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☐ Contractor Copy # 2

☐ Project Designer Copy

City of Tyler, Texas

Capital Improvements Project (CIP) Contract

CONTRACT DOCUMENTS

FOR

City of Tyler Bid Number Bid # 26-033 Project Name Tyler Rose Complex

CITY OFFICIALS: PREPARED BY:

Mayor Donald P. Warren Project Designer MHS Planning &

Design, LLC City Council District 1: Central Stuart Hene District 2: West Petra Hawkins District 3: Northwest Shonda Marsh District 4: Northeast Clint Childs District 5: East Lloyd Nichols District 6: South Carleen Dark-Bays

City Manager Edward Broussard

Director of Parks, Recreation, & Tourism Facilities

Leanne Robinette

CITY OF TYLER, TEXAS – CIP CONTRACT REVISION DATE: 05.14.2021

TABLE OF CONTENTS

SECTION 1 ADDENDA

SECTION 2 NOTICE TO BIDDERS

SECTION 3 INSTRUCTIONS TO BIDDERS

SECTION 4 POLICY STATEMENT ON EEO

SECTION 5 PROPOSAL

SECTION 6 BID BOND

SECTION 7 STANDARD FORM OF AGREEMENT

SECTION 8 PERFORMANCE AND MAINTENANCE BOND AND PAYMENT BOND

SECTION 9 PAYMENT BOND ONLY

SECTION 10 CERTIFICATE(S) OF INSURANCE

SECTION 11 ENDORSEMENTS

SECTION 12 CONTRACTOR’S AFFIDAVIT OF BILLS PAID

SECTION 13 RESERVED

SECTION 14 WAIVER AND RELEASE

SECTION 15 PROCEDURE FOR CORRECTING CONSTRUCTION DEFECTS

SECTION 16 GENERAL CONDITIONS

SECTION 17 SPECIAL CONDITIONS

SECTION 18 TECHNICAL AND/OR SPECIAL SPECIFICATIONS; PLANS AND OTHER

DRAWINGS; OTHER DOCUMENTS AS NEEDED

SECTION 19 CERTIFICATE OF INTERESTED PARTIES

DETAILED TABLE OF CONTENTS

SECTION 1 ADDENDA

SECTION 2 NOTICE TO BIDDERS

SECTION 3 INSTRUCTIONS TO BIDDERS

3.1 PROPOSAL FORM

3.2 EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF THE WORK

3.3 PRE-BID CONFERENCE

3.4 ADDENDA

3.5 QUANTITIES IN PROPOSAL FORM

3.6 UNIT PRICES

3.7 PROJECT COMPLETION TIME

3.8 ASSIGNMENT AND SUBCONTRACTING

3.9 OUT-OF-STATE CONTRACTORS

3.10 NON-DISCRIMINATORY EMPLOYMENT

3.11 WAGE RATES

3.12 PROPOSAL GUARANTY (BID BOND)

3.13 PREPARATION OF PROPOSAL

3.14 SIGNATURE REQUIREMENTS OF PROPOSAL

3.15 FILING OF BID PACKAGES

3.16 WITHDRAWING OR MODIFYING BID PACKAGES

3.17 OPENING BID PACKAGES

3.18 IRREGULAR PROPOSALS

3.19 DISQUALIFICATION OF BIDDERS

3.20 CONSIDERATION OF PROPOSALS

3.21 CITY MAY REJECT BID PACKAGES

3.22 AWARD OF CONTRACT

3.23 RETURN OF BIDDER’S BOND

3.24 SUBMISSION OF POST BID INFORMATION

3.25 CONTRACT BONDS

3.26 INSURANCE

3.27 EXECUTION OF CONTRACT

3.28 FAILURE TO EXECUTE CONTRACT

3.29 BEGINNING OF WORK

SECTION 4 POLICY STATEMENT ON EEO

SECTION 5 PROPOSAL

SECTION 6 BID BOND

SECTION 7 STANDARD FORM OF AGREEMENT

7.1 DESCRIPTION OF WORK

7.2 CONTRACT DOCUMENTS

7.3 TIME OF COMMENCEMENT AND COMPLETION

7.4 CONTRACT PRICE

7.5 BONDS

7.6 INSURANCE

7.7 CITY AND OTHERS INDEMNIFIED

7.8 VENUE

7.9 AFFIDAVIT OF BILLS PAID AND FINAL PAYMENT TO CONTRACTOR

7.10 RESERVED

7.11 NOTICES

SECTION 8 PERFORMANCE AND MAINTENANCE BOND AND PAYMENT BOND

SECTION 9 PAYMENT BOND ONLY

SECTION 10 CERTIFICATE(S) OF INSURANCE

SECTION 11 ENDORSEMENTS

SECTION 12 CONTRACTOR’S AFFIDAVIT OF BILLS PAID

SECTION 13 RESERVED

SECTION 14 WAIVER AND RELEASE

SECTION 15 PROCEDURE FOR CORRECTING CONSTRUCTION DEFECTS

SECTION 16 GENERAL CONDITIONS

16.1 DEFINITIONS OF TERMS

16.1.1 Addenda

16.1.2 Agreement

16.1.3 Calendar Day

16.1.4 Change Order

16.1.5 City

16.1.6 Contract Documents

16.1.7 Contract Price

16.1.8 Contract Time

16.1.9 Contractor

16.1.10 Extra Work

16.1.11 Field Order

16.1.12 Final Completion (a.k.a. Complete in Full or Completed in Full)

16.1.13 Notice to Proceed

16.1.14 Reserved

16.1.15 Ozone Action Day

16.1.16 Proposal

16.1.17 Project Designer

16.1.18 Project Representative

16.1.19 Rain Day

16.1.20 Standard Specifications

16.1.21 Sub-Contractor

16.1.22 Substantial Completion

16.1.23 Supplier

16.1.24 Traffic Engineer

16.1.25 Work

16.1.26 Working Day

16.1.27 Working Hours

16.1.28 Written Notice

16.2 RESPONSIBILITIES OF THE CITY

16.2.1 Collateral Contracts

16.2.2 Easements and Right-of-Way

16.3 RESPONSIBILITIES OF THE CONTRACTOR

16.3.1 Contractor's Understanding

16.3.2 Keeping Plans and Specifications Accessible

16.3.3 Right of Entry

16.3.4 Contractor's Duty and Superintendence

16.3.5 Character of Workers

16.3.6 Assignment and Subcontracting

16.3.7 Subsurface Conditions

16.3.8 Protection of Materials, Equipment and Work

16.3.9 Protection Against Accident to Employees and the Public

16.3.10 Shop Drawings and Other Submittals

16.3.11 Water for Construction

16.3.12 Contractor's Buildings

16.3.13 Sanitation

16.3.14 Protection Against Claims

16.3.15 Intellectual Property - Payment of Royalties and License Fees

16.3.16 Compliance with Laws and Ordinances

16.3.17 OSHA Requirements

16.3.18 Trench Safety Systems

16.4 RESPONSIBILITIES OF THE PROJECT DESIGNER

16.4.1 Project Designer-City Relationship

16.4.2 Lines and Grades

16.4.3 Initial Determinations

16.4.4 Payments for Work

16.4.5 Objections

16.5 RESPONSIBILITIES OF THE PROJECT REPRESENTATIVES

16.5.1 Project Representative-City Relationship

16.5.2 Professional Inspection by Project Representative

16.6 CONTRACT DOCUMENTS

16.6.1 Ownership of Drawings

16.6.2 Adequacy of Design

16.6.3 Specifications

16.6.4 Discrepancies and Omissions

16.7 BONDS

16.7.1 General

16.7.2 Performance Bond

16.7.3 Maintenance Bond

16.7.4 Payment Bond

16.8 INSURANCE REQUIRED

16.8.1 Contractor Shall Maintain Insurance

16.8.2 Insurance Requirements shall not limit Contractor’s Liabilities and Obligations

16.8.3 Commercial General Liability

16.8.4 Business Automobile Liability

16.8.5 Contractor’s Professional Errors & Omissions Liability

16.8.6 Inland Marine Builder’s Risk Insurance

16.8.7 Contractor’s Pollution Liability

16.8.8 Commercial Umbrella/Excess Liability

16.8.9 Additional Insured Endorsements

16.8.10 Deductibles, Coinsurance Penalties & Self-Insured Retention

16.8.11 Waiver of Subrogation

16.8.12 Right to Revise or Reject

16.8.13 No Representation of Coverage Adequacy

16.8.14 Certificate of Insurance

16.8.15 Workers’ Compensation & Employer’s Liability

16.9 QUALITY OF MATERIALS AND WORKMANSHIP

16.9.1 Materials Approved for Work

16.9.2 Testing of Materials

16.9.3 Defects and Their Remedies

16.9.4 Guarantee

16.10 MAINTENANCE OF SITE

16.10.1 Protection of Adjoining Property

16.10.2 Driveways and Property Access

16.10.3 Traffic Control

16.10.4 Erosion Control Plan

16.10.5 Protection of Survey Monuments

16.10.6 Manhole, Clean-Out, and Water Valve Locations

16.10.7 Water Sprinklers

16.10.8 Existing Mailboxes

16.11 GENERAL PROVISIONS

16.11.1 Damages

16.11.2 Losses From Natural Causes

16.11.3 Public Utilities

16.11.4 Ozone Action Day

16.12 PROSECUTION AND PROGRESS

16.12.1 Time and Order of Completion

16.12.2 Computation of Contract Time for Completion

16.12.3 Liquidated Damages

16.12.4 Extension of Time

16.12.5 Inclement Weather

16.12.6 Hindrances and Delays

16.13 MEASUREMENT AND PAYMENT

16.13.1 Quantities and Measurements

16.13.2 Estimated Quantities

16.13.3 Price of Work

16.13.4 Arrears

16.13.5 Payments Withheld

16.13.6 Partial Payments

16.13.7 Records of Materials Purchased

16.13.8 Use of Completed Portions

16.13.9 Substantial Completion

16.13.10 Final Completion and Acceptance

16.13.11 Final Payment

16.14 EXTRA WORK AND CLAIMS

16.14.1 Changes and Alterations

16.14.2 Change Orders

16.14.3 Minor Changes

16.14.4 Extra Work

16.14.5 Time of Filing Claims

16.15 ABANDONMENT OF CONTRACT

16.15.1 Abandonment by Contractor

SECTION 17 SPECIAL CONDITIONS

SECTION 18 TECHNICAL AND/OR SPECIAL SPECIFICATIONS; PLANS AND OTHER

DRAWINGS; OTHER DOCUMENTS AS NEEDED

SECTION 19 CERTIFICATE OF INTERESTED PARTIES

Section 1 ADDENDA

[Insert Addenda Here If Applicable]

Section 2 NOTICE TO BIDDERS

[Insert Notice to Bidders Here]

NOTICE TO BIDDERS

Sealed bids addressed to the City of Tyler, Texas, will be received in the Purchasing Office, 304 North Border Avenue, Tyler, Texas 75702, Attention: Sherry Petit, until 2:00 p.m. on September 8, 2026, and will be publicly opened immediately thereafter in the City Council Chambers, 212 North Bonner Avenue, City Hall, 2nd Floor, Tyler, Texas.

Sealed bids will be for furnishing all labor, materials, equipment, superintendence, and incidentals necessary for construction of the following improvements for the City of Tyler, Texas:

City of Tyler Bid Number: 26-0331

Project Name: Tyler Rose Complex – Deck Rehabilitation

The project generally consists of the construction of a new elevated deck structure, including, but not limited to, structural framing, decking, railings, stairs, waterproofing, foundations, associated site improvements, and all labor, materials, equipment, and appurtenances necessary to complete the project in accordance with the Contract Documents.

Bid Documents, including the Plans, Specifications, Addenda, and Contract Documents, may be obtained through CIVCAST.

All addenda will be issued through CIVCAST. It is the sole responsibility of each bidder to monitor CIVCAST and obtain all addenda issued prior to submitting a bid. Failure to acknowledge receipt of all issued addenda may result in the bid being deemed non-responsive.

A non-mandatory Pre-Bid Conference will be held on September 3, 2026, via Microsoft Teams. Additional information, including the virtual meeting link, will be posted on CIVCAST.

Each bid shall be accompanied by a Bid Bond in the amount of five percent (5%) of the total bid, issued by an acceptable surety or a certified check payable to the City of Tyler, Texas.

The successful bidder will be required to furnish Performance Bond, Payment Bond, and Maintenance Bond in accordance with the Contract Documents.

The City of Tyler reserves the right to reject any or all bids and to waive any informalities or irregularities in bidding. Bidders must comply with all applicable federal, state, and local laws, ordinances, and regulations.

Contract Time: 120 calendar days from the Notice to Proceed.

In accordance with House Bill 1295, for certain contracts entered into on or after January 1, 2016, the successful bidder shall submit a Certificate of Interested Parties (Form 1295) as required by the Texas Ethics Commission.

Questions regarding the project shall be submitted through CIVCAST.

CITY OF TYLER

Edward Broussard, City Manager

Department Representative

Publish: Tyler Morning Telegraph, Tyler, Texas

PUBLICATION DATES:

First (1st) Publication: August 28, 2026

Second (2nd) Publication: September 04, 2026

Section 3 INSTRUCTIONS TO BIDDERS

3.1 PROPOSAL FORM

The CITY will furnish bidders with proposal forms which state the general location and description of the contemplated Work, an approximate estimate of the materials to be furnished and/or Work to be done and upon which bid prices are asked, and the time in which the Work is to be completed. The Proposal form will provide a space for entering the amount of proposal guaranty.

3.2 EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF THE WORK

Bidders are advised that the plans, specifications, and other documents on file with the CITY will constitute all the information furnished by the CITY. Bidders are required, prior to submitting any bid package, to read the specifications, Proposal, contract and bond forms carefully, to visit the site of the Work, to examine carefully local conditions, to inform themselves by their independent research, tests, and investigations of the difficulties to be encountered and assess for themselves the accessibility of the Work and all attending circumstances affecting the cost of doing the Work and time required for its completion, and obtain all information required to make an intelligent bid. No information given by the CITY or any officials thereof, other than that shown on plans and contained in the specifications, Proposal and other documents, will be binding upon the CITY.

Bidders must rely exclusively upon their own estimates, investigations, tests, and other data which are necessary for full and complete information upon which the bid may be based. It is mutually agreed that submission of a bid package is evidence that the bidder has made the examinations, investigations, and tests required herein. Should a bidder find discrepancies in, or omissions from the plans, specifications or other documents, or be in doubt as to their meaning, the bidder should notify the CITY immediately and obtain a clarification prior to submitting any bid package.

Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by the plans will not be allowed.

3.3 PRE-BID CONFERENCE

If a Pre-Bid Conference is scheduled, it will be set a minimum of four (4) working days prior to the bid opening time. If attendance at the Pre-Bid Conference is mandatory due to the size or nature of the project, bidders must attend to ensure their understanding of the project scope as well as the CITY’S bidding and contracting requirements; a bidder’s absence from a mandatory Pre-Bid Conference shall result in disqualified from bidding.

3.4 ADDENDA

Should a bidder find discrepancies in, or omissions from the plans or specifications or other contract documents, or should he be in doubt as to their meaning, he should at once notify the Project Designer in order that a written addendum may be sent to all bidders. Bidders desiring further information or interpretations must make request for such information to the Project Designer prior to four (4) working days before the time of the bid opening. The person submitting the request will be responsible for its prompt delivery. Appropriate clarification and addenda will be issued at least forty-eight (48) hours prior to the time of the bid opening. Answers to all such requests will be given in writing to all bidders, in addendum form, and all addenda will be bound with and made a part of the contract documents. No other explanation or interpretation will be considered official or binding. Any addenda issued will be mailed, faxed or delivered to each person to whom a set of such documents has been furnished and receipt of same must be acknowledged by noting the addendum number and date of receipt of said addenda in the space provided on the Proposal form. The proposal, as submitted by the CONTRACTOR, will be so constructed as to include any addenda if such are issued by the Project Designer (prior to forty-eight (48) hours of the bid opening).

3.5 QUANTITIES IN PROPOSAL FORM

The quantities of the Work and materials set forth in the Proposal form or on the plans approximately represent the Work to be performed and materials to be furnished, and are for the purpose of comparing the bids on a uniform basis. Payment will be made by the CITY to the CONTRACTOR only for the actual quantities of Work performed or materials furnished in accordance with the plans and specifications, and it is understood that the quantities may be increased or decreased as provided for in Section 16.13.2 "Estimated Quantities", without in any way invalidating the bid prices.

3.6 UNIT PRICES

Unit prices written in words will be the basis for the award of the proposal. Unit prices are used by the CITY in scheduling interim payments to the CONTRACTOR. The unit price written in words, multiplied by the estimated bid quantity, will be used to determine the item extension and the actual total bid price. All mathematical errors found when the bids are tabulated will be corrected by the CITY, and the bids will be revised to reflect the correct item extension and/or total bid price. The corrected total bid amount will then become the official proposal for that CONTRACTOR. All bidders will be notified of any errors in their bid, and will be notified and given the opportunity to review the official bid tabulation prior to award recommendation.

The unit prices shown in the proposals must be balanced to reflect actual cost of the item, including a fair and reasonable cost for overhead and profit. If the unit price is considered to be unbalanced, the CITY reserves the right to reject the entire proposal. If required by the CITY, the CONTRACTOR must provide documentation to substantiate that the unit prices reflect fair and reasonable material costs, labor costs, overhead and profit, as determined by industry standards.

3.7 PROJECT COMPLETION TIME

Project completion time will be established according to the requirements of the Proposal. The amount bid for the contract will adequately represent the effort required to complete the project within the specified time on the Proposal.

3.8 ASSIGNMENT AND SUBCONTRACTING

The CONTRACTOR will retain full control and will give personal attention to the fulfillment of this contract and will not assign by Power of Attorney or otherwise without the written consent of the CITY.

The CONTRACTOR may utilize the services of specialty subcontractors on those parts of the Work which, under normal contracting practices, are performed by specialty subcontractors.

However, the CONTRACTOR shall not employ any subcontractor against whom the CITY may have a reasonable objection.

The CONTRACTOR must perform, with the CONTRACTOR’S own forces, at least thirty percent (30%) of the total contract, based on unit bid prices, unless this requirement is waived by the CITY.

Subcontracting any portion or feature of the Work, or materials required in the performance of this contract, shall not relieve the CONTRACTOR from his full obligations to the CITY, as provided by this AGREEMENT. The CONTRACTOR will be fully responsible to the CITY for the acts and omissions of subcontractors, and of persons either directly or indirectly employed by them, as the CONTRACTOR is for the acts and omissions of persons directly employed by the

CONTRACTOR.

The CONTRACTOR must cause appropriate provisions to be inserted in all subcontracts relative to the Work, to bind subcontractors to the CONTRACTOR by the terms of the contract documents, insofar as applicable to the Work of the subcontractors, and to give the CONTRACTOR the same power as regards to terminating any subcontract that the CITY may exercise over the CONTRACTOR under any provision of the contract documents.

In the event that a portion of the Work is subcontracted, the CITY will not recognize such subcontractors in supervision of the construction or in making monthly payments for Work accomplished. The CONTRACTOR shall be primarily responsible for all Work, and shall receive all payments. Nothing contained in this contract shall create any contractual relation between any subcontractor and the CITY.

3.9 OUT-OF-STATE CONTRACTORS

All out-of-state CONTRACTORS are required to submit with their bid package a copy of any law from their state of residence which would give a preference to CONTRACTORS domiciled in their state over out-of-state CONTRACTORS.

3.10 NON-DISCRIMINATORY EMPLOYMENT

The City Council adopted on October 21, 1975, a Resolution requiring non-discriminatory employment by persons who contract with the CITY to supply labor, materials, goods, or services to the CITY. A copy of the latest City Manager’s Policy Statement On Equal Employment Opportunity shall be included in the contract documents and is on file in the City Clerk's Office.

The CONTRACTOR and CONTRACTOR’S subcontractors or agents must not engage in any discriminatory employment practices.

3.11 WAGE RATES

Wage rates for the various classes of labor involved in the project shall be not less than those prevailing for each class of labor in this area. Time and one-half shall be paid all workers, whether skilled or semi-skilled, for all labor done in excess of forty (40) hours weekly. The inclusion, if any, of a schedule of minimum wage does not relieve the CONTRACTOR from responsibility to comply with any State or Federal wage law that may be applicable.

The CONTRACTOR shall deduct from all workers’ wages social security, withholding tax, and all deductions required by law and shall not make any deductions other than those required or authorized by law.

3.12 PROPOSAL GUARANTY (BID BOND)

Bidders must submit an acceptable Cashier's or Certified Check upon a national or state bank in the amount of five percent (5%) of the total maximum bid payable without recourse to the City of Tyler, Texas, or an acceptable Bid Bond in the same amount from a reliable surety company, registered by the State Board of Insurance to conduct business in the State of Texas, and acceptable according to the most recent list of the companies holding Certificates of Authority from the Secretary of the Treasury of the United States, shown on the Treasury List, as a guarantee that the bidder will enter into a contract. The proposal guaranty must be enclosed in the same envelope containing the bid package. Bid packages without the required enclosed check or Bid Bond will not be considered. All proposal guaranties will be returned un-negotiated, after the bids are opened, except those of the three (3) lowest bidders, which the CITY may elect to hold until the successful bidder has executed the contract.

3.13 PREPARATION OF PROPOSAL

The bidder has the option of either submitting the proposal on the forms furnished by the CITY in the contract documents, or submitting a computer print-out proposal in lieu of the CITY’S Proposal form.

Preparation of Proposal on forms supplied by CITY:

All blank spaces in the form must be correctly filled in and the bidder must state the prices, typed or written in ink, both in words and numerals, for which the bidder proposes to do the Work contemplated or furnish the material required. It will be the bidder’s responsibility to ensure that all unit prices written in words will be clear and legible. Illegibly written unit prices will result in the proposal being rejected and will not be considered as an irregularity of the proposal. In case of a discrepancy between the unit price written in words, the unit price written in figures, and/or the item extension written in figures, the unit price written in words will govern.

The Total Bid Price must be shown in both numbers and words.

Acknowledgement of all addenda, typed name and title of person signing proposal, authorized signature and date shall also be included.

Preparation of Proposal on computer print-out supplied by bidder:

The computer print-out proposal shall be in spreadsheet format, using software of the bidder’s selection. As a minimum, a computer print-out must include the following information: Bid Item Number, Approximate Quantities, Unit of Measure, Bid Item Description, Written Unit Price, Unit Bid Price, Extended Price (Amount), as well as Total Bid Price. Line items must be in the same order as on the CITY’S Proposal form (see example below).

Bid Item Quantity Unit

Item Description and Written Unit Price

Unit Price Amount

The Total Bid Price must be shown in both numbers and words.

Acknowledgement of all addenda, typed name and title of person signing proposal, authorized signature and date shall also be included.

All computer print-out proposals shall be delivered, in hard copy (i.e. no fax or e-mail submittals) to the designated location, at or before the designated time and include the following certification:

[Insert bidder’s name here] certifies that the unit prices shown on this complete computer print-out for all the bid items and alternates contained in this proposal are the unit prices intended and that its bid will be tabulated using these unit prices and no other information from this print-out. [Insert bidder’s name here] acknowledges and agrees that the total bid amount shown will be read as its total bid and further agrees that the official total bid amount will be determined by multiplying the unit bid prices shown in this print-out by the respective estimated quantities shown in the City of Tyler issued proposal and totaling all of the extended amounts.

Typed Name:

Title:

Signature:

Date:

3.14 SIGNATURE REQUIREMENTS OF PROPOSAL

1. If a proposal is submitted by an individual, the proposal must be signed by the individual or the individual's duly authorized agent.

2. If the proposal is submitted by a firm, association, partnership or company, the name and address of each member must be given and the proposal signed by a member of the firm, association, partnership, company or person duly authorized.

3. If the proposal is submitted by a corporation, the company or corporate name and address must be given and the proposal signed by an official or duly authorized agent and sealed with the corporate seal. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal.

3.15 FILING OF BID PACKAGES

No bid package will be considered unless it is received in the Water Utilities Administrative Office, Tyler, Texas within the time limit for receiving bid packages as stated in the advertisement. Each bid package must be in a sealed envelope, plainly marked with the word "proposal", and the project name and time and date the bid package is to be opened as designated in the Notice to Bidders.

The bid package must consist of the following items to be considered complete:

1. Acknowledgment of all addenda

2. Proposal

3. Bid Bond

Any bid package received without each of the required items may be rejected and may not be read at the bid opening.

CONTRACTORS building public streets and drainage, water and/or sewer facilities (not including specialty work such as pipeline camera inspection, interior lining of pipes, etc.) shall have a fully executed Contractor’s Qualification Statement on file with the CITY prior to bid opening or include it as part of the CONTRACTOR’S bid package. Forms are available for download at https://www.cityoftyler.org/government/departments/engineering-services/ engineering-and-construction-standards. CONTRACTORS performing any other type of work (i.e., not public streets, drainage or utilities) are not required to have a Contractor’s Qualification

Statement on file or include it as part of the bid package unless required by a City Operational Department. Other information from the CONTRACTOR such as company history, relevant work experience, project references, etc. may be required in lieu of the Contractor’s Qualification Statement.

3.16 WITHDRAWING OR MODIFYING BID PACKAGES

A bidder may withdraw a bid package provided a written request to do so is in the hands of the official indicated in the Notice to Bidders by the time set for opening of bid packages. A bidder may change the unit prices in the proposal provided a written request to do so is in the hands of the Purchasing Agent prior to the time set for opening of bid packages. Requests by telephone or FAX for changes in bid prices or for withdrawal of bid packages will not be considered. No bid packages will be withdrawn within sixty (60) calendar days after the bid opening.

3.17 OPENING BID PACKAGES

The bid package filed with the Purchasing Agent will be opened at the time stated in the Notice to Bidders and publicly read aloud, and will thereafter remain on file with the CITY. Bidders or their agents are invited to be present.

3.18 IRREGULAR PROPOSALS

Proposals will be considered irregular if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the CITY reserves the right to waive any irregularities and to make the award in the best interests of the CITY.

3.19 DISQUALIFICATION OF BIDDERS

Bidders may be disqualified and their bid package not considered for any of the following specific reasons:

1. Reason to believe collusion exists among the bidders.

2. The bidder is in arrears on any existing contract or has defaulted on a previous contract.

3. The bidder is interested in any litigation against the CITY.

4. Uncompleted Work which in the judgment of the CITY will prevent or hinder the prompt completion of additional Work if awarded.

5. Poor performance in the execution of Work under previous contracts.

6. The bidder is determined to have an unacceptable safety record.

7. Incomplete bid packages (see Section 3.15, “Filing of Bid Packages”).

8. Proposals in which prices are obviously unbalanced (see Section 3.6, “Unit Prices”).

9. Proposals which are irregular (see Section 3.18, “Irregular Proposals”).

10. CONTRACTORS not qualified to perform this Work, as determined by the CITY.

11. CONTRACTOR is not on CITY’S Approved Contractors List or Contractor’s

Qualification Statement is not on file with the CITY prior to bid opening nor included as part of the bid package.

12. Failure to have an authorized agent of the bidder at a Pre-Bid Conference, when attendance is mandatory.

3.20 CONSIDERATION OF PROPOSALS

After bid packages are opened, the proposals will be tabulated for comparison on the basis of the bid prices and quantities shown in the proposal.

3.21 CITY MAY REJECT BID PACKAGES

Until final award of the contract, the CITY reserves the right to reject any or all bid packages, to waive technicalities, and to re-advertise for new bids, or proceed to do the Work otherwise in the best interests of the CITY (TEX. LOC. GOV’T CODE ANN. §252.043(f); §271.027(a)).

3.22 AWARD OF CONTRACT

After all submitted bid packages have been opened and read aloud, the proposals submitted will be reviewed and tabulated in order from low to high bid. Upon request, a copy of the tabulation will be forwarded to each bidder submitting a qualified bid package.

The award of the contract, if it is awarded, will be to the lowest responsible bidder in accordance with the General Conditions. The tabulated bids, along with the recommendation of the Project Designer shall be placed on the agenda of a regularly scheduled City Council Meeting within sixty

(60) calendar days of bid opening.

If the contract is awarded, it will be awarded to the lowest responsible bidder, but the contract may not be awarded to a bidder who is not the lowest bidder unless before the award, the CITY gives notice to each lower bidder of the proposed award and each lower bidder is given an opportunity to appear before the City Council, or the designated representative of the City Council, and present evidence concerning the bidder’s responsibility. TEX. LOC. GOV’T CODE ANN. § 271.027.

Notification of the City Council action will be issued to the affected bidders.

3.23 RETURN OF BIDDER’S BOND

As soon as bid prices have been tabulated for comparison of bids, the CITY may, at its discretion, return the proposal guaranties accompanying the bid packages which, in its judgment, would not be considered in the award; all other proposal guaranties will be retained by the CITY until the required contract and bonds have been executed, after which they will be returned. No proposal guaranties will be returned until at least two (2) calendar days have elapsed from time of opening bid packages.

3.24 SUBMISSION OF POST BID INFORMATION

Upon request by the CITY, the selected bidder must, within seven (7) calendar days thereafter, submit the following:

1. A designation of the Work to be performed by the bidder with the bidder’s own forces.

2. A list of names of the subcontractors or other persons or organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for such portions of the Work as may be designated in the bidding documents or, if no portions are so designated, the names of the subcontractors proposed for stated portions of the Work.

The bidder will be required to establish to the satisfaction of the Project Designer and the CITY the reliability and responsibility of the proposed subcontractors to furnish and perform such portions of the Work. Prior to the award of the contract, the Project Designer will notify the bidder in writing if either the CITY or the Project Designer, after due investigation, has reasonable and substantial objection to any person or organization on such list. Subcontractors and other persons and organizations proposed by the bidder and accepted by the CITY and the Project Designer must be used on the Work for which they were proposed and accepted and will not be changed except with the written approval of the CITY and the Project Designer.

3.25 CONTRACT BONDS

The CONTRACTOR is required, pursuant to TEX. GOV’T CODE ANN. § 2253.021, and/or the Standard Form of Agreement to execute all bonds before commencing the work. The contract shall not be in effect until CONTRACTOR executes the AGREEMENT and files with the CITY a good and sufficient Statutory Performance and Maintenance Bond and Payment Bond (when applicable) or Payment Bond on standard forms and in the amount equal to one hundred percent (100%) of the total amount of the contract. Such bonds are furnished by the CONTRACTOR and approved by the CITY.

A Performance and Maintenance Bond and Payment Bond shall be required for contract amounts in excess of one hundred thousand dollars ($100,000).

Payment Bond shall be required for all projects regardless of value.

Within fifteen (15) calendar days after written notification of the award of the contract, the CONTRACTOR shall submit Statutory Performance and Maintenance Bond and Payment Bond (when applicable) or Payment Bond to CITY on standard forms as required by the

AGREEMENT.

3.26 INSURANCE

CONTRACTOR agrees, at its sole expense, to maintain on a primary basis during the life of the Contract and the performance of Work, required insurance coverages, limits, and endorsements.

Insurance required by the AGREEMENT for the CITY as additional insured shall be primary insurance and not contributing with any other insurance available to CITY.

CONTRACTOR agrees to provide evidence of the required coverages at execution of contract.

In the event the CONTRACTOR performs any site work, other than testing, then all the insurance required will need to be evidenced prior to commencement of said site work.

3.27 EXECUTION OF CONTRACT

The person(s), partnership, company, firm, association or corporation to whom a contract is awarded must, within fifteen (15) calendar days after receipt of the contract, sign the necessary agreements entering into the required contract with the CITY. No contract will be binding on the CITY until it has been approved by the City Attorney, executed by the City Manager, attested by the City Clerk, and delivered to the CONTRACTOR.

3.28 FAILURE TO EXECUTE CONTRACT

The failure of the bidder to execute the required bonds or to sign the required contract within fifteen (15) calendar days after receipt of the contract will be considered by the CITY as an abandonment of the proposal and the CITY may annul the award. By reason of the uncertainty of the market prices of materials and labor, and it being impracticable and difficult to determine accurately the amount of damages accruing to the CITY by reason of said bidder's failure to execute said bonds and contract within said fifteen (15) calendar days, the proposal guaranty accompanying the proposal will be the agreed amount of damages which the CITY will suffer by reason of such failure on the part of the bidder, and will thereupon immediately be forfeited to the CITY. The filing of a bid package will be considered as an acceptance of this provision.

3.29 BEGINNING OF WORK

The CONTRACTOR will not begin Work until notified in writing by the CITY to do so.

Section 4 POLICY STATEMENT ON EEO

Section 5 PROPOSAL

[Insert Proposal Here]

Section 6 BID BOND Check Here if this Section is NOT Used ☐

THE STATE OF TEXAS §

§ BID BOND

COUNTY OF SMITH §

THAT, [contractor], as PRINCIPAL, and [surety], as SURETY, acknowledge their indebtedness and are held and firmly bound unto the City of Tyler (CITY), Texas in Smith County, as OBLIGEE, in the amount of [insert figure using written words], ($ ) [insert numerical figure] payable to the City of Tyler, Texas for the payment of which, the said PRINCIPAL (Contractor) and SURETY bind themselves, and their heirs, administrators, executors, successors, legal representatives, and assigns, jointly and severally, firmly by these presents.

PRINCIPAL (Contractor) is about to submit to OBLIGEE (City) a bid or proposal for:

City of Tyler Bid Number Bid #26-033 in accordance with plans and specifications filed in OBLIGEE’S (City’s) office and under the Request for Quotation (RFQ) / Request for Proposal (RFP) / Invitation to Bid therefor.

NOW THEREFORE:

THE CONDITION OF THIS OBLIGATION IS THAT IF:

1) the bid or proposal is rejected, or

2) the bid or proposal of PRINCIPAL (Contractor) is accepted; and

a. the contract for the work is awarded to PRINCIPAL (Contractor) by OBLIGEE (City),

b. PRINCIPAL (Contractor) enters into a written contract in the form of contract provided in these contract documents (properly completed in accordance with the bid),

c. PRINCIPAL (Contractor) furnishes a Performance and Maintenance Bond for the performance of the work as required by law and/or the AGREEMENT,

d. PRINCIPAL (Contractor) furnishes a Payment Bond for the payment of all persons performing labor or furnishing materials in connection therewith as required by law and/or the AGREEMENT, and

e. PRINCIPAL (Contractor) in all other respects performs the agreement created by the acceptance of the bid, then this obligation will be null and void; otherwise, subject to the following limitation, it will remain in full force and effect.

The limitation referred to above is that surety, in any event, will not be liable for a greater amount than the difference between the amount of principal's bid or proposal and the lowest amount in excess of that bid or proposal for which CITY may be able to award the contract within a reasonable time.

The SURETY, for value received, hereby stipulates and agrees that the obligations of said SURETY and its Bond shall be in no way impaired or affected by any extension of the time within which the OBLIGEE (City) may accept such bid; and said SURETY does hereby waive notice of any such extension.

I (WE) CERTIFY that the SURETY is registered by the State Board of Insurance to conduct business in the State of Texas, and acceptable according to the latest list of companies holding Certificates of Authority from the Secretary of the Treasury of the United States, shown on the Treasury List.

I (WE) CERTIFY that the SURETY has reviewed the financial condition of the PRINCIPAL and the PRINCIPAL’S qualification to perform the work required by this project.

IN WITNESS WHEREOF the PRINCIPAL (Contractor) and SURETY have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereunto affixed and these presents to be signed by their proper officers, the day and year set forth below.

Signed this day of , 20 .

BOND NUMBER:

PRINCIPAL (Contractor) SURETY

Printed Name of Principal Printed Name of Surety

Physical Address Physical Address

Mailing Address Mailing Address

Telephone Number Telephone Number

By: By:

Signature Signature

Title Title

SURETY’S SEAL:

***** NOTE *****

If signed by an Attorney-in-Fact a copy of the Power of Attorney shall be attached, or

If signed by an officer of the Surety Company a certified extract from the by-laws showing that this person has authority to sign obligation shall be attached.

Section 7 STANDARD FORM OF AGREEMENT

THE STATE OF TEXAS § STANDARD FORM OF AGREEMENT

§ FOR

§ CITY OF TYLER

COUNTY OF SMITH § CAPITAL IMPROVEMENT PROJECT (CIP)

THIS AGREEMENT, made and entered into this day of , 20 , by and between the City of Tyler, Texas, of the County of Smith and State of Texas, hereinafter termed "CITY", acting through the City Manager, and [insert name of Contractor], of the City of , the County of , the State of Texas, hereinafter termed "CONTRACTOR".

THAT FOR AND IN CONSIDERATION of the payments and mutual covenants set forth in this Standard Form of Agreement and under the conditions expressed in the contract documents and in the bond bearing even date herewith, CONTRACTOR hereby agrees with CITY as follows:

WITNESSETH:

7.1 DESCRIPTION OF WORK

CONTRACTOR will perform all the work required by the contract documents and said work shall be done under the supervision of the representative of the CITY. The work will consist of the completion of construction of certain improvements and all extra work in connection therewith, in accordance with the prices and conditions stated in the contract documents and at CONTRACTOR'S cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction.

7.1.1 If the Project is a “civil works” project, as defined by Sec. 2269.351 of Tex. Gov. Code Ann., then the PROCEDURE FOR CORRECTING CONSTRUCTION DEFECTS herein does NOT apply. “Civil works” projects are those related to roads, streets, bridges, utilities, water supply projects, water plants, waste water plants, water distribution and wastewater conveyance facilities, desalination projects, wharves, docks, airport runways and taxiways, storm drainage, flood control projects and transit projects.

7.1.2 If the Project is related to “public works” projects or construction contracts affecting City-owned buildings, then this contract IS SUBJECT TO ADDITIONAL PROVISIONS FOUND IN the PROCEDURE FOR CORRECTING CONSTRUCTION DEFECTS herein.

“Public ” is defined by Tex. Gov. Code Ann., Sec. 2269.001 (6) as a contract for constructing, altering, or repairing a public building or carrying out any public work.

7.1.3 If the PROCEDURE FOR CORRECTING CONSTRUCTION DEFECTS is applicable and there is a conflict between any other clause in this Agreement and the PROCEDURE, the PROCEDURE shall control.

7.2 CONTRACT DOCUMENTS

The contract documents constitute the entire AGREEMENT between the CITY and CONTRACTOR, and all are as fully a part of the AGREEMENT as if attached to or repeated in this Standard Form of Agreement.

The contract documents are as follows:

• Notice to Bidders,

• All addenda issued prior to execution of this Standard Form of Agreement,

• Instructions to Bidders,

• CITY Policy Statement on Equal Opportunity Employment,

• Proposal,

• Bid Bond and Special Bonds (if any),

• Standard Form of Agreement,

• Statutory Performance and Maintenance Bond and Payment Bond (if applicable),

• Payment Bond,

• Certificate(s) of Insurance,

• Endorsements,

• Contractor’s Affidavit of Bills Paid and Waiver and Lien Releases,

• Procedure for Correcting Construction Defects (if applicable)

• General Conditions,

• Special Conditions,

• CITY specifications governing water and/or sanitary sewer installation within the CITY titled City of Tyler Standard Specifications,

• Trench Safety Systems,

• Plans and other drawings and printed or written explanatory matter thereof, and

• All field orders and change orders issued after execution of this Standard Form of

Agreement.

In case of conflict between any of the contract documents, priority of interpretation shall be in the following order:

1. Signed Standard Form of Agreement,

2. Performance and Maintenance Bond and Payment Bond (if applicable) and/or Payment

Bond,

3. Special Bonds (if any),

4. Proposal,

5. Special Conditions,

6. Special Specifications,

7. City of Tyler Standard Specifications,

8. Technical Specifications,

9. Plans, and

10. General Conditions.

7.3 TIME OF COMMENCEMENT AND COMPLETION

CONTRACTOR hereby agrees to commence work within ten (10) calendar days after the date specified in the Notice to Proceed, to diligently pursue the work without extended interruption and to complete in full the same either:

1) ☒ within one hundred eighty (180) calendar days after the date specified in the written Notice to Proceed, or

2) ☐ on or before the mandatory completion date of ________________, subject to such extensions of time as are provided by the General Conditions.

7.4 CONTRACT PRICE

CITY agrees to pay to the CONTRACTOR the contract amount of [insert figure using written words], ($ ) [insert numerical figure] such payments to be subject to the General Conditions of the contract.

7.5 BONDS

The CONTRACTOR is required, pursuant to TEX. GOV’T CODE ANN. § 2253.021, and/or this Standard Form of Agreement to execute all bonds before commencing the work. The contract shall not be in effect until CONTRACTOR executes the AGREEMENT and files with the CITY a good and sufficient Statutory Performance and Maintenance Bond and Payment Bond (when applicable) or Payment Bond on standard forms and in the amount equal to one hundred percent (100%) of the total amount of the contract. Such bonds are furnished by the CONTRACTOR and approved by the CITY.

A Performance and Maintenance Bond and Payment Bond shall be required for contract amounts in excess of one hundred thousand dollars ($100,000).

Payment Bond shall be required for all projects regardless of value.

Within fifteen (15) calendar days after written notification of the award of the contract, the CONTRACTOR shall submit Statutory Performance and Maintenance Bond and Payment Bond (when applicable) or Payment Bond to CITY on standard forms as required by the

AGREEMENT.

See Section 16.7, “Bonds” in the General Conditions for a description and explanation of the bonds required for this AGREEMENT.

7.6 INSURANCE

CONTRACTOR agrees, at its sole expense, to maintain on a primary basis during the life of this Contract and the performance of Work hereunder, insurance coverages, limits, and endorsements.

Insurance required by this AGREEMENT for the CITY as additional insured shall be primary insurance and not contributing with any other insurance available to CITY.

CONTRACTOR agrees to provide evidence of the required coverages at execution of contract.

In the event the CONTRACTOR performs any site work, other than testing, then all the insurance required by AGREEMENT will need to be evidenced prior to commencement of said site work.

See Section 16.8, “Insurance Required” in the General Conditions for the contractual types and amounts of insurance and endorsements required for this AGREEMENT.

See Section 10, “Certificate(s) of Insurance” for a chart and checklist providing a summary and overview of the insurance requirements.

See Section 11, “Endorsements” for a chart providing a summary and overview of the endorsement requirements.

In case of conflict between Section 10 and/or Section 11 and/or the insurance requirements described in the General Conditions, priority of interpretation shall be given first to the General Conditions.

7.7 CITY AND OTHERS INDEMNIFIED

CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS

PROJECT DESIGNER, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS,

(COLLECTIVELY REFERRED TO AS THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ALL

LIABILITY FOR ANY AND ALL CLAIMS, LIENS, DEMANDS, AND DAMAGES OF EVERY KIND FOR

INJURIES TO PERSONS INCLUDING DEATH, PROPERTY DAMAGE INCLUDING LOSS OF USE, AND

EXPENSES INCLUDING ATTORNEY’S FEES (COLLECTIVELY, THE “HARM”) ARISING OUT OF OR

RESULTING FROM THE PERFORMANCE OF THIS AGREEMENT, BUT ONLY PROPORTIONALLY TO

THE EXTENT THAT THE HARM WAS CAUSED BY THE NEGLIGENT OR INTENTIONAL ACTS OR

OMISSIONS OF (I) CONTRACTOR, (II) ANY PERSON OR ENTITY ACTING BY OR THROUGH THE

AUTHORITY OF THE CONTRACTOR IN FURTHERANCE OF THE PERFORMANCE OF THIS

CONTRACT, AND/OR (III) ANY SUBCONTRACTOR, OR ANYONE FOR WHOSE ACTS THE

CONTRACTOR OR SUBCONTRACTOR IS LIABLE, REGARDLESS OF WHETHER OR NOT SUCH

HARM OCCURRED ON PROPERTY BELONGING TO THE CITY. THE CONTRACTOR’S

INDEMNIFICATION OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR

TERMINATION OF THIS AGREEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE

CONTRACTOR’S INDEMNIFICATION OBLIGATIONS PROVIDED HEREIN SHALL SURVIVE AND BE

ENFORCEABLE BY THE INDEMNIFIED PARTIES (SUBJECT TO THE PROPORTIONALITY

LIMITATIONS SET FORTH IN THIS PARAGRAPH) DESPITE A DETERMINATION OR FINDING OF

CONCURRENT, COMPARATIVE, OR CONTRIBUTORY NEGLIGENCE OF EITHER THE

CONTRACTOR OR THE INDEMNIFIED PARTIES.

CONTRACTOR agrees to comply with the Worker’s Compensation Act of the State of Texas and to pay or cause to be paid all compensation, medical or hospital bills which may become due and payable thereunder, and to indemnify, hold harmless and defend CITY from and against any and all liability by reason of injury of employees of CONTRACTOR. CONTRACTOR shall furnish CITY with a Certificate from its Insurance Carrier evidencing CONTRACTOR’S compliance therewith (see Section 16.8, “Insurance Required”).

CONTRACTOR AGREES TO COMPLY WITH ABOVE REQUIREMENTS IN CONNECTION WITH

SERVICES AND/OR WORK COVERED UNDER THIS PROJECT.

7.8 VENUE

This agreement shall be construed in accordance with the laws of the State of Texas and the ordinances of the City of Tyler. Venue for any action brought to enforce or interpret this agreement shall lie exclusively in a court of competent jurisdiction in Smith County, Texas for actions in state court, and in the Eastern District of Texas, Tyler Division, for actions in federal court.

7.9 AFFIDAVIT OF BILLS PAID AND FINAL PAYMENT TO CONTRACTOR

Pursuant to TEX. PROP. CODE ANN. § 53.085(a) and this Standard Form of Agreement CONTRACTOR shall furnish a Contractor’s Affidavit of Bills Paid and executed Waiver and Lien Release forms to CITY stating that the work for the construction of said project has been satisfactorily completed; and that all bills for materials, supplies, apparatus, fixtures, machinery, labor, subcontractors, laborers and materialmen used in connection with the construction of this project have been fully paid.

Upon receipt of the notification of completion, the Project Designer shall proceed to make final measurements and prepare a final statement of the value of all work performed and materials furnished under the terms of the AGREEMENT and shall certify same to CITY, who shall pay to the CONTRACTOR, the balance due the CONTRACTOR under the terms of this Standard Form of Agreement, provided he has fully performed his contractual obligations under the terms of the AGREEMENT; and said payment shall become due in any event upon said performance by the CONTRACTOR. Neither the Certificate of Acceptance nor the final payment, nor any provision in the contract documents, shall relieve the CONTRACTOR of the obligation for fulfillment of any warranty which may be required.

7.10 RESERVED

7.11 NOTICES

Any notices provided under this Standard Form of Agreement shall occur in writing. For purposes of such notice, the addresses of the parties, until changed by written notice, shall be:

CITY’S CONTACT:

CONTRACTOR’S CONTACT:

Name Leanne Robinette Name

Address City of Tyler Address P.O.