City of Parker - Parker Ranch 1-MG Elevated Storage Tank - Specifications.pdf

PRELIMINARY

This document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final document.

Justin R. Ivy, P.E.

Texas Registration #133022

CITY OF PARKER, TEXAS

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR

PARKER RANCH 1-MG ELEVATED

STORAGE TANK

H.W.L. 800 FEET

PREPARED BY:

BIRKHOFF, HENDRICKS & CARTER, L.L.P.

PROFESSIONAL ENGINEERS

TBPE FIRM #526 and LS FIRM #100318-00

DALLAS, TEXAS

MARCH 2026

CITY COUNCIL

Lee Pettle, Mayor

Buddy Pilgrim, Mayor Pro-Term

Roxanne Bogdan

Colleen Halbert

Darrel Sharpe

Billy Barron

PUBLIC WORKS DIRECTOR

Gary Machado j:\clerical\parker\2025-130 parker ranch 1-mg est\specs\tech-spec\01-index.docx

PARKER RANCH 1-MG ELEVATED STORAGE TANK

TABLE OF CONTENTS

ADDENDA

NOTICE TO BIDDERS

GENERAL NOTES

BUILD AMERICA, BUY AMERICA (BABA) REQUIREMENTS

PROPOSAL AND BID SCHEDULE

QUALIFICATION STATEMENT OF BIDDERS

VENDORS COMPLIANCE TO STATE LAW

CONTRACT AGREEMENT

PERFORMANCE BOND

PAYMENT BOND

MAINTENANCE BOND

INSURANCE CERTIFICATES

CONFLICT OF INTEREST

FORM 1295 INSTRUCTIONS

CONSTRUCTION STAKING CERTIFICATION

GENERAL PROVISIONS

For this contract the following standards, provisions, amendments, etc., are APPROVED as the Official Specifications for this project:

“Standard Specifications for Public Works Construction, North Central Texas” 5th Edition, 2017, with Latest Amendment.

GOVERNING SPECIFICATIONS FOR MATERIALS AND CONSTRUCTION METHODS

Standard Specifications for Public Works Construction, North Central Texas, 5th Edition, 2017, with Latest Amendments

SPECIAL CONDITIONS

WAGE RATES

TECHNICAL SPECIFICATIONS

GEOTECHNICAL REPORT

APPENDIX A – BUILD AMERICA, BUY AMERICA (BABA) SAMPLE FORMS

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NOTICE TO BIDDERS

Sealed bids will be received in the office of the Director of Public Works of the City of Parker, 5700 E.

Parker Road, Parker, Texas 75002 until 3:00 p.m., Thursday, September 17, 2026, then publicly opened and read for furnishing all necessary materials, machinery, equipment, superintendence, and labor for the Parker Ranch 1-MG Elevated Storage Tank H.W.L. 800 Feet. The project includes an AWWA D107 Composite Tank, with a capacity of 1.0 million gallons, site work, and piping along with all necessary appurtenances.

Bidders must comply with Section 70901 of P.L. 117-58 of the Bipartisan Infrastructure Law, 2021 (regarding the Build America, Buy America Act).

The successful bidder must furnish Performance Bond and Payment Bond in the amount of one hundred percent (100%) of the total contract price from a Surety Company holding a permit from the State of Texas to act as Surety. Should the total contract price be less than $25,000.00, no performance bond or payment bond will be required.

All lump sum and unit prices must be stated in both script and figures on the forms provided. The City of Parker reserves the right to reject any or all bids and to waive formalities. In case of ambiguity or lack of clearness in stating prices in the bids, the City of Parker reserves the right to consider the most advantageous construction thereof, or to reject the bid. Unreasonable (or “unbalanced”) unit prices will authorize the City of Parker to reject any bid.

Bidders are expected to inspect the site of work and to inform themselves regarding all local conditions.

Bidders are required to submit a cashier’s or certified check issued by a bank satisfactory to the City of Parker, or a Bid Bond (with proper Power of Attorney) from a surety licensed to do business in the State of Texas, payable without recourse to the City of Parker, in an amount not less than five (5%) percent of the total amount of the proposal submitted to insure that the successful bidder will enter into a contract and execute all necessary bonds within ten (10) days after notice of award of the contract to him. This bid security must be included in the bid envelope for the bidder to be considered responsive. The successful bidder will be required to furnish Performance, Payment and Maintenance Bonds as described in the bidding documents.

Plans and specifications will be electronically posted on Civcast. Plans purchased from Plan Rooms or third-party websites shall be at the Bidder’s sole risk. No guarantee of receipt of Addenda, as clarifications will be made for third-party downloads. Plans and specifications may also be examined, without charge, or purchased at the office of the City Engineer; Birkhoff, Hendricks & Carter, L.L.P.

located at 11910 Greenville Ave., Suite 600, Dallas, Texas 75243.

Advertisement Dates: Thursday, August 27, 2026

Thursday, September 3, 2026 j:\clerical\parker\2025-130 parker ranch 1-mg est\specs\tech-spec\03-general notes.docx

GENERAL NOTES

1. The Contractor shall retain full responsibility for determining the locations (horizontal & vertical location) of all existing utilities before commencing work and preserving any and all utilities against damage during construction. Contractor shall pot hole, dig up or otherwise determine locations. Locations shown in the plans are not guaranteed.

2. The Contractor shall notify the Department of Public Works of the City of Parker 48-hours prior to any construction and/or street closure.

3. The contractor shall complete all testing of his work as part of his QA/QC process. Copies of test results shall be provided to the City on the day the test is taken and results are available. The City of Parker may elect to have their testing lab complete confirmation testing of the completed work or work in process.

4. Contractor’s Certificate of Insurance is due as part of the sealed bid package.

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MANUFACTURED IN AMERICA MATERIAL CERTIFICATION

Parker Ranch 1-MG Composite Elevated Storage Tank is an infrastructure project and requires certification from the contractor’s suppliers that all manufacturing processes for steel and iron, manufactured products, and construction materials occurred in the United States of America. For the purpose of the certifications, materials requiring BABA compliance are defined as follows:

A. Iron or Steel Product – A product is considered an iron or steel product if it consists wholly or predominantly of iron or steel or a combination of both.

B. Manufactured Product – Articles, materials, or supplies that have been processed into a specific form and shape or have been combined with other articles, materials, or supplies to create a product with different properties than the individual articles, materials, or supplies.

C. Construction Material – A product is considered a construction material if it consists of only one of the following items: non-ferrous metals; plastic and polymer-based products (e.g., polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass;

fiber optic cable; optical fiber; lumber; engineered wood; and drywall. Exceptions are as follows:

1C. Products that are not directly incorporated into the infrastructure project.

2C. Products brought to the project site and removed at or before the completion of the project.

3C. Equipment or furnishing that is used at or within the finished project but not an integral part of the project.

4C. Products are vegetation, biodegradable materials, or soil.

5C. Product is a cement or cementitious material, aggregate (e.g., stone, sand, gravel), or aggregate binding agent or additive unless it has been combined with other materials and processed into a specific form and shape (e.g., precast concrete and reinforced concrete).

Prior to shipment of materials to be permanently incorporated into the project the Contractor shall submit forms, material certification, mill test reports, or any other documentation required to demonstrate the materials are in compliance with BABA requirements. The required documentation for materials shall be based on the funding authorities review and approval of the materials.

Certification letters shall be submitted on the manufacturers company letter head and signed by a qualified manufacturer representative. All letters shall include the following certification, “I hereby certify that the following product(s) and/or material(s) shipped or provided for he subject project are in full compliance with the Build America, Buy America Act (BABAA) requirements under Title IX of the Infrastructure Investment and Jobs Act (IIJA), Pub. L. 117-58, §§ 70901-70953”. A sample certification letter and step certification log are include in Appendix A for reference.

All material submittals for BABA compliance shall include, but are not limited to, the following:

Project name, location, contract/project number.

Description of the product(s), purchase order, invoice, or billing lading.

A statement attesting that the products supplied are compliant with BABA requirements (see previous paragraph above).

Documentation that manufacturing occurred in the United States.

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The Contractor shall submit monthly BABA certificates on Texas Water Development Board TWDB- 1110-A. Prior to release of retainage and final payment, the Contractor shall submit an executed final certification on TWDB-1110-B. Both forms are available on the TWDB website under “Program Guidance and Forms Library. Both documents are also included in Appendix A.

The BABA compliance forms, material certifications, mill test reports, or an other additional documentation to demonstrate BABA compliance be provided to the Owner prior to request for payment of any BABA compliant items.

By submitting a bid on this project, the Contractor acknowledges to and for the benefit of the City of Parker that they understand the goods and services under this Agreement are being funded with federal and/or state monies and have statutory requirements commonly known as “Build America;” that requires all the iron and steel, manufactured products, and construction materials used in the project to be produced in the United

States (“Build America, Buy America Requirements”) including iron and steel, manufactured products, and construction materials provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Owner and Funding Authority (a) the Contractor has reviewed and understands the

Build America, Buy America Requirements (BABA), (b) all of the iron and steel, manufactured products, and construction materials used in the project will be and/or have been produced in the United States in a manner that complies with the BABA

Requirements, unless a waiver of the requirements is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the BABA Requirements, as may be requested by the Owner or the Funding Authority. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Owner or Funding Authority to recover as damages against the

Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the Owner or Funding Authority resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the

Funding Authority or any damages owed to the Funding Authority by the Owner). If the

Contractor has no direct contractual privity with the Funding Authority, as a lender or awardee to the Owner for the funding of its project, the Owner and the Contractor agree that the Funding Authority is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the Funding Authority.

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PROPOSAL

TO

CITY OF PARKER, 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 Notice to Bidders, Contract

Agreement, General Conditions, specifications and the plans therein referred to, and has carefully examined the location, conditions, and classes of materials of the proposed work. The undersigned bidder hereby proposes to do all the work and furnish all necessary superintendence, labor, machinery, equipment, tools, materials, and other items incidental to construction that may be necessary to complete all the work upon which he bids, as provided by the attached specifications and shown on the plans, and binds himself on acceptance of this proposal to execute a contract and bonds

(where required), according to the accompanying forms, for performing and completing the said work within the time stated, and maintaining same as required by the detailed specifications for the prices stated on the following forms.

It is understood and agreed to commence work within ten (10) days after the date written notice to do so shall have been given to him and to complete the work within ____ calendar days bid for this project, as provided in the General Conditions of the contract.

Accompanying this proposal is a (Certified or Cashier's Check payable to the Owner)

(Bid Bond) in the amount of 5% G.A.B

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 will be allowed thirty (30) days from date of bid opening to make this decision. 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

100 1 L.S.

complete in place, the sum of

Dollars and Cents per

101 1 L.S.

complete in place, the sum of

Dollars and Cents per

102 1 L.S.

complete in place, the sum of

Dollars and Cents per

103 1 L.S.

complete in place, the sum of

Dollars and Cents per

104 676 S.Y.

complete in place, the sum of

Dollars and Cents per

Lump Sum

Lump Sum

Square Yard

Construct 6-Inch Thick Reinforced Concrete Driveway (Class C) Pavement on 6-Inch Mechanically Compacted Subgrade

Lump Sum

Description and Price in Words

City of Parker Parker Ranch 1-MG Elevated Storage Tank

H.W.L. 800 Feet

For Constructing a 1,000,000 Gallon Composite Elevated Water Storage Tank (Reinforced Concrete Column & Welded Steel Tank) In Accordance With The Plans & Specifications

For Site Preparation Including Clearing, Grubbing, Rootball Removal, & Site Grading

For Preparing & Submitting to the City an Excavation Safety Plan That is in Conformance With Latest OSHA Standards

For Furnishing & Installing a Complete Excavation Safety & Support System in Full Accordance With Latest OSHA Standards

Lump Sum

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Estimated Quantity Unit

Price in Figures

Extended Amount Description and Price in Words

105 917 L.F.

complete in place, the sum of

Dollars and Cents per

106 91 L.F.

complete in place, the sum of

Dollars and Cents per

107 30 L.F.

complete in place, the sum of

Dollars and Cents per

108 1 Ea.

complete in place, the sum of

Dollars and Cents per

109 1 Ea.

complete in place, the sum of

Dollars and Cents per Each

Furnish & Install 8-Foot Tall Decorative Aluminum Fence, Gate, Electric Gate Openers, Knox Box, Keypad, & Reinforced Concrete Mow Strip

Linear Foot

Furnish & Install 20-Inch PVC (AWWA C900, DR-

18) Water Line With Embedment By Open Cut Including All Fittings

Each

Furnish & Install 20-Inch R.S. Gate Valve With Electric Operator. Connect to SCADA.

Linear Foot

Furnish & Install 20-Inch R.S. Gate Valve With Manual Operator

Linear Foot

Furnish & Install 20-Inch Ductile Iron (AWWA C151, Pressure Class 250) Water Line With Embedment By Open Cut With Embedment, Cement-Mortar Lining, ISO 8179-1 Zinc Coating, & 8-Mil Cross-Linked Virgin Polyethylene Encasement

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Estimated Quantity Unit

Price in Figures

Extended Amount Description and Price in Words

110 1 Ea.

complete in place, the sum of

Dollars and Cents per

111 1 Ea.

complete in place, the sum of

Dollars and Cents per

112 1 Ea.

complete in place, the sum of

Dollars and Cents per

113 1 Ea.

complete in place, the sum of

Dollars and Cents per

114 30 L.F.

complete in place, the sum of

Dollars and Cents per Linear Foot

Each

Furnish & Install 18-Inch Reinforced Concrete Pipe Culvert (Class IV)

Each

Furnish & Install 2-Inch Irrigation Service (AWWA C901 HDPE Polytube TDR-9) Including All Fittings, Corp Stop, Plug & Meter Box

Furnish & Install Standard Fire Hydrant Assembly Including 6-Inch Gate Valve, 6-Inch DR-14 C900 Fire Lead, Anchor Coupling, Reinforced Concrete Splash Pad, Trust Blocking, & Protective Bollards

Each

Each

Connect to Existing 16-Inch Water Line Stubout

Furnish & Install 12-Inch R.S. Gate Valve With Electric Operator for Wet Riser Bypass. Connect to

SCADA.

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Estimated Quantity Unit

Price in Figures

Extended Amount Description and Price in Words

115 2 Ea.

complete in place, the sum of

Dollars and Cents per

116 1 L.S. 50,000.00$ 50,000.00$ complete in place, the sum of

Dollars and Cents per

117 1 L.S.

complete in place, the sum of

Dollars and Cents per

118 16 Mo.

complete in place, the sum of

Dollars and Cents per

TOTAL AMOUNT BID (Items 100 Through 118)

Bidders must comply with Section 70901 of P.L. 117-58 of the Bipartisan Infrastructure Law, 2021 (regarding the Build America, Buy America Act).

Lump Sum

Furnish Erosion Control Plan

Lump Sum

Each

Bid Allowance For Electric Utility Company Cost & Fees to Provide New Electrical Service to Site, If Required

Furnish & Install Safety End Treatment for 18-Inch RCP Culvert (No Pipe Runners)

Month

Furnish, Install, Maintain & Remove Erosion Control Measures

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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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QUALIFICATION STATEMENT OF BIDDERS

SUBMITTED TO: City of Parker

Reviewed by:

Date Received:

Contractor:

CIRCLE ONE: Sole Proprietor Partnership Corporation Joint Venture

Name: Partner:

Address: Address:

City: City:

Phone: Phone:

PRINCIPAL PLACE OF BUSINESS: PRINCIPAL PLACE OF BUSINESS:

County State County State

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

State of Incorporation:

Location of Principal Office:

Contact Persons at Office:

PERSON EXECUTING CONTRACTS ON BEHALF OF CORPORATION:

Name: Address:

Title:

Phone: City State Zip

Email:

Names of Officers: (If Applicable)

LIST NUMBER OF EMPLOYEES WORKING FOR CONTRACTOR:

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

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

TO THIS PROJECT:

TYPE(S) OF WORK COMPLETED: (CIRCLE)

Asphalt Paving Storm Sewer

Concrete Paving Earth Work

Channel Lining Water & Sanitary Sewer Lines

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Other:

COMMENTS:

LIST RECENTLY COMPLETED PROJECTS OF THE TYPE OF WORK QUALIFYING FOR

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

Project:

Owner/Engineer:

Year Built: Contract Price: $

Contact Person: Phone:

(USE ATTACHMENTS IF NECESSARY)

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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:

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 Parker

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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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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CONTRACT AGREEMENT

STATE OF TEXAS §

COUNTY OF COLLIN §

THIS AGREEMENT is made and entered into this day of 20 , by and between the City of Parker, of the County of Collin and State of Texas, acting through its Mayor, there unto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and

, of the City of , County of , State of Party of the Second Part, hereinafter termed CONTRACTOR.

WITNESSETH: That for and in consideration of the payment and agreement hereinafter mentioned, to be made and performed by the OWNER, the said CONTRACTOR hereby agrees with the said OWNER to commence and complete construction of certain improvements as follows:

and all extra work in connection therewith, under the terms as stated in the General and Specific Conditions of the

AGREEMENT; and at his 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 Advertisement for Bids, Instructions to Bidders, General Provisions, Special Provisions, Plans, and other drawings and printed or written explanatory matter thereof, and the Technical Specifications and

Addenda thereto, as prepared by the OWNER, each of which has been identified by the endorsement of the

CONTRACTOR and the OWNER thereon, together with the CONTRACTOR’s written Proposal and the General

Provisions, all of which are made a part hereof and collectively evidence and constitute the entire AGREEMENT.

The CONTRACTOR hereby agrees to commence work within ten (10) calendar days after the date of written notice to do so shall have been given to him, to complete the work by within Five Hundred (500) calendar days, after he commences work, subject to such extensions of time as are provided by the General Provisions.

The OWNER agrees to pay the CONTRACTOR

Dollars ($ ) in current funds for the performance of the Contract in accordance with the Proposal submitted thereof, subject to additions and deductions, as provided in the General Provisions, and to make payments of account thereof as provided therein.

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

CITY OF PARKER, TEXAS (Owner) (Contractor)

By: By:

Lee Pettle, Mayor

ATTEST ATTEST:

The following to be executed if the CONTRACTOR is a corporation:

I, ________________________________________ certify that I am the secretary of the corporation named as

CONTRACTOR herein; that ____________________________________________, who signed this Contract on behalf of the CONTRACTOR is the _____________________________ (official title) of said corporation; that said Contract was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

Signed:

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PERFORMANCE BOND

STATE OF TEXAS }

COUNTY OF COLLIN }

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 Parker, Texas (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 , 20____, to

PARKER RANCH 1-MG ELEVATED STORAGE TANK

H.W.L. 800 FEET

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 (Article 5160 for Public Work)

(Article 5472d for Private Work)* of the Revised Civil Statutes of Texas 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 , 20___.

Principal Surety

Title: Title:

Address: Address:

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

STATE OF TEXAS }

COUNTY OF COLLIN }

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 Parker, Texas (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 , 20___, to

PARKER RANCH 1-MG ELEVATED STORAGE TANK

H.W.L. 800 FEET

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 Article 5160 of the Revised Civil

Statutes of Texas 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 , 20___.

Principal Surety

Title: Title:

Address: Address:

The name and address of the Resident Agent of Surety is j:\clerical\parker\2025-130 parker ranch 1-mg est\specs\tech-spec\11-m bond.docx

MAINTENANCE BOND

THE STATE OF TEXAS }

} KNOW ALL MEN BY THESE PRESENTS:

COUNTY OF ___________ }

THAT , as Principal, and , a Corporation organized under the laws of Texas , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the , a Municipal Corporation, Texas, the sum of Dollars and Cents ($ ), for the payment of which sum will and truly be made unto said City of Parker, 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 Parker, Texas to build and construct which contract and the plans and specifications therein mentioned, adopted by the City of Parker, 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 Parker, 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 , 20___.

SURETY: PRINCIPAL:

WITNESS: ATTEST:

Secretary

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

CERTIFICATE OF INSURANCE(S)

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S A M P L E j:\clerical\parker\2025-130 parker ranch 1-mg est\specs\tech-spec\13-insurance (revised 3-13-2014).docx

S A M P L E j:\clerical\parker\2025-130 parker ranch 1-mg est\specs\tech-spec\13-insurance (revised 3-13-2014).docx

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 increases by at least $1 million.

As required by law, the Commission adopted the Certificate of Interested Parties form (Form 1295) on October 5, 2015. The Commission also adopted rules (Chapter 46) to implement the law. The Commission does not have any additional authority to enforce or interpret section 2252.908 of the Government Code.

Filing Process:

A business entity must use the Form 1295 filing application the Commission created to enter the required information on Form 1295 and print a copy of the completed form. Once entered into the filing application, the completed form will include a unique certification number, called a “certification of filing.”

An authorized agent of the business entity must sign the printed copy of the form affirming under the penalty of perjury that the completed form is true and correct.

The completed, printed, and signed Form 1295 bearing the unique certification of filing number must be filed with the governmental body or state agency with which the business entity is entering into the contract.

Acknowledgement by State Agency or Governmental Entity:

Page 1 of 21295 Information

8/1/2018https://www.ethics.state.tx.us/tec/1295-Info.htm

The governmental entity or state agency must acknowledge receipt of the filed Form 1295 with the certification of filing, using the Commission’s filing application, not later than the 30th day after the date the governing body or state agency receives the Form 1295. The Commission will post the completed Form 1295 to its website within seven business days after the governmental entity or state agency acknowledges receipt of the form.

Additional Information:

Section 2252.908, Government Code.

Certificate of Interested Parties (Form 1295)** **This is a sample form for illustration purposes only. DO NOT FILL OUT THIS SAMPLE FORM. Form 1295 MUST BE FILED ELECTRONICALLY! Paper copies and PDF copies of this sample form are not accepted!

Chapter 46, Ethics Commission Rules (includes new rule 46.4, regarding changes to contracts, which went into effect on January 1, 2017)

Frequently Asked Questions

Last Revision: December 21, 2017

Page 2 of 21295 Information

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

FORM 1295CERTIFICATE OF INTERESTED PARTIES

OFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLYYYYY

6 UNSWORN DECLARATION

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

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

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

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

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

(month) (year)

Signature of authorized agent of contracting business entity (Declarant)

ADD ADDITIONAL PAGES AS NECESSARY

Name of Interested Party Nature of Interest (check applicable)City, State, Country

(place of business) Controlling Intermediary

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

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

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

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

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

Check only if there is NO Interested Party.

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

CONSTRUCTION STAKING CERTIFICATION

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CONSTRUCTION STAKING

Control for the project has been set by the Engineer and control is shown in the Construction Plans.

Contractor shall complete all construction staking. Cut sheets shall be provided to the inspector.

Prior to commencement of the work by the Contractor, the Contractor shall submit an electronic digital file (.DWG or .DXF format) containing a minimum of two Birkhoff, Hendricks & Carter, L.L.P. control points and this certification form stating that the construction staking is tied to the project control points established in the Plans.

The Engineer will review Contractor’s electronic survey file to verify that the survey file is tied to the project control.

I, of (Surveyor’s Name (Company) certifies that all construction staking is tied to the project control system.

Signature…