City of Ovilla - Founders Park Parking Lot_ High Ridge Court_ and Thorntree Drive Cul-De-Sacs Reconstruction - Specifications.pdf

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TABLE OF CONTENTS

ADDENDA

NOTICE TO BIDDERS

PROPOSAL AND BID SCHEDULE

QUALIFICATION STATEMENT OF BIDDERS

QUALIFICATION STATEMENT OF BIDDER’S SURETY

VENDORS COMPLIANCE TO STATE LAW

BID BOND

STANDARD FORM OF AGREEMENT

PERFORMANCE BOND

PAYMENT BOND

MAINTENANCE BOND

CONTRACTOR’S AFFIDAVIT OF FINAL PAYMENT AND RELEASE

CERTIFICATE OF INSURANCE

CONFLICT OF INTEREST QUESTIONNAIRE

FORM 1295 INSTRUCTIONS

CONSTRUCTION STAKING CERTIFICATION

WAGE RATES

STANDARD SPECIFICATIONS

This project shall be constructed by utilizing the North Central Texas Council of Governments Specifications for Public Works Construction, 5th Edition, 2017 with Latest Amendments. Any permissible deviation from those standard specifications will be noted in the section of Special Provisions to the NCTCOG Standard

Specifications, Special Contract Requirements, Plans and/or these Specifications.

CITY OF OVILLA SPECIAL PROVISIONS TO THE NORTH CENTRAL TEXAS STANDARD

SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION — 5TH EDITION

MATERIALS AND CONSTRUCTION METHODS

SPECIAL CONDITIONS

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CITY OF OVILLA, TEXAS

FOUNDERS PARK PARKING LOT,

HIGH RIDGE COURT, AND THORNTREE DRIVE CUL-DE-SACS RECONSTRUCTION

NOTICE TO BIDDERS

Sealed bids will be received in the Purchasing Office of the City of Ovilla, 105 Cockrell Hill, Ovilla, Texas 75154 until 11:00 a.m., Friday, July 10, 2026, and then publicly opened and read for furnishing all necessary materials, machinery, equipment, superintendence and all necessary appurtenances to perform all work required for the construction of the Founders Park Parking Lot, High Ridge Court, and Thorntree Drive Cul-De-Sacs Reconstruction project, as shown on the construction plans.

Major items include 3,174 square yards of 6-inch thick reinforced concrete pavement, and 224 square yards of 4-inch thick, 10-foot wide reinforced concrete sidewalk.

Proposals shall be accompanied by a cashier's or certified check upon a national or state bank in an amount not less than five percent (5%) of the total maximum bid price, payable without recourse to the City of Ovilla, or a bid bond in the same amount from an approved 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 being notified of award of contract. The Owner intends to provide a notice of award of contract within sixty (60) days following the bid opening. Bids without required check or bid bond will be rejected.

Bids shall be marked “SEALED BID – FOUNDERS PARK PARKING LOT, HIGH RIDGE COURT, AND

THORNTREE DRIVE CUL-DE-SACS RECONSTRUCTION” on the outside of the envelope.

The successful bidder must furnish performance bond upon the form provided in the amount of 100% of the contract price; a material and labor payment bond upon the form provided in the amount of 100% of the contract price; and a maintenance bond in the amount of 100% of the contract amount for a period of two (2) years from an approved surety company holding a permit from the State of Texas to act as surety or other sureties acceptable to the City of

Ovilla.

Should the bidder fail to produce evidence satisfactory to the City of Ovilla on any of the foregoing points, the bidder may be disqualified, and the work awarded to the next responsible bidder so qualifying.

Plans, specifications, and bidding documents may be downloaded from Civcast at www.civcastusa.com. Bidding documents downloaded from plan rooms or third-party websites shall be at the Bidder’s sole risk. All Addenda will be distributed through Civcast. No guarantee of receipt of addenda or clarifications will be made for third-party downloads. Andrew Mata, P.E. may be reached with general questions at (214) 361-7900 or amata@bhcllp.com. No questions will be answered from questions posted on CIVCAST. All Addenda will be posted on Civcast. The Bid shall be submitted on the form provided in the Bid Documents.

The City of Ovilla reserves the right to reject any or all bids and to waive any informality in the bids received. In case of ambiguity or lack of clearness in stating prices in the bids, the City reserves the right to consider the most advantageous construction thereof, or to reject the bid. Unreasonable or unbalanced unit prices will be considered sufficient cause of rejection of bids.

CITY OF OVILLA: By s/ Richard Dormier, Mayor

Richard Dormier, Mayor

1st Advertisement Date Thursday, June 25, 2026

2nd Advertisement Date Thursday, July 2, 2026

Questions Deadline Monday, July 6, 2026

Last Addendum Deadline Tuesday, July 7, 2026

Refer to the Special Conditions Section SC.15 Allotted Completion Time, for the tentative construction schedule.

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PROPOSAL

TO

CITY OF OVILLA

OVILLA, ELLIS COUNTY, TEXAS

Date: ____________________

The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm, or corporation, that he has carefully examined the Form of Contract, Notice to Contractors, specifications and the plans therein referred to, and has carefully examined the location, conditions, and classes of materials of the proposed work, and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed therein.

It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids.

It is further agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be necessary to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth below except as provided for in the specifications.

It is agreed further that lump sum prices may be increased to cover additional work not shown on the plans or required by the specifications, in accordance with the provisions of the General Conditions. Similarly, the price may be decreased to cover deletions of work so ordered.

It is understood and agreed that the work is to be completed in full within the time designated in the

Special Conditions of these specifications.

Accompanying this proposal is a (Certified or Cashier's Check payable to the Owner) (Bid Bond) in the amount of Dollars

The bidder agrees that this check or bond will be held by the City as security until a contract is awarded or all bids rejected. The City Council will be allowed sixty (60) days from date of bid opening to award the project. In case award is not made on this proposal, the security check or bid bond will be returned to the undersigned bidder.

It is understood that the Owner reserves the right to reject any and all bids.

Item

No.

Estimated

Quantity Unit

Price in

Figures

Extended

Amount

101 1 L.S.

complete in place, the sum of

Dollars and

Cents per

102 492 C.Y.

complete in place, the sum of

Dollars and

Cents per

103 1,476 S.Y.

complete in place, the sum of

Dollars and

Cents per

104 224 S.Y.

complete in place, the sum of

Dollars and

Cents per

105 24 L.F.

complete in place, the sum of

Dollars and

Cents per

106 219 L.F.

complete in place, the sum of

Dollars and

Cents per Linear Foot

Square Yard

Cubic Yard

Furnish and Install 12-inch Double CMP Drain

Lines

Linear Foot

Description and Price in Words

BID SCHEDULE

CITY OF OVILLA

FOUNDERS PARKING LOT,

HIGH RIDGE COURT, AND THORNTREE DRIVE CUL-DE-SACS RECONSTRUCTION

FOUNDERS PARK PARKING LOT

For Mobilization, Bonds, Insurance & Shop

Drawings (Max. 3%)

For Unclassified Excavation for Parking Lot and

Sidewalk, Including Hauling and Disposal

Furnish and Install 6-inch Thick, Reinforced

Concrete Pavement (4,000 psi strength), including

Crushed Stone Flex Base

Furnish and Install 4-Inch Thick, 10-Foot Wide

Reinforced Concrete Sidewalk (4,000 psi Strength), including Crushed Stone Flex Base

Remove & Replace 12-inch CMP Culvert Pipe

Square Yard

Lump Sum

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Estimated

Quantity Unit

Price in

Figures

Extended

Amount Description and Price in Words

For Mobilization, Bonds, Insurance & Shop

Drawings (Max. 3%)

107 1 Ea.

complete in place, the sum of

Dollars and

Cents per

108 3 Ea.

complete in place, the sum of

Dollars and

Cents per

109 1 L.S.

complete in place, the sum of

Dollars and

Cents per

110 300 S.Y.

complete in place, the sum of

Dollars and

Cents per

111 300 S.Y.

complete in place, the sum of

Dollars and

Cents per

112 38 Ea.

complete in place, the sum of

Dollars and

Cents per

113 2 Ea.

complete in place, the sum of

Dollars and

Cents per Each

Furnish and Install Standard Grate Inlet

Each

Furnish and Install Sloped Concrete Headwall

Each

Furnish, Install, Maintain and Remove Erosion

Control Devices

Lump Sum

Furnish, Install, Water, and Establish Solid Sod

Bermuda

Square Yard

Furnish and Install 4-inch Top Soil

Square Yard

Furnish and Install Concrete Wheel Stops

Each

Furnish and Install ADA Parking Sign Assembly

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Estimated

Quantity Unit

Price in

Figures

Extended

Amount Description and Price in Words

For Mobilization, Bonds, Insurance & Shop

Drawings (Max. 3%)

114 2 Ea.

complete in place, the sum of

Dollars and

Cents per

115 200 L.F.

complete in place, the sum of

Dollars and

Cents per

116 1 L.S.

complete in place, the sum of

Dollars and

Cents per

Lump Sum

Linear Foot

Furnish and Install Parking Striping and ADA

Parking Space Sign

Each

Furnish and Install 6-inch Reinforced Concrete

Curb

Furnish and Install Barrier Free Ramp

TOTAL AMOUNT BID FOUNDERS PARK PARKING LOT (Items 101 Through 116)

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Estimated

Quantity Unit

Price in

Figures

Extended

Amount

201 566 C.Y.

complete in place, the sum of

Dollars and

Cents per

202 1,310 S.Y.

complete in place, the sum of

Dollars and

Cents per

203 184 S.Y.

complete in place, the sum of

Dollars and

Cents per

204 155 L.F.

complete in place, the sum of

Dollars and

Cents per

205 1,698 S.Y.

complete in place, the sum of

Dollars and

Cents per

206 3 Ea.

complete in place, the sum of

Dollars and

Cents per

Remove & Replace Metal Mailbox

Each

Square Yard

For Full Depth Sawcut

Linear Foot

Furnish and Install 6-inch Thick, Reinforced

Concrete Pavement (4,000 psi strength), including

Crushed Stone Flex Base

For Removing and Disposing of Existing Concrete

Pavement

Square Yard

Cubic Yard

CITY OF OVILLA

FOUNDERS PARKING LOT,

HIGH RIDGE COURT, AND THORNTREE DRIVE CUL-DE-SACS RECONSTRUCTION

BID SCHEDULE

Description and Price in Words

For Unclassified Excavation for Cul-de-sacs, Including Hauling and Disposal

HIGH RIDGE COURT AND THORNTREE DRIVE CUL-DE-SACS RECONSTRUCTION

Square Yard

For Removing and Disposing of Existing Asphalt

Pavement

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Estimated

Quantity Unit

Price in

Figures

Extended

Amount Description and Price in Words

For Unclassified Excavation for Cul-de-sacs, Including Hauling and Disposal

207 4 Ea.

complete in place, the sum of

Dollars and

Cents per

208 90 L.F.

complete in place, the sum of

Dollars and

Cents per

209 10 Ea.

complete in place, the sum of

Dollars and

Cents per

210 1 L.S.

complete in place, the sum of

Dollars and

Cents per

211 651 S.Y.

complete in place, the sum of

Dollars and

Cents per

212 651 S.Y.

complete in place, the sum of

Dollars and

Cents per

213 54 L.F.

complete in place, the sum of

Dollars and

Cents per

TOTAL AMOUNT BID HIGH RIDGE COURT & THORNTREE DRIVE CUL-DE-SACS

(Items 201 Through 213)

Furnish and Install 4-inch Top Soil

Square Yard

Construct Reinforced Concrete Street Header

Linear Foot

Square Yard

Furnish, Install, Maintain and Remove Erosion

Control Devices

Lump Sum

Furnish, Install, Water, and Establish Solid Sod

Bermuda

Each

Remove & Replace 12-inch CMP Storm Sewer

Pipe

Linear Foot

Remove and Replace Sloped Concrete Headwall

Each

Remove & Replace Brick Mailbox

TOTAL AMOUNT BID (FOUNDERS PARK PARKING LOT + HIGH RIDGE COURT &

THORNTREE DRIVE CUL-DE-SACS)

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In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure compliance with the terms and provisions of the Contract Documents.

The work proposed to be done shall be accepted when fully completed and finished in accordance with the plans and specifications.

The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final.

NOTE: Unit and lump sum prices must be shown in words and figures for each item listed in the proposal and in the event of discrepancy the words shall control.

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

Receipt is hereby acknowledged for the following addenda to the contract documents:

Addendum No. 1 dated Received

Addendum No. 2 dated Received

Addendum No. 3 dated Received

Addendum No. 4 dated Received

Addendum No. 5 dated Received

Contractor

By:

(please print name)

Signature:

Title:

Seal and Authorization

(If a Corporation) Address

City, County, State and Zip

Telephone Fax No.

E-Mail Address:

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ALL BIDDERS ARE NOTIFIED THAT THE FOLLOWING QUALIFICATION STATEMENT

MUST BE COMPLETED AND SUBMITTED WITH THE BID.

BIDDER’S QUALIFICATIONS

The bidder shall demonstrate that they have experience with similar projects. Similar projects are public works projects consisting of street pavement construction and reconstruction in the sizes (or larger) as indicated in the plans.

The Contractor shall submit a list of similar street pavement construction and reconstruction public works projects successfully completed within the last five years. This list shall include the names and contact information (include email address) of the City Staff or Engineer who managed the projects for the Owner.

The information requested in the Qualification Statement of Bidders pages 2 through 6 must be provided along with ALL other information requested in the Bid for evaluation.

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QUALIFICATION STATEMENT OF BIDDERS

SUBMITTED TO: City of Ovilla

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:

Number of Similar Projects Completed:

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LIST RECENTLY COMPLETED SIMILAR PROJECT WORK, PLUS THE FOLLOWING

INFORMATION FOR EACH PROJECT:

Project:

Owner/Engineer:

Year Built: Contract Price: $

Contact Person: Phone:

(USE ATTACHMENTS IF NECESSARY)

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LIST CURRENT PROJECTS UNDER CONSTRUCTION, PLUS THE FOLLOWING

INFORMATION FOR EACH PROJECT LISTED:

Percent Complete: % Contract Price: $

(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:

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BANK REFERENCE: Bank:

Address:

City: State: Zip:

Contact Person:

Phone:

Email:

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:

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QUALIFICATION STATEMENT OF BIDDER'S SURETY

SUBMITTED TO: City of Ovilla

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)

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AFFIDAVIT OF SAFETY RECORD

MUST BE RETURNED AS PART OF BID

(l)(We) the undersigned do declare and affirm that (my)(our) firm or corporation (has)(have) received ____________ citations from the Occupational Safety & Health Administration

(OSHA) within the past five (5) years and (I)(We) do further declare and affirm that (my)(our) firm or corporation (has)(have) experienced ______________ worker injuries related to construction safety on projects within the past five (5) years.

Name of Contractor Name of Firm

Officer’s Name & Title Officer’s Name & Title

Signature of Officer Signature of Officer

Date: Date:

STATE OF TEXAS §

COUNTY OF _________ §

SUBSCRIBED AND SWORN TO before me this _______ day of

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STATE RECIPROCAL REQUIREMENT

The City of Ovilla, as a governmental agency of the State of Texas, may not award a contract for general construction, improvements, services or public works projects or purchases of supplies, materials, or equipment to a non-resident bidder unless the non-resident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder to obtain a comparable contract in the state in which the non-resident's principal place of business is located (Article 601g v.t.c.s.). Bidder shall answer all the following questions by encircling the appropriate response or completing the blank provided.

1. Where is your principal place of business? ___________________

2. Only if your principal place of business is not in the state of Texas, please indicate:

A. In which state is your principal place of business located?

B. Does that state favor resident bidders (bidders in your state) by some dollar increment or percentage? YES NO

C. If "YES", what is that dollar increment or percentage? ______________________

NON-COLLUSION STATEMENT

The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other Bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employer or agent to any other person engaged in this type of business prior to the official opening of this bid.

Vendor:

Address:

City, State, Zip:

Phone

Email Address:

Bidder (Print name)

Bidder Signature

Position with Company

Signature of company official authorizing this bid:

Company Official (Print name):

Position with company:

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CITY OF OVILLA DISCLOSURE

AND CONFLICT OF INTEREST STATEMENT

Name of person/entity (“the Filer”) that contracts or seeks to contract for the sale or purchase of property, goods, or services with the City of Ovilla or who is an agent of any such person/entity:

Address:_______________________________________City_______________State______Zip______

DISCLOSURE QUESTIONS

Name each City employee that has a financial interest in the Filer.

Name each City employee who will receive any compensation for or as a result of the desired business dealings.

CONFLICT OF INTEREST QUESTIONS

1. Describe each affiliation or business relationship with a City employee or contractor who makes recommendations to the City Manager or City Council regarding expenditures of money, including identifying the employee or contractor.

2. Describe each affiliation or business relationship with the City Manager, Mayor, or a City Councilmember who appoints or employs the City Manager or the City Council, including identifying the City Manager, Mayor, or individual Councilmember.

3. Identify the City Manager, Mayor, or City Councilmember with whom the Filer has an affiliation or business relationship. This question and its subparts must be completed for each person with whom an affiliation or other relationship exists.

A. Is the person identified in question #3 receiving or likely to receive taxable income from the Filer?

Yes No

B. Is the Filer receiving or likely to receive taxable income from or at the direction of the person identified in question #3 which is not from the City? ______ Yes ______ No

C. Is the Filer affiliated with a corporation or other business entity in which the City Manager, Mayor, or a City Councilmember serves as an officer or director, or holds an ownership of ten percent (10%) or more? Yes No

D. Describe each affiliation or business relationship that the Filer has with the City Manager, Mayor, or

City Council members. Yes No

4. Describe any other affiliation or business relationship that might cause a conflict of interest.

CERTIFICATION

I certify that all information provided is true and correct, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City as changes occur.

Print or Type Name

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SUBMIT WITH BID

VENDORS COMPLIANCE TO STATE LAW

Texas Government Code, Chapter 2252, Subchapter A provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state Contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident’s principal place of business is located. The appropriate blanks in Section 4 must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident Contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in

Section B.

A. Non-resident vendors in __________________ (give state), our principal place of business, are required to be _______ percent lower than resident bidders by state law. A copy of the statute is attached.

Non-resident vendors in __________________ (give state), our principal place of business, are not required to underbid resident bidders.

B. Our principal place of business or corporate office is in the State of Texas.

BIDDER/OFFEROR:

By:

Company: (please print)

Address: Signature:

Title:

City State Zip (please print)

Phone:

THIS FORM MUST BE RETURNED WITH YOUR QUOTATION

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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 Ovilla 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 , 2026 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 _________________________, 2026, 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:

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STANDARD FORM OF AGREEMENT

STATE OF TEXAS }

COUNTY OF ELLIS }

THIS AGREEMENT, made and entered into this day of , A.D. 2026, by and between The City of Ovilla, Texas of the County of Ellis and State of Texas, acting through It’s 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 , 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), and under the conditions expressed in the bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows:

FOUNDERS PARK PARKING LOT,

HIGH RIDGE COURT, AND THORNTREE DRIVE CUL-DE-SACS RECONSTRUCTION

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 Notice to Contractors, General and

Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the

Specifications and addenda therefor, as prepared by Birkhoff, Hendricks & Carter, L.L.P., Professional Engineers, 11910

Greenville Ave., Suite 600, Dallas, Texas 75243 herein entitled the ENGINEER, each of which has been identified by the

CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written Proposal, the General Conditions of the

Agreement, and the Performance and Payment Bonds 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 substantially complete the same within sixty (60) calendar days after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and Special Conditions.

THE OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract.

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

City of Ovilla, Texas

Party of the First Part (OWNER) Party of the Second Part (CONTRACTOR)

By: By:

David D. Henley, City Manager

Attest: Attest:

BOND(S)

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PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That of the City of , County of , and 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 Ovilla (Owner), in the penal sum of

($ ) for the payment whereof, the said Principal and Surety bind 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 , 2026, to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect;

PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Texas Government Code, Chapter

2253, as amended, and Article 7.19-1 of the Insurance Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Article 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 to the terms of the contract, or to the work to be performed thereunder.

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 2026.

Principal Surety

Title: Title:

The name and address of the Resident Agent of Surety is

* Not applicable for federal work. See "The Miller Act," 40 U.S.C. §270.

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PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: That of the City of , County of , and 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 Ovilla (Owner), in the penal sum of Dollars

($ ) for the payment whereof, the said Principal and Surety bind 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 , 2026, to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS 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 provisions of Texas Government Code, Chapter

2253, as amended, and Article 7.19-1 of the Insurance Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Article 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 anywise 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.

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 2026.

Principal Surety

Title: Title:

The name and address of the Resident Agent of Surety is j:\clerical\ovilla edc\2026-118 founders park parking lot\specs\tech-spec\13-m bond.docx

MAINTENANCE BOND

Bond #________________

THE STATE OF TEXAS }

} KNOW ALL PERSONS BY THESE PRESENTS:

THAT , as Principal, and , a Corporation organized under the laws of , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Ovilla , a Municipal Corporation, Texas, the sum of Dollars and Cents ($ ), which this amount is 100 % of the total contract amount of ($ ), for the payment of which sum will and truly be made unto said City of Ovilla, Texas , and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally.

THIS obligation is conditioned; however, that whereas, the said has this day entered into a written contract with the said City of Ovilla, Texas to build and construct

FOUNDERS PARK PARKING LOT,

HIGH RIDGE COURT, AND THORNTREE DRIVE CUL-DE-SACS RECONSTRUCTION

which contract and the plans and specifications therein mentioned, adopted by the City of Ovilla, Texas are hereby expressly made a part thereof as through the same were written and embodied herein.

WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and/or reconstructing in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said City of Ovilla, Texas shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time.

IN WITNESS THEREOF, the said has caused these presents to be executed by and the said has caused these presents to be executed by its' Attorney in fact and the said Attorney in fact , has hereunto set his hand, the day of , 2026.

SURETY: PRINCIPAL:

WITNESS: ATTEST:

Secretary

NOTE: Date of Maintenance Bond must not be prior to date of Contract.

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CONTRACTOR'S AFFIDAVIT OF FINAL PAYMENT AND RELEASE

THE STATE OF TEXAS §

COUNTY OF ELLIS §

BEFORE ME, the undersigned authority, on this day personally appeared

("Affiant"), who, after being by me duly sworn, deposes and says that he is , of (corporation, partnership, trade name) of County, State of Texas (the "Contractor"), which said Contractor was awarded the contract dated the day of 20 , for the construction of in (the "Work"), for a total consideration of

Dollars to be paid to the said Contractor (the "Contract"), and that Affiant has full power of authority to make this affidavit.

That City of Ovilla, Texas (the "Owner") has approved the final estimate on said Work, and that the said Contractor has fully satisfied and paid any and all claims that may be covered by Chapter 53 of the Texas Property Code, and Article 5160 of the Revised Civil Statutes of the State of Texas, or any other applicable statutes or charter provisions, and that all just bills for labor and materials have been paid and discharged by said Contractor insofar as they pertain to the Work in question.

That in addition to any funds which may have been previously paid by the Owner, the Contractor hereby accepts the amount of Dollars as FULL AND FINAL PAYMENT under the aforementioned Contract, and hereby waives and releases any right

Affiant and/or the Contractor may have to pursue claims of any nature against the Owner arising out of or in any manner connected with the performance of the Work and/or the Contract, including but not limited to claims of third parties that supplied material and/or labor for the Work for or through the Contractor ("Subcontractors"), as well as claims for delay, additional compensation or for recovery of liquidated damages which may have been withheld by the

Owner. The Contractor shall defend, hold harmless and indemnify the Owner from any such claims of such

Subcontractors. The Contractor further releases the Owner from any claim or liability arising from any act or neglect of the Owner related to or connected with the Contract. This affidavit is given pursuant to the final payment provisions of the Contract, and shall not be deemed to alter or modify the terms and provisions of said Contract.

By (Affiant)

(Printed Name)

SUBSCRIBED AND SWORN TO BEFORE ME, this the _______ day of ________________, A.D. 20_____.

(Notary Public, in and for the State of Texas)

(Printed Name of Notary)

My Commission Expires

CERTIFICATE OF INSURANCE(S)

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S A M P L E

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 Date ownership interest of one percent or more.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 8/14/2024

Name of signatory

Revised 8/14/2024Form provided by Texas Ethics Commission www.ethics.state.tx.us

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 1295 INSTRUCTIONS

Certificate of Interested Parties www.ethics.state.tx.us/File http://www.ethics.state.tx.us/File

Implementation of House Bill 1295

Certificate of Interested Parties (Form 1295):

In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency.

The law applies (with a few exceptions) only to a contract between a business entity and a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016.

Changed or Amended Contracts:

Form 1295 is only required for a change made to an existing contract in certain circumstances: (1) if a Form 1295 was not filed for the existing contract, then a filing is only required if the changed contract either requires an action or vote by the governing body or the value of the changed contract is at least $1 million; or (2) if a Form 1295 was filed for the existing contract, then another filing is only required for the changed contract if there is a change to the information disclosed in the Form 1295, the changed contract requires an action or vote by the governing body, or the value of the changed contract…