CSB 2026-003 Culvert Scour Protection - Bid Documents -2026-06-23.pdf

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR

CSB No. 2026-003

CULVERT SCOUR PROTECTION FOR

NORTH CHERRY LANE, CLIFFORD STREET, AND DALE LANE

IN THE

CITY OF WHITE SETTLEMENT, TEXAS

PREPARED BY

2201 Dottie Lynn Parkway, Suite 119

Fort Worth, Texas 76120 Phone 817-446-6877 Fax 817-930-0445

TBPE Firm Reg. No. F-8917

June 2026

JDEI No. 2016012

6/23/2026

TABLE OF CONTENTS

CSB NO. 2026-003

NORTH CHERRY LANE, CLIFFORD STREET, AND DALE LANE

CITY OF WHITE SETTLEMENT, TEXAS

PART I CONTRACTUAL DOCUMENTS

Notice to Bidders

Instructions to Bidders

Proposal

Standard Form of Agreement

Performance Bond

Payment Bond

Maintenance Bond

Certificate of Insurance

PART II GENERAL CONDITIONS

PART III SPECIAL CONDITIONS

PART IV TECHNICAL SPECIFICATIONS

PART V CONSTRUCTION PLANS

(Bound Separately)

PART I

CONTRACTUAL DOCUMENTS

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

NOTICE TO BIDDERS

Competitive sealed bids addressed to the City Secretary of the City of White Settlement, Texas will be received at the White Settlement City Hall, 214 Meadow Park Drive, White Settlement, Texas 76108 until 10:00 AM (local time) on Tuesday, July 21, 2026 for the furnishing of all labor, materials, and equipment and the performing of all work required in the construction of the CSB No. 2026-003 CULVERT SCOUR PROTECTION FOR NORTH CHERRY LANE, CLIFFORD STREET, AND DALE LANE in White Settlement, and other improvements incidental thereto, at which time and place the proposals will be publicly opened and read aloud.

BIDS shall be submitted in sealed envelopes upon the blank form of proposal furnished. Sealed envelopes shall be marked “CSB No. 2026-003 CULVERT SCOUR PROTECTION FOR

NORTH CHERRY LANE, CLIFFORD STREET, AND DALE LANE FOR THE CITY OF

WHITE SETTLEMENT, TEXAS. DO NOT OPEN UNTIL 10:00 AM, JULY 21, 2026.”

PLANS AND SPECIFICATIONS and contract documents may be examined without charge at the White Settlement City Hall, 214 Meadow Park Drive, White Settlement, TX 76108. Copies of such instruments may be obtained from James DeOtte Engineering Inc., 2201 Dottie Lynn Parkway, Suite 119, Fort Worth, Texas 76120, upon a non-refundable payment of $150.00 per set for hard copies and $30.00 per set for a flash drive with drawings and specifications (PDF format).

A 24-hour notice must be given to the ENGINEER prior to picking up drawings and specifications.

Complete Contract Documents as needed for bidding on the Project may be downloaded free of charge from http://www.civcastusa.com.

In case of ambiguity or lack of clearness in stating proposal prices, the Owner 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 date on which bids are opened.

THE CITY OF WHITE SETTLEMENT

ADVERTISEMENT DATES:

JUNE 28, 2026

JULY 5, 2026

INSTRUCTIONS TO BIDDERS

1. Defined Terms.

Unless otherwise provided, terms used in these Instructions to Bidders will have the same meaning as such terms are defined in the General Provisions of the Standard Specifications for Public Works Construction as published by the North Central Texas Council of Governments (NCTCOG). The term "BIDDER" means one who submits a bid directly to OWNER, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful BIDDER" means the lowest responsible BIDDER to whom OWNER (on the basis of OWNER'S evaluation as hereinafter provided in Article 16) makes an award after considering the criteria in these Instructions to Bidders. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Proposal, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids).

2. Copies of Bidding Documents.

2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from ENGINEER. The deposit for the Bidding Documents is non-refundable.

2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.3 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

3. Qualification of Bidders.

The successful BIDDER may be required to submit written evidence, such as financial data, present commitments and available equipment, and will submit such data within five days of OWNER's written request.

4. Examination of Contract Documents and Site.

4.1 It is the responsibility of each BIDDER before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work,

(d) study and carefully correlate BIDDER'S observations with the Contract Documents, and

(e) notify ENGINEER of all conflicts, errors or discrepancies in the Contract Documents.

4.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities or others, and OWNER does not assume responsibility for the accuracy or completeness thereof.

4.3 Provisions concerning responsibilities for the adequacy of data furnished to prospective BIDDERS on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the General Conditions.

4.4 Before submitting a Bid, each Bidder may, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which BIDDER deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

4.5 On request in advance, OWNER will provide each BIDDER access to the site to conduct such explorations and tests as each BIDDER deems necessary for submission of a Bid.

BIDDER shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations.

4.6 The lands upon which the Work is to be performed, right-of-way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by CONTRACTOR. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by OWNER.

4.7 The submission of a Bid will constitute an incontrovertible representation by BIDDER that BIDDER has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

5. Interpretation and Addenda;

5.1 All questions about the meaning or intent of the Contract Documents are to be directed to ENGINEER. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda and mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than 48 hours prior to time for opening Bids may not be answered. Any addenda issued prior to four days of the opening of bids will be mailed to each CONTRACTOR contemplating the submission of a proposal on this work. Addenda issued later than four days prior to the opening of bids must be picked up by the BIDDER from the ENGINEER’S office. The CONTRACTOR will be notified by phone of the issuance of the addenda. The proposal as submitted by the CONTRACTOR will be so constructed as to include any addenda if such are issued by the OWNER prior to twenty-four (24) hours of the opening of bids. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or ENGINEER.

6. Bid Security.

6.1 Each bid must be accompanied by Bid security made payable to OWNER in an amount of five percent (5%)of the BIDDER'S maximum Bid Price and in the form of a certified bank check or a Bid Bond issued by a surety meeting the requirements of the General Conditions.

6.2 The Bid security of the Successful BIDDER will be retained until such BIDDER has executed the Agreement and furnished the required contract security, whereupon the Bid Security will be returned. If the Successful BIDDER fails to execute and deliver the Agreement and furnish the required contract security within fifteen (15) days after the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that BIDDER will be forfeited. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of the seventh day after the effective Date of the Agreement or the forty-sixth day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening.

7. Contract Time.

7.1 The number of working days within which the work is to be completed and ready for final payment (the Contract Time) are set forth in the Proposal and Agreement.

7.2 The contract time is in calendar days and begins on the date stipulated on the Notice to Proceed. The time on the Contract will continue to run until the project is completed and approved by the City.

8. Liquidated Damages.

Provisions for liquidated damages, if any, are set forth in the Special Conditions Section: Working and Completion Time.

9. Substitute or "Or-Equal" Items.

The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items.

Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" items of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement unless the ENGINEER, at his option, elects to issue an ADDENDA naming a substitute or "or-equal" item prior to receipt of bids. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the Special Conditions.

10. Subcontractors, Suppliers, and Others.

10.1 The General Conditions require the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principle items of materials and equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful BIDDER, and any other BIDDER so requested, shall within seven days after the Bid opening submit to OWNER a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by OWNER. If OWNER or ENGINEER after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, either may before the Notice of Award is given request the apparent Successful BIDDER to submit an acceptable substitute, in which case the apparent Successful BIDDER shall submit an acceptable substitute, that BIDDER'S price will be increased (or decreased) by the difference in cost occasioned by such substitution and OWNER may consider such price adjustment in evaluating Bids and making the contract award.

If the apparent Successful BIDDER declines to make any such substitution, OWNER may award the contract to the next lowest BIDDER that proposes to use acceptable Subcontractors, Suppliers, and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any BIDDER. Any Subcontractor, Supplier, other person or organization listed and to whom OWNER or ENGINEER does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in the General Conditions.

10.2 No CONTRACTOR shall be required to employ any Subcontractor, Supplier, other person or organization against whom CONTRACTOR has reasonable objection.

11. Proposal.

11.1 The proposal is included in the Bidding Documents; additional copies may be obtained from the ENGINEER. All bids must be submitted on the ENGINEER'S form.

11.2 All blanks on the Proposal must be completed in ink or by typewriter.

11.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

11.5 All names must be typed or printed below the signature.

11.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Proposal).

11.7 The address and telephone number of communications regarding the Bid must be shown.

12. Submission of Bids.

Bids must be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and the name and address of the BIDDER and accompanied by the Bid security and other required documents. The CONTRACTOR shall acknowledge, on the outside of the envelope, receipt of any addenda. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. It shall be the BIDDER'S responsibility for the delivery of his Proposal at the proper place by the time stated. The mere fact that a Proposal was dispatched will not be considered.

13. Modification and Withdrawal of Bids.

Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

14. Opening of Bids.

Bids will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of the base Bids and alternates will be made available to Bidders after the opening of Bids.

15. Bids to Remain Subject to Acceptance.

All Bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to that date.

16. Award of Contract.

16.1 OWNER is requesting bids pursuant to the Competitive Bidding Method found in Subchapter C of Chapter 2269 of the Texas Government Code. The contract will be awarded to the lowest responsible bidder after evaluation of the information submitted in the Bid, the information submitted in accordance with Section 22, and the criteria listed below in Section 16.2. However, OWNER reserves the right to reject any and all Bids, to waive any and all formalities, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any BIDDER if OWNER believes that it would not be in the best interest of the Project to make an award to the BIDDER, whether because the Bid is not responsible or the BIDDER is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER.

Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the unit price in words and the unit price in figures will be resolved in favor of the price in words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

16.2 In evaluating Bids, OWNER will consider the following:

(a) the price;

(b) the bidder's experience, qualification, and reputation;

(c) the quality of the bidder's goods or services;

(d) the bidder's safety record;

(e) the bidder's proposed personnel;

(f) whether the bidder's financial capability is appropriate to the size and scope of the project;

(g) whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to Notice of Award;

(h) qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Special Conditions; and

(i) operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

16.3 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

16.4 If the contract is to be awarded, OWNER will give the successful BIDDER a Notice of Award within sixty (60) days after the day of the bid opening.

16.5 Contractor to provide bid on base bid and all bid alternatives. City will determine bid alternatives to be constructed after the evaluation of the total project bid amount.

17. Bonds.

The requirements of the performance, payment and maintenance bonds are set forth in the Special Conditions. When the successful BIDDER delivers the executed Agreement to OWNER, it must be accompanied by the required maintenance, performance and payment bonds.

18. Signing of Agreement.

When OWNER gives a Notice of Award to the successful BIDDER, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required bonds. Within ten (10) days thereafter, OWNER shall deliver two (2) fully signed counterparts to CONTRACTOR.

19. Retainage.

Provisions concerning retainage are set forth in the Standard Specifications for Public Works Construction as published by the North Central Texas Council of Governments (NCTCOG).

20. Sales and Use Taxes.

OWNER is exempt from Local and State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Refer to the Special Conditions for additional information.

21. Safety.

As set out in the General Conditions, the CONTRACTOR will be responsible for project safety. In addition to safety for his workmen, this includes safety of the public as related to his work.

22. Supplemental Information. Bidder must submit the following information with the Bid:

(a) Expertise/Experience/qualifications, including the following:

(i) When the company was founded and its principal business office location.

(ii) How long has company been in operation.

(iii) The Bidders experience and expertise on projects comparable in size, scope and complexity to the bid solicitation.

(iv) Safety record history (last 5 years).

(v) Provide an organizational chart of proposed team for this contract. Provide a list of key staff members and years/experience with projects comparable in size, scope and complexity to the bid solicitation.

(vi) The Contractor shall provide proof of previous experience with projects comparable in size, scope and complexity to the bid solicitation. Contractor shall have a minimal of 5 years’ experience.

(b) Past Performance, including the following:

(i) Submit as references a list of previously executed contracts with projects (minimum of one (1) and maximum of five (5) contracts) similar in scope and size along with documented proof of executed contract(s). Include information as follows:

Customer Customer Contact Name Customer Address/Phone # Contract Award Date

Contract Completion Date Contract Amount ($) Scope of Services Provided Were you the prime contractor? (Yes/No)

(ii) A list of all sub-contractors used in the past three years for projects comparable in size, scope and complexity to the bid solicitation.

Subcontractor Subcontractor Contact Name Subcontractor Address/Phone # Annual Average Payments ($) Scope of Services Provided

(c) Any information responsive to the criteria listed in Section 16.2.

23. Scope of Work/Estimated Budget/Completion Date.

23.1 The scope of work can be found in the Bidding Documents.

23.2 The estimated budget for this Project is ~$ 500 K.

23.3 The Project is estimated to be substantially completed within 90 Calendar days.

PROPOSAL

DATE: __________, 2026

TO: City of White Settlement 214 Meadow Park Drive White Settlement, Texas 76108

FOR: CSB No. 2026-003 CULVERT SCOUR PROTECTION FOR NORTH CHERRY LANE, CLIFFORD STREET, AND DALE LANE.

Pursuant to the foregoing “Notice to Bidders,” the undersigned bidder, having thoroughly examined the Contract Documents, the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the City of White Settlement, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums:

Contractor to provide bids on base bid and all bid alternatives. Construction contract will be awarded to the lowest responsive bidder based on the total project bid price. City will determine bid alternatives to be constructed after the evaluation of the total project bid amount.

PAY

ITEM

APPROX.

QUANTITY

DESCRIPTION OF ITEMS

WITH BID PRICES WRITTEN IN WORDS

UNIT

VALUE

TOTAL

VALUE

1. 1 LS Prepare / Restore Right-of-Way

Dollars and Cents per LS

2. 3 EA Project Sign

Dollars and Cents per EA

3. 345 SF Remove Existing Rock Riprap

Dollars and Cents per SF

4. 185 CY TxDOT 432-7041 RIPRAP (STONE

PROTECTION)(12 IN)

Dollars and Cents per CY

5. 685 CY TxDOT 432-7042 RIPRAP (STONE

PROTECTION)(15 IN)

Dollars and Cents per CY

6. 505 CY TxDOT 432-7043 RIPRAP (STONE

PROTECTION)(18 IN)

Dollars and Cents per CY

7. 10 CY TxDOT 432-7050 BEDDING MATERIAL (4 IN)

Dollars and Cents per CY

8. 185 CY TxDOT 432-7050 BEDDING MATERIAL (6 IN)

Dollars and Cents per CY

PAY

ITEM

APPROX.

QUANTITY

DESCRIPTION OF ITEMS

WITH BID PRICES WRITTEN IN WORDS

UNIT

VALUE

TOTAL

VALUE

9. 930 SY 6-inch Topsoil and Solid Sodding

Dollars and Cents per SY

10. 1 LS Temporary Erosion Control

Dollars and Cents per LS

11. 5 MO Traffic Control Plan

Dollars and Cents per MO

TOTAL BID $

BID SUMMARY

TOTAL PROJECT BID $

The undersigned bidder acknowledges receipt of the following Addenda: (If none is received, then write NONE across the blanks.)

Addendum No. 1 Date Received

Addendum No. 2 Date Received

Addendum No. 3 Date Received

The undersigned bidder agrees to execute and file with the Owner a contract and bonds on the forms provided within fifteen (15) days after written notification of award of the contract to him and to begin the work to be performed under the contract within ten (10) days after written authorization to begin the work (Work Order) and to substantially complete the work within 90 Calendar days after the date specified in the “Notice to Proceed.”

Enclosed with this proposal is a certified or cashier’s check or bidding bond in the amount of five percent (5%) of the total bid, which is to become the property of the City of White Settlement, or the attached Bidder’s Bond is to be forfeited in the event the contract and bonds are not executed within the time set forth as liquidated damages for delay and additional work caused thereby.

Signed:

Print:

Company:

Address:

Telephone:

Facsimile:

(SEAL) If Corporation

STANDARD FORM OF AGREEMENT

STANDARD FORM OF AGREEMENT

THE STATE OF TEXAS §

COUNTY OF TARRANT §

THIS AGREEMENT, made and entered into this day of A.D. 2026, by and between City of White Settlement of the County of Tarrant and State of Texas, acting through Ronald A.

White, Mayor thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and of the City of , County of and

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

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows:

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

Provisions of the Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the

Proposal attached hereto, and in accordance with the Notice to Bidders, General and Special Conditions of

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

Specifications and addenda therefore, as prepared by James DeOtte Engineering Inc., 2201 Dottie Lynn

Parkway, Suite 119, Fort Worth, Texas 76120, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written

Proposal, and the General and Special Conditions of the Agreement, and the Performance and Payment

Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract.

The CONTRACTOR hereby agrees to commence work within ten (10) days after the date of the

Notice to Proceed and to substantially complete the same within ninety (90) calendar days after the date of the Notice to Proceed with a final completion date to be fourteen (14) calendar days after the substantial completion date, subject to such extensions of time as are provided by the General and Special Conditions.

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

Conditions of the contract.

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

City of White Settlement

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

By: By:

Faron Young, Mayor Name:

ATTEST: ATTEST:

Amy Arnold, City Secretary Name (Signature)

Name (Printed)

PERFORMANCE BOND

PAYMENT BOND

MAINTENANCE BOND

PERFORMANCE BOND

BOND NO.

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 White Settlement, 214

Meadow Park Drive, White Settlement, Texas 76108 (Owner), in the penal sum of __________________________ ($______________) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 2026, to construct the CSB No. 2026-003 CULVERT SCOUR

PROTECTION FOR NORTH CHERRY LANE, CLIFFORD STREET, AND DALE LANE,

which contract is hereby referred to and made 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 fully and faithfully executes the work and performance of the contract in accordance with the plans, 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 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 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if they were fully copies at length herein.

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

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

Principal Surety

Title: Title:

The name and address of the Resident Agent of Surety is:

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: That of the City of ___________, County of ________, and State of _____________ as Principal, and _______________________________, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of White Settlement, 214

Meadow Park Drive, White Settlement, Texas 76108 (Owner), in the penal sum of __________________________ ($______________) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 2026, to construct the CSB No. 2026-003 CULVERT SCOUR

PROTECTION FOR NORTH CHERRY LANE, CLIFFORD STREET, AND DALE LANE,

which contract is hereby referred to and made 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 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 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 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if they were fully copies at length herein.

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

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

Principal Surety

Title: Title:

The name and address of the Resident Agent of Surety is:

MAINTENANCE BOND

COUNTY OF TARRANT §

KNOW ALL BY THESE PRESENTS: That , as Principal, and , a corporation organized under the laws of the State of _______, as Surety, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of White Settlement, as Obilgee, a municipal corporation hereinafter call OWNER, the sum of ___________________________ _($______________), for payment of which sum will and truly be made unto said Owner, and its successors, said principal and sureties do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally.

This obligation is conditioned, however, that whereas said CONTRACTOR has by written Agreement, dated , 2026, entered into a contract with said OWNER to build and construct the which contract and the plans and specifications therein mentioned and adopted by the OWNER and hereby expressly made a part thereof as though the same were written and embodied herein.

WHEREAS, under specification and other contract documents, it is provided that the Contractor shall maintain and keep in good repair the work constructed and/or equipment furnished by him as contemplated by the plan drawings, specifications, and other contract Documents, and perform for period of two ( 2 ) years. (NOTE: Period to begin on date of “Certificate of Completion” issued by the Engineer, or the date of final Payment by the OWNER if a separate Certificate of Completion is not issued) all necessary repairs, reconstruction and renewal of any part of said construction, and to furnish labor and materials to make good and to repair any defective condition growing out of or on account of the 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 restoration of the constructed work to a functional use during the said period as set forth above. It is the intended purpose of this section to require the correction of all defective CONTRACTOR under the conditions prescribed by the plans and specifications; and, in case the CONTRACTOR shall fail or refuse to commence and actively pursue such corrections with ten (10) days after proper written notifications have been furnished to him by the OWNER, it is agreed that the OWNER may do said work and work and supply such materials and the said CONTRACTOR and SURETY herein shall be liable for the payment of all costs thereby incurred.

NOW THEREFORE, if the said CONTRACTOR shall keep and perform its said agreement to maintain said work and keep same in repair of the said maintenance period of two

(2) years as provided above, then these presents shall be null and void and have no further effect, but if default shall be made by the CONTRACTOR in the performance of its contact to do to maintain and repair said work, then these present shall have full force and effect and the OWNER shall have a recover from the said CONTRACTOR and its sureties damages in the premises, as provided, and it is further understood and agreed that this obligation shall be continuing one against the principal and sureties hereon, and that successive recoveries may be had hereon for successive breaches 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 WHEREOF, this instrument is executed this day of

___________________, A.D. 2026.

(Seal)

PRINCIPAL

By:

Witness or Attest to Seal Title

SURETY

By:

Witness or Attest to Seal Title

CERTIFICATE OF INSURANCE

CERTIFICATE OF INSURANCE

TO: CITY OF WHITE SETTLEMENT DATE:

NAME OF PROJECT;

CULVERT SCOUR PROTECTION FOR NORTH CHERRY LANE, CLIFFORD STREET, AND DALE

LANE

PROJECT NUMBER: CSB No. 2026-003

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 type 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 Expiration Limits of Liability

Workers’ Compensation

Comprehensive General Liability Insurance (Public Liability)

Bodily Injury:

Each Occurrence: $ Property Damage:

Each Occurrence: $

Blasting Each Occurrence: $ Collapse of Buildings or Structures adjacent to Excavations

Each Occurrence: $

Damage to Underground Utilities Each Occurrence: $

Builder’s Risk

Comprehensive Automobile Liability Bodily Injury:

Each Person: $ Each Occurrence: $ Property Damage:

Each Occurrence: $

Contractual Liability Bodily Injury:

Each Occurrence: $ Property Damage:

Each Occurrence: $

Other

Locations covered:

Description 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 (5) days after the insured has received written notice of such change or cancellation.

Where applicable local laws or regulations require more than five (5) days actual notice of change or cancellation to be assured, the above policies contain such special requirements, either in the body thereof or by appropriate endorsement thereto attached.

Agency

Agent By

Address Title

PART II

GENERAL CONDITIONS

GENERAL CONDITIONS

For this contract, Division 100 of the NCTCOG Public Works Construction Standards, North Central Texas, Fifth Edition, November 2017 with latest amendments (as published by the North Central Texas Council of Governments), shall govern and shall constitute the General Conditions, expect as herein amended or supplemented. They will be referred to as the Standard Specifications and will not be physically bound with the other contract documents. Copies of these standard specifications may be obtained from the North Central Texas Council of Governments, 616 Six Flags Drive, Centerpoint Two, Arlington, Texas 76011, 817-640-3300.

PART III

SPECIAL CONDITIONS

TABLE OF CONTENTS

SC-1 General

SC-2 Definitions

SC-3 Insurance Requirements

SC-4 Location and Description

SC-5 Increased or Decreased Quantities of Work

SC-6 Existing Structures, Facilities and Improvements

SC-7 Owner – Engineer Relationship

SC-8 Observation by Engineer

SC-9 Award of Contract

SC-10 Contract Drawings and Specifications

SC-11 Bonds – Amount and Terms

SC-12 Warranty

SC-13 Trench Backfill

SC-14 Shop Drawings, Product Data and Samples

SC-15 Water for Project Use

SC-16 Copies of Plans and Specification Furnished

SC-17 Working and Completion Time

SC-18 Information Concerning Existing Conditions

SC-19 Field Office

SC-20 Blasting

SC-21 Sanitary Facilities for Workmen

SC-22 Compliance with Contract Documents

SC-23 Losses from Natural Causes

SC-24 Right of Access for Inspection and Operation

SC-25 Work in Easements and Right-of-Way

SC-26 Lines and Grades

SC-27 Permits and Licenses

SC-28 Royalties and Patent Fees

SC-29 Sales Tax

SC-30 Occupational Safety

SC-31 Protection of Trees, Plants and Soil

SC-32 Use of a Section of Work

SC-33 Cleanup

SC-34 Coordination with Others

SC-35 Subsidiary Work

SC-36 Record Drawings

SC-37 Trench Safety

SC-38 Reference Specifications and Standards

SC-39 Trade Names and Materials

SC-40 Pre-Construction Meeting

SC-41 Description of Pay Items

SC - 1

SC-1 GENERAL:

These Special Conditions amend or supplement the NCTCOG Standard Specifications for Public Works Construction, Fifth Edition, November 2017 and other provisions of the Contractual Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect.

SC-2 DEFINITIONS:

The word "City" or "Owner" in these documents shall be understood as referring to:

The City of White Settlement 214 Meadow Park Drive White Settlement, TX 76108

The word "Engineer" in these documents shall be understood as referring to James DeOtte Engineering Inc., 2201 Dottie Lynn Parkway, Suite 119, Fort Worth, TX 76120, Engineer of the Owner, or such other Engineer, Supervisor or Inspector as may be authorized by the Owner to act in any particular position.

The word "Contractor" in these documents shall be understood as referring to the person, firm or corporation with whom the Owner has executed the contract or agreement.

The term "General Conditions of Agreement" when used in the contract documents shall be understood as referring to "General Provisions" of NCTCOG "Standard Specifications for Public Works Construction," Fifth Edition, November 2017, as adopted by the North Central Texas Council of Governments.

SC-3 INSURANCE REQUIREMENTS:

In accordance with the provisions of the General Conditions, the Contractor will not be issued a Work Order to commence work on this contract until he has obtained all the insurance required under this section and such insurance has been approved by the Owner or his representative.

The Contractor shall procure and shall maintain during the life of this contract insurance coverage as hereinafter specified, and in case of any work sublet, shall require the subcontractor in like manner to secure and maintain such insurance coverage.

The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates, and dates of expiration of policies. Such certificates shall contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered except after ten days' written notice has been received by the Owner."

SC - 2

SC-4 LOCATION AND DESCRIPTION:

This project is for Culvert Scour Protection for three different locations in the City of White Settlement.

1. North Cherry Lane just north of the intersection of North Cherry Lane and White Settlement Road.

2. Clifford Street between Saddle Road and Comal Ave.

3. Dale Lane just north of the intersection of Dale Lane and N Dodson Drive.

SC-5 INCREASED OR DECREASED QUANTITIES OF WORK:

The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found necessary, and the Contractor shall perform the work as altered, increased, or decreased, at the contract unit prices. Such increased or decreased quantity shall be made in accordance with the General Conditions of Agreement. No allowance will be made for any change in anticipated profits nor shall such change be considered as waiving or invalidating any conditions or provisions of the contract and bond. See Item 104.2.1 of the

GENERAL PROVISIONS.

SC-6 EXISTING STRUCTURES, FACILITIES AND IMPROVEMENTS:

The Contractor's attention is directed to the necessity of taking adequate measures to protect all existing structures, facilities, improvements and utilities encountered.

The plans show the locations of most known surface and subsurface structures. However, the Owner and Engineer assume no responsibility for failure to show any or all of these structures on the plans or in their exact location.

It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work, or for increasing the pay quantities in any manner, unless the obstruction encountered is such as to necessitate substantial changes in the lines or grades or requires the building of special works not provided for in the Contract Documents.

In the progress of the work, the Contractor may have to relocate certain existing improvements including sprinkler systems. All relocation, repairs and replacement work shall be done at the expense of the Contractor to the satisfaction of the Owner, except those for which specific pay items appear in the Proposal.

Any utilities damaged during construction work shall be immediately repaired at the Contractor's expense.

The Contractor shall at all times maintain streets and drives in a condition which will provide easy

SC - 3

ingress and egress and upon completion of the work, repair all damages to roads and streets used during construction, to a condition at least as good as existed prior to the start of work.

SC-7 OWNER-ENGINEER RELATIONSHIP:

The Engineer will be the Owner's representative during construction. The duties, responsibilities and limitations of authority of the Engineer as the Owner's representative during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the Owner and the Engineer. The Engineer will advise and consult with the Owner, and all of Owner's instructions to the Contractor shall be issued through the Engineer.

SC-8 OBSERVATION BY ENGINEER:

The Engineer shall make periodic visits to the site to familiarize himself generally with the progress of the executed work and to determine if such work generally meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the Engineer shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on-site inspection of the quality or quantity of the work or be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provisions of this agreement or any other Contract Documents, the Engineer shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the Contractor, any subcontractor or any of the Contractor's or subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work.

SC-9 AWARD OF CONTRACT:

The award, if made, shall be to the lowest responsible bidder within sixty (60) days after the opening of proposals. It is the intention of the Owner to award a single contract for this work.

SC-10 CONTRACT DRAWINGS AND SPECIFICATIONS:

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. Special Conditions

3. Technical Specifications

4. General Conditions

SC-11 BONDS - AMOUNT AND TERMS:

The amount of the Bid Bond for this project shall be not less than five percent (5%) of the largest possible total for the bid submitted.

SC - 4

The amount of the Performance, Payment and Maintenance Bonds shall each be in an amount equal to one hundred percent (100%) of the total awarded contract price. The Maintenance Bond shall remain in force for a period of two (2) years after the date of final acceptance of the work by the Owner.

SC-12 WARRANTY:

Notwithstanding any certificate which may have been given by the Engineer, if any materials, equipment or any workmanship which does not comply with the requirements of this contract shall be discovered within two (2) years after completion of construction of the project, and acceptance by the Owner, the Contractor shall replace such defective materials or equipment, or remedy any such defective workmanship within ten (10) days after notice in writing of the existence thereof shall have been given by the Owner or Engineer.