ESBD_File_331886_IFB CIPS23-012 16” Waterline Extension Lakeline Blvd.pdf

Capital Improvements Program 201 N. Brushy Street Leander, TX 78641 www.leandertx.gov

Solicitation Number: CIPS23-012

Project Number: W.72 Specification Number(s): 913-60

Invitation For Bid

Lakeline Boulevard 16” Waterline Extension

Responses Due: September 14, 2023, at 1:00PM http://www.leandertx.gov/

Part I

General

1. PURPOSE: The City of Leander, herein after “City”, seeks to enter into an agreement with a qualified Individual, Firm or Corporation, herein after “Respondent”, to provide construction services for the delivery of a new Lakeline Boulevard 16” Waterline Extension and valve installation at the 280 EST.

2. BACKGROUND NARRATIVE: The Work consists of installation of a new 16-inch water line, hydrants, and valves along Lakeline Boulevard between Stinnett Drive and Hero Way West and valve installation at the 280 EST.

3. PROJECT ARCHITECT & PLANS: The design and construction management services for the Project are being provided by Walter P. Moore and Associates, Inc., 401 S. First Street, Austin, Texas 78704.

4. DEFINITIONS, TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that the City’s standard Definitions, Terms and Conditions, in effect at the time of release of the solicitation, shall govern but shall be superseded by those terms and conditions specifically provided for otherwise within this solicitation, in a separate agreement or on the face of a purchase order. The City’s Definitions, Terms and Conditions are herein made a part of this solicitation and can be found on the City’s website by visiting https://bids.leandertx.gov/.

4.1. Any exception to or additional terms and conditions attached to the response will not be considered unless respondent specifically references them on the front of the Solicitation Document. WARNING: Exception to or additional terms and conditions may result in disqualification of the response.

5. Attachments: Attachments are herein made a part of this agreement:

5.1. Attachment A – Reference Form

5.2. Attachment B – Bid Bond

5.3. Attachment C – Payment Bond

5.4. Attachment D – Performance Bond

5.5. Attachment E - Standard General Conditions

5.6. Attachment F - Supplementary Conditions

5.7. Attachment G – Sample Contract

5.8. Attachment H – Bid Form

5.9. Attachment I - Geotechnical and Engineering Reports

5.10. Attachment J – Construction Plans

5.11. Attachment K – Technical Specifications

5.12. Attachment L – Special Specifications

6. Clarification: For questions or clarifications of specifications, you may contact:

https://bids.leandertx.gov/

Kelly Wenzel Contract Manager City of Leander Telephone: 512-528-2978 kwenzel@leandertx.gov

The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to solicitation opening without written approval of the City of Leander.

7. Respondent Requirements: The opening of a solicitation shall not be construed as the City’s acceptance of such as qualified and responsive.

7.1. Respondents shall be firms, corporations, individuals or partnerships normally engaged in services outlined in this solicitation in the State of Texas;

7.2. Respondents shall maintain staffing levels to provide prompt, efficient service to the City.

8. Agreement Term: The terms of the awarded agreement shall include but not be limited to the following:

8.1. The term “agreement” shall mean the executed contract awarded as a result of this solicitation and all exhibits thereto. At a minimum, the following documents will be incorporated into the agreement:

8.1.1. Solicitation document, attachments and exhibits;

8.1.2. Solicitation addendums, if applicable;

8.1.3. City’s Definitions, Terms and Conditions;

8.1.4. Successful Respondent’s submission.

8.2. The initial term of the resulting agreement shall be determined by the proposed and agreed upon Project timeline.

8.3. If the Respondent fails to perform its duties in a reasonable and competent manner, the City shall give written notice to the Respondent of the deficiencies and the successful Respondent shall have thirty (30) days to correct such deficiencies. If the Respondent fails to correct the deficiencies within the thirty (30) days, the City may terminate the agreement by giving the Respondent written notice of termination and the reason for the termination.

8.4. The City shall also have the right to terminate the Agreement, in whole in part, without cause anytime upon thirty (30) calendar days’ prior written notice. Upon receipt of a notice of termination, the Respondent shall promptly cease all further work pursuant to the Agreement, with such exceptions, if any, specified in the notice of termination. The City shall pay the Respondent to extent of funds appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof.

8.5. If the agreement is terminated, for any reason, respondent shall turn over all material, records and deliverables created to date within fifteen (15) working days after completion of duties through the termination date.

9. Bid Security: Bids must be accompanied by a bid bond with Power of Attorney attached or cashiers check of five percent (5%) of the total amount bid (sum of all bid items) made payable to the City of Leander.

9.1. A Bid must be accompanied by Bid security made payable to Owner in an amount of five percent (5%) of Bidder’s maximum Bid price and in the form of a certified check or bank money mailto:kwenzel@leandertx.gov order or a Bid bond (on the form attached) issued by a surety meeting the requirements of Paragraph 6.01 of the Standard General Conditions.

9.2. The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 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 seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

9.3. Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

10. Award: The City reserves the right to enter into an Agreement or a Purchase Order with a single award, split awards, non-award, or use any combination that best serves the interest and at the sole discretion of the City. Award announcement will be made upon City Council approval of staff recommendation and executed agreement. Award announcement will appear on the City’s website at https://bids.leandertx.gov/.

10.1. The City reserves the right to reject any or all responses, or delete any portion of the response, or to accept any response deemed most advantageous, or to waive any irregularities or informalities in the response received that best serves the interest and at the sole discretion of the City.

10.2. Chapter 176, Texas Local Government Code requires that disclosures of certain relationships be made in relation to certain contracts with the City. Local government officers are the members of the City Council, the City Administrator, and other City employees or agents who exercise discretion in planning, recommending, selecting and contracting of a vendor. Please contact the City Secretary for a list of City employees and agents who may qualify as local government officers. Click here Chapter 176, Texas Local Government Code, to review this requirement.

10.3. A completed CIQ Form is required with each response.

https://www.ethics.state.tx.us/forms/conflict/

10.4. Once a selection is made and the City has the intent to award, the successful respondent will be required to submit Form 1295 to the State of Texas electronically prior to executing the agreement or purchase order.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

1. Prompt Payment Policy: Payments will be made in accordance with the Texas Prompt Payment

Law, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within thirty days after the acceptance of the supplies, materials, equipment, or the day on which the performance of services was completed or the day, on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event:

1.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or

1.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or https://bids.leandertx.gov/ http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm https://www.ethics.state.tx.us/forms/conflict/

1.3. There is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or

1.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement.

2. Non-Appropriation: The resulting Agreement is a commitment of the City’s current revenues only.

It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City’s budget for the fiscal year in question. The City may affect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year.

Part II

Schedule

1. Solicitation Schedule: It is the City’s intention to comply with the following solicitation timeline:

Event Event Date* IFB Released August 3, 2023

NON-MANDATORY pre-solicitation meeting August 24, 2023, at 10:30AM, and

2:00PM

Deadline for Vendor Questions Submitted to the City of Leander August 31, 2023, by 5:00PM

Questions and Answers to be posted on the City of Leander website on or before September 4, 2023, by 5:00PM

IFB Opened (last day to submit Responses) September 14, 2023, at 1:00PM Oral Presentation (if necessary) TBD Contract Award Target On or before October 2023

Services to begin upon execution of contract

Respondents may be required to make an oral presentation to the selection team to further present their qualifications. These presentations will provide the Respondent the opportunity to ensure a mutual understanding of the services to be provided and the approach to be used.

All questions regarding the solicitation shall be submitted via email to kwenzel@leandertx.gov by 5:00 PM on the due date noted above. A copy of all the questions submitted and the City’s response to the questions shall be posted on our webpage at:

https://bids.leandertx.gov/

The City reserves the right to modify these dates. Notice of date change will be posted to the City’s website.

2. Mandatory Pre-Solicitation Meeting: Two NON-MANDATORY pre-solicitation meetings will be held to fully acquaint Respondents with the unique needs of the City. The pre-solicitation meetings will be conducted on:

August 24, 2023, at 10:30AM, and 2:00PM City of Leander San Gabriel Conference Room 201 N. Brushy St.

Leander, TX 78641

2.1. The City considers these pre-solicitation meetings non-mandatory.

2.2. It is the responsibility of the Respondent to be familiar with the specifications herein and to ask any relevant questions they may have concerning this solicitation.

2.3. A site visit of the 280 EST shall be conducted directly after the meeting. Respondent shall be responsible for obtaining any and all project measurements for material requirements and costing.

2.4. Vendor attendance will be documented at the pre-solicitation meeting. The City will not be responsible in conveying any information that’s obtained during the meeting to non-participants of the meeting.

mailto:kwenzel@leandertx.gov

3. Solicitation Updates: Respondents shall be responsible for monitoring the City’s website at https://bids.leandertx.gov/ for any updates pertaining to the solicitation described herein. Various updates may include addendums, cancelations, notifications, and any other pertinent information necessary for the submission of a correct and accurate response. The City will not be held responsible for any further communication beyond updating the website.

4. Response Due Date: Signed and sealed responses are due at or before September 14, 2023, at 1:00PM, on the date noted above to the CIP Department. Mail or carry sealed responses to:

Mailed or Hand Deliver to:

City of Leander CIP Department 201 N. Brushy Street Leander, Texas 78641

Mail to:

City of Leander CIP Department PO Box 319 Leander, TX 78646

4.1. E-mailed responses will not be accepted.

4.2. Responses received after this time and date shall not be considered.

5. Response Requirements: The City of Leander makes no warranty that this checklist is a full comprehensive listing of every requirement specified in the solicitation. This list is only a tool to assist participating Respondents in compiling their final responses. Respondents are encouraged to carefully read the entire solicitation.

Respondent shall submit one (1) executed (signed) original and two (2) copies of each response.

For your bid to be responsive, all required attachments identified below shall be submitted with your proposal. The Samples and/or copies shall be provided at the Respondent's expense, and shall become the property of the City.

5.1. Responses shall be submitted on itemized, signed Bid Form provided herein as ATTACHMENT H.

Failure to itemize or sign solicitation may result in disqualification. Submission of responses on forms other that the City’s Bid Form Document may result in disqualification of the response.

5.2. ALL FEES shall be included in price. No additional fees shall be permitted.

5.3. Sample closeout check list and warranty documentation.

6. Post Award Meeting: The City and Respondent shall have a post award meeting to discuss, but not be limited to the following:

6.1. Identify specific milestones, goals and strategies to meet objectives.

7. Costs Incurred: Respondent shall acknowledge that the issuance of a solicitation shall in no way obligate the City to award a contract or to pay any costs associated with the preparation of a response to said solicitation. The costs in developing and submitting proposals, preparing for and participating in oral presentations or any other similar expenses incurred by a Respondent are the sole responsibility of the Respondent and shall not be reimbursed by the City.

Part III

Specifications

1. Scope: Project Base Bid consists of the furnishing and constructing a new 16-inch water line, hydrants, and valves along Lakeline Boulevard between Stinnett Drive and Hero Way West and valve installation at the

280 EST.

2. Project Management: Successful respondent shall provide construction services for the successful and on-time delivery of the Lakeline Boulevard 16” Waterline Extension and valve installation at the 280 EST.

2.1. Successful respondent shall provide designated Project Manager and Project Site Superintendent for duration of project. Said designees shall not be substituted or rotated off of the Project without express written approval of the change from City.

3. Performance and Payments Bonds: Successful respondent shall deliver to City both a Payment Bond and a Performance Bond no later than the 10th day after the agreement has been executed both for the Project price. Penal sums for both bonds shall each be equal to the agreed upon Project price.

3.1. All bonds and insurance required by the agreement shall be obtained from solvent surety or insurance companies that are duly licensed by the State of Texas and authorized to issue bonds or insurance policies for the limits and coverages required by the agreement. The bonds shall be in a form acceptable to the City and shall be issued by a surety which complies with the requirements of Art. 7.19-1, Texas Insurance Code (1997), Chapter 2253 of the Texas Government Code and which is otherwise acceptable to the City.

4. Insurance: Successful respondent shall provide all required insurance coverage, including Workman’s Comp, Builder’s Risk, Commercial General Liability, and Commercial Automobile Liability, per the City’s limits and requirements. Proof of insurance coverage shall be provided no later than 10 days after the agreement has been executed for the Project price and prior to Notice To Proceed.

5. Builder Warranty: Successful respondent shall provide a one-year warranty for all labor and materials.

Warranty documentation for all elements of the installation shall be provided upon project completion.

6. Delivery and Post Construction: Successful respondent responsibilities include but are not limited to close-out document processes and a one-year completion walk-through to address warranty issues.

Respondent shall include a sample Project Close-Out Checklist and warranty program information with bid response.

7. Liquidated Damages: Liquidated damages shall apply in the amount of one-thousand dollars ($1,000.00) per calendar day for each day past the agreed upon delivery date that the Project completion may be late.

Delivery date and applicable liquidated damages fees shall be defined in the resulting construction contract.

8. Change Orders: The City shall only be responsible for Change Orders above and beyond the Project price that have been signed by the City’s Project Manager. Unsigned Change Orders shall not be paid.

9. Project Timeline: Respondent shall provide estimated project timeline for delivery of Project. The not-to-exceed deadline for project delivery must be two hundred (200) Calendar Days from notice to proceed.

10. Permitting Fees: City’s permitting fees shall be waived.

Part IV

1. Confidentiality of Content: All documents submitted in response to a solicitation shall be subject to the

Texas Public Information Act. Following an award, responses are subject to release as public information unless the response or specific parts of the response can be shown to be exempt from the Texas Public Information Act. Pricing is not considered to be confidential under any circumstances.

1.1 Information in a submittal that is legally protected as a trade secret or otherwise confidential must be clearly indicated with stamped, bold red letters stating "CONFIDENTIAL" on that section of the document. The City will not be responsible for any public disclosure of confidential information if it is not clearly marked as such.

1.2 If a request is made under the Texas Public Information Act to inspect information designated as confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons and information as to why the information should be protected from disclosure. The matter will then be presented to the Attorney General of Texas for final determination.

2. Ethics Ordinance and Disclosure Statements: The City’s Ethics Ordinance requires persons seeking to enter discretionary contracts with the City or appearing before the City Council or another City board or body to disclose certain conflicts of interest. The relevant sections of the Ethics Ordinance are set forth below.

The Ethics Ordinance can be found in Article 9.05, Chapter 9 of the City’s Code of Ordinances at the following link: http://z2codes.franklinlegal.net/franklin/Z2Browser2.html?showset=leanderset

Sec. 9.05.007 Persons doing business with the city

(a) Persons seeking discretionary contracts.

(1) For the purpose of assisting the city in the enforcement of provisions contained in this article, an individual or business entity seeking a discretionary contract from the city is required to disclose in connection with a proposal for a discretionary contract any conflict of interest. This is set forth in sections 9.05.004 and 9.05.005 of this article. Further, the individual or business entity agree to abide by the same ethical standards as set forth for public servants in this article.

(2) Subsection (a) of this section will become a permanent footnote on documents contained in city bid packets for discretionary contracts.

(b) Disclosure of conflicts of interest by persons appearing before a board or city body. A person appearing before any city board or other city body for the purpose of doing business with the city shall disclose to that board or body any facts known to such person which may show or establish that:

(1) An employee or officer of the city that advises or makes presentations to the board or city body;

or

(2) Any member of the board or city body; has or may have a conflict of interest pursuant to chapter 171, Tex. Loc. Gov’t. Code, or an interest which would violate the ethical standards set forth in this article, if he or she were to participate in the processing or consideration of the subject matter.

Sec. 9.05.009(f) Disclosure by persons appearing before a city body. Any person who appears before any city body who has had business dealings within the preceding 12-month period involving one or more transactions of five hundred dollars ($500.00) or more each quarter, or for a total of twenty-five hundred dollars ($2,500.00) or more, within the preceding 12-month period with a councilmember, commissioner, or business entity in which a councilmember or commissioner has a substantial interest, shall disclose such http://z2codes.franklinlegal.net/franklin/Z2Browser2.html?showset=leanderset http://z2codes.franklinlegal.net/franklin/DocViewer.jsp?docid=84&z2collection=leander#JD_9.05.004 http://z2codes.franklinlegal.net/franklin/DocViewer.jsp?docid=84&z2collection=leander#JD_9.05.005 business dealings at the time of the appearance. Any person who shall intentionally or knowingly fail to make the aforesaid disclosure shall be guilty of a misdemeanor and shall be fined in accordance with this article.

ATTACHMENT A

RESPONDENT’S REFERENCE SHEET

PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE

SOLICITATION NUMBER:

RESPONDENT’S NAME: DATE:

Provide the name, address, telephone number and E-MAIL of at least three (3) Municipal and/or Government agencies or firms of comparable size that have utilized similar service within the last two (2) years. City of Leander references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of submittal.

1. Company’s Name Name of Contact Title of Contact E-Mail Address Present Address City, State, Zip Code Telephone Number ( ) Fax Number: ( )

2. Company’s Name

Title of Contact E-Mail Address Present Address

3. Company’s Name

Title of Contact E-Mail Address Present Address

FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY

AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.

EJCDC® C-430, Bid Bond (Penal Sum Form).

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of

Civil Engineers. All rights reserved.

ATTACHMENT B

BID BOND (PENAL SUM FORM)

Bidder

Name:

Address (principal place of business):

Surety

Name:

Address (principal place of business):

Owner Bid

Name: City of Leander Project (name and location):

Address (principal place of business): Lakeline Boulevard 16” Waterline Extension

Leander City Hall, 105 N. Brushy St., Leander, Texas 78641

Project # W.72

Bid Due Date: , 2023

Bond

Penal Sum: 5%

Date of Bond:

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

Bidder Surety

(Full formal name of Bidder)

By:

(Signature)

Name:

(Printed or typed)

Title:

Attest:

(Signature)

Name:

(Printed or typed)

Title:

(Full formal name of Surety) (corporate seal)

By:

(Signature) (Attach Power of Attorney)

Name:

(Printed or typed)

Title:

Attest:

(Signature)

Name:

(Printed or typed)

Title:

Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face

EJCDC® C-430, Bid Bond (Penal Sum Form).

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American

Society of Civil Engineers. All rights reserved.

of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond will be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation will be null and void if:

3.1. Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2. All Bids are rejected by Owner, or

3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions does not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent.

6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety, and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Postal Service registered or certified mail, return receipt requested, postage pre-paid, and will be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

Attachment C

PAYMENT BOND

Pursuant to Vernon’s Texas Government Code Title 10, Chapter 2253, as amended

Bond No. ______________ Premium $_____________

KNOW ALL MEN BY THESE PRESENTS, that ____________ (Contractor), City of _______, County of ________, and State of ___________, hereinafter referred to as the Principal, and _____________________ a corporation organized and existing under the laws of _____________ and authorized under the laws of the State of Texas to act as Surety on bonds for Principal, are held and firmly bound unto City of , Texas as Obligee, in the penal sum of ___________________________ ($ _______________) DOLLARS, lawful money of the United States of America, for the payment of which well and truly to be made, the said Principals and Surety bind themselves, and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the PRINCIPAL has entered into a certain written Contract with the OWNER for the following project:___________________, dated the day of , 202__ to which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the said Principals shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in the said Contract, then this obligation shall be void;

otherwise to remain in full force and effect.

The Surety agrees to pay the Obligee upon demand all loss and expense, including attorneys’ fees, incurred by the Obligee by reason of or on account of any breach of this obligation by the Surety. Provided further, that in any legal action be filed upon this bond, venue shall lie in the county where the project is to be constructed.

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

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

IN WITNESS WHEREOF, the said PRINCIPAL and SURETY have signed and sealed this instrument this ______day of ______________, 202_.

Principal Surety

By ____________________________ By_________________________________ Name __________________________ Name_______________________________ Title ___________________________ Title _______________________________ Address Address

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

(Seal)

Attachment D

PERFORMANCE BOND

Pursuant to Vernon’s Texas Government Code Title 10, Chapter 2253, as amended

THE STATE OF TEXAS § BOND NO.

COUNTY OF §

KNOW ALL BY THESE PRESENTS, THAT:

of the City of ,County of ,and State of , as PRINCIPAL, and , a corporation organized and existing under the laws of _________ 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 (OWNER), in the penal sum of Dollars ($ ) for the payment whereof, the said PRINCIPAL and SURETY bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents:

WHEREAS, the PRINCIPAL has entered into a certain written Contract with the OWNER, dated the day of , 202__, for the construction of ______________ to which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the said PRINCIPAL shall faithfully perform the said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract agreed and covenanted by the PRINCIPAL to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications thereto annexed, and shall fully indemnify and save the OWNER harmless from any loss, cost or damage by reason of PRINCIPAL’s failure to complete the work then this obligation shall be void;

otherwise to remain in full force and effect;

PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Texas Gov. 2253 as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein.

In the event that the OWNER declares the PRINCIPAL in default under the Contract, the

Surety will, within fifteen days of the OWNER’S declaration of such default, at OWNER’S election either: 1) take over and assume completion of said Contract and shall faithfully construct and complete said Contract in a good and workmanlike manner in accordance with the original schedule for completion, the approved Plans and Specifications, or 2) allow OWNER to draw on any part or all of the total amount of this bond by submitting a written request for a draw from the OWNER’S Public Works Director or designee to SURETY’S Attorney-in fact. Conditioned upon the Surety’s faithful performance of its obligation, the liability of the Surety for the Principal’s default shall not exceed the penalty of this bond.

The Surety agrees to pay the OWNER upon demand all loss and expense, including attorneys’ fees, incurred by the OWNER by reason of or on account of any breach of this obligation by the Surety. Provided further, that in any legal action be filed upon this bond, venue shall lie in the county where the work is to be constructed.

This Bond is a continuing obligation and shall remain in full force and effect until cancelled as provided for herein. This Bond may be cancelled upon Surety’s receipt of written notice of cancellation by the OWNER stating that the Contract has been completed and accepted by

OWNER.

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

IN WITNESS WHEREOF, the said PRINCIPAL and SURETY have signed and sealed this instrument this day of , 202_.

Principal Surety

By By _____ ___ Title Title __ ___ _____ Address Address _____ ________

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

(Seal)