST: ATTEST:

City Secretary

(SEAL) (SEAL)

BB-1 Bid Bond

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, as PRINCIPAL, and as

SURETY are held and firmly bound unto the City of Waxahachie hereafter called the “City”, in the penal sum of dollars

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

THIS CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated , 20_____, for

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 thirty (30) days after the said opening, and shall within the period specified therefore, or if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature enter into a written Contract with the City in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the City the difference between the amount specified in said Bid and the amount for which the City may procure the required work or supplies or both, if the latter be in excess of the former, the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS THEREOF, the above-bound parties have executed this instrument under their several seals this _______ day of _________________________, 20_____, the name and corporate seal of each by its undersigned representative, pursuant to authority of its governing body.

(Principal) (Surety)

By: By:

(Name and Title) (Name and Title)

Address: Address:

(Seal) (Seal)

PFB-1 Performance Bond

PERFORMANCE BOND

THE STATE OF TEXAS § BOND NO. ____________

COUNTY OF Ellis § BOND EXECUTED IN SIX (6) ORIGINALS

KNOW ALL BY THESE PRESENTS:

THAT l of the City of , County of

State of hereinafter referred to as "PRINCIPAL," and

,a corporate surety/sureties organized under the laws of the State of and authorized to do business in the State of Texas, hereinafter referred to as "SURETY," (whether one or more), are held and firmly bound unto the CITY OF WAXAHACHIE, TEXAS, a municipal corporation located in Ellis County, Texas, hereinafter referred to as "CITY," in the amount of , lawful money of the United States, to be paid in

Waxahachie, Ellis County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, assigns, administrators and successors, jointly and severally; and firmly by these presents, the condition of this obligation is such that, WHEREAS, PRINCIPAL entered into a certain written Contract with the City of

Waxahachie dated the day of , 20 , a copy of which is attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of:

NORTHGATE DRIVE AT US 77 INTERSECTION

IMPROVEMENTS

in the City of Waxahachie, Texas, as more particularly described and designated in the above referenced contract such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word:

NOW THEREFORE,

If PRINCIPAL shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of the above referenced

Contract in accordance with the plans, specifications and Contract documents during the original term thereof, and any extension thereof which may be granted with or

PFB-2 Performance Bond without notice to SURETY, and during the life of any guaranty required under the

Contract, and shall also well and truly perform and fulfill all the covenants, terms, conditions and agreements of any and all authorized modifications of such Contract that may hereafter be made, notice of which modifications to SURETY being hereby waived, then this obligation shall be void, otherwise to remain in full force and effect;

and in case PRINCIPAL shall fail to do so, it is agreed that City may do such work and supply such materials and charge the same against PRINCIPAL and SURETY on this obligation, and PRINCIPAL and SURETY hereon shall be subject to the liquidated damages mentioned in the Contract for each day's failure on its part to comply with the terms and provisions of such Contract.

Provided, further, that if any legal action be filed on this Bond, venue shall lie in Ellis

County, Texas.

And, that SURETY, for value received, hereby 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, drawings, etc., accompanying same shall in any way affect its obligation on this Bond; and i t does hereby waive notice of any such change, extension of time, alteration or addition to the terms o f the Contract or to the work to be performed thereunder.

The undersigned and designated agent is hereby designated by SURETY as the agent resident in Ellis County to whom any requisite notice may be delivered and on whom service of process may be had in matters arising out of such suretyship.

IN WITNESS WHEREOF, this instrument is executed on this the day of , 20 .

WITNESS PRINCIPAL

Company

By By Signature Signature

Typed/Printed Name Typed/Printed Name

Title Title

Address Address

City State Zip City State Zip

PFB-3 Performance Bond

WITNESS SURETY

Company

By By Signature Signature

Typed/Printed Name Typed/Printed Name

Title Title

Address Address

City State Zip City State Zip

The Resident Agent of Surety is:

__________________________________ Name

__________________________________ Address

__________________________________ Telephone Number

(Accompany this bond with attorney-in-fact’s authority from the Surety Company certified to include the date of the bond.)

PB-1 Payment Bond

PAYMENT BOND

STATE OF TEXAS § BOND NO. ___________

COUNTY OF Ellis § BOND EXECUTED IN FIVE (5) ORIGINALS

KNOW ALL MEN BY THESE PRESENT: That of the City of , County of , State of , as principal, and ____________________________, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Waxahachie, Texas

(Owner), in penal sum of .

for the payment whereof, the said Principal and Surety themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents:

WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the ____ day of ____________, 20_____, to construct the

NORTHGATE DRIVE AT US 77 INTERSECTION

IMPROVEMENTS

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 CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void;

otherwise to remain in full force and effect;

PROVIDED, HOWEVER, that this bond is executed pursuant to the provision of V.T.C.A., Government Code Chapter 2253 as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein.

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

PB-2 Payment Bond

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

Principal Surety

By _______________________________ By _______________________________

Title ______________________________ Title ______________________________

Address ___________________________ Address ____________________________

The Resident Agent of Surety is:

__________________________________ Name

__________________________________ Address

__________________________________ Telephone Number

(Accompany this bond with attorney-in-fact’s authority from the Surety company certified to include the date of the bond.)

Maintenance Bond MB-1

MAINTENANCE BOND

STATE OF TEXAS § BOND NO. ___________

COUNTY OF ELLIS §

KNOW ALL MEN BY THESE PRESENT:

That , hereinafter referred to as “PRINCIPAL”, and , a corporate surety/sureties organized under the laws of the State of and authorized to do business in the State of Texas, hereinafter referred to as “SURETY” (whether one or more), are held and firmly bound unto the CITY OF WAXAHACHIE, TEXAS, a municipal corporation located in Ellis County, Texas, hereinafter referred to as “CITY”, in penal sum of

$ Dollars and Cents

($ ), in lawful money of the United States, which this amount is 25 % of the total contract amount, to be paid in Waxahachie, Ellis County, Texas, for payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, and firmly by these presents, the condition of this obligation is such that, WHEREAS, PRINCIPAL entered into a certain written contract with the CITY, dated the day of 202 , to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other accessories necessary for the construction of:

, and all extra work in connection therewith, in the City of Waxahachie, Texas, as more particularly described and designated in the above-referenced contract, such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word:

NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT,

If PRINCIPAL shall repair and maintain any defect arising in any part of the construction of said improvements, and shall take all steps necessary to provide the CITY with a product and/or installation equal to that required by the contract for such construction for a period as specified in the referenced contract, but not less than two (2) years, following the date of final acceptance, then this obligation shall be void, otherwise to remain in full force and effect; and in case said

PRINCIPAL shall fail to do so, it is agreed that CITY may cause any and all such defects to be remedied with all associated costs being born by the PRINCIPAL and SURETY under this

Maintenance Bond.

PROVIDED, further, that if any legal action be filed on this Bond, venue shall lie in Ellis

County, Texas.

And, that SURETY, for value received, hereby 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 proposal documents accompanying same shall in any way affect its obligation on this Bond;

Maintenance Bond MB-2 and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed under said Contract.

The undersigned and designated agent is hereby designated by SURETY as the resident agent in either Ellis, Tarrant, or Dallas Counties to whom all requisite notice may be delivered and on whom service of process may be had in matters arising out of this suretyship.

IN WITNESS WHEREOF, the said PRINCIPAL and SURETY have signed and sealed this instrument this _____ day of ______________________, 20____.

Principal Surety

By _______________________________ By _______________________________

Title ______________________________ Title ______________________________

Address ___________________________ Address ____________________________

The Resident Agent of Surety is:

Name: __________________________________

Company: _______________________________

Address: ________________________________

Telephone Number: _______________________

(Accompany this bond with attorney-in-fact’s authority from the SURETY certified to include the date of the bond.)

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.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 12/22/2017

FORM 1295CERTIFICATE OF INTERESTED PARTIES

OFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLYYYYY

6 UNSWORN DECLARATION

My name is _______________________________________________________, and my date of birth is _______________________________.

My address is ________________________________________________, ___________________, _______, __________, ______________.

(street) (city) (state) (zip code) (country)

I declare under penalty of perjury that the foregoing is true and correct.

Executed in ___________________ County, State of ______________ , on the _______ day of _______________, 20______.

(month) (year)

Signature of authorized agent of contracting business entity

(Declarant)

ADD ADDITIONAL PAGES AS NECESSARY

Name of Interested Party

Nature of Interest (check applicable) City, State, Country

(place of business) Controlling Intermediary

Name of governmental entity or state agency that is a party to the contract for which the form is being filed.

3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract.

Complete Nos. 1 - 4 and 6 if there are interested parties.

Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.

1 Name of business entity filing form, and the city, state and country of the business entity's place of business.

Check only if there is NO Interested Party.

Mus t fi le on lin e a t w ww.et hic s.s tat e.t x.u s/F ile

VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE CHAPTER 2270

By signing below, the signatory hereby verifies that the firm it represents:

1. Does not boycott Israel; and,

2. Will not boycott Israel during the term of the contract.

SIGNED BY:

Print Name & Title:

Firm Name:

Date Signed: _________________________________________________________

NOTARIZATION

THE STATE OF _________ )

COUNTY OF ___________ )

BEFORE ME, the undersigned notary public on this day personally appeared

________________________, on behalf of ________________________________ (Company), who, being duly sworn, stated under oath that he/she has read the foregoing verification required by Texas Government Code

Section 2270.002 and said statements contained therein are true and correct.

SWORN TO AND SUBSCRIBED before me on the_______day of _________, 201__.

NOTARY PUBLIC IN AND

FOR THE STATE OF _______________

The following definitions apply to Texas Government Code Section 2270.001:

(1) "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; and

(2) "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.

State law requires any firm entering into an agreement or contract with the Authority to complete the foregoing verification. TEX. GOV’T CODE § 2270.002.

9/26/23, 2:32 PM SAM.gov https://sam.gov/wage-determination/TX20230025/0 1/5

"General Decision Number: TX20230025 01/06/2023

Superseded General Decision Number: TX20220025

State: Texas

Construction Type: Highway

Counties: Archer, Callahan, Clay, Collin, Dallas, Delta, Denton, Ellis, Grayson, Hunt, Johnson, Jones, Kaufman, Parker, Rockwall, Tarrant and Wise Counties in Texas.

HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction;

bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction;

and other major bridges).

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).

|If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $16.20 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2023. | |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $12.15 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2023. |

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at https://sam.gov/wage-determination/TX20230025/0 2/5 http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/06/2023

SUTX2011-007 08/03/2011

Rates Fringes

CONCRETE FINISHER (Paving and Structures)......................$ 14.12 **

ELECTRICIAN......................$ 19.80

FORM BUILDER/FORM SETTER

Paving & Curb...............$ 13.16 ** Structures..................$ 13.84 **

LABORER

Asphalt Raker...............$ 12.69 ** Flagger.....................$ 10.06 ** Laborer, Common.............$ 10.72 ** Laborer, Utility............$ 12.32 ** Pipelayer...................$ 13.24 ** Work Zone Barricade Servicer....................$ 11.68 **

POWER EQUIPMENT OPERATOR:

Asphalt Distributor.........$ 15.32 ** Asphalt Paving Machine......$ 13.99 ** Broom or Sweeper............$ 11.74 ** Concrete Pavement Finishing Machine...........$ 16.05 ** Concrete Saw................$ 14.48 ** Crane Operator, Lattice Boom 80 Tons or Less........$ 17.27 Crane Operator, Lattice Boom over 80 Tons...........$ 20.52 Crane, Hydraulic 80 Tons or Less.....................$ 18.12 Crawler Tractor.............$ 14.07 ** Excavator, 50,000 pounds or less.....................$ 17.19 Excavator, over 50,000 pounds......................$ 16.99 Foundation Drill , Truck Mounted.....................$ 21.07 Foundation Drill, Crawler Mounted.....................$ 17.99 Front End Loader 3 CY or Less........................$ 13.69 ** Front End Loader, over 3 CY.$ 14.72 ** Loader/Backhoe..............$ 15.18 ** Mechanic....................$ 17.68 Milling Machine.............$ 14.32 ** Motor Grader, Fine Grade....$ 17.19 Motor Grader, Rough.........$ 16.02 ** Pavement Marking Machine....$ 13.63 ** Reclaimer/Pulverizer........$ 11.01 ** Roller, Asphalt.............$ 13.08 ** Roller, Other...............$ 11.51 ** Scraper.....................$ 12.96 ** Small Slipform Machine......$ 15.96 ** Spreader Box................$ 14.73 ** https://sam.gov/wage-determination/TX20230025/0 3/5

Servicer.........................$ 14.58 **

Steel Worker (Reinforcing).......$ 16.18 **

TRUCK DRIVER

Lowboy-Float................$ 16.24 Off Road Hauler.............$ 12.25 ** Single Axle.................$ 12.31 ** Single or Tandem Axle Dump Truck.......................$ 12.62 ** Tandem Axle Tractor with Semi Trailer................$ 12.86 ** Transit-Mix.................$ 14.14 **

WELDER...........................$ 14.84 **

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

** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($16.20) or 13658 ($12.15). Please see the Note at the top of the wage determination for more information.

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.dol.gov/agencies/whd/government-contracts.

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) (ii)).

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

https://sam.gov/wage-determination/TX20230025/0 4/5

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which 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. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA)…