Project Manual (3).pdf

CITY OF ITALY, TEXAS

ELLIS COUNTY

DOWNTOWN SIDEWALK REVITALIZATION PROJECT PHASE 2

2023 TxCDBG #CDM23-0117 TDLR Reg. No. TABS2026019976

CONSTRUCTION DOCUMENTS · CONTRACT DOCUMENTS · SPECIFICATIONS

TEXAS REGISTERED ENGINEERING FIRM F-2827

TEXAS PROFESSIONAL LAND SURVEYING FIRM REGISTRATION NO. 10116400

JUNE 2026

Project No. 26008

DOWNTOWN SIDEWALK REVITALIZATION PROJECT PHASE 2

PROJECT NO. 26008

2023 TxCDBG #CDM23-0117 TDLR Reg. No. TABS2026019976

BID DOCUMENTS · CONTRACT DOCUMENTS · SPECIFICATIONS

FREEMAN - MILLICAN, INC.

ENGINEERS - ARCHITECTS - PLANNERS

DALLAS, TEXAS

TEXAS REGISTERED ENGINEERING FIRM F-2827

TEXAS PROFESSIONAL LAND SURVEYING FIRM REGISTRATION NO. 10116400

JUNE 2026

VictorAcuy Seal and Sign

00 01 10 - 1

DOWNTOWN SIDEWALK REVITALIZATION PROJECT PHASE 2

PROJECT MANUAL

FREEMAN - MILLICAN, INC.

ENGINEERS - ARCHITECTS - PLANNERS

DALLAS, TEXAS

TABLE OF CONTENTS

DIVISION 00 BIDDING AND CONTRACTING REQUIREMENTS

00 01 10 Table of Contents 00 20 00 Bidding and Contracting Requirements

▪ Advertisement and Invitation for Bids

▪ Bid Proposal Form

▪ Instructions to Bidders

▪ Statement of Bidders Qualifications

▪ Certification Regarding Lobbying

▪ Bid Bond

▪ Performance Bond

▪ Payment Bond

▪ Maintenance Bond

▪ Notice of Award

▪ Notice to Proceed

▪ Certificate of Insurance

▪ Standard Form of Agreement

▪ General Conditions

▪ Appendix B – Required Contract Provisions

▪ HUD 4010

▪ Minimum Insurance Requirements

▪ Proposed Contract Breakdown

▪ Wage Rates

▪ Conflict of Interest Questionnaire

▪ Disclosure of Lobbying Activities

▪ Contractor’s Local Opportunity Plan

▪ Section 3 Guidelines for Construction Contractors

▪ Policy of Non-Discrimination on the Basis of Disability

▪ Non-Collusion Affidavit

▪ Contractor Certifications

▪ Labor Standards and Prevailing Wage Rate

▪ Debarment/Suspension Certification

▪ Child Support Obligation Certification

▪ Attorney Review Certification

▪ Code of Conduct

00 01 10 - 2

TECHNICAL SPECIFICATIONS

CONTRACTOR IS TO REFER TO THE NORTH TEXAS COUNCIL OF GOVERNMENTS STANDARD

SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION 5TH EDITION (Available from the North Texas Council of Governments).

2024 TxCDBG Project Implementation Manual Appendix F 9/1/2023 1

Construction

Advertisement and Invitation for Bids

The City of Italy will receive bids for 2023 TxCDBG #CDM23-0117 Downtown Sidewalk Revitalization Project - Phase 2 until 1:00 p.m. on June 26th, 2026 at City Hall, 161 West Main Street, P.O. Box 840, Italy, TX 76651. The bids will be publicly opened and read aloud at 1:00 p.m. on June 26th, 2026 at City Hall, 161 West Main Street, P.O. Box 840, Italy, TX

76651.

Bids are invited for several items and quantities of work as follows:

1. Installing 4” sidewalk, ramps, handrail and pavement markings.

2. Installing curb, step, and asphalt pavement transition.

3. Install pavement markings.

4. Support existing utility poles and building awning columns.

5. Removing existing concrete sidewalks and asphalt pavement.

Bid/Contract Documents, including Drawings and Technical Specifications are on file at www.civcastusa.com or may be examined without charge at Italy City Hall, 161 West Main Street, P.O. Box 840, Italy, TX 76651.

Copies of the Bid/Contract Documents may be obtained from Freeman-Millican, Inc. at 9330 Lyndon B. Johnson Freeway, Suite 1225, Dallas, TX 75243 for an non-refundable $150.00 for each set of documents obtained or downloaded from

Civcast at no cost.

A bid bond in the amount of 5 percent of the bid issued by an acceptable surety shall be submitted with each bid [for those contracts that exceed $100,000]. A certified check or bank draft payable to the City of Italy, Texas or negotiable U.S.

Government Bonds (as par value) may be submitted in lieu of the Bid Bond.

Attention is called to the fact that not less than, the federally determined prevailing (Davis-Bacon and Related Acts) wage rate, as issued by the Texas Department of Agriculture Office of Rural Affairs and contained in the contract documents, must be paid on this project. In addition, the successful bidder must ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex, sexual identity, gender identity, or national origin. This project is also subject to the Build America Buy America Act, which requires that all iron, steel, manufactured products, and construction materials used in infrastructure projects, must be produced in the United States.

The City of Italy, Texas reserves the right to reject any or all bids or to waive any informalities in the bidding.

2024 TxCDBG Project Implementation Manual Appendix F 9/1/2023 2

Bids may be held by City of Italy, Texas for a period not to exceed 60 days from the date of the bid opening for the purpose of reviewing the bids and investigating the bidder’s qualifications prior to the contract award.

City of Italy, Texas Bryant Cockran, - Mayor Date:____________________

All contractors/subcontractors that are debarred, suspended or otherwise excluded from or ineligible for participation on federal assistance programs may not undertake any activity in part or in full under this project.

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PROPOSAL FORM

CITY OF ITALY

DOWNTOWN SIDEWALK REVITALIZATION PROJECT – PHASE 2

TO: City of Italy 161 West Main Street, P.O. Box 840, Italy, TX 76651

Pursuant to the foregoing Bidding Requirements and General Requirements, the undersigned Bidder hereby proposes to do all the work and to furnish all necessary superintendence, labor, machinery, equipment, tools and materials, and to complete all work upon which he bids as provided by the attached specifications and shown on the drawings, and binds himself on the accompanying forms, for performing and completing the said work within the required time, and furnish all required guarantees, for the prices to-wit:

BASE BID

ITEM QTY UNIT

S

DESCRIPTION

TOTAL

P.1 P

1 L.S. For furnishing all materials, labor and equipment to perform mobilization and demobilization (including bonds and insurance) for the construction of project, the sum of:

Dollars

Cents

($ ) per lump sum $

P.2 1 L.S. For furnishing all materials, labor and equipment to install Traffic Control per TxDOT Standards, including signage, barricades, flagmen and all appurtenances, complete in place, the sum of:

Dollars

Cents

($ ) per lump sum $

P.3 1 L.S For furnishing all materials, labor and equipment to install 4” thick reinforced concrete sidewalk with steps, curb and gutter, header, handrails, and transition to asphalt pavement per detail 1/C2.4 of the plans, complete in place, the sum of:

Dollars

Cents

($ ) per lump sum $

00 42 00 - 2

ITEM QTY UNIT

P.4 1 L.S For furnishing all materials, labor and equipment to remove existing sidewalk and install 4” thick reinforced concrete sidewalk with steps, curb and gutter, header, handrails, transition to asphalt pavement, and brace utility pole per detail 2/C2.4 of the plans, complete in place, the sum of:

Dollars

Cents

($ ) per lump sum $

P.5 1 L.S For furnishing all materials, labor and equipment to remove existing sidewalk and install 4” thick reinforced concrete sidewalk and ramp with steps, curb and gutter, header, handrails, transition to asphalt pavement, and detectable warning pad per detail 3/C2.4 of the plans, complete in place, the sum of:

Dollars

Cents

($ ) per lump sum $

P.6 1 L.S For furnishing all materials, labor and equipment to remove existing sidewalk and install 4” thick reinforced concrete sidewalk and ramp with steps, curb and gutter, header, handrails, transition to asphalt pavement, detectable warning pad, and adjust water valve caps per detail 4/C2.4 of the plans, complete in place, the sum of:

Dollars

Cents

($ ) per lump sum $

P.7 1 L.S For furnishing all materials, labor and equipment to remove existing sidewalk and install 4” thick reinforced concrete sidewalk and ramp with steps, curb and gutter, header, handrails, transition to asphalt pavement, detectable warning pad, brace utility pole, temporarily remove, and reinstall street sign per detail 5/C2.4 of the plans, complete in place, the sum of:

Dollars

00 42 00 - 3

P.8 1 L.S For furnishing all materials, labor and equipment to remove existing sidewalk and install 4” thick reinforced concrete sidewalk and ramp with steps, curb and gutter, header, handrails, transition to asphalt pavement, detectable warning pad, brace utility pole, and temporarily remove and reinstall street sign per detail 6/C2.4 of the plans, complete in place, the sum of:

Dollars

Cents

($ ) per lump sum $

P.9 1 L.S For furnishing all materials, labor and equipment to remove existing sidewalk and install 4” thick reinforced concrete sidewalk and ramp with steps, curb and gutter, header, transition to asphalt pavement, detectable warning pad per detail 7/C2.4 of the plans, complete in place, the sum of:

Dollars

Cents

($ ) per lump sum $

P.10 1 L.S. For furnishing all materials, labor and equipment to remove existing pavement stripping, complete in place, the sum of:

Dollars

Cents

($ ) per lump sum $

P.11 4 EA For furnishing all materials, labor and equipment to install temporary canopy support systems, complete in place, the sum of:

Dollars

($ ) per Lump Sum $

00 42 00 - 4

P.12 1 LS For furnishing all materials, labor and equipment to install handicap parking pavement markings per detail shown in plans, complete in place, the sum of:

Dollars

Cents

($ ) per linear foot $

P.13 2 EA For furnishing all materials, labor and equipment to install handicap parking sign, complete in place, the sum of:

Dollars

Cents

($ ) per Each $

P.14 1 L.S. For furnishing all materials, labor, and equipment to revegetate disturbed areas, complete in place, the sum of:

Dollars

TOTAL AMOUNT OF BASE BID

(Bid Items P.1 – P.14) $

ADDITIVE ALTERNATE BID - SECTION 1

ITEM QT

Y

UNITS DESCRIPTION

A1 P.1 279 L.F. For furnishing all materials, labor and equipment to remove existing 9’ wide concrete sidewalk, curb, and gutter, complete in place, the sum of:

($ ) per sq. yd $

00 42 00 - 5

A1 P.2 62 S.Y. For furnishing all materials, labor and equipment to remove existing asphalt pavement, complete in place, the sum of:

A1 P.3 1 L.S. For furnishing all materials, labor and equipment to remove existing pavement markings, complete in

A1 P.4 20 EA For furnishing all materials, labor and equipment to install temporary canopy support systems, complete in place, the sum of:

A1 P.5 310 S.Y. For furnishing all materials, labor and equipment to install 4” thick reinforced concrete sidewalk

00 42 00 - 6

A1 P.6 65 L.F. For furnishing all materials, labor and equipment to install step Type 1, curb, gutter, header, and asphalt transition, complete in place, the sum of:

($ ) per linear feet $

A1 P.7 173 L.F. For furnishing all materials, labor and equipment to install step Type 2, curb, gutter, header, and

TOTAL AMOUNT OF ADDITIVE ALTERNATE 1 BID

(Bid Items A1 P.1 – A1 P.7) $

ADDITIVE ALTERNATE BID - SECTION 2A

ITEM QTY UNITS DESCRIPTION

A2A P.1 109 L.F. For furnishing all materials, labor and equipment to remove existing 9’ wide concrete sidewalk, curb, and gutter, complete in place, the sum of:

A2A P.2 24 S.Y. For furnishing all materials, labor and equipment to remove existing asphalt pavement, complete in

00 42 00 - 7

A2A P.3 1 L.S. For furnishing all materials, labor and equipment to install pavement markings per detail 1/C3.1, A2A P.4 9 EA For furnishing all materials, labor and equipment to install temporary canopy support systems, A2A P.5 122 S.Y. For furnishing all materials, labor and equipment to install 4” thick reinforced concrete sidewalk

A2A P.6 109 L.F. For furnishing all materials, labor and equipment to install step Type 2, curb, gutter, header, and

TOTAL AMOUNT OF ADDITIVE ALTERNATE 2A

BID

(Bid Items A2A P.1 – A2A P.6) $

00 42 00 - 8

ADDITIVE ALTERNATE BID - SECTION 2B

A2B P.1 51 L.F. For furnishing all materials, labor and equipment to remove existing 9’ wide concrete sidewalk, curb, and gutter, complete in place, the sum of:

Dollars

Cents

($ ) per sq. yd $

A2B P.2 10 S.Y. For furnishing all materials, labor and equipment to remove existing asphalt pavement, complete in place, the sum of:

Dollars

Cents

($ ) per sq. yd $

A2B P.3 71 S.Y. For furnishing all materials, labor and equipment to install 4” thick reinforced concrete sidewalk complete in place, the sum of:

Dollars

Cents

($ ) per sq. yd $

A2B P.4 51 L.F. For furnishing all materials, labor and equipment to install step Type 1, curb, gutter, header, and asphalt transition, complete in place, the sum of:

Dollars

TOTAL AMOUNT OF ADDITIVE ALTERNATE 2B BID

(Bid Items A2B P.1 – A2B P.4) $

NOTE: Bid items show in gray in the proposal form shall conform with Buy America, Build America (BABA) requirements.

A400 BABA Compliance Form: The A400 form is provided for Buy America, Build America documentation purposes. Bidders are not required to complete the material breakdown table at the time of bid unless specifically requested by the Owner. By submitting a bid, the Bidder acknowledges that all applicable construction materials incorporated into the Project shall comply with BABA requirements. The awarded Contractor shall submit a completed A400 form, including material descriptions, related bid item numbers, quantities, costs, and manufacturer certifications, prior to the first pay application or prior to installation of applicable materials, whichever occurs first. Updated A400 forms and supporting certifications shall be

00 42 00 - 9 submitted with pay applications as required to document compliance. Failure to submit required BABA documentation may delay approval of payment for affected materials.

The undersigned bidder hereby declares that he has visited the site of the work and has carefully examined the Contract Documents pertaining to the work covered by the above bid, and he further agrees to commence work within ten

(10) days after the date of the work order. The Bidder shall state below the number of consecutive calendar days after the date of the work order required to substantially complete the Base Bid and each Additive Alternate, if awarded:

Base Bid Days

Additive Alternate 1 Days

Additive Alternate 2A Days

Additive Alternate 2B Days

Total Contract Time if Base Bid + Additive Alternates 1, 2A, and 2B are Awarded

Days

In accordance with Sections 151.309 and 151.311 of the Texas Tax Code, the cost of materials to be used in this project which are exempt from the payment of state sales tax is:

The contract time for the awarded work shall be the number of calendar days stated for the Base Bid plus the additional calendar days stated for each Additive Alternate awarded by the Owner, unless otherwise stated by the Bidder and accepted by the Owner.

The undersigned bidder understands and agrees that all work not provided for in the above proposal items but called for in the Contract Documents is subsidiary to these proposal items and that the cost of this subsidiary work has been included in the above prices.

Enclosed with this proposal is a certified check in the amount of:

dollars ( $ ) , Or a proposal bond in the amount of:

dollars ( $ ) , which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this proposal is accepted by the Owner within sixty (60) days after the bids are received and the undersigned fails to execute the contract required bond for the Owner within ten (10) days after date said proposal is accepted. Otherwise, said check or bond will be returned to the undersigned.

The project includes a Base Bid and Additive Alternates. The Owner has limited available construction funds and intends to award the Base Bid plus Additive Alternates, in the order listed, up to the available award budget. For purposes of award, the Owner’s anticipated maximum initial construction contract amount is $90,000, with the remaining funds reserved for contingency and approved change orders.

The Bidder shall provide prices for all Base Bid items and all Additive Alternates. Failure to provide prices for all required bid items may render the bid nonresponsive. The Owner reserves the right to award the Base Bid only, or the Base Bid plus one or more Additive Alternates, in the order listed on the Bid Form, as funds allow.

The low bidder will be determined based on the lowest responsive and responsible bid for the Base Bid plus the combination of Additive Alternates selected in the order listed and within the Owner’s available

00 42 00 - 10 award budget. Unit prices shall be used for payment and for adjustment of quantities within the awarded scope but shall not be used to materially alter the scope of work after bid opening.

Addenda Received:

Bidder:

(Company)

By:

Office Held:

(Company Officer)

Address:

City:

County:

State: Zip:

Phone:

Grant Agreement #: CDM23-0117 Material Total:

Grantee Name: CITY OF ITALY BABA Total:

De minimus Total:

Material Description Related Bid Item

Material

Unit of

Measure

Material

Qty.

Material Unit Cost Material Sub Total

% of total BABA

Applicable Materials

(used for De Minimis)

Mfg's Certification

Included?

1 Reinforcing steel / rebar for sidewalk, curb, gutter, steps, headers P.3–P.9 -$ #DIV/0! Attached

2 Reinforcing steel / rebar for sidewalk, curb, gutter, steps, headers A1 P.5–P.7 -$ #DIV/0! Not BABA Applicable

3 Reinforcing steel / rebar for sidewalk, curb, gutter, steps, headers A2A P.5–P.6 -$ #DIV/0! Attached

4 Reinforcing steel / rebar for sidewalk, curb, gutter, steps, headers A2B P.3–P.4 -$ #DIV/0! No, 5%

5 Concrete for sidewalk, curb, gutter, steps, headers P.3–P.9 -$ #DIV/0! Submitted

6 Handrails / metal rail components A1 P.5–P.7 -$ #DIV/0!

7 Detectable warning pads A2A P.5–P.6 -$ #DIV/0!

8 Handicap parking signs and posts A2B P.3–P.4 -$ #DIV/0!

9 Handrails / metal rail components P.3–P.8 -$ #DIV/0!

10 Detectable warning pads P.5–P.9 -$ #DIV/0!

11 Handicap parking signs and posts P.13 -$ #DIV/0!

12 Pavement marking material P.12, A2A P.3 -$ #DIV/0!

13 Asphalt transition material P.3–P.9 -$ #DIV/0!

14 Asphalt transition material A1 P.6–P.7 -$ #DIV/0!

15 Asphalt transition material A2A P.6 -$ #DIV/0!

16 Asphalt transition material A2B P.4 -$ #DIV/0!

17 Temporary canopy support system materials P.11 -$ #DIV/0!

18 Temporary canopy support system materials A1 P.4 -$ #DIV/0!

19 Temporary canopy support system materials A2A P.4 -$ #DIV/0!

20 Water valve adjustment materials, if new components are used P.6 -$ #DIV/0!

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Payment Request#:

A400BABA Compliance Form

Effective 10.17.2024

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Materials TOTAL: -$ BABA Total:

INSTRUCTION TO BIDDERS

FOR CONSTRUCTION

1. Use of Separate Bid Forms

These contract documents include a complete set of bid and contract forms which are for the convenience of the bidders and are not to be detached from the contract document, completed or executed. Separate bid forms are provided for your use.

2. Interpretations or Addenda

No oral interpretations will be made to any bidder. Each request for clarification shall be made in writing to the Grant Recipient or engineer no less than seven (7) days prior to the bid opening. Each interpretation made will be in the form of an Addendum to the contract documents and will be distributed to all parties holding contract documents no less than seven (7) days prior to the bid opening. It is, however, the bidder's responsibility to make inquiry as to any addenda issued. All such addenda shall become part of the contract documents and all bidders shall be bound by such addenda, whether or not received by the bidders.

If an addendum to the bid package is necessary, it must be distributed to each potential bidder. The distribution of an addendum shall be verified either by statements of receipt or registered/certified mail receipts, which shall be included in the public works construction file. The addendum shall allow adequate time for consideration in bid preparation (usually at least one week). If adequate time is not available, the bid opening date must be extended and the Grant Recipient must republish the invitation for bids containing the place, time, and date for the new bid opening. Note that any change to the original bid opening date will require republication of the invitation for bids at least once in a locally published newspaper. The republished notice will include the place, time and date for the new bid opening and must be published at least seven days prior to the new bid opening date.

3. Inspection of Site

Each bidder should visit the site of the proposed work and should become acquainted with the existing conditions and facilities, the difficulties and restrictions pertaining to the performance of the contract. The bidder should thoroughly examine and become familiar with the drawings, technical specifications and all other contract documents. The contractor by the execution of the contract shall in no way be relieved of any obligation under it due to failure to receive or examine any form or legal document or to visit the site or the conditions existing at the site. The City/ County will be justified in rejecting any claim based on lack of inspection of the site prior to the bid.

4. Alternate bid items

No alternate bids or bid items will be considered unless they are specifically requested by the technical specifications.

5. Bids

a. All bids must be submitted on the forms provided and are subject to all requirements of the Contract Documents, including the Drawings.

b. All bids must be regular in every respect and no interlineation, excisions or special conditions may be made or included by the bidder.

c. Bid documents, including but not limited to the bid, the bid bond(s), the contractor’s certifications, local opportunity plan, and the statement of the bidder’s qualifications, shall be sealed in an envelope and clearly labeled with the words "Bid Documents”, the project number, name of bidder and the date and time of bid opening.

d. The City / County may consider as irregular any bid on which there is an alteration of or departure from the bid form and, at its option, may reject any irregular bid.

e. If a contract is awarded, it will be awarded to a responsible bidder on the basis of the lowest/best bid and the selected alternate bid items, if any. The contract will require the completion of the work in accordance with the contract documents.

6. Bid Modifications Prior to Bid Opening

a. Any bidder may modify its bid by submitting a modification or supplemental bid at any time prior to the scheduled closing time for receipt of bids, provided such modification or supplemental bid is received by the locality prior to the closing time. The modification or supplemental bid should not reveal the original bid price but should provide only the addition, subtractions or other modifications to the original bid so that the final prices or terms will not be known by the locality until the sealed bid is open.

7. Bid Bond

a. A bid bond in the amount of 5% of the bid issued by an acceptable surety shall be submitted with each bid [for contracts greater than $100, 000,]. A certified check or bank draft payable to the locality or negotiable U.S. Government Bonds (as par value) may be submitted in lieu of the Bid Bond.

b. The bid bond or its comparable will be returned to the bidder as soon as practical after the opening of the bids.

8. Statement of Bidders Qualifications

Each bidder shall submit on the form furnished for that purpose a statement of the bidder's qualifications. The Grant Recipient shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform its obligations under the contract, and the bidder shall furnish the Grant Recipient all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available data does not satisfy the Grant Recipient that the bidder is qualified to carry out properly the terms of the contract.

9. Unit Price

The unit price for each of the several items in the bid shall include its pro rata share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the total bid. Any bid not conforming to this requirement may be rejected as informal. Special attention is drawn to this condition, as the unit prices will be used to determine the total bid price and the amount of any change orders resulting from an increase or decrease in quantities.

10. Corrections

Erasures or other corrections in the bid must be noted over the signature of the bidder.

11. Time for Receiving Bids

Bids received prior to the advertised hour of opening shall be kept securely sealed. The officer appointed to open the bids shall decide when the specified time has arrived and no bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening, but before the reading of all other bids is completed, 2024 TxCDBG Project Implementation Manual Appendix F 9/1/2023 3 and it is shown to the satisfaction of the Grant Recipient that the late arrival of the bid was solely due to delay in the mail for which the bidder was not responsible, such bid will be received and considered.

12. Opening of Bids

The City/County shall, at the time and place fixed for the opening of bids, open each bid and publicly read it aloud, irrespective of any irregularities therein. Bidders and other interested individuals may be present.

13. Withdrawal of Bids

Bidder may withdraw the bid before the time fixed for the opening of bids, by communicating its purpose in writing to the Grant Recipient. Upon receipt of such notice, the unopened bid will be returned to the bidder. The bid guaranty of any bidder withdrawing his bid will be returned promptly.

14. Award of Contract/Rejection of Bids

a. The contract will be awarded to the responsive, responsible Bidder submitting the lowest/best bid and the best value to the City. The bidder selected will be notified at the earliest possible date. The locality reserves the right to reject any or all bids and to waive any informality in bids received where such rejection or waiver is in its interest.

b. The Grant Recipient reserves the right to consider as unqualified to do the work any bidder who does not habitually perform with his own forces the major portions of the work involved in construction of the improvements embraced in this contract.

15. Execution of Agreement/Performance and Payment Bonds

a. Performance Bonds - Requires all prime contractors which enter into a formal contract in excess of $100,000 with the State, a county, or a municipality; a department, board, or agency of the state, a county, or a municipality; and a school district or a subdivision thereof, to obtain a Performance Bond in the amount of the contract before commencing with work

b. Payment Bonds- Requires all prime contractors which enter into a formal contract with the State, a county, or a municipality; a department, board, or agency of the state, a county, or a municipality;

and a school district or a subdivision thereof, to furnish to the governmental entity a payment bond in the amount of the contract. The payment bond must be filed within 30 days from the date of the Notice of Award:

o Municipalities: If the contract is in excess of $50,000, a payment bond is required.

o Counties: If the contract is in excess of $25,000, a payment bond is required.

c. The failure of the successful bidder to execute the agreement and supply the required bonds within thirty (30) days from the date of the notice of award-or within such extended period as the locality may grant, shall constitute a default and the locality may, at its option, either award the contract to the next lowest responsible bidder, or re-advertise for bids. In either case, the locality may charge against the bidder the difference between the amount of the bid, and the amount for which a contract is subsequently executed irrespective of whether this difference exceeds the amount of the bid bond. If a more favorable bid is received through re-advertisement, the defaulting bidder shall have no claim against the locality for a refund.

16. Wages and Salaries

2024 TxCDBG Project Implementation Manual Appendix F 9/1/2023 4

Attention is particularly called to the requirement of paying not less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions.

17. Equal Employment Opportunity

Attention is called to the requirements for ensuring that employees and applicants for employment are not discriminated against because of race, color, religion, sex, sexual identity, gender identity, or national origin, and other civil rights requirements.

18. Certification Regarding Lobbying –

Contractors who apply or bid for an award of $100,000 or more shall provide the required certification that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer of employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining anh Federal contract, grant or any other award covered by 31 USC § 1352.

STATEMENT OF BIDDER'S QUALIFICATIONS

All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information it desires.

Date: ________________________________

Bidder (Legal Name of Firm):

Date Organized:

Address :

Date Incorporated

Federal ID Number: ____________________________

Number of Years in contracting business under present name

List all other names under which your business has operated in the last 10 years:

Work Presently Under Contract:

Contract Amount $ Completion Date

Type of work performed by your company:

Total Staff employed by Firm (Break down by Managers and Trades on separate sheet):

Have you ever failed to complete any work awarded to you?� Yes � No (If yes, please attach summary of details on a separate sheet. Include brief explanation of cause and resolution)

Have you ever defaulted on a contract?� Yes � No (If yes, please attach summary of details on a separate sheet.)

Has your organization had any disbarments or suspensions that have been imposed in the past five years or that was still in effect during the five year period or is still in effect? � Yes � No

(If yes, list and explain; such list must include disbarments and suspensions of officers, principals, partners, members, and employees of your organization.)

List the projects most recently completed by your firm (include project of similar importance):

Project Amount $ Mo/Yr Completed

Major equipment available for this contract:

Are you in compliance with all applicable EEO requirements? � Yes � No (If no, please attach summary of details on a separate sheet.))

Bank References

Address: __________________________________ Contact Name: _______________

City & State: _____________________Zip: ____________________Phone Number: _______________

Credit available: $

Has the firm or predecessor firm been involved in a bankruptcy or reorganization? � Yes � No (If yes, please attach summary of details on a separate sheet.)

List on a sheet attached hereto all judgements, claims, arbitration proceedings, or suits pending or outstanding against bidder over the last five (5) years with amount of claim and brief description.

List on a sheet attached hereto all lawsuits or requested arbitration with regard to construction contracts which bidder has initiated within the last five (5) years and brief explanation of claim and outcome.

Attach resume(s) for the principal member(s) of your organization, including the officers as well as the proposed superintendent for the project.

Signed this ______ day of _______________________, 20____.

Signature

Printed Name and Title

Company Name

Notary Statement:

______________________________, being duly sworn, says that he/she is the _________Position/Title____________of________________________ (Firm Name), and hereby swears that the answers to the foregoing questions and all statements therein contained are true and correct. He/she hereby authorizes and requests any person, firm, or corporation to furnish any information requested City/County of _____________________ in verification of the recitals comprising this Statement of Bidder's Qualifications.

Subscribed and sworn before me this _________day of __________, 20____.

Notary Public

Signature

Printed Name

My Commission Expires: _______________, The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001.

Certification Regarding Lobbying

(To be submitted with each bid or offer exceeding $100,000)

The undersigned certifies, to the best of his or her knowledge and belief, that:

(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(c) The undersigned shall require that the language paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995).

The Contractor, ___________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C.

§ 3801 et seq., apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official

Printed Name and Title of Contractor’s Authorized Official

Date

BONDING FORMS

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, as PRINCIPAL, and , as SURETY are held and firmly bound unto

(City/County) hereinafter called the "Local Public Agency”, in the penal sum of

Dollars, ($ ), lawful money of the

United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the

Accompanying Bid, dated , for

NOW, THEREFORE, the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or, if no period be specified, within thirty (30) days after the said opening, and shall within the period specified therefor, or if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Local Public Agency in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the Local Public Agency the difference between the amount specified in said Bid and the amount for which the local Public Agency may procure the required work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS THEREOF, the above parties have executed this instrument this day of , the name and corporate seal of each corporate party being hereto affixed and these present signed by its undersigned representative, pursuant to authority of its governing body.

(SEAL)

Attest: By:

Affix Corporate

Seal

Affix

Countersigned

By

* Attorney-in-Fact, State of Texas

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, , certify that I am the Secretary of the Corporation named as Principal in the bid bond;

that , who signed the said bond on behalf of the Principal was then of said corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed, and attested to, on behalf of said corporation by authority of its governing body.

Title:

* Power-of-attorney for person signing for Surety Company must be attached to bond.

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS that:

(Name of Contractor or Company)

(Address) a hereinafter called Principal, and

(Name of Surety Company) hereinafter called Surety, are held and firmly bound unto

(Name of Grant Recipient)

(Grant Recipient's Address) hereinafter called OWNER, in the penal sum of $

Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, successors, and assigns, jointly and severally, firmly in these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the

OWNER dated the day of , a copy of which is hereto attached and made a part hereof for the construction of:

NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties in all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect.

PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS 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 or to the SPECIFICATIONS.

PROVIDED, FURTHER, that no final settlement between the OWNER and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of .

ATTEST:

(Principal)

By (s) (Principal Secretary)

(Witness as to Principal) (Address)

(Surety)

(Witness as to Surety) (Attorney in Fact)

(Address) (Address)

NOTE: Date of BOND must not be prior to date of Contract. If PRINCIPAL/CONTRACTOR is Partnership, all partners should execute BOND.

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS that:

(Name of Contractor or Company) a , hereinafter called Principal, (Corporation / Partnership) and (Name of Surety Company) hereinafter called Surety, are held and firmly bound unto

(Name of Recipient)

(Recipient's Address) hereinafter called OWNER, in the penal sum of $

Dollars, $ in lawful money of the United States, for this payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONFIDENTIALITY OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , a copy of which is hereto attached and made a part hereof for the construction of:

2024-25 TxCDBG DOWNTOWN SIDEWALK REVITALIZATION PROJECT – PHASE 2 (Project Name)

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUB-CONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUB-CONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS 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 or to the SPECIFICATIONS.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in ______________ counter-parts, each on of (Number) which shall be deemed an original, this the day of .

ATTEST:

(Principal)

By (s) (Principal Secretary)

(Witness as to Principal) (Address)

(Surety)

(Witness as to Surety (Attorney in Fact)

(Address) (Address)

NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND.

MAINTENANCE BOND

HERE

NOTICE OF AWARD

NOTICE OF AWARD

Dated

To:

(BIDDER)

Project: City of Italy Downtown Sidewalk Revitalization Project – Phase 2

Owner’s Contract No. TxCDBG #CDM23-0117

Contract for City of Italy, Downtown Sidewalk Revitalization Project - Phase 2 (TxCDBG #CDM23-0117)

(Insert name of Contract as it appears in the Bidding Documents)

You are notified that your BID dated , 2025 for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a contract for

City of Italy, Downtown Sidewalk Revitalization Project – Phase 2 (TxCDBG #CDM23-0117)

(Indicate total Work, alternates or sections of Work awarded)

The Contract Price of your contract is Dollars ($ ).

(Insert appropriate data in re Unit Prices. Change language for Cost-Plus contracts).

1 Copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award.

_2__ Sets of the Drawings will be delivered separately or otherwise made available to you immediately.

You must comply with the following conditions precedent within fifteen days of the date of this Notice of Award, that is by: , 2026.

1. You must deliver to the OWNER ___3__ fully executed counterparts of the Agreement including all the Contract

Documents.

2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to

Bidders (Page ), General Conditions (Page ), Supplementary Conditions (Page ), and TCDP Requirements (Page ).

3. (List other conditions precedents).

Failure to comply with these conditions within the time specified will entitle OWNER to consider you bid in default, to annul this Notice of Award and to declare your Bid Security forfeited.

Within ten days after you comply with the above conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached.

(OWNER)

(AUTHORIZED SIGNATURE)

(TITLE)

ACCEPTANCE OF AWARD

(CONTRACTOR)

(DATE)

Copy to ENGINEER (UseCertified Mail, Return Receipt Requested)

NOTICE TO PROCEED

NOTICE TO PROCEED

Dated

To:

Project: City of Italy, Downtown Sidewalk Revitalization Project – Phase 2

Owner’s Contract No. (TxCDBG #CDM23-0117)

Contract for City of Italy, Downtown Sidewalk Revitalization Project – Phase 2 (TxCDBG #CDM23-0117)

(Insert name of Contract as it appears in the Bidding Documents)

You are notified that the Contract Times under the above contract will commence to run on . By that date, you are to start performing your obligations under the Contract Documents. In accordance with this Agreement the dates of Substantial Completion and completion and readiness for final payment are and .

Before you may start any Work at the site, You must deliver to the Owner (with copies to ENGINEER and other identified additional insureds) certificates of insurance which You are required to purchase and maintain in accordance with the Contract Documents.

Also before you may start any Work at the site, you must (add other requirements)

� Perform utility location where needed.

City of Italy

(OWNER)

Mayor

ACCEPTANCE OF NOTICE

(DATE)

Copy to ENGINEER (UseCertified Mail, Return Receipt Requested)

THIS PAGE INTENTIONALLY LEFT BLANK

Upon award of the contract, this page will be replaced by certificates of insurance provided by the successful bidder as required by the Contract Documents.

CONSTRUCTION CONTRACT

THIS AGREEMENT made this the __________ day of ___________________, ______, by and between

____________________________ (a corporation organized and existing under the laws of the State of _____________)

(a partnership consisting of _______________) (an individual trading as _______________________) hereinafter called the “Contractor”, and _City of Italy hereinafter called the “City/County.”

WITNESSETH, that the Contractor and the City/County for the considerations stated herein mutually agree as follows:

ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment and services, including utility and transportation services, and perform and complete all work required for the construction of the Improvements embraced in the Project; namely, Downtown Sidewalk Revitalization Project - Phase 2 for the _2024-25_ Texas Community Development Block Grant (TxCDBG) project, all in strict accordance with the contract documents including all addenda thereto, numbered __________________, dated ___________ and _________, all as prepared by __ Freeman Millican, Inc.__ acting and in these contract documents preparation, referred to as the “Engineer”.

ARTICLE 2. The Contract Price. The City/County will pay the Contractor for the performance of the Contract in current funds, for the total quantities of work performed at the unit prices stipulated in the Bid for the several respective items of work completed subject to additions and deductions as provided in______________________________ hereof.

ARTICLE 3. The Contract. The executed contract documents shall consist of the following components:

a. This Agreement (pgs. 1-3) f.