SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR THE CONSTRUCTION OF

Austin Bank Elevated Storage Tank Rehabilitation

Bid No. 2026-_____________

FOR THE

CITY OF WHITEHOUSE, TEXAS

Mayor James Wansley

City Manager Leslie Black

City Council Members

Zack Briscoe Froncel Burns

Dr. John Chambers Michael Lowe Matt Lazarine

May 2026

Registration No.: F-928

110 N College Ave Ste 1800, Tyler, TX 75702

(903) 617-5839

SEALS PAGE

0-1

00 01 07 SEALS PAGE

Divisions 00, 01, 09, 31, 32, and 33 were prepared under the direction of and are released under the authority of:

Jason A. Snyder, P.E.

Project Engineer

110 N College Ave, Suite 1800 Tyler, TX 75702 Jason.Snyder@kimley-horn.com 903-253-9916

Division 26 was prepared under the direction of and are released under the authority of:

Sean Hudson, P.E.

Project Engineer

13455 Noel Road, Suite 700 Dallas, TX 75240 Sean.Hudson@kimley-horn.com 214-420-5633

EAN HUDSON i s • ~Ery sER-~~~s

TALBE OF CONTENTS

0-2

TABLE OF CONTENTS

TITLE PAGE 0-0

SEALS PAGE 0-1

TABLE OF CONTENTS 0-2

SECTION 1 BIDDING DOCUMENTS 1-1

NOTICE TO BIDDERS 1-2

INSTRUCTIONS TO BIDDERS 1-3

BID FORM 1-7

PROPOSAL/UNIT PRICE BID SCHEDULE 1-8

BID ITEM DESCRIPTIONS 1-12

BIDDER’S QUALIFICATION STATEMENT 1-16

STATE RECIPROCAL REQUIREMENT 1-20

NON-COLLUSION STATEMENT 1-20

CONFLICT OF INTEREST STATEMENT 1-21

FORM 1295 1-22

BID AFFIDAVIT 1-23

SECTION 2 CONTRACT DOCUMENTS 2-1

STANDARD FORM OF AGREEMENT 2-2

PREVAILING WAGE RATES 2-4

CERTIFICATE OF INSURANCE 2-5

PERFORMANCE BOND 2-6

PAYMENT BOND 2-8

MAINTENANCE BOND 2-10

SECTION 3 GENERAL CONDITIONS 3-1

SECTION 4 SUPPLEMENTARY CONDITIONS TO STANDARD SPECIFICATIONS 4-1

SECTION 5 SPECIAL TECHNICAL SPECIFICATIONS 5-1

DIVISION 01 – GENERAL REQUIREMENTS

01 31 13 – PROJECT COORDINATION

01 33 00 – SUBMITTALS

01 41 00 – REGULATORY REQUIREMENTS

01 50 00 – TEMPORARY FACILITIES

01 57 00 – TEMPORARY CONTROLS

01 77 00 – CLOSEOUT PROCEDURES

01 79 00 – CONTRACTOR SAFETY PLAN

DIVISION 09 - FINISHES

09 91 00 – POTABLE WATER TANK COATING

TABLE OF CONTENTS

0-3

DIVISION 26 – ELECTRICAL

26 00 10 – ELECTRICAL GENERAL PROVISIONS

26 01 10 – RACEWAYS

26 01 20 – WIRE AND CABLE

26 04 10 – UNDERGROUND

26 04 50 – GROUNDING

DIVISION 31 – EARTHWORK

31 25 00 – EROSION AND SEDIMENTATION CONTROLS

DIVISION 32 – EXTERIOR IMPROVEMENTS

32 92 19 – SEEDING & SODDING

DIVISION 33 – UTILITIES

33 16 19 – ELEVATED STEEL WATER STORAGE

TANK REHABILITATION

For this project, the City of Whitehouse Standard Details, City of Tyler Standard Construction Details, and the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges latest edition as prepared by the Texas Department of Transportation shall govern all work to be done, together with any additional Special Specifications or Specific Project Requirements included herein, are hereby incorporated by reference and shall govern all work to be performed. It shall be the responsibility of the bidder and/or contractor to obtain such referenced standards.

BIDDING DOCUMENTS

1-1

SECTION 1

1-2

NOTICE TO BIDDERS

CITY OF WHITEHOUSE

Notice is hereby given that the City of Whitehouse is now calling for bids for Austin Bank Elevated

Storage Tank Rehabilitation. All bids must be sealed and clearly marked “SEALED BID – Austin

Bank Elevated Storage Tank Rehabilitation, BID #2026-__________ and received by the City Secretary of the City of Whitehouse, 101 A Bascom Rd, Whitehouse, TX 75791, prior to August 7th, 2026 at 2:00 P.M. at which time they will be publicly opened and read in the Council Chambers, 311 E.

Main St, Whitehouse, TX. The City of Whitehouse reserves the right to reject any or all bids received.

The project includes, but is not limited to, the following major work items:

• Remove and dispose of existing interior and exterior coating systems

• Furnish and apply proposed coating systems

• Elevated storage tank interior ladder repair

• Removal and replacement of existing elevated storage tank bowl lighting

• Valve vault pipe and appurtenance coating

The Bidding and Contract Documents may be examined or obtained on-line by visiting www.civcastusa.com and clicking on the link to the advertised project. The Contract Documents may be downloaded, viewed and printed by interested contractors and/or suppliers.

A non-mandatory prebid meeting for the project will be held at the City of Whitehouse Council Chambers (311 E. Main St.) on July 29th, 2026 at 2:00 p.m. with a virtual call-in option. A link to the virtual option will be posted on the CIVCAST website in advance.

Questions concerning this project shall be submitted by July 31st, 2026 through www.civcastusa.com in the Q&A Portal. Questions submitted in e-mail or writing outside of the designated portal shall not be considered.

Bidders must submit a cashier's check, certified check, or acceptable bidder's bond with their proposal as a guarantee that the Bidder will enter into a contract for the project with the Owner within fifteen (15) days of Notice of Award of the contract. The security must be payable to City of Whitehouse in the amount of five (5%) percent of the bid submitted. Bid securities will be returned to bidders when the contract award is made or bids are rejected. Contractor must execute the contract, and provide bonds and certificates of insurance on the forms provided in the Contract Documents.

Contractors for this Project must pay no less than the prevailing wage rates for the area established by the Owner and included in the contract documents.

Performance, Payment, and Maintenance Bonds are required.

The City of Whitehouse reserves the right to adopt the most advantageous interpretation of the bids submitted in the case of ambiguity or lack of clearness in stating proposal prices, to reject any or all bids, and/or waive formalities. In the case of a mathematical discrepancy, the unit price bid shall be utilized in the bid evaluation. Bids may not be withdrawn within sixty (60) days from date on which bids are opened.

PUBLICATION DATES: July 15th, 2026 – TYLER MORNING TELEGRAPH July 22nd, 2026 – TYLER MORNING TELEGRAPH

To the extent required by Texas law, the Contractor verifies that himself and any subcontractors comply with Section 25 Verifications of the General Conditions which includes but is not limited to: (1) discrimination against firearm entities; (2) does not “boycott Israel”; (3) does not “boycott energy companies”; (4) does not engage in scrutinized business operations with Sudan, Iran, or designated foreign terrorist organization; and (5) is not majority of its stock or other ownership interest controlled by i) citizens of China, Iran, North Korea, Russia; or ii) a company or other entity that is owned by citizens of or controlled by the government of China, Iran, North Korea, Russia, or a designated country; nor is it headquartered in China, Iran, North Korea, Russia, or a designated country.

1-3

CITY OF WHITEHOUSE

INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS

Terms used in these Instructions to Bidders have the meanings assigned to them in the General Conditions.

2. QUALIFICATIONS OF BIDDERS

A. Submit documentation within five (5) days of Owner's request to demonstrate that the Contractor is qualified by experience and capability to successfully construct the project within the Contract Time and for the Contract Amount. Include the following information:

1. Qualifications and experience of the Bidders, including key personnel to be assigned to the project.

2. Qualifications and experience of Subcontractors.

3. Qualifications of manufacturers proposed to furnish the principal items of material or equipment.

4. Financial data consisting of audited financial statements for the last five years.

5. Previous experience with public contracts and present reference contacts.

6. List of available equipment.

7. Evidence of authority to conduct business in the jurisdiction where the project is located.

3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

A. Examine Contract Documents, make observations and investigations, correlate knowledge and observations with the requirements of the Contract Documents and consider these in preparation of a bid for the project.

1. Read the Contract Documents and related technical data and reports thoroughly. Use a complete set of Contract Documents in preparing Bids. Assume responsibility for errors or misinterpretations resulting from the use of partial or incomplete contract documents.

2. Visit the site to become familiar with general, local and site conditions that may affect cost, progress or performance of the work in any manner.

3. Become familiar with federal, state and local laws, ordinances, rules and regulations affecting cost, progress or performance of the work.

4. Notify City in the event that a discrepancy in terms, quantities, or otherwise is found in the examination of the Contract Documents.

B. Surveys and investigation reports of subsurface or latent physical conditions at the site, or conditions or situations affecting the design of the Project used by the Consulting Engineer in preparing the Contract Documents are referenced in the Appendices.

1. These reports are available for information only and neither the Owner nor Consulting Engineer guarantees their accuracy or that any opinions expressed in the report are correct.

2. Make additional surveys and investigations as necessary to determine the bid price for performance of the work in compliance with the terms of the Contract Documents before submitting a bid.

3. Cost for these investigations is to be paid by the Bidders.

C. Acknowledge sole responsibility for job site safety, including trench excavation and confined space entry safety, by the submission of a Bid for this project.

1-4

4. INTERPRETATIONS

Submit all questions about the meaning or intent of the Contract Documents to the Consulting Engineer through the CivCast Q&A portal identified in the Notice to Bidders. Replies are issued by Addenda to all parties recorded by Consulting Engineer as having received the bidding documents. Only questions answered by formal written Addenda are to be binding. Oral and other interpretations or clarifications will be without legal effect. Questions received less than three days prior to the date for opening of Bids may not be answered.

5. BID SECURITY

A. Submit a bid security in the amount of five (5%) percent of the amount of the maximum total bid as a guarantee that the Bidder will promptly enter into a Contract and execute Performance, Payment and Maintenance Bonds on the forms included in the Contract Documents if awarded the contract.

B. Acceptable Bid security are:

1. Certified or cashier's check made payable to the Owner.

2. An approved Bidder's Bond underwritten by a surety named in the current list of "Surety

Companies Acceptable on Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department.

C. Bid securities will be returned to bidders when the contract award is made or bids are rejected.

6. CONTRACT TIME

Time is of the essence on this project. Construction on Austin Bank Elevated Storage Tank Rehabilitation is to be substantially completed within 150 consecutive calendar days from the date of the notice to proceed. Final completion shall be within 180 consecutive calendar days from the date of the notice to proceed. Liquidated damages are set forth in the Supplementary Conditions.

7. BID FORM

A. Submit bids on the Bid forms provided with the Contract Documents for each contract Bid.

Include supplemental data to be furnished in the same sealed envelope with Proposal. The City reserves the right to select whichever alternative is in the best interest of the City.

B. Bid forms must be completed in ink or electronic bid forms will be provided upon request.

The Bid price of each item on the form must be stated in words and numerals. In the cases of discrepancy between unit prices and amounts, the unit price shown in figures shall stand and the amount and total will be adjusted to correspond to the unit price shown.

C. Execute bids by corporations in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. Affix the corporate seal and attest by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

D. Execute bids by partnerships in the partnership name. Forms are to be signed by a partner.

Print the name below the signature. Write the title of the Partner and show the official address of the partnership shown below the signature.

E. Acknowledge receipt of all Addenda on the bid form by signing beside the Addenda number.

The contractor must acknowledge receipt of Addenda on sealed bid envelop.

1-5

8. SUBMISSION OF BIDS

Paper bids shall be submitted at the location, date and time stated in the Notice to Bidders, then publicly opened and read aloud. Two identical copies of the bid shall be enclosed in an opaque sealed envelope and marked as stated in the Notice to Bidders. If the bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope marked and addressed as stated in Notice to Bidders. The bidder must submit Proof of Insurance and a Bid Bond in the amount of five percent (5%) of the bid amount to City Secretary. Originals must be submitted in the packet OR received by City Secretary before the Bid closing time.

9. MODIFICATION AND WITHDRAWAL OF BIDS

Modify or withdraw bids by submitting an appropriate document executed in the manner that a Bid must be executed. Deliver the modification or withdrawal to the place where Bids are to be submitted at any time prior to the Bid closing time .

10. OPENING OF BIDS

A. Bids will be opened as indicated in the Notice to Bidders.

B. All Bids shall remain open for the period of time set forth in the Notice to Bidders, but Owner may, in their sole discretion, release any Bid and return the Bid Security prior to that date.

11. AWARD OF CONTRACT

A. Owner may reject Bids, waive formalities, or disregard nonconforming, conditional Bids or counter proposals.

B. Owner may consider the following in evaluating the bids and awarding the contract:

1. Contractor's qualifications and ability to demonstrate current capability to complete the project in conformance with the requirements of the contract documents.

2. Compliance of the Bids with requirements of the Contract Documents

3. Alternates and unit prices if requested in the Bid forms.

4. The amount bid.

C. The contract will be awarded to the lowest responsible Bidder whose evaluation by Owner indicates that the award will be in the best interests of the Project if a contract is to be awarded.

12. EXECUTION OF CONTRACT

A. The successful Bidder must execute the formal Contract Agreement and required Bonds on the forms prepared and submitted by the Owner within fifteen (15) days after the Notice of Award.

B. A Notice to Proceed authorizing the Contractor to commence work will be issued after the Contract Documents have been executed.

13. WAGE RATES

Contractor must pay no less than the general prevailing rates for the Project location as determined in accordance with statutory requirements. The minimum rates for various labor classifications as established by the Owner are included in the Contract Documents.

14. BONDS

Performance, Payment and Maintenance Bonds are required for this project and shall be provided in accordance with the General Conditions.

1-6

15. SALES TAXES

The Owner qualifies as an exempt agency as defined by the statutes of the State of Texas.

Owner's purchasing department will issue exemption certificates. Comply with all statutes and rulings of the State Comptroller.

1-7

BID FORM

Submitted on: ______________________, 2026

PROPOSAL OF

(Company Name) Circle One: Individual Partnership Limited Partnership LLC Corporation

TO: THE CITY OF WHITEHOUSE

PROPOSAL FOR: Austin Bank Elevated Storage Tank Rehabilitation

BID # 2026-_________________________

The undersigned Bidder has carefully examined the Notice to Bidders, Instructions to Bidders, this Proposal, the Supplemental Conditions, the form of Contract Agreement and Bonds, the General Conditions of the Agreement, the Specifications, the Drawings, and the site of the work, and will provide all necessary labor, superintendence, machinery, equipment, tools, materials, services and other facilities to complete fully all the work as provided in the Contract Documents; and will execute the contract and bonds in the Contract Documents upon formal acceptance of their Proposal for the unit prices and amounts shown in the following table. Bidder shall provide base bid and alternate bids if applicable.

The undersigned bidder will execute the Contract Agreement within fifteen (15) days after receiving a Notice of Award and will furnish approved bonds and insurance as required by the Contract Documents for the faithful performance of the Contract. The attached bid security in the amount of five (5) percent of the amount bid is to become the property of the Owner as liquidated damages for the delay and additional work caused by the failure of the bidder to enter into a contract in the event the Contract Agreement and bonds are not executed within fifteen (15) days.

The undersigned agrees to complete all work covered by these Contract Documents within 180 consecutive calendar days from the date established for the start of the work in a written Notice to Proceed. The date established for the start of work will be not less than ten (10) days or not more than thirty (30) days after the date of the Contract Agreement, except by mutual agreement of the Owner and the Contractor.

Receipt is acknowledged of the following addenda:

DATE BY

Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4

Respectfully submitted, (SEAL) If Bidder is a Corporation By ______________________________

(Print Name and Title)

(Signature)

(Telephone)

(Email) (Address)

NOTE: Do not detach bid forms from other papers. Fill in with ink and submit complete with attached papers.

1-8

PROPOSAL/UNIT PRICE BID SCHEDULE

BID #2026-_____________

ELEVATED STORAGE TANK IMPROVEMENTS BASE BID

Item No.

Quantity Unit Description and Unit Price in Words Unit Price Total Price

1 1

LS Mobilization and Demobilization

Dollars and Cents

2 1 LS Performance and Payment Bonds and Insurance

3 1

LS 0.1 Million Gallon Elevated Storage

Tank Shrouding, Exterior and

Interior Painting, Coating, Surface

Preparation, and Application

4 1

LS Elevated Storage Tank Logos

5 1

EA Install Gasket on Elevated Storage

Tank Roof Hatch

6 6

EA Replace Interior Ladder Rungs

Bid Form continues on the following sheet.

1-9

No.

7 13

EA Remove Plastic Plugs and Install

Stainless Steel Plugs

8 1

LS Install Gaskets on Wet Riser Access

Hatch Plates

9 1

EA Install Stainless Steel Sample Tap on

Wet Riser

10 12

EA Replace Anchor Bolt Nuts on

Elevated Storage Tank Leg Footings

11 1 LS Install LED Lighting (Balcony

Replacement with Existing Conduit and Wiring)

12 1

LS Pipe and Valve Surface Preparation, Coating, and Application

1-10

No.

13 5

EA Remove and Replace Pipe Supports

TOTAL BASE BID $ __________________________

1-11

BID ALTERNATES

No.

Alt 1 1

LS Remove Existing Interior Ladder and

Replace with Stainless Steel Fixed

Ladder

Alt 2 1

LS Remove & Replace Existing Above-

Grade Conduit, Duct Bank, and

Associated Wiring

1-12

BID ITEM DESCRIPTIONS

As listed in the Bid, construction pay items shall be measured and paid for in accordance with the applicable measurement and payment paragraphs of the applicable specification, unless modified by these Bid Item Descriptions or the Special Technical Specifications. All items shall include full compensation for all labor, materials, equipment, and all appurtenances necessary to complete the work.

Bid Item 1: Mobilization and Demobilization The work under this item shall include the mobilization and demobilization of the contractor’s forces and equipment necessary for performing the work under this project. This pay item shall encompass mobilization and demobilizations costs for the entire project. The price of this shall not exceed 5% of the total contract.

Mobilization will be measured as a lump sump item. Payment shall be at the lump sum price bid. Payment will be made as the work progresses, for a maximum of 50% of the lump sum price bid for initial mobilization and the remaining 50% at demobilization.

Bid Item 2: Performance and Payment Bonds and Insurance This item covers the costs of bonds and insurance and shall be governed by General Conditions. The price of this item shall not exceed the maximum amount shown in the bid proposal.

Bonds and insurance will be measured as a lump sum item. Payment shall be at the lump sum price bid.

Bid Item 3: 0.1 Million Gallon Elevated Storage Tank Shrouding, Exterior and Interior Painting, Surface Preparation, and Application This item includes all equipment, materials, and services required to prepare the surface, shrouding, and paint the interior and exterior of the existing Austin Bank 0.1 MG Elevated Storage Tank in accordance with the Contract Documents. This item does not include tank logos.

Payment for this item shall be on a lump sum basis.

Bid Item 4: Elevated Storage Tank Logos This item includes all equipment, materials, and services required to paint four (4) tank logos in accordance with Details 2/D2 and 3/D2 and the Contract Documents.

Payment for this item shall be on a lump sum basis.

Bid Item 5: Install Gasket on Elevated Storage Tank Roof Hatch This item includes all labor, tools, materials, equipment, and incidentals necessary to install a gasket on the tank roof hatch in accordance with Detail 1/D1 and the Contract Documents. Installation shall be performed to ensure a proper seal and long-term performance.

Measurement and payment shall be per each completed installation.

Bid Item 6: Replace Interior Ladder Rungs This item includes all labor, tools, materials, equipment, and incidentals necessary to remove existing interior ladder rungs and replace them with new rungs in accordance with Details 1/D3 and 2/D3 and the Contract Documents. All work shall be performed in accordance with applicable safety standards.

Measurement and payment shall be per each rung replaced.

1-13

Bid Item 7: Remove Plastic Plugs and Install Stainless Steel Plugs This item includes all labor, tools, materials, equipment, and incidentals necessary to remove existing plastic plugs and install stainless steel plugs at designated locations in accordance with Detail 2/D1 and the Contract Documents.

Measurement and payment shall be per each plug replaced.

Bid Item 8: Install Gaskets on Wet Riser Access Hatch Plates This item includes all labor, tools, materials, equipment, and incidentals necessary to install gaskets on wet riser access hatch plates in accordance with Detail 4/D2 and the Contract Documents. Installation shall ensure a secure and watertight seal.

Measurement and payment shall be on a lump sum basis.

Bid Item 9: Install Stainless Steel Sample Tap on Wet Riser This item includes all labor, tools, materials, equipment, and incidentals necessary to install a stainless steel sample tap on wet riser in accordance with Detail 4/D3 and the Contract Documents. Installation shall ensure a secure and watertight tap.

Measurement and payment shall be per each tap installed.

Bid Item 10: Replace Anchor Bolt Nuts on Elevated Storage Tank Leg Footings This item includes all labor, tools, materials, equipment, and incidentals necessary to replace twelve (12) anchor bolt nuts on tank leg footings in accordance with Detail 5/D3 and the Contract Documents.

Measurement and payment shall be per each bolt nut replaced.

Bid Item 11: Install LED Lightning (Balcony Replacement with Existing Conduit and Wiring This item includes all labor, tools, materials, equipment, and incidentals necessary to protect and reuse all existing lighting conduit, conductors, and ductbank for installation of new elevated storage tank lighting.

Contractor shall utilize existing conduit tees and make connections to existing conduit as required to install new elevated storage tank lighting to achieve the result of the photometric study.

Measurement and payment shall be on a lump sum basis.

Bid Item 12: Pipe and Valve Surface Preparation, Coating, and Application This item includes all labor, tools, materials, equipment, and incidentals necessary to prepare surfaces and apply specified coatings to pipes and valves within the valve vault as in accordance with Detail 1/D4.

Bid Item 13: Remove and Replace Pipe Supports This item includes all labor, tools, materials, equipment, and incidentals necessary to remove existing pipe supports and install new supports in accordance with Details 1/D4 and 2/D4 and the Contract Documents.

Measurement and payment shall be per each pipe support replaced.

Bid Alternate 1: Remove Existing Interior Ladder and Replace With Stainless Steel Fixed Ladder This item includes all labor, tools, materials, equipment, and incidentals necessary to remove the existing interior ladder and furnish and install a new stainless steel fixed ladder in accordance with Detail 3/D3 and the Contract Documents.

1-14

Bid Alternate 2: Remove & Replace Existing Conduit and Wiring, and Duct Bank This item includes all labor, tools, materials, equipment, and incidentals necessary to field verify, demolish, and remove all existing elevated storage tank lighting conduit, conductors, and ductbank.

Contractor shall replace with 1-inch conduit containing 2-#12 AWG power conductors and a 1-#12 grounding conductor. Contractor shall route from existing photocell to PSLED P1 50K 65 elevated storage tank lights.

1-15

ALL BIDDERS ARE NOTIFIED THAT THE FOLLOWING QUALIFICATION STATEMENT

MUST BE COMPLETED AND SUBMITTED WITHIN FIVE DAYS OF THE BID PROPOSAL.

CONTRACTOR’S QUALIFICATIONS

The contractor shall show they have experience with similar tank rehabilitation projects that require work at heights, confined space entry, structural steel repairs, coating removal and application, interior ladder and appurtenance replacement, valve vault rehabilitation, and construction adjacent to active water facilities, which requires the contractor to plan work efforts and equipment needs with these limitations in mind. The contractor shall submit a list of similar Public Works Projects successfully completed within the last five years. This list shall include the names of supervisors and type of equipment used to perform this work.

1-16

BIDDER’S QUALIFICATION STATEMENT

Project:

Contractor:

Indicate One: ____Sole Proprietor ____Partnership ____Other ____Corporation ____Joint Venture

Name:

Title:

Address:

City:

State & Zip:

Phone:

State and Date of Incorporation, Partnership, Ownership, Etc.

Location of Principal Office:

Contact and Phone at Principal Office:

Liability Insurance Provided and Limits of Coverage:

Workers Compensation Insurance Provider:

Surety Bonding Company (Performance, Payment, & Maintenance)

Insurance Agency Name:

Insurance Agency Address:

Contact Person:

Phone Number:

Total Number of Employees to be Associated with this Job:

____Managerial ____Administrative ____Professional ____Skilled ____Semi-Skilled ____Other

Percentage of Work to be Done by Bidder’s Employees (Based on Dollars Bid): _______

1-17

Type(s) of Work to be Done by Bidder’s Employees (Examples: Concrete Paving, Structural Concrete, Water Lines, Sanitary Sewer Lines, Storm Pipe, Storm Inlets, Excavation, Lime, Bridge, Fencing, etc.)

Access to Tools and Equipment: Percent Owned _____ Percent Rented ______

Number of Years in Business as a Contractor on Above Types of Work:

Type(s) of Work to be Done by Sub-Contractors:

Include Name, Address, and Phone Number of Sub-Contractor. (e.g., Surveying, Striping, Electrical- use Additional Sheets, if needed.)

Type of Work Sub-Contractor

List your most current completed projects, with information, similar to the type of work bid.

(Use Additional Sheets, if necessary.)

Project Description:

Owner/Agency:

Year Built: Contract Price:

Contact Person: Phone:

1-18

1-19

Trade References (List Company, Address, Contact Person, and Phone):

Bank References (List Institution, Address, Contact Person, and Phone):

Claims and Suits (If the answer to any of the questions is yes, please attach details):

Has your organization ever failed to complete any work awarded to it?

Are there any judgments, claims, arbitration proceedings, or suits pending or outstanding against your organization or its officers?

Has your organization filed any lawsuits or requested arbitration with regard to construction contracts within the last five years?

Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract?

1-20

STATE RECIPROCAL REQUIREMENT

The City of Whitehouse, as a governmental agency of the State of Texas, may not award a contract for general construction, improvements, services or public works projects or purchases of supplies, materials, or equipment to a non-resident bidder unless the non-resident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder to obtain a comparable contract in the state in which the non-resident's principal place of business is located (Article 601g v.t.c.s.). Bidder shall answer all the following questions by encircling the appropriate response or completing the blank provided.

1. Where is your principal place of business? __________

2. Only if your principal place of business is not in the state of Texas, please indicate:

A. In which state is your principal place of business located? ____________________

B. Does that state favor resident bidders (bidders in your state) by some dollar increment or percentage? YES NO

C. If "YES", what is that dollar increment or percentage? ______________________

NON-COLLUSION STATEMENT

The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other Bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employer or agent to any other person engaged in this type of business prior to the official opening of this bid.

Vendor:

City, State, Zip:

Phone

Email Address:

Bidder (Print name)

Bidder Signature

Position with Company

Signature of company official authorizing this bid:

Company Official (Print name):

Position with company:

1-21

CITY OF WHITEHOUSE DISCLOSURE AND

CONFLICT OF INTEREST STATEMENT

Name of person/entity (“the Filer”) that contracts or seeks to contract for the sale or purchase of property, goods, or services with the City of Whitehouse or who is an agent of any such person/entity:

Address:________________________________________________City_______________________State______Zip

DISCLOSURE QUESTIONS

Name each City employee that has a financial interest in the Filer.

Name each City employee who will receive any compensation for or as a result of the desired business dealings.

CONFLICT OF INTEREST QUESTIONS

1. Describe each affiliation or business relationship with a City employee or contractor who makes recommendations to the City Administrator or City Council regarding expenditures of money, including identifying the employee or contractor.

2. Describe each affiliation or business relationship with the City Administrator, Mayor, or a City Council member who appoints or employs the City Administrator or the City Council, including identifying the City Administrator, Mayor, or individual Councilmember.

3. Identify the City Administrator, Mayor, or City Councilmember with whom the Filer has an affiliation or business relationship. This question and its subparts must be completed for each person with whom an affiliation or other relationship exists.

A. Is the person identified in question #3 receiving or likely to receive taxable income from the Filer?

Yes No

B. Is the Filer receiving or likely to receive taxable income from or at the direction of the person identified in question #3 which is not from the City? ______ Yes ______ No

C. Is the Filer affiliated with a corporation or other business entity in which the City Administrator, Mayor, or a City Councilmember serves as an officer or director, or holds an ownership of ten percent (10%) or more? Yes No

D. Describe each affiliation or business relationship that the Filer has with the City Administrator, Mayor, or City Council members. Yes No

4. Describe any other affiliation or business relationship that might cause a conflict of interest.

CERTIFICATION

I certify that all information provided is true and correct, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City as changes occur.

Print or Type Name

Signature Date

1-22

FORM 1295

INSTRUCTIONS

Form 1295 – Certificate of Interested Parties Pursuant to Texas Government Code §2252.908 the successful vendor must file a Certificate of Interested Parties (Form 1295) with the Texas Ethics Commission prior to award of the contract. Failure to file and send the completed form within five

(5) business days of request may be grounds for declaring vendor non-responsive to specifications.

Information regarding this form may be found on the Texas Ethics Commission’s website at www.ethics.state.tx.us. Form 1295 Sample:

1-23

BID AFFIDAVIT

The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all commodities upon which prices are extended at the price offered, and upon the conditions contained in the Specifications of the Notice to Bidders. The period of acceptance of this bid will be 60 calendar days from the date of the bid opening. (Period of acceptance will be sixty (60) calendar days unless otherwise indicated by Bidder.)

STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the State of TEXAS, on this day personally appeared who after being by me Name duly sworn, did depose and say:

"I, am a duly authorized office/agent for Name and have been duly authorized to execute the Name of Firm foregoing on behalf of the said .

Name of Firm

I hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder or individual(s) engaged in the same line of business prior to the official opening of this bid. Further, I certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool, agreement or combination thereof, to control the price of services/commodities bid on, or to influence any individual(s) to bid or not to bid thereon."

Name and Address of Bidder:

Telephone:

by:

Title: Signature: ________________________________________

SUBSCRIBED AND SWORN to before me by the above named on this the __________________ day of ________________________________________20__.

Notary Public in and for the State of TEXAS

1-24

If BIDDER IS:

An Individual By_________________________________________________________________________(Seal) (Individual's Name) doing business as ________________________________________________________________

Business address ________________________________________________________________

______________________________________________ Phone No. _______________________

A Partnership By (Seal) (Firm Name)

(General Partner) Business address Phone No.

A Corporation By (Corporation Name)

(State of Incorporation) By (Name of person authorized to sign)

(Title) (Corporate Seal) Attest__________________________________________________________________________ (Secretary) Business address

Phone No.

A Joint Venture By____________________________________________________________________________ (Name) (Address) By____________________________________________________________________________

(Name) (Address) (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a partner to the joint venture should be in the manner indicated above.)

CONTRACT DOCUMENTS

2-1

SECTION 2

2-2

STANDARD FORM OF AGREEMENT

STATE OF TEXAS

COUNTY OF SMITH

THIS CONTRACT, made and entered into the day of A.D.

20 , by and between the City of Whitehouse of the County of Smith and State of Texas, hereinafter “the City”, and of the City of , County of and State of Texas, hereinafter “the Contractor”.

In consideration of the mutual covenants, promises, and agreements herein contained, the City and the Contractor hereby agree that the Contractor will commence and complete the construction of certain improvements described as follows:

and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at the Contractor’s 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 Notice to Contractors, General and Supplementary Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda therefore, as prepared by the City and attached hereto, together with the Contractor’s written Proposal, the General Conditions of the Agreement, the Performance and Maintenance Bond, and Payment Bond hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract.

The Contractor hereby agrees to commence work within ten (10) calendar days after the date of the written notice to commence work and to fully complete the same within 180 consecutive calendar days after the date of the written Notice to Proceed for Austin Bank Elevated Storage Tank Rehabilitation, subject to such extensions of time as are provided by the General and Supplementary Conditions.

The City agrees to pay the Contractor in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Supplementary Conditions of the contract.

2-3

IN WITNESS WHEREOF, the parties hereto have executed this contract in the year and day first above written.

APPROVED BY THE CITY COUNCIL OF THE CITY OF WHITEHOUSE, TEXAS:

By: ___________________________________

LESLIE BLACK, City Manager

ATTEST APPROVED AS TO FORM:

By: ______________________________________

(Full Name), (Title)

CONTRACTOR

By: ______________________________________

(Full Name), (Title)

2-4

PREVAILING WAGE RATES

FOR MUNICIPAL CONSTRUCTION IN SMITH COUNTY, TEXAS

The wage rates, in accordance with statutory requirements and prevailing local wages, have been determined by Smith County, Texas. The CONTRACTOR shall comply with all State and Federal Laws applicable to such work. The OWNER adopts updated rates on an annual basis. Rates the

OWNER adopts are minimum rates. Bidders shall base their bids on rates they expect to pay, if in excess of those adopted by the OWNER. The OWNER will not consider claims for extra payment to CONTRACTOR on account of payment of wages higher than those specified.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR. 5.5 (a)

(1) (v)).

2-5

CERTIFICATE OF INSURANCE

After award of contract, Contractor will provide Owner with Certificate of Insurance which will be executed and bound here with final documents.

2-6

PERFORMANCE BOND

STATE OF TEXAS §

§ KNOW ALL MEN BY THESE PRESENTS:

COUNTY OF SMITH §

That of the City of ___________________ , County of and State of Texas, as Principal, and authorized under the laws of the State of Texas to act as Surety on bonds for Principal, are held and firmly bound unto the City of Whitehouse (Owner), in the penal sum of

($ ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents:

WHEREAS, the Principal has entered into a certain written contract (Contract) with the Owner, dated the day of , 20 to construct:

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 said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, 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 as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein.

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

2-7

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

Principal Surety

By: By

Title: Title:

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

2-8

PAYMENT BOND

That of the City of , County of and State of Texas, as Principal, and _______________________ authorized under the laws of the State of Texas to act as Surety on bonds for Principal, are held and firmly bound unto the City of Whitehouse (Owner), in the penal sum of ($ ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents:

WHEREAS, the Principal has entered into a certain written contract (Contract) with the Owner, dated the day of , 20 to construct:

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 as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein.

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

2-9

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

Principal Surety

By: By

Title: Title

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

2-10

MAINTENANCE BOND

Bond No. ________________

That we, (hereinafter called Principal), and a corporation organized under the laws of the State of Texas and authorized to do a surety business in the State of Texas, (hereinafter called Surety), are held and firmly bound unto the City of Whitehouse, Texas (hereinafter called the City) in the full and just sum of ($ ), lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Principal has performed construction which has been or is about to be completed and accepted by the City for the project known as Austin Bank Elevated Storage Tank

Rehabilitation, BID #2026-_____________, located in Whitehouse, Texas.

AND WHEREAS, it is required that the Principal should guarantee the project from defects caused by faulty or defective materials, workmanship, or design for a period of two years from and after the date of acceptance of the completed project by the City.

NOW, THEREFORE, if the Principal shall for a period of two years from and after the date of acceptance of the completed project by the City replace any and all defects arising in said work whether resulting from faulty or defective materials, workmanship, or design, then the above obligation shall be null and void; otherwise the obligation shall remain in full force and effect for two years from the date of acceptance of the completed project by the City.

The City shall notify the Principal in writing of any defects for which the Principal is responsible and shall specify in said notice a reasonable time within which the Principal shall have to correct said defects. If the Principal fails to correct said defects within the time specified in said notice, the City, in its discretion, may permit the Surety to correct said defects. If the City allows the Surety to correct said defects, the Surety shall have sixty (60) days thereafter within which to take such action as it deems necessary to insure performance of the Principal’s obligation.

2-11

If such defects are not corrected after the time period specified in the notice or after the expiration of the sixty (60) day time period, whichever is applicable, the City shall have the right to correct the defects, and the Principal and Surety, jointly and severally, shall pay all costs and expenses incurred by the City in correcting the defects, including, but not limited to, the engineering, legal and other costs, together with any damages either direct or consequential, which the City sustains, or may sustain, on account of the

Principal’s failure to correct the defects. In addition, the City shall have the right to contract for the correction of said defects and, upon acceptance of a bid in accordance with the City’s normal bidding process, the Principal and Surety shall become immediately liable for the amount of the bid. In the event that the City commences legal proceedings for the collection thereof, interest shall accrue on said amount at the rate of six (6) percent per annum, beginning at the commencement of said legal proceedings.

If the City commences suit for collection of any sums due hereunder, the Principal and Surety, jointly and severally, agree to pay all costs and expenses incurred by the City, including, but not limited to, attorney’s fees.

IN WITNESS WHEREOF, the parties have caused this instrument to be signed and sealed by their respective authorized officers this of , 20 .

PRINCIPAL: SURETY:

BY: BY:

ADDRESS: ,ATTORNEY-IN-FACT

ADDRESS:

WITNESS AS TO PRINCIPAL

GENERAL CONDITIONS

3-1

SECTION 3

3-2

1. DEFINITIONS: Wherever used in the Contract Documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof.

1.1 Acceptance, Final Acceptance: The formal action by the City in accepting the Work as being complete.

1.2 Addenda: Written or graphic supplemental documents issued prior to the opening of bids that modify or interpret the Contract Documents, by additions, deletions, clarifications, or corrections.

1.3 Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the work to be performed.

1.4 Bidder: Any individual, partnership, corporation, or combination thereof submitting a proposal for the Work contemplated, acting directly or through an authorized representative.

1.5 Bonds: Bid, performance, payment and/or maintenance bonds and other instruments or security, furnished by the Contractor and their surety in accordance with the Contract Documents.

1.6 Change Order: A document recommended by the Consulting Engineer which is signed by the Contractor and City and authorizes an addition, deletion, or revision in the Work, which may include an adjustment in the Contract Price and/or the Contract Time, issued on or after the Effective Date of the Construction Agreement (Agreement”).

1.7 City: The City of Whitehouse, Texas with whom the Contractor has entered into the

Agreement and for whom the Work is to be provided.

1.8 City Project Representative: The City’s duly authorized representative overseeing the

City’s administration of the Agreement and the Contractor’s performance thereunder.

Unless specifically provided otherwise in the Contract Documents, the City Project Representative is an employee of the City of Whitehouse and is not the Consulting Engineer.

1.9 Claim: A demand or assertion by City or Contractor seeking an adjustment in Contract

Price or Contract Time or both, or other relief with respect to the terms of the Agreement.

A demand for money or services by a third party is not a claim.

1.10 Construction Agreement: The written instrument between the City and Contractor covering the work to be performed. The Agreement supersedes prior negotiations, representations, or agreements, whether written or oral.

1.11 Consulting Engineer: The person, firm or entity hired as an independent Consultant by the

City to design the Project and represent the City in the administration of the Agreement in whatever capacity the City designates.