Spec_Book_and_Plan_-_Waxahachie_Grand_Avenue.pdf

City of Waxahachie, Texas

Specification and Contract Documents for the Construction of

Grand Avenue Pavement and Striping Improvements

State of Texas Registered Firm #928

KIMLEY-HORN AND ASSOCIATES, INC.

801 CHERRY STREET, UNIT #11, STE. 1300

FORT WORTH, TX 76102

APRIL 2024

Christian, Misty Stamp

Christian, Misty Text Box 4-23-24

CITY OF WAXAHACHIE

GRAND AVENUE PAVEMENT AND STRIPING IMPROVEMENTS

TABLE OF CONTENTS

PART I CONTRACT DOCUMENTS

Notice to Bidders Instructions to Bidders Project Description Bid Form Bidder’s Signature Response Form Qualification Statement of Bidders Qualification Statement of Bidder’s Surety Bid Bond Vendor’s Compliance to State Law House 89 Verification Form Conflict of Interest Form Contractor Utilization Plan & Form Certificate of Insurance Standard Contract Agreement Performance Bond Payment Bond Maintenance Bond Form 1295 General Provisions* Special Conditions Wage Rates

*General Provisions This project shall be constructed by utilizing the North Central Texas Council of Governments (NCTCOG) Specifications for Public Works Construction, 5th Edition, August 2023 with Latest Amendments and the Texas Department of Transportation (TxDOT) Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges.

Any permissible deviation from those standard specifications will be noted in the section of Special Provisions to the NCTCOG Standard Specifications, Special Contract Requirements, Plans and/or Specifications.

PART II GRAND AVENUE PAVEMENT AND STIRPING IMPROVEMENT

PLAN

PART I

CONTRACT DOCUMENTS

CITY OF WAXAHACHIE, TEXAS

Grand Avenue Pavement and Striping Improvements

NOTICE TO BIDDERS

SEALED BID PROPOSALS are requested by the City of Waxahachie to furnish all labor, material, and equipment, and perform all work required for the Grand Avenue Pavement and Striping Improvements project.

Sealed bids will be received at the office of the City Secretary, on the 3rd floor of the Charles Beatty Municipal Services Building, 408 S. Rogers, Waxahachie, TX 75165 until Wednesday, May 15, 2024, at 2:00 p.m.

Central Standard Time. Please use the elevator to access the 3rd floor of the Charles Beatty Municipal Services Building. The staircase adjected to the elevator does not go to the 3rd floor of the building.

There will be a public bid opening at 2:05 p.m. Central Standard Time on May 15, 2024 in the Mean Green conference room of the Charles Beatty Municipal Services Building, located at 408 S. Rogers, Waxahachie, TX 75165.

The project consists of 2” HMAC Mill and Overlay of approximately 5,800 square yards of pavement located along Grand Avenue from Main Street to the railroad track in Waxahachie, Texas. The project also consists of sections of full pavement reconstruction and new pavement striping and signage.

Plans, specifications, and bidding documents may be examined or downloaded online from https://procurement.opengov.com/portal/waxahachie-tx. All official notifications, addenda and other documents will be offered only through this procurement website.

CITY OF WAXAHACHIE, TEXAS

By Justin Stoker, P.E.

Justin Stoker, P.E., Senior Director of Public Works and Engineering

ADVERTISEMENT DATES:

1st Advertisement: April 24, 2024 and 2nd Advertisement: May 1, 2024

INSTRUCTIONS TO BIDDERS

1. LIST OF SUBMITTALS REQUIRED FOR BID:

The following items are required of both Electronic bid submissions and Paper Hard-Copy bid submissions, at time of bid:

1. Bid Proposal (or Pricing Table if submitting on OpenGov)

2. Bidder’s Signature Response Form

3. Bid Security (cashier’s or certified check, or bid bond)

4. Vendor Compliance to State Law Form

5. House Bill 89 Verification Form

6. Conflict of Interest Questionnaire

7. Certificate of Insurance - Do not add the City as additionally insured/holder unless the Bidder is awarded the contract.

Any submittal may be withdrawn or a revised submittal provided prior to the submittal deadline.

All submittals shall be subject to the Texas Public Information Act unless the respondent clearly and prominently identifies a particular section in the submittal as proprietary and said item unequivocally qualifies for this exception under the Act as determined by the Texas Attorney General.

The Owner reserves the right to reject any or all bids and to waive any irregularities or formalities. The Contractor accepts all risks associated with bidding in this manner. Proposals shall be considered irregular if they show any omissions, alterations of form, additions, unbalanced values or conditions not called for, unauthorized alternative bids or other irregularities of any kind. The Owner may reject any proposal containing such irregularity. The Owner, however, reserves the right to waive any irregularities and to make the award in the best interest of the Owner. Additional standards are provided in the project General Conditions: North Central Texas Council of Governments (NCTCOG) Specifications for Public Works Construction.

2. BID SECURITY:

Proposals shall be accompanied by a cashier’s or certified check in an amount not less than five percent (5%) of the total maximum bid price, payable without recourse to the City of Waxahachie, or a bid bond in the same amount from a reliable surety company, holding a permit from the State of Texas to act as surety, as a guarantee that the bidder will enter into a contract and execute performance bond and payment bond within ten (10) days after notice of award of contract to him.

Electronic Bid Bonds:

Electronic bid bonds are preferred and available through Surety2000. Please visit https://surety2000.com or call 800-660-3263 for more information or for help with a surety agent in an account setup with the Surety2000 electronic bond clearinghouse.

When setting up an electronic bid bond, you will be asked for the Project ID number. This ID number is referencing the Project ID number listed in the header of the City bid. After acquiring a bond, please double-check the Bond ID number and your Vender ID number when entering it into OpenGov with your other bid information. This information is used to electronically verify the bond.

If asked for a bond description, please enter “Bid Bond provided in the amount of 5% of the total bid amount.”

Note that the initial setup of the electronic bonding process can take up to a week to get registered.

Additionally, it is common for bond clearinghouse companies charge a fee for service. If a Contractor Vender ID has not been issued at the time you are seeking a bid bond, please use your company EIN in the Contractor Vender ID field.

If the Bidder wishes to use a paper hard-copy bond instead of using the electronic bond process. It is the full responsibility of the bidder to ensure that proper bonding documentation is provided to the City Secretary’s Office for the City of Waxahachie prior to the bid deadline. The City will assume no responsibility for lost, misplaced, misdelivered, or incomplete bonding documents.

3. BONDS:

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

The performance, payment and maintenance bond shall be submitted upon award of the contract, prior to contract execution. The amount of the performance bond and payment bonds shall each be in an amount equal to one hundred (100%) percent of the total awarded contract price, conditioned upon the faithful performance of the contract and upon payment of all persons supplying labor or furnishing materials, will be requested. The amount of the maintenance bond shall be in an amount equal to ten (10%) percent of the total awarded contract price. The maintenance bond shall remain in force for a period of two (2) years after the date of final acceptance of the work by the Owner.

Bonds Shall be submitted on the forms provided, from an approved surety company holding a permit from the State of Texas to act as surety or other sureties acceptable to the Owner.

4. QUALIFICATION OF BIDDERS:

The Owner intends to award the contract within ninety (90) days after the date of opening bids on the basis of the lowest acceptable bid submitted by a qualified bidder, as determined by the Owner. The Contractor or Contractors shall complete execution of the required Bonds and Contract within ten

(10) days of such notice.

The apparent lowest qualified bidder shall submit the “Qualifications Statement of Bidders Form” and the “Qualifications of Bidder’s Surety Form” contained within the Contract Documents and submit with the Bidder’s Proposal.

Within five (5) working days after the bid opening, the low bidder shall submit such evidence as the Owner may require establishing the bidder's qualifications to satisfactorily perform the work included in this project. The minimum information required shall include but may not be limited to the following:

(1) the bidder’s current financial statement including amount of funds readily available to commence and carry out the work.

(2) a list of equipment available for this project.

(3) a list of projects that have been satisfactorily completed by the bidder and are of the same general type as included in this contract, together with the names, addresses and phone numbers of persons familiar with this work, and

(4) other information that may be pertinent to the bidder’s qualifications.

The Contractor shall show that he has experience with (3) similar projects, working in confined areas in close proximity to many physical features (such as: fences, carports, utility poles, guy lines, gas lines, and meters, water lines, sewer manholes and cleanouts, etc.) which will require the Contractor to plan his work efforts and equipment needs with these limitations in mind. At Owner’s request, the Contractor shall submit a complete list of ALL Municipal and Similar Non-Municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform this work.

Should the bidder fail to produce evidence satisfactory to the Owner on any of the foregoing points he may be disqualified, and the work shall be awarded to the next bidder so qualifying.

5. EXAMINATION OF SITE OF PROJECT:

Prospective bidders shall make a careful examination of the site of the project, soil and water conditions to be encountered, improvements to be protected, disposal sites for surplus materials not designated to be salvaged materials, and as to method of providing ingress and egress to private properties, and methods of handling traffic during construction of the entire project.

6. WAGE RATES:

Attention is called to the fact that not less than the prevailing wage rates as hereinafter set forth in the Contract Documents, which are made a part hereof, must be paid on this project.

7. INSURANCE COVERAGE:

A certificate of coverage as defined in SC.15 of the Special Conditions must accompany each bid. Do not add the Owner or City as Additionally insured/a holder unless the Bidder is awarded the contract.

8. CONFLICT OF INTEREST QUESTIONNAIRE:

Bidder shall complete Conflict of Interest Questionnaire contained within the Contract Documents and submit with the Bidder’s Proposal.

9. ADDENDA:

Bidders desiring further information or interpretation of the plans and specifications must make request for such information through the OpenGov portal indicated in the notice to bidder or by emailing Elizabeth.Quilici@waxahachie.com by 2:00 pm on May 8, 2024. All official notifications and answers to all such requests will be offered through procurement website. All addenda will be bound with and made a part of the contract documents. No other explanation or interpretation will be considered official or binding.

Should a bidder find discrepancies in, or omissions from the plans, specifications, or contract documents, or should he be in doubt as to their meaning, he is requested to notify the City in order that an addendum may be posted to all bidders. Any addenda issued will be posted to the procurement website or mailed upon request. The bid proposal as submitted by the Contractor will be so constructed as to include any addenda if such are issued by the Engineer. The bid proposal as submitted by the bidder must be so constructed as to include any addenda issued by the Engineer prior to 72 hours of the opening of bids, with the appropriate recognition of addenda so noted in the bid proposal.

Answers to questions and addendum shall be posted online through:

https://procurement.opengov.com/portal/waxahachie-tx

City contact information:

Elizabeth Quilici Email: Elizabeth.Quilici@waxahachie.com Phone: 469-285-0451

The City of Waxahachie shall not be held liable for any costs incurred by any respondent for work performed in preparation of and production of the submittal or for any work performed prior to the execution of an awarded contract.

10. ELECTRONIC BID FORMS & PAPER HARD-COPY BID SUBMITTALS:

This Sealed bid will be available online through https://procurement.opengov.com/portal/waxahachie-tx from the date issued until May 15, 2024, at 2:00 P.M CST. Any subsequent addendums and/or attachments will be added to the websites listed above.

Electronic submittals are highly preferred through our online electronic bidding system https://procurement.opengov.com/portal/waxahachie-tx.

Bidders who wish to submit electronically shall use the "Vendor Submissions" and "Pricing Table" tab on OpenGov, to respond to this bid. The "Pricing Table" tab will satisfy the "Bid Proposal" submittal requirement. If the bidder chooses to submit the response electronically, the required documents shall be submitted through the "Vendor Submissions" tab. This option is highly preferred by the City.

Paper Hard-Copy submittals need not use the "Vendor Submissions" and "Pricing Table" tab. If a paper bid response will be submitted, the bidder may use the Bid Proposal Excel spreadsheet provided in the attachments and complete the Grand Avenue Pavement and Striping Improvements Contract Docs & Specifications packet accordingly.

All paper hard-copy sealed submittals must be received by the City of Waxahachie City Secretary Department located at 408 S Rogers, Waxahachie, TX 75165 on the 3rd floor by the due date and time provided.

The City is not responsible for lateness or non-delivery of mail, carrier, etc. to the City, and the time and date recorded by the City shall be the official time of receipt.

Sealed paper hard-copy submittals must be in one sealed envelope clearly marked with the label below (or similar) completed and affixed on the outside of the sealed envelope containing the submittal:

For Paper Hard-Copy Bid Submissions, computer-generated pages (excel print-outs, etc.) of the bid form may be used in lieu of the Bid Form provided. This option is provided for the convenience of the Bidder.

The use of computer-generated pages shall not contain added wording intended to modify or amend the wording in the Owner’s Bid Form, or the provisions of the Contract Documents, including the plans, specifications, or Special Conditions. All bid items, bid amounts (unit prices and extended totals), subtotals, and total bid must be submitted, and the risk of error, omission, or failure to include each in accordance with the Owner’s final published Bid Form shall be borne solely by the Bidder; and in the event the computer-generated pages are not provided in accordance with the Owner’s final published Bid Form, the bid shall be declared non- responsive.

The Bidder shall provide the following disclaimer on the computer-generated bid form;

otherwise, the bid will be considered non-responsive and rejected:

(Company name ) certifies that the Bid Item Number, Specification Item, Name of Pay Item, Estimated Quantity, Unit, Unit Price Bid, and Amount Bid shown on the computer-generated bid form for all of the bid items contained in this Bid Form are consistent with the Bid Form provided herein, and that its bid will be tabulated using these Unit Prices and no other information from this computer-generated bid form.

The Company further acknowledges and agrees the Total Bid Amount shown will be read as its Total Bid and further agrees that the official Total Bid Amount will be determined by multiplying the Unit Prices shown in the computer-generated bid form by the respective estimated quantities shown in the Bid Form and then totaling all of the extended amounts.

SEALED BID – DO NOT OPEN

City of Waxahachie – ATTN City Secretary – 3rd Floor 408 S Rogers St.

Waxahachie, TX 75165

Grand Avenue Pavement and Striping Improvements Invitation To Bid # 453-2024-04 Invitation to Bid Deadline: until May 15, 2024 at 2:00 P.M.

Company Name: ______________________________________________

Contact Name: _______________________________________________

Phone Number: _______________________________________________

PROJECT DESCRIPTION

I. LOCATION OF PROJECT:

The location of this project is on Grand Avenue between Main Street and the railroad track in Waxahachie, Texas.

II. TIME AND ORDER OF COMPLETION:

All items of work included under this contract shall be completed within (45 calendar days substantial and 60 calendar days final) which time shall commence on the tenth (10th) day after the issuance of the notice to proceed.

III. SCOPE OF WORK:

The project consists of 2” HMAC Mill and Overlay of approximately 5,800 square yards of pavement located along Grand Avenue from Main Street to the railroad track in Waxahachie, Texas. The project also consists of sections of full pavement reconstruction and new pavement striping and signage.

IV. DESCRIPTION OF BID ITEMS:

Any and all work specifically called for in the Contract Documents or which is required for the proper construction of items called for in the Contract Documents is to be performed by the Contractor unless specifically indicated otherwise. The cost of all work for which there is no separate pay item in the proposal shall be included in the price for a related pay item such that work called for or required by the Contract Documents will be constructed for the Contract Price.

The following descriptions are intended to clarify the nature of the work required for this project. The provisions of the standard technical specifications shall apply, except as otherwise specified herein.

Each pay item includes all labor, materials, equipment and incidentals necessary to construct that item. The contract shall be awarded based on the “TOTAL BID FOR ALL ITEMS”.

Pay Item #1: Mobilization

Mobilization will be measured as a lump sum item as the work progresses. Partial payments for mobilization shall be paid for at the Total Unit Price as shown in the bid proposal with the regular monthly estimates as follows: The adjusted contract amount for construction items as used below is defined as the total contract amount less the lump sum bid for Mobilization.

a. When 1% and less than 25% of the adjusted contract amount for construction items is completed, 50% of the mobilization lump sum bid will be paid.

b. When 25% and less than 50% of the adjusted contract amount for construction items is completed, 75% of the mobilization lump sum bid will be paid. Previous payments under this section will be deducted from this amount.

c. When 50% or more of the adjusted contract amount for construction items is completed, 95% of the mobilization lump sum bid will be paid. Previous payments under this section will be deducted from this amount.

d. Payment for the remainder of the lump sum bid for “Mobilization” will be made on the final estimate.

Mobilization shall encompass cost for the entire project. No separate pay for multiple mobilizations.

Pay Item #2: Traffic Control and Traffic Control Plan This item shall consist of all the work, labor, equipment, materials and superintendence necessary to furnish, install, operate, maintain, erect and remove traffic control devices including, but not limited to:

Signage, Traffic Control Devices, Lights, Barricades, Barriers, flagmen and Detours. The Contractor shall prepare and provide a traffic control plan to the Engineer and the City prior to construction. The traffic control plan shall be prepared and sealed by a licensed engineer in the State of Texas. This pay item also includes any traffic control devices that may be used to protect construction improvements until the improvements are accepted. Access to driveways must be maintained. Measurement for payment shall be on a lump sum basis. This pay item shall encompass costs for the entire project.

Pay Item #3: Project Sign This item shall consist of the work, labor, materials and equipment to install construction signs at the designated location determined by the City. The detail for information necessary on the project sign is included in the plans. Measurement for payment shall be on a per each sign basis. The Contractor shall provide a shop drawing to the City for approval prior to construction.

Pay Item #4: 2” Type D Mill and Overlay This item shall consist of the work, labor, materials and equipment necessary to mill and overlay 2” of the existing asphalt within the limits shown on the plans. Asphalt and milling operations shall be in accordance with NCTCOG. Measurement for pavement shall be on a square yard basis. Contractor shall deliver millings to the City at the location determined by the City. The contractor shall ensure the asphalt is flush with the existing concrete gutter. Contractor shall protect existing valves and appurtenances in the roadway and provide an appropriate smooth transition (level up) at all appurtenances.

Pay Item #5: Full Reconstruction Asphalt Section-6” Type B HMAC on 8” Flexbase This item shall consist of the work, labor, materials and equipment necessary to remove and dispose of portions of the existing roadway and replace with 6” permanent asphalt (Type B). The flexbase may be crushed stone or crushed concrete meeting the requirements in Table 301.5.1.2.(a) Grade 1. The contractor shall take into account any loss in quantity due to compaction. Portions of the full reconstruction area includes existing asphalt and concrete pavement. This pay item includes the removal of all types of existing pavement. Measurement for payment shall be on a square yard basis.

Pay Item #6: Pavement Markings This item shall also consist of the work, labor, equipment, and materials necessary to install the pavement striping as shown in the plans. All pavement marking shall follow standard engineering practices, as well as state and federal requirements. The pavement markings include all lane striping, crosswalk, stop bars bike lane and other striping shown on the plans. Striping shall be thermoplastic in accordance with the City’s criteria. Measurement for payment shall be on a lump sum basis.

Pay Item #7 : Signage This item shall consist of the work, labor, equipment, and materials necessary to furnish and install the signs and to protect existing signs as indicated on the plans. This item includes all necessary items needed to install the sign which includes, but is not limited to, all signs, supports, brackets and posts. Signs shall be installed per the Texas Manual on Uniform Traffic Control Devices (TMUTCD). Contractor shall provide a submittal of street signs for City review prior to ordering. Measurement for payment shall be on a per each basis.

KHA # 061269761

Bid Form

For

Grand Avenue Pavement and Striping Improvements

City of Waxahachie

(This Bid Form must not be removed from the Contract Documents)

Date: ______________________________

From: ______________________________

To: City of Waxahachie

For: Grand Avenue Pavement and Striping Improvements

Pursuant to the foregoing "Notice to Bidders" the undersigned bidder, having thoroughly examined the Contract Documents, the site of the project and understanding the amount of work to be done and the prevailing conditions, hereby proposes to fully complete all of the work and requirements as provided in the plans and Contract Documents and binds himself upon acceptance of this proposal to execute a contract and furnish such bonds as required and proposes to complete the work within the time stated and for the following prices:

Item Spec. Name of Pay Item with Est. Unit Bid Amount No. Item Unit Price in Words Quantity Unit Price Bid

Base Bid

1 PROJECT 1 LS $ $ 0

DESCRIPTION

dollars and cents per unit

2 PROJECT 1 LS $ $ 0

DESCRIPTION

dollars and cents per unit

3 PROJECT 2 EA $ $ 0

DESCRIPTION

dollars and cents per unit

4 PROJECT 5,800 SY $ $ 0

DESCRIPTION

dollars and cents per unit

5 PROJECT 1,170 SY $ $ 0

DESCRIPTION

dollars and cents per unit

6 PROJECT 1 LS $ $ 0

DESCRIPTION

dollars and cents per unit

7 PROJECT 3 EA $ $ 0

DESCRIPTION

dollars and cents per unit Base Bid TOTAL BID for All Items (words and figures) dollars cents $

Mobilization

Project Sign

Signage

2" Type D HMAC Mill and Overlay

Traffic Control and Traffic Control Plan

Full Reconstruct Asphalt Section-6" Type B HMAC and 8" Flexbase

Pavement Markings

Bidder’s Signature Response Form

The undersigned bidder has carefully examined the City of Waxahachie’s Invitation to Bid # 453-2024-04 entirely, Instruction to Bidders, this bid, the form on Contract and its General and Special Conditions, the Technical Specifications, and the Plans for the work herein above described and referred to in the "Invitation to Bid", and also the site of the work and will provide all necessary labor, superintendence, machinery, equipment, tools, materials, services and other means of construction to complete all the work upon which he bids, as provided by the Special Conditions of the Contract, the Technical Specifications and shown on the plans, and binds himself on acceptance of his bid to execute a Contract, bonds and insurance, according to the prescribed forms, for performing and completing the said work within the time stated, and for maintaining same as required for the prices provided in the Bid Proposal

If awarded the Contract, I/we will execute Contract on the Standard Forms of Agreement and furnish satisfactory insurance certificate and satisfactory performance and payment bonds in accordance with the Bid Documents.

SIGNATURE ACKNOWLEDGEMENT OF ADDENDA

Bidder acknowledges receipt of the following addendum(s) to the contract documents:

Addendum No. 1 ____________________________________________________

Addendum No. 2 ____________________________________________________

Addendum No. 3 ____________________________________________________

Addendum No. 4 ____________________________________________________

Addendum No. 5 ____________________________________________________

Addendum No. 6 ____________________________________________________

It is understood that the Contractor is subject to a deduction from payments due him if the work is not completed within the specified number of calendar days. This deduction will be based on the schedule included in the "Special Conditions” of the Agreement which is a part of the Bid and Contract Documents.

Bidder-Company Name: ____________________________________________________________________

By:______________________________________ (Typed or Printed)

Signature:________________________________

Title:____________________________________

Date:____________________________________

Address:__________________________________

Phone:___________________________________

Email: __________________________________ j:\clerical\wax\2020-127 asphalt street rehab 2020\specs\tech-spec\09-qualification statement.doc - 1 - Qualification Statement

QUALIFICATION STATEMENT OF BIDDERS

SUBMITTED TO: City of Waxahachie

Reviewed by:

Date Received:

Contractor:

CIRCLE ONE: Sole Proprietor Partnership Corporation Joint Venture

Name: Partner:

Address: Address:

City: City:

Phone: Phone:

PRINCIPAL PLACE OF BUSINESS: PRINCIPAL PLACE OF BUSINESS:

County State County State

IF THE CONTRACTOR IS A CORPORATION, FILL OUT THE FOLLOWING:

State of Incorporation:

Location of Principal Office:

Contact Persons at Office:

PERSON EXECUTING CONTRACTS ON BEHALF OF CORPORATION:

Name: Address:

Title:

Phone: City State Zip Email:

Names of Officers: (If Applicable)

LIST NUMBER OF EMPLOYEES WORKING FOR CONTRACTOR:

LIST ALL EQUIPMENT TO BE USED ON THIS PROJECT: (PLEASE USE ATTACHMENT)

NUMBER OF YEARS IN BUSINESS AS A GENERAL CONTRACTOR ON PROJECTS SIMILAR

TO THIS PROJECT:

TYPE(S) OF WORK COMPLETED: (CIRCLE)

Asphalt Paving Storm Sewer

Concrete Paving Earth Work

Channel Lining Water & Sanitary Sewer Lines

Concrete Inlets/Boxes j:\clerical\wax\2020-127 asphalt street rehab 2020\specs\tech-spec\09-qualification statement.doc - 2 - Qualification Statement

Other:

COMMENTS:

LIST RECENTLY COMPLETED PROJECTS OF THE TYPE OF WORK QUALIFYING FOR

OR SIMILAR WORK, PLUS THE FOLLOWING INFORMATION FOR EACH PROJECT:

Project:

Owner/Engineer:

Year Built: Contract Price: $

Contact Person: Phone:

Contact Person: Phone:

(USE ATTACHMENTS IF NECESSARY)

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LIST CURRENT PROJECTS UNDER CONSTRUCTION, PLUS THE FOLLOWING

INFORMATION FOR EACH PROJECT LISTED:

Percent Complete: % Contract Price: $

Contact Person: Phone:

(USE ATTACHMENTS IF NECESSARY)

IF COMPANY IS UNDER NEW MANAGEMENT, PLEASE LIST NAMES OF STAFF AND

QUALIFICATION AND/OR EXPERIENCE OF SAID PERSONS. (PLEASE USE ATTACHMENT.)

HAVE YOU OR ANY PRESENT PARTNER(S) OR OFFICER(S) FAILED TO COMPLETE A

CONTRACT? _____

IF SO, NAME OF OWNER AND/OR SURETY:

CONTACT PERSON: PHONE:

ARE THERE ANY UNSATISFIED DEMANDS UPON YOU AS TO YOUR ACCOUNTS

PAYABLE? Yes No

IF SO, GIVE NAMES, AMOUNTS, AND EXPLANATIONS:

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BANK REFERENCE: Bank:

Address:

City: State: Zip:

Contact Person:

Phone:

MUNICIPALITY REFERENCE: City:

Contact Person: Position:

Address: Phone:

In compliance with Invitation to Bid for above mentioned types of projects, the undersigned is submitting the information as required with the understanding that the purpose is only to assist in determining the qualifications for this organization to perform the type and magnitude of work designated, and further, guarantee the truth and accuracy of all statements made, and will accept your determination of qualifications without prejudice. The surety herein named, any other bonding company, bank, sub-contractor, supplier, or any other person(s), firm(s) or corporations with whom I (we) have done business, or who have extended any credit to me

(us) are hereby authorized to furnish you with any information you may request concerning performance on previous work and my (our) credit standing with any of them; and I (we) hereby release any and all such parties from any legal responsibility whatsoever on account of having furnished such information to you.

Signed: Title:

Company: Date:

COPY TO LOCAL UNDERWRITING OFFICE OF PROPOSED SURETY

Name: Phone:

Address: City: State:

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QUALIFICATION STATEMENT OF BIDDER'S SURETY

SUBMITTED TO: City of Waxahachie

BIDDER:

ADDRESS:

PHONE:

1. Has this surety furnished contract bonds on contracts now complete?

2. Has this surety furnished contract bonds on contracts now incomplete?

3. What is the maximum bonding capacity of this Contractor?

4. Is the current financial information on this Contractor satisfactory?

5. Does information obtained indicate accounts are paid when due?

If not, give details:

6. Is it your opinion that the bidder has sufficient experience and financial resources to satisfactory perform the contract?

7. Provided this bidder does not assume other commitments or that you do not acquire further information that in your opinion will materially affect the bidder's capacity to perform this contract, will you furnish the bonds as specified?

REMARKS:

SURETY:

SIGNED:

TITLE:

ADDRESS:

CITY: STATE: ZIP:

PHONE:

(IN DUPLICATE)

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, as PRINCIPAL, and as SURETY are held and firmly bound unto the City of Waxahachie hereafter called the “City”, 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, administrator, successors, and assigns, jointly and severally, firmly by these presents.

THIS CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated , 20_____, for

NOW THEREFORE, if 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 sixty (60) days after the said opening, and shall within the period specified therefore, 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 City 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 City the difference between the amount specified in said Bid and the amount for which the City may procure the required work or supplies or both, if the latter be in excess of the former, the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS THEREOF, the above-bound parties have executed this instrument under their several seals this _______ day of _________________________, 20_____, the name and corporate seal of each by its undersigned representative, pursuant to authority of its governing body.

(Principal) (Surety)

By: By:

(Name and Title) (Name and Title)

Address: Address:

(Seal) (Seal)

HOUSE BILL 89 VERIFICATION (REVISED)

I, ____________________________________, [Person Name] the undersigned representative of _____________________________________________________

[Company or Business Name]

(hereafter referred to as Company) being an adult over the age of eighteen (18) years of age, does hereby depose and verify that the Company named above, under the provisions of Subtitle F, Title 10, Texas

Government Code Chapter 2270 and 2271 (revised Sept. 1, 2019):

1. Does not currently boycott the country of Israel; and

2. Will not boycott the country of Israel during the term of the contract with Ellis County, Texas.

3. and is not currently listed on the State of Texas Comptroller’s Companies that Boycott Israel List located at https://comptroller.texas.gov/purchasing/publications/divestment.php

Signature:___________________________ Date:___________________

Pursuant to Section 2270 and 2271, Texas Government Code:

1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and

2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.

3. Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. (HB 793 – exemptions).

EXEMPTIONS APPLY TO THE FOLLOWING:

□ between a governmental entity and a company with less than 10 full-time employees

□ has a value of less than $100,000 paid wholly or partly from public funds of the governmental entity

THIS FORM MUST BE RETURNED WITH YOUR BID

Prohibition of Contracts with Companies Boycotting Israel

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

1 Name of vendor who has a business relationship with local governmental entity.

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature of vendor doing business with the governmental entity Date ownership interest of one percent or more.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021

Revised 1/1/2021Form provided by Texas Ethics Commission www.ethics.state.tx.us

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;

or

(ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)

(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or

(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the vendor becomes aware:

(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a);

(B) that the vendor has given one or more gifts described by Subsection (a); or

(C) of a family relationship with a local government officer.

Contractor Utilization Plan

The Contractor shall perform no less than 25% of the Work with its own workforce and shall complete, in its entirety, the Contractor Utilization Form.

In completing the form, the Contractor shall identify:

• Whether subcontractors will be used.

• The name and contact information of the proposed prime contractor and all subcontractors.

• The character of work for each contractor using the appropriate work categories provided in the form.

• The value and percentage of work to be performed by the prime contractor and any and all subcontractors for the base bid and all alternate bids.

The City of Waxahachie shall rely on the accuracy of the information provided on the Contractor Utilization Form. At the sole discretion of the City, an experience record may be requested for any of the proposed contractors.

If the Contractor enters into an agreement with the City to perform the work, the Engineer shall be notified in writing of proposed subcontractor changes and the reasons for said changes.

The City may reject proposed subcontractors and/or proposed changes for any subcontractors:

1) whose relations with the City on a previous project was less than satisfactory;

2) whose performance on a previous project was less than satisfactory;

3) whose adherence to schedule and prices for extra work on past projects has been less than satisfactory; and

4) who cannot adequately document past experience with performance of proposed work items, upon request and as assessed by the City.

The City’s rejection of any proposed subcontractors and/or proposed changes for any subcontractors shall not be considered as a basis for adjustment of any bid prices for any contract items.

ATTACHMENT A

TO SPECIAL PROVISION – CONTRACTOR UTILIZATION PLAN

CONTRACTOR UTILIZATION FORM

BASE BID

GENERAL INFORMATION

BID NO. PROJECT NAME: BASE BID AMOUNT:

Subcontractor Utilization Applies for (check one):

Base Bid Work Only Alternate Bid(s) Work Only Base & Alternate(s) Bid Work No Subcontractors Are Used

By signing below, I as the prime contractor hereby certify that the information contained in the base and alternate contractor utilization forms is true and correct. I understand that the City of Waxahachie shall rely on the information provided on this form if my firm submits the lowest responsive bid and contracts with the City of Waxahachie to perform the Work included in this bid opportunity. The City of Waxahachie may deem the bid to be non-responsive if the base and alternate contractor utilization forms are not completed in their entirety and submitted with the sealed bid proposal.

SIGNATURE PRINTED NAME TITLE DATE

PRIME CONTRACTOR

PRIME CONTRACTOR NAME EMAIL ADDRESS

ADDRESS PHONE NO. FAX NO.

TYPES OF WORK TO BE PERFORMED (USE CODES) VALUE OF BASE BID WORK % OF BASE BID WORK

SUBCONTRACTOR NO. ____

SUBCONTRACTOR NAME EMAIL ADDRESS

ADDRESS PHONE NO. FAX NO.

TYPES OF WORK TO BE PERFORMED (USE CODES) VALUE OF BASE BID WORK % OF BASE BID WORK

Christian, Misty Text Box

Christian, Misty Text Box

ATTACHMENT A

TO SPECIAL PROVISION – CONTRACTOR UTILIZATION PLAN

CONTRACTOR UTILIZATION FORM

BASE BID (CONTINUATION PAGE)

SUBCONTRACTOR NO. ____

SUBCONTRACTOR NAME EMAIL ADDRESS

ADDRESS PHONE NO. FAX NO.

TYPES OF WORK TO BE PERFORMED (USE CODES) VALUE OF BASE BID WORK % OF BASE BID WORK

SUBCONTRACTOR NO. ____

SUBCONTRACTOR NAME EMAIL ADDRESS

ADDRESS PHONE NO. FAX NO.

TYPES OF WORK TO BE PERFORMED (USE CODES) VALUE OF BASE BID WORK % OF BASE BID WORK

SUBCONTRACTOR NO. ____

SUBCONTRACTOR NAME EMAIL ADDRESS

ADDRESS PHONE NO. FAX NO.

TYPES OF WORK TO BE PERFORMED (USE CODES) VALUE OF BASE BID WORK % OF BASE BID WORK

WORK CATEGORIES:

ASPH – Asphalt Paving ELE – Electrical HMAT – Hazardous Materials PM – Pavement Markings BRG – Bridge FNC – Fencing IR – Irrigation SWP – Stormwater Pollution Prevention CONC – Concrete Paving FW – Flatwork (exc. conc pavement) LS – Landscaping TC – Traffic Control DRN – Drainage GR – Guardrail RW – Retaining Walls TS – Traffic Signal EW – Earthwork HL – Hauling (Trucking) RWP – Right of Way Preparation GC – Ground Cover/Turf UTL – Utilities (excludes storm) STM – Storm Sewer (incl. box culverts) O – Other (please specify)

Make copies of the base bid continuation sheet if you need to list additional subcontractors for the base bid.

Certificate of Insurance

At the time of bid, Contractor shall include in sealed bid package a Certificate of Insurance in the limits established in Special Condition Section SC.15: Insurance Requirements.

AG - 1

AGREEMENT

STATE OF TEXAS :

COUNTY OF ELLIS :

THIS AGREEMENT, make and entered into this ____day of _____________, A.D., 20___, by and between the City of Waxahachie, a municipal corporation of the County of Ellis and State of Texas, acting through its City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and of the City of ______________________, County of _______________, and State of _________________, Party of the Second Part, hereinafter termed

CONTRACTOR.

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

Grand Avenue Pavement and Striping Improvements

And all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the proposal attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints and other drawings and printed or written explanatory matter thereof, and the specifications therefor, and the bonds (if required) hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract.

AG -2

The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantial complete within 45 days of the notice to commence work and final completion within 60 days after the date of the written notice to commence work.

The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefor, subject to additions and deductions as provided in the General Conditions of the agreements and to make payments on account thereof as provided therein.

OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents, in current funds as follows:

At the unit prices shown on the Bid Form included in the Contract

Documents, of $_______________________ .

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

Party of the First Part Party of the Second Part

(OWNER) (CONTRACTOR)

CITY OF WAXAHACHIE, TEXAS

City Manager

ATTEST: ATTEST:

City…