COUNTY OF SMITH, TEXAS

SPECIFICATIONS, CONTRACT DOCUMENTS AND PLANS

FOR

EMERGENCY MANAGEMENT

DEBRIS CLEAN UP

TO

LOCATIONS WITHIN SMITH COUNTY

BID NUMBER RB-32-26

September 2026

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SEALED BID DO NOT OPEN

EMERGENCY

MANAGEMENT DEBRIS

CLEAN UP

BID NUMBER RB-32-26

BID DUE DATE: October 7, 2026 @ 2:00 P.M. CT

For Information Contact:

SMITH COUNTY PURCHASING DEPARTMENT

(903) 590-4720 purchasing@smith-county.com

INVITATION TO BID (ITB) -LABEL

Cut along the outer border and affix this label to your sealed bid envelope to identify it as a “Sealed Bid”. Be sure to include the name of the company submitting the Bid.

Company Name:

Contact Name:

Telephone Number:

mailto:purchasing@smith-county.com

SMITH COUNTY

REQUEST FOR PROPOSAL COVER SHEET

The REQUEST FOR PROPOSAL (RFP) and accompanying documents is for your convenience in submitting an offer for the referenced products and/or services for SMITH COUNTY.

EMERGENCY MANAGEMENT DEBRIS

CLEANUP

Sealed Hard Copy or Electronic offers shall be received no later than:

October 7, 2026, 2:00 P.M. CST

IF SUBMITTING AN ELECTRONIC SEALED OFFER:

PREFERRED METHOD IS USING THE “BONFIRE” ELECTRONIC BIDDING PLATFORM.

USE LINK, https://smithcounty.bonfirehub.com/portal/?tab=openOpportunities

CLICK THE HELP BUTTON PROVIDED IN THE BONFIRE WEBSITE AS NEEDED.

IF SUBMITTING A HARD COPY SEALED OFFER:

THE PHYSICAL ADDRESS FOR COURIERS, HAND DELIVERIES AND THE US POSTAL SERVICE IS:

JAYE LATCH, CPPO, CPPB

PURCHASING DIRECTOR

SMITH COUNTY

200 E. FERGUSON, SUITE 414

TYLER, TEXAS 75702

PLEASE USE THE RETURN LABEL PROVIDED WITH THIS SOLICITATION:

Bids received in the Smith County Purchasing Office after the submission deadline will be considered void and unacceptable. Smith County is not responsible for lateness or non-delivery of mail, carrier, etc., and the date/time stamp in the Purchasing Office will be the official time of receipt.

Any prospective respondent desiring any explanation or interpretation of the solicitation must make a written request to the following email address: purchasing@smith-county.com or through the Bonfire Portal. Correspondence must be received by the Purchasing Department by the published deadline for questions. Any interpretations, corrections or changes to this solicitation will be made by addenda. Sole issuing authority of addenda shall be vested in Smith County Purchasing. Addenda can be found on the Smith County website www.smith-county.com, click on the Government tab and select the Purchasing Department, and click on “Vendor Registration & Current Bidding Opportunities”, Addenda can also be obtained by calling Smith County Purchasing office at 903-590-4720. It is the Respondent’s responsibility to verify the issuance of Addenda regarding this Offer.

Smith County reserves the right to accept or reject any or all bids/offers as it deems in its best interest and to waive any informalities.

All required Offer documents shown on the Table of Contents, including any Addenda Receipt Forms which may have been issued, must be submitted in the Bonfire electronic bidding platform or a sealed envelope included in a hard copy submittal, marked with the proposer’s company name, the Offer name, number and due date.

http://www.smith-county.com/

EMERGENCY MANAGEMENT

DEBRIS CLEAN UP

TO

LOCATIONS WITHIN SMITH COUNTY

BID NUMBER RB-32-26

TABLE OF CONTENTS

NOTICE TO BIDDERS

PROPOSAL AND BID SCHEDULE

CONTRACT AGREEMENT

PERFORMANCE BOND

PAYMENT BOND

INSURANCE CERTIFICATES

GENERAL CONDITIONS OF THE AGREEMENT

SPECIAL CONDITIONS

GOVERNING TECHNICAL SPECIFICATIONS

PROJECT EXHIBITS & PLANS

BID FORMS

THESE DOCUMENTS ARE FINAL AND

ARE FOR CONSTRUCTION, BIDDING, AND

PERMIT PURPOSES.

Date:

INVITATION TO BID (ITB)

EMERGENCY MANAGEMENT DEBRIS CLEAN UP

TO

LOCATIONS WITHIN SMITH COUNTY BID

NUMBER RB-32-26

INSTRUCTION TO BIDDERS

Sealed bids will be received in the office of the Smith County Purchasing Department, 200 E. Ferguson, Room 414, Tyler, Texas 75702 2:00 P.M., WEDNESDAY, October 7, 2026 then publicly opened and read for furnishing all necessary materials, machinery, equipment, superintendence, and labor for the

EMERGENCY MANAGEMENT DEBRIS CLEAN UP (LOCATIONS WITHIN SMITH

COUNTY) for Smith County, Texas. Late bids will not be accepted. No facsimile or Electronic (Email) bids will be accepted.

Engineer’s Estimate of Probable Cost (EOPC) = $ 2,000,000 for current activation event

Bidders must submit Bid Bond issued by a bonding company satisfactory to Smith County, payable without recourse to the order of Smith County in an amount not less than five percent (5%) of the largest possible bid submitted as a guaranty that Bidder will enter into contract and execute Bond and Guaranty in the forms provided within ten (10) days after Notice of Award of Contract to him. Bids without bid bond will not be considered.

The successful bidder must furnish Performance Bond and Payment Bond in the amount of one hundred percent (100%) of the total contract price from a Surety Company holding a permit from the State of Texas to act as Surety. Should the total contract price be less than $25,000.00, no performance bond or payment bond will be required.

All lump sum and unit prices must be stated in both script and figures on the FORMS PROVIDED.

All other forms and signatures are required. Bids not containing the required certification and/or authorized signature may be rejected.

Smith County reserves the right to reject any or all bids and to waive formalities. In case of ambiguity or lack of clearness in stating prices in the bids, Smith County reserves the right to consider the most advantageous construction thereof, or to reject the bid. Unreasonable (or “unbalanced”) unit prices will authorize Smith County to reject any bid.

Pursuant to LGC 262.027, Smith County intends to award a contract to the responsive, responsible Bidder who submits the lowest and best bid. In addition, Smith County is not obligated to award a contract from this bid process. When determining the responsible bidder, Smith County reserves the right to consider past performance of the bidder and to reject any bid for due to past performance. Smith County also reserves the right to reject and/or disqualify a bidder who is an interested party in any litigation with the County. Bidders are expected to inspect the site of work and to inform themselves regarding all local conditions.

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NTB-1

Contract Documents, Instructions to Bidders, Proposal Forms, Plans and Specifications are on file and copies may be viewed at the Smith County Purchasing Department, 200 E. Ferguson, Room 414, Tyler, Texas 75702.

NOTE: The Time-Date Stamp Clock located in the Smith County Purchasing Office will serve as the OFFICIAL CLOCK for the purpose of verifying the date and time of receipt of the bid packet. Late bids will not be accepted.

When sent mail, Federal Express, Express Mail, or other delivery services, the sealed bid shall be enclosed in an additional envelope clearly identified on the outside as “Response to Invitation to Bid” with bidder’s name, address, BID name, and BID date and time. It is the sole responsibility of the Bidder to ensure timely delivery of bid. Smith County will not be responsible for failure of delivery service on the part of the U.S. Postal Service, courier services, or any form of delivery services chosen by the bidder. A label is included in this bid packet for your convenience. You may contact the Smith County Purchasing Office a t (903) 590-4720 to verify receipt of your response.

QUESTIONS & ADDENDA

Bidders desiring further information or interpretation of the forms and specifications must request such information in writing from the PURCHASING DEPARTMENT via email by 5:00 p.m. September 28, 2026 at purchasing@smith-county.com . Answers to all such requests will be given in writing via addendum form and all addenda will be bound with and made a part of the bid document and contract documents. All addendums will be posted on publicpurchase.com. In addition, bidders may contact the purchasing department at 903-590-4720 to verify issuance of addenda. No other explanation or interpretation will be considered official or binding. It is the Contractor’s responsibility to ensure that they have all issued addenda.

FEMA SUPER CIRCULAR 2CRF Chapter II, Part 200 et al

Compliance with FEMA Super Circular “2 CFR Chapter 2, Part 200 et al.” is required.

Links to the FEMA Super Circular are listed below:

http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl https://www.gpo.gov/fdsys/pkg/FR-2013-12-26/pdf/2013-30465.pdf mailto:purchasing@smith-county.com mailto:purchasing@smith-county.com http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl http://www.gpo.gov/fdsys/pkg/FR-2013-12-26/pdf/2013-30465.pdf

EMERGENCY DEBRIS REMOVAL PD-1

EMERGENCY MANAGEMENT DEBRIS CLEAN UP

TO

LOCATIONS WITHIN SMITH COUNTY

RB-32-26

PROJECT DESCRIPTION

This project shall consist of the following work items and/or categories. This description may not include all the work items that are required for this project, whether the items are paid or subsidiary to pertinent items. The initial contract term shall be one (1) year, with two (2) automatic one-year renewal terms, unless either party provides written notice of non-renewal prior to the expiration of the then-current term.

This is an as needed contract. Activation of the contract will be through a Task Order issued by the County.

When activated, a Notice to Proceed will be issued for each activation event. A “not to exceed” amount will be determined for each activation event and included in the Notice to Proceed (required within the 2 CFR 200.318(j)(2)). Quantities listed are estimates only. Exact quantities will vary depending upon each activated event. County does not guarantee quantities, either minimums or maximums.

Statement of Work

1. The County of Smith (County), Texas is seeking to establish a pre-event contract with a qualified contractor to provide disaster debris removal cleanup services in the event of a disaster or emergency. Contractor shall perform debris removal operations efficient, effective, and in accordance with the current FEMA Public Assistance Program and Policy Guide and FEMA Public Assistance Debris Management Guide.

2. This will be a one (1) year contract with two (2) optional annual renewals at the County’s discretion.

3. Response will be activated only in the event of an emergency and in accordance with an awarded contract. Response activation will be through a Task Order issued by the County.

4. The Debris Site is located at 11220 County Road 1121 Tyler, Texas 75709.

Smith County also has Memorandums of Understanding with organizations for additional debris locations in the county if the need arises.

5. The Contractor shall provide disaster debris removal services resulting from but not limited to catastrophic events such as hurricanes, floods or tornadoes. When a major disaster occurs or is imminent, the County will contact the Contractor to advise them of the intent to activate the contract.

6. The County is seeking bids from qualified bidders with sufficient experience in disaster response and recovery operations for the purposes of debris removal and hauling services.

7. The Contractor shall have on the project at all times, as his agent, a competent Superintendent capable of reading and thoroughly understanding the plans and specifications and thoroughly experienced in the type of work being performed. The Superintendent shall have full authority to execute orders or directions and to promptly supply such materials, equipment, tools, labor and incidentals as may be required. The Superintendent shall be able to read, write and speak English fluently. Such superintendence shall be furnished irrespective of the amount of the Work subcontracted.

8. Removal/Hauling Operations must begin within 48 hours of receiving the Notice to Proceed issued for each activated Task Order.

EMERGENCY DEBRIS REMOVAL PD-1

9. Services shall include, but are not limited to:

• Removal, disposal, and hauling of all types and categories of debris types as specified by FEMA and in accordance with all state and federal regulations.

• Emergency Road Clearance

• Right of Way (ROW) / Public Property Debris Removal

• Hazardous Stump, Tree, and Hanging Limb Removal

• Debris Reduction / Grinding / Processing

• Debris Disposal Haul to pre 11220 County Road 1121 Tyler, Tx 75709.

10. The County, at its sole discretion, may elect to perform any of the above work with force account or additional contract forces.

11. Under this contract, work shall consist of coordinating and mobilizing a sufficient number of cleanup crews, as determined by the County’s Debris Manager.

12. The County has selected a debris volume scenario of approximately 60,000 cubic yards.

This estimated debris volume is a planning figure and it is not a fixed quantity for the purpose of contractual obligations. The actual volume of debris may be greater than or less than 60,000 cubic yards. Proposer’s submittal must address procedures for handling larger or smaller volumes of debris.

13. Work shall also include the clearing and removing of any and all “Eligible” debris as most currently defined (at the time written Notice to Proceed is issued to the Contractor) by the Public Assistance Program and Policy Guide and FEMA Public Assistance Debris Management Guide, Federal Emergency Management Agency (FEMA) – PAPPG v4, FEMA Monitoring Guide published 2021, the Texas Department of Emergency Management Catastrophic Debris Monitoring Guide all applicable state and federal Disaster Specific Guidance (DSG) documents, FEMA fact sheets and policies and as directed by the County Debris Manager, in accordance with federal, state, and local regulations, laws and policies. “Eligible” also includes meeting any changes in definition, rules or requirements regarding debris removal as stipulated by FEMA during the course of a debris removal project.

14. All Vendors, contractors and subcontractors are required to be registered and active on SAM.gov. If the County determines it is in their best interest, a “conditional award” may be provided contingent upon the vendor/contractor/subcontractor registering with SAM and showing as Active on SAM.gov prior to execution of contracts, purchasing agreements, or purchase orders.

15. The County’s goal is to complete the debris clearing, removal and disposal process in less than 90 days. This assumes that the entire area of the County will be accessible within that period.

16. This procurement process is in accordance with 2 C.F.R. 200.317-327 and all Respondents must adhere to FEMA Contract Provisions, where applicable.

17. Access by property owners shall be maintained throughout this project. Closure of the roadway for critical work items shall be allowed but limited as much as possible.

Contractor shall notify affected property owners prior to such closures.

Final cleanup of all work areas shall be made prior to final acceptance of the project.

Prospective Bidders are expected to inspect the site of work and to inform themselves regarding all local conditions.

PBS-1

PROPOSAL

TO

SMITH COUNTY, TEXAS

FOR

EMERGENCY MANAGEMENT DEBRIS CLEAN UP

LOCATIONS WITHIN SMITH COUNTY

Bid Number RB-32-26

DATE:

The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm, or corporation, that he has carefully examined the Notice to Bidders, Contract Agreement, General Conditions, specifications and the plans therein referred to, and has carefully examined the location, conditions, and classes of materials of the proposed work. The undersigned bidder hereby proposes to do all the work and furnish all necessary superintendence, labor, machinery, equipment, tools, materials, and other items incidental to construction that may be necessary to complete all the work upon which he bids, as provided by the attached specifications and shown on the plans, and binds himself on acceptance of this proposal to execute a contract and bonds (where required), according to the accompanying forms, for performing and completing the said work within the time stated, and maintaining same as required by the detailed specifications for the prices stated on the following forms.

It is understood and agreed to commence work within 48 Hours after receiving the written notice to do so shall have been given to him and to complete the work on which he has bid within 90 CALENDAR DAYS, as provided in the General Conditions of the contract.

The bidder agrees that this bond will be held by the COUNTY as security until a contract is awarded or all bids rejected. The COUNTY will be allowed thirty (30) days from date of bid opening to make this decision. In case award is not made on this proposal, the bid bond will be returned to the undersigned bidder.

Smith County reserves the right to accept or reject any or all bids/offers received, in whole or in part, and to waive any informality in any bid(s), and to accept the bid which, in its sole discretion, is in the best interest of Smith County.

PBS-2 9/16/2026

SMITH COUNTY, TEXAS

EMERGENCY DEBRIS REMOVAL

LOCATIONS WITHIN SMITH COUNTY

RB 32-26

BID SCHEDULE

Item No.

Estimated Quantity

Unit

Description and Price in Words

Price in Figures

Extended Amount

AREA 1

16,000

CY

Pick up vegetative debris from ROW (rights of-way) and haul to Debris Site (Area 1) complete in place, the sum of

Dollars and

Cents per CY

EA

Removal of hazardous stump from ROW or public property, to include backfill (Area 1)

Cents per EA

Removal of hazardous trees (LEANERS OR DAMAGED) from ROW or public property (Area 1) per tree

Removal of hazardous hanging limbs (HANGERS) hanging over ROW or public property (per tree) (Area 1)

Cents per per tree

AREA 1 Subtotal

PBS-3 9/16/2026

EMERGENCY DEBRIS REMOVAL

LOCATIONS WITHIN SMITH COUNTY

Figures

Extended

AREA 2

14,000 way) and haul to Debris Site (Area 2) property, to include backfill (Area 2)

DAMAGED) from ROW or public property (Area 2)

(HANGERS) hanging over ROW or public property (per tree) (Area 2)

AREA 2 Subtotal

PBS-4 9/16/2026

EMERGENCY DEBRIS REMOVAL

LOCATIONS WITHIN SMITH COUNTY

Figures

Extended

AREA 3

9,000 way) and haul to Debris Site (Area 3) property, to include backfill (Area 3)

DAMAGED) from ROW or public property (Area 3)

(HANGERS) hanging over ROW or public property (per tree) (Area 3)

Cents per tree

AREA 3 Subtotal

PBS-5 9/16/2026

EMERGENCY DEBRIS REMOVAL

LOCATIONS WITHIN SMITH COUNTY

Figures

Extended

AREA 4

8,000 way) and haul to Debris Site (Area 4) property, to include backfill (Area 4)

DAMAGED) from ROW or public property (Area 4)

(HANGERS) hanging over ROW or public property (per tree) (Area 4)

AREA 4 Subtotal

PBS-6 9/16/2026

EMERGENCY DEBRIS REMOVAL

LOCATIONS WITHIN SMITH COUNTY

Figures

Extended

WK

BARRICADES, SIGNS AND TRAFFIC

Cents per WK

LS

ALLOWANCE FOR UNKNOWN CONDITIONS

$15,000

Cents per LS

TOTAL EMERGENCY DEBRIS REMOVAL

PBS-7

In the event of the award of a contract to the undersigned, the undersigned bidder will be allowed ten

(10) days from date of Notice of Award to furnish a Performance Bond (for the full amount of the contract) and a Payment Bond (where required) and to execute the Contract Documents. If and when the Bond is furnished and the Contract is executed, within the time allowed, the bid bond shall be returned to the undersigned bidder.

In case of failure to furnish the required Bonds or execute the Contract within the time allowed, the Owner will be allowed to make demand on this bond and retain the proceeds as payment for damages due to delay and other inconveniences suffered by the Owner.

The undersigned hereby acknowledges that the Owner has established a firm budget amount for this project and that the Owner cannot enter into an agreement that exceeds this established amount. Therefore the undersigned agrees that the Owner may delete or add certain bid items prior to the award of the contract as required to remain within the project budget. These adjustments to the project scope will have no affect on the unit prices for the remaining bid items.

The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final.

NOTE: Prices must be shown in words and figures for each item listed in the proposal and in the event of discrepancy, the words shall control.

Receipt is hereby acknowledged for the following addenda to the contract documents (Bid No. RB-32-26):

Amount of Bid Bond $

Total Amount of Bid $

Contract Time: CALENDAR DAYS 90

Contractor

By:

(please print name)

Signature:

Title:

Seal and Authorization

(If a Corporation) Address

City, County, State and Zip

Telephone Fax No.

Addendum No. 1 dated Received Addendum No. 2 dated Received Addendum No. 3 dated Received Addendum No. 4 dated Received Addendum No. 5 dated Received

CA-1

CONTRACT AGREEMENT

STATE OF TEXAS §

COUNTY OF SMITH §

THIS AGREEMENT is made and entered into this day of 20 24 , by and between The County of Smith and State of Texas, acting through its County Judge, there unto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and , of the City of , County of , State of , Party of the Second Part, hereinafter termed CONTRACTOR.

WITNESSETH: That for and in consideration of the payment and agreement hereinafter mentioned, to be made and performed by the OWNER, the said CONTRACTOR hereby agrees with the said OWNER to commence and complete construction of certain improvements as follows:

EMERGENCY MANAGEMENT DEBRIS CLEAN UP

in connection therewith, under the terms as stated in the General and Specific Conditions of the AGREEMENT;

and at his own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto and in accordance with the Advertisement for Bids, Instructions to Bidders, General Provisions, Special Provisions, Plans, and other drawings and printed or written explanatory matter thereof, and the Technical Specifications and Addenda thereto, as prepared by the OWNER, each of which has been identified by the endorsement of the CONTRACTOR and the OWNER thereon, together with the CONTRACTOR’s written Proposal and the General Provisions, all of which are made a part hereof and collectively evidence and constitute the entire AGREEMENT.

The CONTRACTOR hereby agrees to commence work within 48 Hours after the date of written notice to do so shall have been given to him, to complete the work within NINETY (90) CALENDAR DAYS, after he commences work, subject to such extensions of time as are provided by the General Provisions.

The OWNER agrees to pay the CONTRACTOR

Dollars ( ) in current funds for the performance of the Contract in accordance with the Proposal submitted thereof, subject to additions and deductions, as provided in the General Provisions, and to make payments of account thereof as provided therein.

CA-2

IN WITNESS WHEREOF, the parties of these presents have executed this AGREEMENT in the year and day first above written (Bid Number RB-32-26).

The following documents are hereby incorporated in this contract:

Smith County Bid Document RB 32-26

All Issued Addendum

Awarded Contractors Response to RB 32-26 including Exhibit A Federal Contract Clauses and Attachments A-I

SMITH COUNTY, TEXAS (Owner) (Contractor)

By: By:

ATTEST ATTEST:

The following to be executed if the CONTRACTOR is a corporation:

I, certify that I am the secretary of the corporation named as

CONTRACTOR herein; that , who signed this Contract on behalf of the CONTRACTOR is the (official title) of said corporation; that said Contract was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

Signed:

Corporate Seal

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STATUTORY PERFORMANCE BOND PURSUANT TO CHAPTER 2253

OF THE TEXAS GOVERNMENT CODE

(PUBLIC WORKS)

(Penalty of this Bond must be 100% of Contract Amount)

KNOW ALL MEN BY THESE PRESENTS, That (hereinafter called the Principal), as Principal, and (hereinafter called the Surety), as Surety are held and firmly bound unto the County of Smith (hereinafter called the Obligee), in the amount of Dollars ($ ) for the payment whereof the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of , 20 24 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void, otherwise to remain in full force and effect.

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

IN WITNESS WHEREOF, the said Principal and Surety have signed this instrument this day of , 20 24 .

Principal Surety

Title: Title:

Address: Address:

PB-2

STATUTORY PAYMENT BOND PURSUANT TO CHAPTER 2253

OF THE TEXAS GOVERNMENT CODE

(PUBLIC WORKS)

(Penalty of this Bond must be 100% of Contract Amount)

KNOW ALL MEN BY THESE PRESENTS, That (hereinafter called the Principal), as Principal, and (hereinafter called the Surety), as Surety are held and firmly bound unto the County of Smith (hereinafter called the Obligee), in the amount of Dollars ($ ) for the payment whereof the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of , 20 24 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect.

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

IN WITNESS WHEREOF, the said Principal and Surety have signed this instrument this day of , 20 24 .

Principal Surety

Title: Title:

Address: Address:

EXHIBIT A

FEDERAL CONTRACT PROVISIONS

All Vendors submitting a bid must agree to the following Federal Contract Provisions. By submitting a bid, contractor agrees to the following provisions. All Federal Contract Provisions are hereby incorporated in the awarded contract.

Appendix II to Part 200—Contract Provisions for Non-Federal Entity

Contracts Under Federal Awards

In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.

(A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non- Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public https://www.govinfo.gov/link/uscode/41/1908 https://www.ecfr.gov/current/title-41/part-60 https://www.ecfr.gov/current/title-41/section-60-1.3 https://www.ecfr.gov/current/title-41/section-60-1.4#p-60-1.4(b) https://www.federalregister.gov/executive-order/11246 https://www.federalregister.gov/citation/30-FR-12319 https://www.federalregister.gov/citation/30-FR-12935 https://www.ecfr.gov/current/title-3/part-1964 https://www.ecfr.gov/current/title-3/part-1964 https://www.federalregister.gov/executive-order/11375 https://www.federalregister.gov/executive-order/11246 https://www.federalregister.gov/executive-order/11246 https://www.ecfr.gov/current/title-41/part-60 https://www.ecfr.gov/current/title-41/part-60 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3146 https://www.ecfr.gov/current/title-29/part-5 https://www.govinfo.gov/link/uscode/40/3145 https://www.ecfr.gov/current/title-29/part-3 work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency.

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33

U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2

CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above 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 or 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 any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

(J) See § 200.323.

§ 200.323 Procurement of recovered materials.

https://www.govinfo.gov/link/uscode/40/3701 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3704 https://www.ecfr.gov/current/title-29/part-5 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3704 https://www.ecfr.gov/current/title-37/section-401.2#p-401.2(a) https://www.ecfr.gov/current/title-37/part-401 https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/33/1251 https://www.govinfo.gov/link/uscode/33/1251 https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/33/1251 https://www.ecfr.gov/current/title-2/section-180.220 https://www.ecfr.gov/current/title-2/section-180.220 https://www.ecfr.gov/current/title-2/part-180 https://www.federalregister.gov/executive-order/12549 https://www.govinfo.gov/link/uscode/31/1352 https://www.govinfo.gov/link/uscode/31/1352 https://www.ecfr.gov/current/title-2/section-200.323

A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000;

procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

(K) See § 200.216.

§ 200.216 Prohibition on certain telecommunications and video surveillance services or equipment.

(a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:

(1) Procure or obtain;

(2) Extend or renew a contract to procure or obtain; or

(3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

(i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

(ii) Telecommunications or video surveillance services provided by such entities or using such equipment.

(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

(b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

(c) See Public Law 115-232, section 889 for additional information.

https://www.ecfr.gov/current/title-40/part-247 https://www.ecfr.gov/current/title-40/part-247 https://www.ecfr.gov/current/title-2/section-200.216 https://www.govinfo.gov/link/plaw/115/public/232 https://www.govinfo.gov/link/plaw/115/public/232 https://www.govinfo.gov/link/plaw/115/public/232 https://www.govinfo.gov/link/plaw/115/public/232

(d) See also § 200.471.

(L) See § 200.322.

§ 200.322 Domestic preferences for procurements.

(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

(b) For purposes of this section:

(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

(c) Federal agencies providing Federal financial assistance for infrastructure projects must implement the Buy America preferences set forth in 2 CFR part 184.

[85 FR 49543, Aug. 13, 2020, as amended at 88 FR 57790, Aug. 23, 2023]

[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014; 85 FR 49577, Aug. 13, 2020]

§ 200.112 Conflict of interest.

The Federal awarding agency must establish conflict of interest policies for Federal awards. The non-Federal entity must disclose in writing any potential conflict of interest to the Federal awarding agency or pass-through entity in accordance with applicable Federal awarding agency policy.

§ 200.336 Methods for collection, transmission, and storage of information.

The Federal awarding agency and the non-Federal entity should, whenever practicable, collect, transmit, and store Federal award-related information in open and machine-readable formats rather than in closed formats or on paper in accordance with applicable legislative requirements. A machine-readable format is a format in a standard computer language (not English text) that can be read automatically by a web browser or computer system. The Federal awarding agency or pass-through entity must always provide or accept paper versions of Federal award-related information to and from the non-Federal entity upon request. If paper copies are submitted, the Federal awarding agency or pass-through entity must not require more than an original and two copies.

When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable.

https://www.ecfr.gov/current/title-2/section-200.471 https://www.ecfr.gov/current/title-2/section-200.322 https://www.ecfr.gov/current/title-2/part-184 https://www.federalregister.gov/citation/85-FR-49543 https://www.federalregister.gov/citation/88-FR-57790 https://www.federalregister.gov/citation/78-FR-78608 https://www.federalregister.gov/citation/79-FR-75888 https://www.federalregister.gov/citation/85-FR-49577

§ 200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms.

(a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible.

(b) Affirmative steps must include:

(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;

(5) Using the services and assistance, as appropriate, of such organizations as the Small Business

Administration and the Minority Business Development Agency of the Department of Commerce;

(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (b)(1) through (5) of this section.

§ 200.334 Retention requirements for records.

Financial records, supporting documents, statistical records, and all other non-Federal entity records pertinent to a Federal award must be retained for a period of three years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or pass-through entity in the case of a subrecipient. Federal awarding agencies and pass-through entities must not impose any other record retention requirements upon non-Federal entities. The only exceptions are the following:

(a) If any litigation, claim, or audit is started before the expiration of the 3-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken.

(b) When the non-Federal entity is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period.

(c) Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition.

(d) When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 3-year retention requirement is not applicable to the non-Federal entity.

(e) Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a https://www.ecfr.gov/current/title-2/section-200.321#p-200.321(b)(1) https://www.ecfr.gov/current/title-2/section-200.321#p-200.321(b)(5) requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned.

(f) Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: Indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates).

(1) If submitted for negotiation. If the proposal, plan, or other computation is required to be submitted to the Federal Government (or to the pass-through entity) to form the basis for negotiation of the rate, then the 3-year retention period for its supporting records starts from the date of such submission.

(2) If not submitted for negotiation. If the proposal, plan, or other computation is not required to be submitted to the Federal Government (or to the pass-through entity) for negotiation purposes, then the 3-year retention period for the proposal, plan, or computation and its supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation.

bid\rb-10-24.10 - insurance.doc

Road & Bridge Department, Smith County, Texas TOC-1

GENERAL CONDITIONS OF THE AGREEMENT

TABLE OF CONTENTS

1. OWNER GC-1

2. CONTRACTOR GC-1

3. ENGINEER GC-1

4. INTERPRETATION OF PHRASES GC-1

5. ADDENDA GC-1

6. EXHIBITS GC-1

7. INCONGRUITIES GC-2

8. QUANTITIES AND MEASUREMENT GC-2

9. ESTIMATED QUANTITIES GC-2

10. PRICE FOR WORK GC-2

11. PUBLIC SAFETY AND CONVENIENCE GC-2

12. RIGHT OF ENTRY GC-3

13. KEEPING OF PLANS AND SPECIFICATIONS GC-4

14. LINES AND GRADES GC-4

15. SUBSURFACE INFORMATION, EXISTING UTILITIES GC-4

16. WATER FOR CONSTRUCTION GC-5

17. BOND GC-5

18. INSURANCE GC-5

19. PROTECTION OF ADJOINING PROPERTY GC-9

20. INDEMNIFICATION PROVISION GC-10

21. PROTECTION AGAINST CLAIMS GC-10

22. PROTECTION AGAINST ROYALTIES OR PATENTED INVENTIONS GC-10

23. TIME AND ORDER OF COMPLETION GC-10

24. EXTENSION OF TIME GC-11

25. HINDRANCES AND DELAYS GC-11

26. LIQUIDATED DAMAGES FOR DELAY GC-11

27. DAMAGES GC-12

28. LOSSES FROM NATURAL CAUSES GC-12

29. INSPECTION GC-12

30. ENGINEER’S AUTHORITY AND DUTY GC-13

31. ADEQUACY OF DESIGN GC-13

32. CONTROL OF MATERIAL GC-13

33. CONTRACTOR’S DUTY GC-13

34. CONTRCTOR’S AGENT GC-13

35. CHARACTER OF WORKMEN GC-14

36. CONSTRUCTION PLANT GC-14

37. SANITATION GC-14

38. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT GC-14

39. CHANGES AND ALTERATIONS GC-14

40. TIME OF FILING CLAIMS GC-14

Road & Bridge Department, Smith County, Texas TOC-2

41. SECTION NOT USED

42. ASSIGNMENT AND SUBLETTING

43. ABANDONMENT BY CONTRACTOR

44. ABANDONMENT BY OWNER

45. PRELIMINARY APPROVAL

46. DEFECTS AND THEIR REMEDIES

47. USE OF COMPLETED PORTIONS OF WORK

48. PARTIAL PAYMENTS

49. FINAL CLEANUP

50. FINAL COMPLETION AND ACCEPTANCE

51. FINAL PAYMENT

52. GUARANTEE

53. VENUW AND GOVERNING LAW

54. LAWS AND ORDINANCES

55. STATE AND LOCAL SALES AND USE TAXES

56. TEXAS DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY

57. WAGE RATES

GC-15

GC-15

GC-16

GC-17

GC-17

GC-18

GC-18

GC-18

GC-19

GC-19

GC-19

GC-19

GC-19

GC-20

GC-20

GC-20

GC-20

Road & Bridge Department, Smith County, Texas GC-1

GENERAL CONDITIONS OF THE AGREEMENT

1. OWNER

Whenever the word “OWNER”, or the expression, “Party of the First Part”, or “First Party”, are used in this contract, it shall be understood as referring to Smith County, Texas.

2. CONTRACTOR

Whenever…