Construction Contract Documents.pdf

CONTRACT DOCUMENTS AND SPECIFICATIONS

FOR

Paving, Drainage & Utility Improvements

For

FALMOUTH DRIVE & ALANDALE DRIVE

IN THE

PREPARED BY:

TEAGUE NALL AND PERKINS, INC.

5237 N. Riverside Drive, Suite 100

FORT WORTH, TEXAS 76137

TBPELS: F-230; SURV 10011600, 10011601, 10194381

TX-AE: BR 2673

FOR25607

TABLE OF CONTENTS

PART I PROJECT NOTICE

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

PART II BID PROPOSAL

PART III CONTRACTUAL DOCUMENTS

STANDARD FORM OF AGREEMENT

PERFORMANCE BOND

PAYMENT BOND

MAINTENANCE BOND

CERTIFICATION OF INSURANCE (SAMPLE

FORM)

CONTRACTOR’S RELEASE TO CITY

CONTRACTOR’S AFFIDAVIT OF FINAL

PAYMENT

PART IV SPECIAL CONDITIONS

PART V SPECIAL PROVISIONS

PART VI TECHNICAL SPECIFICATIONS

PART I

PROJECT NOTICE

NOTICE TO BIDDERS

Sealed Proposals on forms prepared by the Engineer will be received, and then publicly opened and read, for furnishing all labor, material, equipment and performing all work required for the

Paving, Drainage & Utility Improvements

City of Forest Hill, Texas

Proposals, submitted in sealed envelopes, and marked in the upper left-hand corner

Paving, Drainage & Utility Improvements for FALMOUTH DRIVE & ALANDALE DRIVE will be publicly opened at 2:00 pm (local time) on Tuesday June 16, 2026 , at FOREST HILL

CITY HALL, 3219 CALIFORNIA PARKWAY, FOREST HILL, TX 76119

All proposals shall be accompanied by a Proposal Guaranty consisting of either a cashier's check or a Bid Bond on the form included or similar form of Surety Company made payable to THE CITY OF FOREST HILL, and in the amount of five percent (5%) of the total amount of the proposal as a guarantee that if the proposal is accepted, the bidder will execute the Contract and furnish the required Bonds within the time provided in the “Proposal To The City of Forest Hill, Texas”.

Bidders should carefully examine the plans, specifications, and other documents; visit the site of the work; fully inform themselves as to all conditions and matters that can in any way affect the work or the costs thereof. Should a bidder find discrepancies or omissions from the plans, specifications or any other documents or should he/she be in doubt as to the meaning, he/she should at once notify the Engineer and obtain clarification prior to submitting any bid.

The Notice to Proceed for this project is expected to be issued on August 3, 2026 to accommodate final completion by December 1, 2026 in accordance with the project’s funding requirements. The contractor shall plan and bid accordingly to have material delivered and multiple crews mobilized as necessary to complete the work on time.

Plans & Specifications and Contract Documents may be examined and/or downloaded from CIVCAST.com without charge starting May 26, 2026.

Minimum wage rates for all laborers and mechanics on the project must not be less than Federal Wage Decision Publication provided in the Contract Documents and Wage Provisions must particularly comply with all other applicable wage laws of the State of Texas.

The City of Forest Hill reserves the right to reject any or all bids and waive any or all informality in the bids received, and to select a bid best suited to the City of Forest Hill’s best interest. In case of ambiguity or lack of clearness in stating bid prices, the City of Forest Hill reserves the right to adopt the most advantageous construction thereof, or to reject any or all bids. No bid may be withdrawn within sixty (60) days after the date on which bids are opened.

1st Publication: _May 26, 2026 2nd Publication: _June 2, 2026

END OF NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

PREPARATION OF BID

Each bid must be submitted in a sealed envelope bearing the name and address of the bidder and name of project for which the bid is submitted.

QUALIFICATION AND PRE-QUALIFICATION OF BIDDER

The Owner will make such investigations as he deems necessary to determine the ability of the bidder to perform the work. The bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work as described

After bids have been opened and a low bidder has been determined, qualification and experience forms and statements may be required by the Owner to be completed by the low bidder prior to Award. All Subcontractors who intend to perform 10% or more of the work may also be required to complete the forms. This information will be used in determining the qualifications of the low bidder and his major Subcontractors to perform the work.

BID SECURITY

Each bid must be accompanied by a certified check or a bid bond, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of 5% of the bid. Such checks or bid bonds will be returned to all except the three lowest bidders within thirty (30) days after the opening of bids, if requested. The remaining checks or bid bonds will be returned after the Owner and the successful bidder have executed the contract, if requested. The contract will be executed only after City Council approval of submitted bid.

The successful bidder shall forfeit to the Owner, as liquidated damages, the security deposited upon his failure or refusal to execute and deliver the contract, performance and payment bonds, if required, within ten (10) days after he has received notice of the acceptance of his bid.

POWER OF ATTORNEY

Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and current copy of their power of attorney.

PERFORMANCE AND PAYMENT BONDS

In the event the total contract amount exceeds $100,000, it is further agreed by the parties that the Contractor will execute separate performance and payment bonds, each in the sum of one hundred (100) percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the contract. It is agreed that this contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner.

No exceptions to this provision allowed.

Unless otherwise approved in writing by the Owner, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. The cost of the premium for the performance and payment bonds shall be included in the Contractor's proposal.

TIME OF COMPLETION

Bidder must agree to commence on or before the date stated in the Contract, and to fully complete the project within the specified time as stated in the proposal.

CONDITIONS OF WORK

At the time of the bid opening it is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work and has fully informed himself of the general and local conditions relating to the completion of the project and any and all other matters which can in any way effect the work under this contract.

Contractor has read and is thoroughly familiar with the plans and contract documents (including all addenda). Failure to do so will not relieve the successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of the contract. No verbal agreement or conservation with any officer, agent or employee of the Owner or Engineer, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained.

NOTICE OF SPECIAL CONDITIONS

Attention is particularly called to those parts of the contract documents and specifications, which deal with the following:

a. Inspection and testing of materials

b. Insurance requirements (see General Conditions)

c. Workers Compensation Insurance (see General Conditions)

d. Prevailing Wage Rates (see General Conditions)

LAWS AND REGULATIONS

The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract. All of the above will be deemed to be included in the contract the same as though herein written out in full.

METHOD OF AWARD

This contract shall be awarded for the lowest bid submitted by a responsible bidder meeting the requirements of the City of Forest Hill. In submitting a bid, Contractors verify their bid will be valid for sixty (60) days after the opening of bids. No award will be made until after investigations are made as to the responsibilities of the bidder. If such bid exceeds budget amount, the Owner may reject all bids or may award the contract on the base bid combined with such deductible alternates so as to produce an amount which is within the available funds.

No combined or conditional bids will be accepted.

WORK ORDER CHANGES

It is agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated. All work is to be performed as provided for in the specifications. The Owner reserves the right to increase or decrease the amount of work to be done by any amount not to exceed twenty-five percent (25%) of the original contract amount. In the event the increase pertains to items not originally bid, the Contractor shall submit a bid in writing to the Engineer for approval.

All change orders shall be approved by the Engineer and City’s designated representative prior to work being started on said change. The Owner reserves the right to reject the Contractor's bid on such extra work and secure such work to be done other than by said Contractor.

STATE AND CITY SALES TAX

The Contractor's attention is directed to Section 15.311 of the Tax Code of the State of Texas. Recent legislation has removed the sales tax exemption previously provided by Section

15.311 of the Tax Code covering tangible personal property purchased by a Contractor for use in the performance of a contract for the improvement of City owned realty.

It is still possible, however, for a Contractor to make tax-free purchases of tangible personal property, which will be incorporated into and become a part of a City construction project through the use of a "separated contract” with the City. A "separated contract” is one which separates charges for materials from charges for labor. Under such a contract, the Contractor becomes a "seller" of those materials, which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The Contractor issues a resale certificate in lieu of paying sales tax at the time such items are purchased. The Contractor then receives an exemption certificate from the City for those materials. (This procedure may not be used, however, for materials that do not become a part of the finished product. For example, equipment rentals, form materials, etc. are not considered as becoming "incorporated" into the project.)

PROHIBITION AGAINST PERSONAL FINANCIAL INTEREST IN CONTRACTS

No officer or employee shall have a direct or indirect interest, in any proposed or existing contract, purchase, work, sale or service to or by the City or shall vote or render a decision, or use his position, authority, influence in a manner that would result in his financial betterment to any degree.

PART II

BID PROPOSAL

PROPOSAL

TO: CITY MANAGER

CITY OF FOREST HILL, TEXAS

3219 California Parkway Forest Hill, Texas 76119

FOR: Paving, Drainage & Utility Improvements

1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and be completed in full within the Contract Time, 120 calendar days, indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

2. BIDDER accepts all of the terms and conditions of the advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for sixty (60) days after the day of the Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding requirements within fifteen (15) days after the date of OWNER’S Notice of Award.

3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement that:

3.1 BIDDER has examined copies of all the Bidding Documents and of the following Addenda

(receipt of all which is hereby acknowledged):

DATE NUMBER

3.2 BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work.

3.3 BIDDER has studied carefully all reports and drawings of physical conditions which are identified in the Special Conditions.

3.4 BIDDER has carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in 3.3 above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing Work at the Contract Price, and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes.

3.5 BIDDER has reviewed and checked all information and data shown or indicated on the

Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents.

3.6 BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.

3.7 BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER.

4. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought collusion to obtain for itself any advantage over any other BIDDER or OWNER.

5. BIDDER will complete the work for the prices indicated in the following schedule.

BASE BID – FALMOUTH DRIVE - PAVING

Item No.

Estimated Quantity

Unit

Name of Pay Item with

Unit Price in Words

Unit Bid

Price

Amount

Bid

1 1 LS

General Site Preparation @

Dollars Cents Per Unit

2 1,788 LF

Remove Exist Concrete Curb & Gutter @

3 604 SY

Remove Exist Concrete Driveways, Lead Walk & Valley Gutters @

Dollars

4 1 LS

Remove & Salvage Exist Stone Wall @

5 1 LS

Remove & Salvage Stone Path @

6 4 EA

Remove & Salvage & Rebuild Brick Mailbox @

Dollars

7 538 CY

Unclassified Street Excavation @

8 5,014 SY

8" Lime Stabilized Subgrade @

9 105 TON

Lime for Stabilizing Subgrade (42#/SY) @

10 1,859 LF

6" Concrete Monolithic Curb @

11 4,629 SY

6" Reinforced Concrete Pavement @

12 116 SY

HMAC Transition Pavement @

13 374 SY

6" Reinforced Concrete Drive Approach @

14 144 SY

6" Reinforced Concrete Driveway Repair

Dollars

15 4 SY

4" Concrete Lead Walk @

16 891 SY

6" Topsoil @

17 1513 SY

Solid Block Grass Sodding @

18 1 LS

Sprinkler / Irrigation Adjustments Allowance @

TEN THOUSAND Dollars NO Cents

$10,000.00

19 1 LS

Erosion Control and SWPPP @

20 10 EA

Adjust Exist Water Valve to Grade @

21 3 EA

Adjust Exist SSMH to Grade @

22 1 EA

Adjust Exist Gas MH to Grade @

23 1 LS

Miscellaneous Paving Allowance@

TWENTY THOUSAND Dollars

$20,000.00

FALMOUTH DRIVE- PAVING BASE BID TOTAL $ ________________

BASE BID – FALMOUTH DRIVE - STORM DRAIN

24 88 LF

Remove Exist RCP @

25 2 EA

Remove Exist Curb Inlet @

26 43 LF

18" Class III RCP @

Dollars

27 6 LF

21" Class III RCP @

Dollars

28 23 LF

30" Class III RCP @

29 255 LF

36" Class III RCP @

30 2 EA

10' Curb Inlet @

31 1 EA

15' Curb Inlet @

32 1 EA

20' Curb Inlet @

33 1 EA

6' Storm Drain Manhole @

34 2 EA

Concrete Collar @

35 1 EA

Cap 30” RCP @

36 2 EA

Connect to Exist Storm Drain System @

37 327 LF

Trench Safety for Storm Drain Installation

Dollars

38 230 LF

Temporary 1 1/2" HMAC Pavement Repair for Storm Drain Install @

Dollars

39 43 SY

Permanent HMAC Pavement Repair for Storm Drain Install @

Dollars

40 3 EA

8” Water Line Lowering @

41 1 EA

Relocate Exist Water Valve @

Dollars

42 32 LF

6” SDR-26 D-2241 PVC Embed in Cement Sand @

Dollars

43 1 LS

Miscellaneous Drainage Allowance @

TEN THOUSAND Dollars

FALMOUTH DRIVE STORM DRAIN BASE BID TOTAL $ ________________

BASE BID – FALMOUTH DRIVE – SANITARY SEWER

44 10 LF

8" SDR-26 PVC Sewer Pipe @

45 1 EA

4' Dia.Sanitary Sewer Manhole @

BASE BID – FALMOUTH DRIVE – SANITARY SEWER

46 1 EA

Connect To Existing Sanitary Sewer @

47 10 LF

Trench Safety For Sanitary Sewer Installation @

Dollars

48 10 LF

for Sanitary Sewer Install @

Dollars

49 10 LF

Temporary 6" Flex-Base Pavement Repair for Sanitary Sewer Install @ Dollars

50 258 LF

Pre-Construction Television Inspection @

51 258 LF

Post Construction Television Inspection @

FALMOUTH DRIVE SANITARY SEWER BASE BID TOTAL $ ________________

FALMOUTH DRIVE-PAVING BASE BID TOTAL $ ________________

FALMOUTH DRIVE-STORM DRAIN BASE BID TOTAL $ ________________

FALMOUTH DRIVE-SANITARY SEWER BASE BID TOTAL $ ________________

FALMOUTH DRIVE BASE BID TOTAL $ ________________

BASE BID – ALANDALE DRIVE PAVING

52 849 LF

Remove Exist Concrete Curb & Gutter @

53 486 SY

Remove Exist Concrete Driveways & Lead Walk @

Dollars

54 1 LS

Remove Stone Pavers to ROW @

55 301 CY

Unclassified Street Excavation @

56 2,445 SY

8" Lime Stabilized Subgrade @

57 51 TON

Lime for Stabilizing Subgrade (42#/SY) @

58 731 LF

6" Concrete Monolithic Curb @

59 2,226 SY

6" Reinforced Concrete Pavement @

60 93 SY

HMAC Transition Pavement @

61 285 SY

6" Reinforced Concrete Drive Approach @

62 176 SY

6" Reinforced Concrete Driveway Repair

Dollars

63 449 SY

6" Topsoil @

64 1880 SY

Solid Block Grass Sodding @

65 1 LS

Sprinkler / Irrigation Adjustments Allowance @

TEN THOUSAND Dollars

66 1 LS

Erosion Control and SWPPP @

67 2 EA

Adjust Existing SSMH to Proposed Grade

Dollars

68 1 LS

Miscellaneous Paving Allowance @

TWENTY THOUSAND Dollars

ALANDALE DRIVE PAVING BASE BID TOTAL $ ________________

BASE BID – ALANDALE DRIVE STORM DRAIN

69 2 EA

Remove & Salvage Exist Fire Hydrant @

70 4 EA

Remove Exist Water Valve @

71 2 EA

Cut, Plug & Abandon Exist Water Line @

72 143 LF

Remove Exist RCP @

73 1 EA

Remove Exist Storm Drain Manhole @

Dollars

74 3 EA

Remove Exist Curb Inlet @

Dollars

75 17 LF

24" Class III RCP @

76 119 LF

36" Class III RCP @

77 13 LF

4’x2’ RCB @

78 2 EA

10' Curb Inlet @

79 1 EA

10' Open Back Curb Inlet @

80 5 SY

Conc Flume/Apron to Inlet @

81 1 EA

5’ Square Storm Drain Manhole @

82 2 EA

4' Square Storm Drain Manhole @

83 2 EA

Concrete Collar @

84 1 EA

Connect to Exist Storm Drain System @

85 150 LF

Trench Safety for Storm Drain Installation

Dollars

86 195 LF

for Storm Drain Install @

Dollars

87 10 LF

6” DR-18 C900 PVC Water Line @

88 2 EA

6” Gate Valve and Box @

89 1 EA

6” Water Line Lowering @

90 2 EA

Standard Fire Hydrant @

91 16 LF

6” Ductile Iron Sanitary Sewer Pipe (Grouted Through Walls of SDMH) @

Dollars

92 4 EA

Connect to Exist San Sewer System @

Dollars

93 1 LS

Miscellaneous Drainage Allowance @

TEN THOUSAND Dollars

ALANDALE DRIVE STORM DRAIN BASE BID TOTAL $ ________________

ALANDALE DRIVE - PAVING BASE BID TOTAL $ ________________

ALANDALE DRIVE - STORM DRAIN BASE BID TOTAL $ ________________

FALMOUTH DRIVE BASE BID TOTAL $ ________________

ALANDALE DRIVE BASE BID TOTAL $ ________________

TOTAL PROJECT BASE BID $ ________________

BIDDER acknowledges that the quantities indicated in the previous schedule are not guaranteed and may be changed to conform to the Work. BIDDER understands that the quantities shown in the previous schedule and as modified by change orders will be the actual quantities paid by the OWNER for the completion of work.

6. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time.

7. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions.

Respectfully submitted, By ___________________________

Printed

Title __________________________

Address _______________________

Phone No. _____________________

Submitted by a corporation

Doing business as , Communication concerning this Bid should be directed to the attention of

- END OF PROPOSAL -

PART III

CONTRACTUAL DOCUMENTS

SFOCA – 1

STANDARD FORM OF CONSTRUCTION AGREEMENT

THE STATE OF TEXAS §

COUNTY OF TARRANT §

THIS AGREEMENT is entered into this day of , 20__ by and between the CITY OF FOREST HILL, a municipal corporation, of the County of

Tarrant and State of Texas, hereinafter called "OWNER" and of the City of County of and

State of TEXAS hereinafter called "CONTRACTOR."

OWNER and CONTRACTOR in consideration of the mutual covenants contained in this Agreement, agree as follows:

ARTICLE 1. WORK.

CONTRACTOR covenants and agrees to perform the Work in every detail, in a good and first-class workmanlike manner as specified and indicated in the Contract Documents, of which are incorporated in this Agreement in their entirety as if they were herein set out at length written word for word. The CONTRACTOR shall furnish all labor, materials, tools and equipment required to perform and complete the Work in strict accordance with these Contract Documents. The Work is described as follows:

Paving, Drainage & Utility Improvements

ARTICLE 2. CONTRACT PRICE.

OWNER agrees to pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, the price or prices shown in the bidder's proposal, which total the following amount:

Total Base Bid: $

Dollars and xx/100 Cents

SFOCA – 2

ARTICLE 3. CONTRACT TIME / LIQUIDATED DAMAGES.

Unless otherwise stated in this agreement, time shall be considered of the essence.

a. When time is of the essence, the CONTRACTOR shall be liable for failure to deliver or delay in delivery occasioned by and including without limitation strikes, lock-outs, inability of obtaining material or shopping space, breakdowns, delays of carriers or suppliers, and pre-existing governmental acts and regulations of the Federal and State governments or any subdivision thereof, unless such governmental acts and regulations affecting delivery could not be found, recognized, or discovered by due diligence on the part of the CONTRACTOR prior to submission of his/her bid and City Council's acceptance thereof.

b. When time is not of the essence, this agreement shall be inoperative during such period of time that aforesaid delivery or acceptance may be rendered impossible by reason of fire, strike, Acts of God, or government regulation. Provided, however, to the extent that the CONTRACTOR has any commercially reasonable alternative method of performing this contract by purchase on the market or otherwise, he/she shall not be freed of his/her obligation hereunder by this clause, even though the goods intended for this contract were destroyed or their delivery delayed because of any event described above.

As time is of the essence on this contract, CONTRACTOR agrees to commence work under this contract within ten (10) days from the date specified in the "Notice to Proceed" and to totally complete the Work within 120 consecutive calendar days after the date specified in the "Notice to Proceed", subject to such extensions of time as are indicated in the Special Provisions. The CONTRACTOR further agrees to pay as liquidated damages, a sum of money in accordance with Division 100, Section 108.8.1 of the NCTCOG Public Works Construction Standards, Fifth Edition, November 2017, with latest amendments (as published by the North Central Texas Council of Governments) for each calendar day that any work remains uncompleted after the time specified above or after any extensions of time as are provided in the Special Provisions. It is understood between the parties hereto that the sum of money per day referenced shall be treated as liquidated damages and not as a penalty, and the OWNER may withhold from the CONTRACTOR's compensation such sums as liquidated damages.

ARTICLE 4. PARTIAL PAYMENT.

OWNER shall make payments to the CONTRACTOR in the following manner. On or about the first of each month, the OWNER, or the OWNER's Authorized Representative, will make accurate estimates of the value, based on contract prices, of the work done and materials incorporated in the work and of materials suitably stored at the site during the preceding calendar month. The CONTRACTOR shall furnish to the OWNER, or the

SFOCA – 3

OWNER's Representative, such detailed information as the OWNER may request to aid OWNER as a guide in the preparation of the monthly estimate.

Within the following thirty (30) days, OWNER shall make partial payments to the

CONTRACTOR for work performed during the preceding calendar month as estimated by the OWNER or OWNER's Representative. Ten percent (10%) of each estimate shall be retained by the OWNER until final completion and acceptance of all work covered by the Contract for contracts less than four hundred thousand dollars ($ 400,000). Five percent (5%) of each estimate shall be retained by the OWNER until final completion and acceptance of all work covered by the Contract for contracts greater than four hundred thousand dollars ($ 400,000). Upon completion and acceptance of all work in compliance with the Contract, the OWNER shall, within thirty (30) days, pay the CONTRACTOR the balance due under the terms and conditions of the Contract.

ARTICLE 5. DISCRIMINATION.

The CONTRACTOR agrees, in connection with the performance of work under this contract as follows:

a. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, color, sex, religion, national origin or ancestry. Such actions shall include, but not be limited to, the following:

employment, upgrading, demotion or transfer, recruiting or recruitment, advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship.

b. The CONTRACTOR agrees to include this non-discrimination clause in any subcontracts connected with the performance of this agreement.

c. In the event of the CONTRACTOR's non-compliance with the above non-discrimination clause, the contract may be canceled or terminated by the OWNER. The CONTRACTOR may be declared by the OWNER to be ineligible for future contracts with the OWNER, until satisfactory proof of intent to comply shall be made by the CONTRACTOR.

ARTICLE 6. ENTIRE CONTRACT.

This Contract and Agreement contains the entire understanding and agreement of the parties upon the subject matter hereof. There is no agreement, oral or otherwise, which is not set forth in writing as part of this Agreement or the Contract Documents.

SFOCA – 4

ARTICLE 7. MODIFICATION.

This contract cannot be modified except by a writing signed by both parties.

ARTICLE 8. VARIABLES IN COST.

The parties hereto assume and understand that the variables in the CONTRACTOR's cost of performance may fluctuate; consequently, the parties hereto agree that any fluctuations in the CONTRACTOR's costs will in no way alter the CONTRACTOR's obligations under this contract nor excuse nonperformance or delay on his/her part.

ARTICLE 9. VENUE.

This contract shall be governed by the laws of the State of Texas.

ARTICLE 10. CONTRACT DOCUMENTS.

Documents Listed. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR for the performance of and payment for the Work, consist of the following:

(1) This Agreement

(2) Addendum(s)

(3) “Notice to Bidders” advertisement

(4) Bidder’s Proposal

(5) Special Instruction to Bidders

(6) Performance, Payment and Maintenance Bonds

(7) Certification of Insurance

(8) Notice to Proceed

(9) Project Construction Plans (Drawings)

(10) Special Provisions

(11) Technical Specifications

(12) General Provisions

(13) Special Specifications

(14) Special Material and/or Equipment Specifications

(15) Special Material and/or Equipment Drawings

(16) North Central Texas Council of Government “Public Works Construction

Standards”

(17) North Central Texas Council of Government “Standard Drawings for Public

Works Construction”

(18) North Central Texas Council of Government references

SFOCA – 5

IN TESTIMONY WHEREOF, the CITY OF FOREST HILL has caused this instrument to be signed in its corporate name, and on its behalf by the City Manager, duly authorized to execute this instrument by the City Council and

(CONTRACTOR)

a corporation, a partnership, an individual ("X" out the inappropriate wording) acting by and through its duly authorized officials, thereby binding themselves for the faithful and full performance of the terms and provisions of this Agreement.

OWNER CONTRACTOR

By: By:

Title: Title:

ATTEST: ATTEST:

By: By:

Title: Title:

PB-1

PERFORMANCE BOND

STATE OF TEXAS §

KNOW ALL MEN BY THESE PRESENTS: That

(hereinafter referred to as "Principal") of the

City of , County of and State of Texas , and (hereinafter referred to as "Surety"), 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

FOREST HILL (hereinafter referred to as "Owner"), in the penal sum of

Dollars and Cents ($ ) not less than 100% of the approximate total amount of the contract as evidenced in the bid proposal 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 , , for the Paving, Drainage & Utility Improvements which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, the condition of this obligation is such, that if the said Principal fully and faithfully executes the work and performance of the contract in accordance with the plans (drawings), specifications, and contract documents, including any extensions thereof, 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.

PB-2

PROVIDED, HOWEVER, that this Bond is executed pursuant to the provisions of Chapter 2253, Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute(s) to the same extent as if they were fully copied at length herein.

Surety, for value received, stipulates and agrees that the bond shall automatically be increased by the amount of any change order or supplemental agreement with increases the contract price with or without notice to the Surety and 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 on this the day of , .

(Principal) (Surety)

By By

Title Title

Address _ Address

PB-3

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: That of the City of , County of and State of , (hereinafter referred to as "Principal"), and ___________________________ hereinafter referred to as "Surety"), authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Forest Hill (hereinafter referred to as "Owner"), in the penal sum and Cents ($ ) [not less than 100% of the approximate total amount of the contract as evidenced in the bid proposal] 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 , , for the 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 the bond guarantees the full and proper protection of all claimants supplying labor and material in the prosecution of the work provided for in said contract and for the use of each claimant, and that conversely should the Principal faithfully perform said contract and in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by

PB-4

said contract agreed to by the Principal, and according to the true intent and meaning of said contract and the claims 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 Chapter 2253, Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute(s) to the same extent as if they were fully copied at length herein.

Surety, for value received, stipulates and agrees that the bond shall automatically be increased by the amount of any change order or supplemental agreement with increases the contract price with or without notice to the Surety and 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.

Address Address

MB-1

MAINTENANCE BOND

STATE OF TEXAS §

KNOW ALL MEN BY THESE PRESENTS: That , (hereinafter referred to as "Principal"), and (hereinafter referred to as "Surety"), are held and firmly bound unto the City of Forest Hill , a municipal corporation, as Obligee, (hereinafter referred to as "Owner"), in the amount of Dollars and Cents ($ ) for the payment of which Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally.

Contractor has by written agreement entered into a contract with Owner for the

Paving, Drainage & Utility Improvements

FALMOUTH DRIVE & ALANDALE DRIVE

City of Forest Hill, Texas dated the day of , which contract is by reference made a part of this bond and is hereinafter referred to as the "Contract".

Under the Contract, it is provided that the Contractor shall maintain and keep in good repair the work constructed or equipment furnished by it as contemplated by the plan drawings, specifications, and other Contract documents, and perform for a period of two ( 2 ) years from the date of acceptance as shown in the Letter of Acceptance issued by the City Engineer or his/her authorized agent, or the date of Final Payment by the Owner if a separate Letter of Acceptance is not issued, all necessary repairs, reconstruction or replacement of any part of the work, and to furnish the labor and materials to make good and to repair any defective condition growing out of or on account of the breakage or failure of any substance or the improper function of any part of the construction work. The Contractor shall reimburse the Owner for the costs of all engineering and special services required to be furnished by the Owner which are directly attributable to the repair, reconstruction or replacement of the work.

The maintenance under this bond contemplates the complete restoration of the work to a functional use if that should be necessary. It is the intended purpose of this bond to require the correction of all defective conditions

MB-2

resulting from materials furnished or work and labor performed by the Contractor under the Contract; and in case the Contractor or Surety shall fail or refuse to commence and actively pursue such corrections within ten (10) days after written notification has been furnished to them by the Owner, it is agreed that the Owner may do the work and supply such materials and the Contractor and Surety shall be liable for the payment of all costs thereby incurred, jointly and severally.

THEREFORE, if the Contractor shall keep and perform its agreement to maintain the work and keep the same in good repair for the maintenance period as provided above, then this bond shall be null and void and have no further effect; but if default shall be made by the Contractor in the performance of its obligation to maintain and repair the work, then this bond shall have full force and effect and the Owner shall be entitled to recover from the Contractor and Surety, as provided in this bond. It is further understood and agreed that the obligation under this bond shall be a continuing one against the Contractor and Surety, and that successive recoveries may be had hereon for successive breaches until the full amount shall have been exhausted. It is further understood that the obligation to maintain the work shall continue throughout the maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during that time.

The Owner shall be entitled to its reasonable attorneys' fees and costs in any legal proceeding to enforce the Owner's rights under this bond.

Address Address

(SAMPLE FORM)

CERTIFICATE OF INSURANCE

TO: Date

Project No.

Owner Type of Project Address

THIS IS TO CERTIFY THAT

(Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the types of Insurance and in accordance with the provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted on reverse side hereof.

TYPE OF INSURANCE

Policy No.

Effective

Expires

Limits of Liability

Workmen's Compensation

Public Liability

1 Person

1 Accident

Contingent Liability

1 Person

1 Accident

Property Damage

Builder's Risk

Automobile

Other

The foregoing Policies (do) (do not) cover all sub-contractors.

Locations Covered:_____________________________________________________________

Descriptions of Operations Covered:_______________________________________________________________

The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than five days after the insured has received written notice of such change or cancellation.

Where applicable local laws or regulations require more than five days actual notice of change or cancellation to the assured, the above policies contain such special requirements, either in the body thereof or by appropriate endorsement thereto attached.

(Name of Insurer)

By______________________________________________

Title_____________________________________________

CONTRACTOR'S RELEASE TO CITY

TO: CITY OF FOREST HILL, TEXAS

RE: Paving, Drainage & Utility Improvements

This is to certify that ___________________________, by acceptance of

(NAME OF CONTRACTOR)

this final payment, hereby releases the OWNER, the City of Forest Hill, from all claims and all liabilities of the City of Forest Hill for all things done or furnished in connection with work on this project and further releases the City of Forest Hill from liabilities arising from any act of the OWNER or his/her agent arising in connection with this project. This release in no way operates to release the CONTRACTOR or his/her Surety from any obligations under this contract or the bond tendered pursuant thereto.

(NAME OF CORPORATION)

(AUTHORIZED AGENT)

CR-1

CORPORATION ACKNOWLEDGMENT

COUNTY OF §

BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he/she is the of the said , a corporation, and that he/she is authorized by said corporation to execute the foregoing instrument as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated.

GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of

(Notary Public in and for the State (Type or Print Notary's Name) of Texas)

My Commission Expires:

CR-2

CA-1

CONTRACTOR’S AFFIDAVIT OF FINAL PAYMENT

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

, (hereinafter referred to as Affiant), who, (NAME) after being by me duly sworn, deposes and says that he/she is the

(TITLE)

of (a

(NAME OF COMPANY)

corporation, partnership, trade name) of County, State of Texas (hereinafter referred to as Contractor), which said Contractor was awarded the contract dated the day of , , for the construction of the Paving, Drainage & Utility Improvements for FALMOUTH DRIVE & ALANDALE DRIVE(hereinafter referred to as the “Work”), for a total consideration of _ and Cents ($ ) to be paid to the said Contractor (the Contract), and that Affiant has full power of authority to make this affidavit.

That THE CITY OF FOREST HILL , (hereinafter referred to as “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 Chapter 2253 of the Texas Government Code, 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.

CA-2

That in addition to any funds which may have been previously paid by the

Owner, the Contractor hereby accepts the amount of

_ Dollars and Cents ($ ) 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 (hereinafter referred to as

“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.

CA-3

This affidavit is made in compliance with the law and in compliance especially with Chapter 2253 of the Texas Government Code and that the undersigned, upon his/her oath, states that the facts indicated in the above instrument of writing are true and correct and that he/she is not incapacitated an any way from making this affidavit.

WITNESS my hand this the day of , 20 .

(Affiant)

(Printed Name)

SUBSCRIBED AND SWORN TO BEFORE ME, this the day of

(Notary Public in and for the State (Type or Print Notary's Name) of Texas)

My Commission Expires:

PART IV

SPECIAL CONDITIONS

SPECIAL CONDITIONS

1. GENERAL:

The "GENERAL CONDITIONS" of this Contract shall be "Division 100: General Provisions as published in North Central Texas Council of Governments' (NCTCOG's) Public Works Construction Standards, Fifth Edition, November, 2017 with all current amendments, herein referred to as "NCTCOG's Standard Specifications" or as the "Standard Specifications."

NCTCOG's Public Works Construction Standards are hereby incorporated into these Special Contract Documents and shall be binding to the Contract, except where modified in the Plans or these Special Contract Documents.

The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents subject to the ruling of the Engineer shall generally, but not necessarily, follow the guidelines listed below:

1. Plans

2. Contract Documents

3. NCTCOG's Standard Specifications

The special Conditions herein shall be applicable to this project and shall govern over any conflicts with NCTCOG's Standard Specifications under the provisions stated above.

2. PROJECT DESIGNATION: Construction under these Contract Documents shall be performed under the City of Forest Hill Project Designation:

for City of Forest Hill, TX

3. EQUAL EMPLOYMENT PROVISIONS: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, sex, religion, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotions or transfers, recruitment or recruitment advertising, layoffs, or terminations, rates of pay, or other forms of compensation, selection of training, including apprenticeship, and participating in recreational and educational activities.

The Contractor will in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, sex, religion, or national origin. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract. Such provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

The Contractor shall keep such records and submit reports concerning the racial and ethnic origin of applicants for employment and employees as the Owner may require.

4. WAGE RATES: The labor classifications and minimum wage rates set forth herein have been predetermined as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any sub-contractor on the site of the project covered by the Contract Documents. In no event shall less than the following rates of wages (indicated on the following pages) be paid.

5. CITY FURNISHED MATERIALS: The City of Forest Hill will provide haul off of demolished concrete paving and traffic control, barricades, and warning signs. There are no other City furnished materials on this project. All materials for construction of the project, including water for compaction, shall be furnished by the Contractor.

6. EXISTING UTILITIES: The location and dimensions shown on the plans relative to existing utilities are based on available information. It shall be the Contractor's responsibility to verify locations of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all services encountered.

Any damage to utilities resulting from the Contractor's operations shall be restored at his expense.

7. EXISTING STRUCTURES AND WORK WITHIN ROW OR EASEMENTS: Existing poles, trees, shrubbery, fences, water mains, gas mains, sewers, cables, sprinkler systems, conduits, curb, gutter, walks, mail boxes and other structures in the vicinity of the work not authorized to be removed, shall be supported and protected from injury by the Contractor during the construction and until completion of the work affecting them. The Contractor shall be liable for all damages done to such existing facilities and structures.

All additional temporary construction easements, except for those public right-of-way and permanent or temporary easements obtained by the City, that the Contractor feels are necessary to perform the work required shall be obtained by the Contractor at his sole expense. If these easements are granted to the Contractor, duplicate copies of the written authorization shall be filed with the Engineer and shall be worded as to save harmless the City of any responsibility whatsoever relative to any temporary construction easement obtained by the Contractor. All costs incurred shall be borne by the Contractor.

8. SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, NCTCOG's Standard Specifications or these Special Contract Documents, in which no specific item…