CB-2641 Contract (PDF).pdf

CONTRACT DOCUMENTS

FOR

TRAFFIC SIGNAL IMPROVEMENTS

ANTILLEY RD. AT DIRECTORS PW.

June 2026

Weldon Hurt, Mayor

City Council

Shane Price Brian Yates

Lynn Beard Miguel Espinoza

Jay Patterson Travis Craver

Emily Crawford, City Manager

PREPARED BY:

ENGINEERING DIVISION

CITY OF ABILENE, TEXAS

TABLE OF CONTENTS

SCOPE OF PROJECT

INVITATION FOR BIDS

DEFINITIONS

INSTRUCTIONS TO BIDDERS

EXHIBIT “A” WAGE RATE

SPECIAL CONDITIONS

SUPPLEMENTARY CONDITIONS

GENERAL CONDITIONS

BID FORM

BID SCHEDULE

DEBARRED BIDDERS STATEMENT

RESTRICTIONS ON LOBBYING CERTIFICATION

STATEMENT OF BIDDER'S QUALIFICATIONS

CERTIFICATE OF INSURANCE OR COPY OF POLICY

CONSTRUCTION CONTRACT

STATUTORY PERFORMANCE BOND

STATUTORY PAYMENT BOND

MAINTENANCE BOND

NOTICE OF AWARD

NOTICE TO PROCEED

CHANGE ORDER

AFFIDAVIT OF BILLS PAID

TECHNICAL SPECIFICATIONS AND PLANS

SCOPE OF PROJECT

This construction contract involves the alteration of the existing signal located at Antilley Rd.

and Directors Pwy. These upgrades include flashing yellow arrows, addition of signal backplates, and improved pedestrian facilities.

INVITATION FOR BIDS

The City of Abilene will receive sealed, written bids in the Purchasing Department at City Hall, 555 Walnut, Suite 201-A, Abilene, Texas, until 11:00 a.m. on June 23, 2026 for:

TRAFFIC SIGNAL IMPROVEMENTS ANTILLEY RD. AT DIRECTORS PW.

As determined by the City Manager, as delegated by the Abilene City Council pursuant to Resolution 62-2016, the City of Abilene will utilize the “best value” competitive bidding method in determining the award of the contract, as authorized by Chapter 2269, Texas Government Code. In determining the award of the contract, the City of Abilene will consider the following criteria:

1. the price;

2. the offeror’s experience and reputation;

3. the quality of the offeror’s goods or services;

4. the impact on the ability of the City of Abilene to comply with rules relating to historically underutilized businesses;

5. the offeror’s safety record;

6. the offeror’s proposed personnel;

7. whether the offeror’s financial capability is appropriate to the size and scope of the project;

8. the offeror’s past working relationship with the City of Abilene.

A Pre-Bid Conference will be held in the Public Works Conference Room of Abilene City Hall at

10:00 a.m. on June 16, 2026 to discuss the scope of the project and answer any questions prospective bidders may have concerning specifics of the project. The Contractor or his designated representative may attend.

The City will return unopened any bid received after bid closing time. The bids will be publicly opened and read aloud immediately after closing deadline in the Council Chambers – Abilene City Hall, 555 Walnut, Abilene, Texas.

Contract Documents, including plans and specifications, are on file and may be examined without charge in the Purchasing Department at Abilene City Hall, 555 Walnut, Suite 201-A, Abilene, Texas. A copy of the contract documents may be found on the city website at www.abilenetx.gov.

Performance and Payment Bond information is found in the Instructions to Bidders. All bids must comply with specifications. All bids must remain open for 60 days after bid opening.

The City will award the contract to the lowest responsible bidder who provides the “best value” to the City. The City reserves the right to reject any or all bids and waive any formalities and technicalities.

(Signature)

MELISSA GORMAN

Purchasing Administrator City of Abilene

Date : ________________________

DEFINITIONS

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

INSTRUCTIONS TO BIDDERS

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

5. Bid Security Bid security is not required.

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

9. Prevailing Wage Rates The minimum prevailing wage rates for the performance of this contract are attached as Exhibit A.

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

12. Bids Remain Open All bids remain open for 60 days. The City reserves the right to release any Bid early.

EXHIBIT “A” WAGE RATE

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

"General Decision Number: TX20260046 01/02/2026

Superseded General Decision Number: TX20250046

State: Texas

Construction Type: Highway

Counties: Archer, Armstrong, Callahan, Carson, Clay, Crosby, Ector, Irion, Jones, Lubbock, Midland, Potter, Randall, Taylor, Tom Green and Wichita Counties in Texas.

HIGHWAY CONSTRUCTION PROJECTS

Modification Number Publication Date 0 01/02/2026

SATX2025-001 11/15/2023

Rates Fringes

Asphalt Distributor Operator.....$ 22.68 0.00

Asphalt Paving Machine Operator.........................$ 20.34 0.00

Asphalt Raker....................$ 18.97 0.00

Broom or Sweeper Operator........$ 17.76 0.00

Concrete Finisher, Paving and Structures.......................$ 20.92 0.00

Concrete Pavement Finishing Machine Operator.................$ 20.00 0.00

Concrete Saw Operator............$ 25.25 0.00

Crane Operator, Lattice Boom 80 Tons or Less..................$ 24.25 0.00

Crawler Tractor Operator.........$ 20.95 0.00

Electrician......................$ 23.70 0.00

Excavator Operator, 50,000 pounds or less...................$ 25.59 0.00

Flagger..........................$ 13.50 0.00

Form Builder/Setter, Structures.......................$ 21.78 0.00

Form Setter, Paving & Curb.......$ 20.39 0.00

Front End Loader Operator, 3 CY or Less.......................$ 19.42 0.00

Front End Loader Operator, Over 3 CY........................$ 19.52 0.00

Laborer, Common..................$ 17.76 0.00

Laborer, Utility.................$ 18.51 0.00

Loader/Backhoe Operator..........$ 20.99 0.00

Mechanic.........................$ 27.08 0.00

Milling Machine Operator.........$ 20.98 0.00

Motor Grader Operator, Fine Grade............................$ 27.00 0.00

Motor Grader Operator, Rough.....$ 23.50 0.00

Pavement Marking Machine Operator.........................$ 20.62 0.00

Pipelayer........................$ 17.76 0.00

Reclaimer/Pulverizer Operator....$ 21.17 0.00

Reinforcing Steel Worker.........$ 22.94 0.00

Roller Operator, Asphalt.........$ 17.76 0.00

Roller Operator, Other...........$ 17.76 0.00

Scraper Operator.................$ 20.00 0.00

Servicer.........................$ 21.29 0.00

Spreader Box Operator............$ 18.50 0.00

Traffic Signal/Light Pole Worker...........................$ 25.43 0.00

Truck Driver Lowboy Float........$ 23.01 0.00

Truck Driver, Single Axle........$ 21.59 0.00

Truck Driver, Single or Tandem Axle Dump Truck...........$ 20.87 0.00

Truck Driver, Tandem Axle Tractor with Semi Trailer........$ 21.52 0.00

Work Zone Barricade Servicer.....$ 17.76 0.00

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

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

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

Note: Executive Order 13658 generally applies to contracts subject to the Davis-Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive Order 13658 does not apply to contracts subject only to the Davis-Bacon Related Acts regardless of when they were awarded.

If a contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13.30 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 2025. The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts.

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

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

Union Rate Identifiers

A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers.

0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.

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

Union Average Rate Identifiers

The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE:

UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio.

The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate.

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

Survey Rate Identifiers

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

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

State Adopted Rate Identifiers

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

The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.

WAGE DETERMINATION APPEALS PROCESS

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

a) a survey underlying a wage determination

b) an existing published wage determination

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

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

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

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

Washington, DC 20210

Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations.

Requests can be submitted via email to BCWD-Office@dol.gov or by mail to:

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

Washington, DC 20210

2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).

Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to:

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

Washington, DC 20210

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

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

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

Washington, DC 20210.

END OF GENERAL DECISION"

SPECIAL CONDITIONS

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

SUPPLEMENTARY CONDITIONS

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

GENERAL CONDITIONS

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

35. MINORITY AND WOMEN BUSINESS ENTERPRISES

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

BID FORM

Date: _____________

Bid of , ("Bidder"), organized and existing under the laws of the

State of ________, doing business as _______________________________________________________

(corporation, partnership, or individual)

To: THE CITY OF ABILENE, TEXAS

Bidder offers to perform all Work for constructing

TRAFFIC SIGNAL IMPROVEMENTS ANTILLEY RD. AT DIRECTORS PW.

according to the Contract Documents and at the prices stated in the Bid Schedule.

Bidder acknowledges receiving Addenda: ____________________________________________

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

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

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

Bidder offers to complete the project within TWENTY (20) working days for base bid, which time allows for the normal delays associated with inclement weather.

BID SCHEDULE

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

TRAFFIC SIGNAL IMPROVEMENTS ANTILLEY RD. AT DIRECTORS PW.

BASE BID

NOTE: Bids shall include all applicable taxes and fees.

ITEM ESTIMATE

QUANTITY

DESCRIPTION AND UNIT PRICES

(PRICE TO BE WRITTEN)

UNIT

PRICE

(NUMBERS)

TOTAL

1.0

LS

Mobilization (NTE 5% of Bid) at _______________________________ DOLLARS and

_____________________________ CENTS PER LS

MO

Signs, Barricades, and Traffic Handling at

_____________________________ CENTS PER MO

22.0

LF

Concrete Curb & Gutter (TY II) at

_____________________________ CENTS PER LF

2.0

EA

Curb Ramp W/Landing (TY 7) at

_____________________________ CENTS PER EA

618-1

Conduit (PVC)(SCH 40)(3”) at

618-2

Conduit (PVC)(SCH 40)(3”)(BORE) at

618-3

Conduit (Prepare) at

35.0

SF

Aluminum Signs (TY A) at

_____________________________ CENTS PER SF

BASE BID

NOTE: Bids shall include all applicable taxes and fees.

ITEM ESTIMATE

QUANTITY

DESCRIPTION AND UNIT PRICES

(PRICE TO BE WRITTEN)

UNIT

PRICE

Install Hwy Trf Sig (Isolated)(Relocation of SIG EQUIP subsidiary) at

682-

VEH SIG SEC (12”)LED(GRN ARW) at

4.0

VEH SIG SEC (12”)LED(YEL ARW) at

VEH SIG SEC (12”)LED(RED ARW) at

PED SIG SEC (LED)(COUNTDOWN) at

6.0

Backplate W/Reflective boarder (3 Section)(Aluminum) at

Backplate W/Reflective boarder (4 Section)(Aluminum) at

684-

40.0

TRF SIG CBL (TYA)(14 AWG)(5 CONDR) at

130.0

TRF SIG CBL (TYA)(14 AWG)(7 CONDR) at

BASE BID

NOTE: Bids shall include all applicable taxes and fees.

ITEM ESTIMATE

QUANTITY

DESCRIPTION AND UNIT PRICES

(PRICE TO BE WRITTEN)

UNIT

PRICE

295.0

TRF SIG CBL (TYA)(14 AWG)(10 CONDR) at

220.0

TRF SIG CBL (TYA)(14 AWG)(20 CONDR) at

315.0

TRF SIG CBL (TYA)(14 AWG)(2 CONDR) at

687-

Ped Pole Assembly at

688-

Ped Detect Push Button (APS) at

Ped Detector Controller Unit at

690-

Removal of Signal Head Assm at

Removal of Pedestrian Push Buttons at

6006-

VIVDS PROSR SYS at

VIVDS CAM ASSY FXD LNS at

BASE BID

NOTE: Bids shall include all applicable taxes and fees.

ITEM ESTIMATE

QUANTITY

DESCRIPTION AND UNIT PRICES

(PRICE TO BE WRITTEN)

UNIT

PRICE

590.0

VIVDS CABLING at

Lump Sum Item for Additional Work: The following allowance is for work not required in the Plans and Specifications and may be used to add or to subtract from the final contract amount, if authorized in writing by the City. This allowance is to be used in the event additional (or less) work from that shown on the Plans or Specifications is required. Payment or deduction for this item will only be for actual quantities, if any, which are affected and will constitute the entire payment (or deduction) for the allowance. The final contract amount will be adjusted based on the amount utilized in the Project. In the event the allowance is not utilized, the amounts will be deducted. All the Contractor’s costs for bonds and insurance associated with the allowance listed below shall be included in the Lump Sum Item 1 above and shall not be included in the allowances below. All the contractor’s profit and overhead associated with the allowances listed below shall be included in the allowance below. The profit and overhead in the allowances below shall not exceed 15%.

SP-101

LS

Allowance for work directed and in writing by the City for legitimate Project related issues for a lump sum amount of Eighteen Thousand and 00 Cents.

$18,000

$18,000

TOTAL AMOUNT OF BASE BID (in words): ________________________________________________________

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

Respectfully submitted, Signature

Typed or Printed Name

Title: _____________________________________________

Address: __________________________________________

Telephone: ________________________________________

Federal Tax I.D. #: __________________________________

ATTEST:

Signature

Typed or Printed Name

Title: _____________________________________________ (Seal required if Bid by Corporation)

DEBARRED BIDDERS STATEMENT

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

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

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

Date: _________________________________________

Signature: _____________________________________

RESTRICTIONS ON LOBBYING CERTIFICATION

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

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

Date: _____________________________________

Signature: _________________________________

Title: _____________________________________

STATEMENT OF BIDDER'S QUALIFICATIONS

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

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

1. Name of Bidder and permanent main office address:

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

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

4. General character of work performed by your company:

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

6. If you have ever defaulted on a contract, including but not limited to a contract with the City of Abilene, state project location, amount of contract, reason(s) and give name and address of project owner and Engineer.

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

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

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

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

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

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

CERTIFICATE OF INSURANCE OR COPY OF POLICY

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

CONSTRUCTION CONTRACT

BACKGROUND

THIS CONTRACT, made on the day of , 202 is between the City of Abilene, a Municipal Corporation of Taylor and Jones Counties, Texas ("City"), and of the City of _____________ , State of Texas. ("Contractor").

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

THE AGREEMENT

1. Work and Consideration. hereby agrees to commence and complete the construction of Work required in the Contract Documents -- incorporated herein by reference --

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

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

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

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

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

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

6. Indemnity.

A. Definitions

For the purpose of this section the following definitions apply:

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

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

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

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

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

(i) injury or damage to any property or right

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

(iii) attorneys fees, witness fees, expert witness fees and expenses, and

(iv) all other costs and expenses of litigation

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

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

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

B. Indemnity

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

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

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

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

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

BOTH CITY AND CONTRACTOR EXPRESSLY INTEND THIS CONTRACT'S

INDEMNITY PROVISION TO REQUIRE CONTRACTOR TO INDEMNIFY AND

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

NEGLIGENCE WHILE CITY IS PARTICIPATING IN THIS CONTRACT, WHERE

THAT NEGLIGENCE IS A CONCURRING CAUSE OF THE DAMAGES. THIS

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

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

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

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

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

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

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

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

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

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

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

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

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

2252.152 of the Texas Government Code, the company verifies that company is not on a list maintained by the State Comptroller’s office prepared and maintained pursuant to Section 2252.153 of the Texas Government Code.

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

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

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

CONTRACTOR

Name of Contractor: Business Address:

Signature

Name - Typed or Printed Business Phone No.

Title - Typed or Printed Federal Tax I.D.#

ATTEST: (If Corporation)

Corporate Secretary's Signature

Corporate Seal (if none, write "None")

CITY OF ABILENE

ATTEST:

Authorized Signature City Secretary

Seal:

APPROVED:

City Attorney

STATUTORY PERFORMANCE BOND

STATE OF TEXAS § STATUTORY PERFORMANCE BOND

§ PURSUANT TO TEX. GOV'T CODE ANN.

§ Section 2253.021 (Vernon 1994)

COUNTY OF TAYLOR §

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

On _______________, 20__, the Principal entered into a written contract with the Obligee for

TRAFFIC SIGNAL IMPROVEMENTS ANTILLEY RD. AT DIRECTORS PW.

which contract is incorporated by reference for all purposes. The Principal is required by law to execute a bond in the contract amount before beginning work.

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

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

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

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

____________________, 20__

(Principal)

By: _______________________________________ (Signature)

(Name - typed)

(Title - typed)

PERFORMANCE BOND - Page 1

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

____________________, 20__

(Surety) (Signature of Attorney-in-Fact)

By: ____________________________________ ____________________________________ (Signature) (Typed Name of Attorney-in-Fact)

SURETY'S SEAL

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

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

PERFORMANCE BOND - Page 2

STATUTORY PAYMENT BOND

STATE OF TEXAS § STATUTORY PAYMENT BOND

§ PURSUANT TO TEX. GOV'T CODE ANN.

§ Section 2253.021 (Vernon 1994)

COUNTY OF TAYLOR §

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

On _______________, 20__, the Principal entered into a written contract with the Obligee for

TRAFFIC SIGNAL IMPROVEMENTS ANTILLEY RD. AT DIRECTORS PW.

which contract is incorporated by reference for all purposes. The Principal is required by law to execute a bond in the contract amount before beginning work.

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

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

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

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

____________________, 20__

(Principal)

By: _______________________________________ (Signature)

(Name - typed)

(Title - typed)

PAYMENT BOND - Page 1

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

____________________, 20__

By: ____________________________________ ____________________________________ (Signature) (Typed Name of Attorney-in-Fact)

SURETY'S SEAL

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

PAYMENT BOND - Page 2

MAINTENANCE BOND

STATE OF TEXAS § MAINTENANCE BOND PERSUANT TO CITY

§ OF ABILENE LAND DEVELOPMENT CODE

§ 3.1.8.6

COUNTY OF TAYLOR §

That ________________________________________________________, hereinafter called "Principal", and ______________________________________________, a corporation organized and existing under the laws of the State of ____________ and licensed to transact business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the CITY OF ABILENE, TEXAS, a home rule municipal corporation hereinafter called "Beneficiary", in the amount DOLLARS ($__________________), in lawful money of the United States, to be paid in Abilene, Taylor County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors and assigns, jointly and severally, and firmly by these presents.

This bond shall automatically be increased by the amount of any change order or supplemental agreement which increases the Contract price, but in no event shall a change order or supplemental agreement which reduces the Contract price decrease the penal sum of this Bond.

THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain written Contract with the Beneficiary, dated the ______ day of _______________, ____, A.D.

which is made a part hereof by reference for the construction of certain public improvements that are generally described as follows:

NOW, THEREFORE, if Principal will maintain and keep in good repair the work herein contracted to be done for a period of one (1) year from the date of final acceptance and do and perform all necessary work and repair any defective condition, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work or labor performed by Principal; then this obligation shall be void, otherwise it shall remain in full force and effect; and in case Principal shall fail to do so it is agreed that the City may do such work and supply such materials and charge the same against Principal and Surety on this obligation.

PROVIDED, FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Taylor County, Texas.

PROVIDED FURTHER, 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 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 thereunder.

The undersigned and designated agent is hereby designated by Surety as the resident agent in Taylor County to whom all requisite notice may be delivered and on who service of process may be had in matters arising out of this suretyship.

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

_________________________________, 20__

(Principal)

By: ______________________________________ (Signature)

(Name – typed)

(Title – typed)

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

Surety consents to venue in Taylor County, Texas.

___________________________________, 20__

By: _________________________________________ (Signature) (Typed Name of Attorney-in-Fact)

SURETY’S SEAL

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

NOTICE OF AWARD

TO: ____________________________________ DATE: _____________________________

PROJECT DESCRIPTION

The City of Abilene has considered your Bid response to the Invitation for Bids dated _________________, 20__, for the project listed above.

The City of Abilene accepts your Bid in the amount of _________________________________________.

The Instructions to Bidders require you to execute the Contract and furnish applicable bonds and insurance documents within 15 days from the date of this Notice of Award. If you fail to timely fulfill these obligations, the City is entitled to regard your failure as a forfeiture of any rights which might arise by the City's accepting your Bid.

You must return a signed copy of this Notice of Award to the City.

ACCEPTANCE OF NOTICE

THE CITY OF ABILENE, TEXAS

Date: ____________________________________ By: ____________________________ Contractor acknowledges (Signature) receiving the Notice of Award.

By: ____________________________________ ____________________________ (Signature) Name-Typed or Printed

Title:

Name - Typed or Printed

Title: ____________________________________

Federal Tax ID #: ____________________________

NOTICE TO PROCEED

To: ____________________________________ Date: ____________________________

PROJECT DESCRIPTION

You are to begin work on this project on or before _________________________, and to complete the work within TWENTY (20) consecutive working days for Base Bid.

You must return a signed copy of this Notice to Proceed to the City.

THE CITY OF ABILENE, TEXAS

By: ____________________________ (Signature)

Name-Typed or Printed

Title:

Date: ____________________________________ Contractor acknowledges receiving the Notice to Proceed.

By: ____________________________________ (Signature)

Title: ____________________________________

Federal Tax ID #: ____________________________

CHANGE ORDER

CITY OF ABILENE

CHANGE ORDER NUMBER: ____

1. CONTRACTOR: __________________________________

2. Change Order Work Limits: Sta. ______ to Sta. ______

3. Type of Change: _______ (Major/Minor)

4. Reasons: ________________________________________

5. Describe the work being revised: ______________________

6. New or revised plan sheet(s), sketch(es), and estimates are attached:

Each signatory hereby warrants that each has the authority to execute this Change Order (CO).

RECOMMENDED FOR EXECUTION:

__________________________________________ City Engineer’s Seal:

Inspection Services Manager Date

City Engineer Date

Director Date

Project: _________________

Street: _________________

Contract Number:

The contractor must sign the Change Order and, by doing so, agrees to waive any and all claims for additional compensation due.

THE CONTRACTOR Date ___________

(Signature)

Typed/Printed Name ______________________________

Typed/Printed Title ________________________________

The following information must be provided:

Change in contract time: __________________

Original contract price: __________________

Existing contract price: * __________________

Amount added or subtracted by this CO: __________________

Revised contract price: __________________

* Includes previous CO’s

AFFIDAVIT OF BILLS PAID

AFFIDAVIT OF BILLS PAID

Contractor:_____________________________________________________________

Project Number: ______________________________________________________

Project Description: ______________________________________________________

This is to certify that the above project was accepted on ____________________ and that all bills for labor, materials and incidentals incurred on…