1-Bid Book 45-26 - Open Channel Maintenance.pdf

SPECIFICATIONS AND

CONTRACT DOCUMENTS

FOR

Annual Requirements Contract for Open Channel Maintenance

Bid 45-26

Prepared By:

CITY OF RICHARDSON

2360 CAMPBELL CREEK BLVD., SUITE 525

RICHARDSON, TEXAS 75082

June 2026

6/8/2026

Table of Contents

I. Notice to Contractors

II. Proposal

III. Bid Schedule

IV. Bid Schedule Signature Page

V. Contract Agreement

VI. General Provisions

VII. Insurance Requirements

VIII. Contractor Questionnaire

IX. Conflict of Interest Questionnaire

X. Certificate of Interested Parties

XI. Performance Bond

XII. Payment Bond

XIII. Maintenance Bond

XIV. Contractor’s Final Affidavit

XV. Price Adjustment Clause for Annual Contracts

XVI. Special Specifications

XVII. Project Sign Template

XVIII. Additional Requirements and Specifications

Accommodation requests for persons with disabilities should be made by contacting ADA Coordinator via email at adacoordinator@cor.gov, or by appointment at 2360 Campbell Creek Boulevard, Suite 535, Richardson, Texas 75082.

NOTICE TO CONTRACTORS

CITY OF RICHARDSON

Annual Requirements Contract for Open Channel Maintenance

Bid No. 45-26

Electronic bids through BonFire at COR.BonFireHub.com or sealed bids shall be addressed to the Purchasing

Manager and received in the Purchasing Department located in the City Hall Building at 2360 Campbell Creek Boulevard, Suite 525, Richardson, Texas 75082, prior to 2:00 p.m. on Thursday, July 9, 2026. Bids will be opened and read aloud at 3:00 p.m. the same day via www.zoomgov.com, for furnishing all labor, materials, tools and equipment, and performing all work required including all appurtenances for:

The Open Channel Maintenance Program consists of removing vegetation, sedi-ment, and debris from City owned waterbodies and gabions to help reduce the risk of flooding and erosion to drainage channels. The contract will be for a period of 12 months beginning on the construction start date as indicated in the Notice to Proceed letter. The contract may be renewed at the option of the City for two (2) additional one (1) year periods under the same terms and conditions of the initial contract, if mutually agreed upon by both parties.

Bids shall be accompanied by a certified or cashier's check on a state or national bank in an amount not less than five percent (5%) of the possible total of the bid submitted, payable without recourse to the City of Richardson, Texas, or an acceptable bid bond for the same amount from a reliable surety company as a guarantee that the bidder will enter into a contract and execute required Performance and Payment Bonds within ten (10) days after notice of award of the contract.

The successful contractor must furnish a Performance Bond upon the form provided in the amount of one hundred percent (100%) of the contract price, a material and labor Payment Bond upon the form provided in the amount of one hundred percent (100%) of the contract price, and a Maintenance Bond upon the form provided in the amount of one hundred percent (100%) of the contract price, from a surety authorized under the laws of the State of Texas to act as a surety on bonds for principals within ten (10) days after the notice of award of the contract.

The right is reserved, as the interest of the Owner may require, to reject any and all bids, to waive any informality in the bids received, and to select the bid best suited to the Owner's best interest. The successful contractor must have completed a minimum of three similar projects within the last five years.

The construction is expected to take 180 calendar days.

A set of plans, specifications and bid documents will be available beginning at 2:00 p.m. on Thursday, June 11, 2026. Documents are available at no charge through BonFire at COR.BonFireHub.com.

A voluntary pre-bid meeting will be held on Thursday, June 25, 2026 at 2:00 p.m. via www.zoomgov.com. All requests for additional information or clarification concerning this invitation to bid must be submitted, in writing, no later than Friday, June 26, 2026 at 12:00 p.m. Central Time. All questions must be submitted through the BonFire system and answers will be posted on COR.BonFireHub.com for all prospective Bidders to review. For any questions not able to be submitted through Bonfire prior to the question deadline, please contact purchasing at 972-744-4130 or purchasing@cor.gov.

Nonmaterial changes to the request for bids and any extension of the date for submission of bids and the date for bid opening will be communicated through BonFire at COR.BonFireHub.com via addendum.

By: /s/ Amir Omar, Mayor City of Richardson P. O. Box 830309

Richardson, Texas 75083 mailto:adacoordinator@cor.gov https://cor.bonfirehub.com/projects https://cor.bonfirehub.com/projects https://cor.bonfirehub.com/projects mailto:purchasing@cor.gov https://cor.bonfirehub.com/projects

PROPOSAL

TO

THE CITY OF RICHARDSON, TEXAS

Performing All Work Required for the Construction of the

Bid No. 45-26

The undersigned as bidder, declares that the only person or parties interested in this Proposal as principals are those named herein, that this Proposal is made without collusion with any other person, firm or corporation; that he has without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, Notice to Contractors, specifications and the plans therein referred to and has carefully examined the locations, conditions, and classes of materials of the proposed work, and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed therein and according to the requirements of the Engineer as therein set forth.

It is understood that the following quantities of work to be done at unit prices are approximate only and are intended principally to serve as a guide in evaluating bids.

It is further agreed that the quantities of work to be at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications.

It is further agreed that the lump sum prices may be increased to cover additional work ordered by the Engineer, but not shown on the plans or required by the specifications in accordance with the provisions of the Special Conditions. Similarly, they may be decreased to cover deletion of work so ordered.

Bids shall be accompanied by a certified or cashier's check on a state or national bank in an amount not less than five percent (5%) of the possible total of the bid submitted, payable without recourse to the City of Richardson, Texas, or an acceptable bid bond for the same amount from a reliable surety company as a guarantee that the bidder will enter into a contract and execute required Performance and Payment Bonds within ten (10) days after notice of award of the contract.

The bid security accompanying this Proposal shall be returned to the bidder, unless, in case of the acceptance of the Proposal, the bidder shall fail to execute a contract and a Performance Bond within ten (10) days after its acceptance, in which case the bid security shall become property of the Owner, and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure by the bidder. It is understood that the Owner reserves the rights to reject any and all bids and to waive any informality in the bids received.

No Item Quantity

Unit of

Measure Unit Price Total Cost

#0-1 Mobilization, Insurance and Bond 1 Lump Sum

#0-2 Project Sign 1 Each

#0-3 Remove and dispose of all of all debris, vegetation, weeds, brush, wooded vegetation, trees, etc. from City owned gabions 300 Linear Feet

#0-4 Remove and dispose of all of all debris, vegetation, weeds, brush, wooded vegetation, trees, etc. from channel 3900 Linear Feet

#0-5 Remove and dispose of all of all debris, vegetation, weeds, brush, wooded vegetation, trees, etc. from concrete lined channel 4500 Linear Feet

#0-6 Remove and dispose of all of all debris, vegetation, weeds, brush, wooded vegetation, trees, etc. from creek 100 Linear Feet

#0-7 Remove all debris from outfall structure 20 Each

#0-8 Remove and dispose of all acumulating debris and sediment at culvert 20 Each

#0-9 Remove and dispose of all acumulating debris and sediment at bridge crossing 5 Each

#0-10 Remove and dispose of all acumulating debris and sediment at aerial sewer crossing 5 Each

#0-11 Tree Removal Small: up to 8-inch diameter, including strump removal, cleanup, haul off, and disposal 20 Each

#0-12 Tree Removal Large: larger than 8-inch diameter, including strump removal, cleanup, haul off, and disposal 10 Each

#0-13 Removal of Tree stump, including haul off and disposal 10 Each

#0-14 Remove and Replace Gabion Mattress 5 Cubic Yard

#0-15 Remove and Replace Gabion Basket 5 Cubic Yard

#0-16 Repair Gabion Basket or Mattress 10 Each

#0-17 Rip-rap 10 Cubic Yard

#0-18 Select fill 100 Cubic Yard

#0-19 Block sodding 500 Square Yard

#0-20 Turf Reinforced Mat 300 Square Yard

#0-21 Hourly Cost for Additional Work Requested 100 Hour

Grand Total:

Basket Total:

Annual Requirements Contract for

Bid Schedule - Bid # 45-26 Open Channel Maintenance

CPT-BidSig1

CONTRACT BID SCHEDULE

CITY OF RICHARDSON

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

The undersigned Bidder hereby declares that he has visited the site of the work to be performed and has carefully examined the Contract Documents pertaining to the work covered by the above Bid, and further agrees to commence work within ten (10) calendar days after date of written notice to proceed and to substantially complete the work within the contract time specified within the contract documents.

The undersigned Bidders understands that the Owner reserves the right to reject any or all Bids, to waive any informalities in the Bidding, and to select the combination of base bid and alternates as deemed to be in the best interest of the Owner.

SEAL

(If Proposer is a Corporation)

Company

Signed

By

Title

Address

City State Zip

Email Address:

Telephone: Fax #:

Dun & Bradstreet #

Addendum No. _____ Date Rec'd Signature

Addendum No. _____ Date Rec'd Signature

Addendum No. _____ Date Rec'd Signature

Enclosed with this project is a Certified Check in the amount of:

or a Proposal Bond in the sum of:

which it is agreed shall be collected and retained by the Owner in the event this proposal is accepted by the Owner within ninety (90) days after the bids are received and the undersigned fails to execute the contract and the required bonds for the Owner within ten (10) days after the dated said proposal is accepted, other-wise said check or bond shall be returned to the undersigned upon request.

Bid No. 45-26 Annual Requirements Contract for Open Channel Maintenance

STATE OF TEXAS §

COUNTY OF DALLAS §

KNOW ALL MEN BY THESE PRESENTS:

THIS CONTRACT is made and entered into on _______________, 202____, by and between the

City of Richardson, Texas (hereinafter referred to as "Owner" or “City of Richardson,” or “City”) and

(hereinafter referred to as "Contractor"). In consideration of the mutual covenants hereinafter set forth, the

Owner and Contractor agree as follows:

Article I. Work

The Contractor shall perform all of the work as specified in the Contract Documents. The work is generally described as follows:

Bid No:______________.

Project Title: _________________________________________________________________________.

Plans and Specifications are prepared by:

The intent of this Contract is to require complete, correct and timely execution of the Work. Any Work that may be required, implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Contractor for the Contract Price. All extra work shall be performed as specified or indicated in the Contract Documents; and, at the Contractor’s own cost and expense, the Contractor shall furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services as may be necessary in order to complete the construction, as described above and in accordance with the Contract Documents unless otherwise agreed to by the Owner. The Contractor shall always and in all respects observe and comply with all federal, state and local laws, ordinances, and regulations applicable to the Project and Work and shall ensure that all Subcontractors observe and comply with said laws, ordinances and regulations.

Article II. Contract Documents

The Contract Documents consist of: this written agreement setting forth the work to be performed; the

Standard Specifications of the Public Works Construction Standards, North Central Texas, Fifth Edition, published by the North Central Texas Council of Governments, as amended (the “COG Standard

Specifications”); the General Provisions; General Conditions, if any; advertisement, if any; instructions to bidders, if any; Contractor’s proposal; addendum; specifications, including the general, special, and technical conditions, specifications, provisions, plans, or working drawings; any supplemental changes or agreements pertaining to the work or materials thereof; bonds; the City of Richardson Standard Details and

Specifications, as amended; and any additional documents incorporated by reference. These form the

Contract Documents, and all are as fully a part of the Contract as if attached to this agreement or repeated herein. This Contract is intended to be an integral whole and shall be interpreted as internally consistent.

What is required by any one Contract Document shall be considered as required by the Contract. The

Contract Documents may only be altered, amended or modified as provided in the General Provisions.

Article III. Contract Time

The Contractor shall perform and complete all the items of work listed and referred to in the Contract

Documents within ________ calendar days. If the Contract is an annual agreement involving task/work orders, all items of work shall be completed promptly unless otherwise specified in the task/work order.

The timely completion of all work, and compliance with all work schedules are material terms of this contract and all limitations of time set forth herein are material and are of the essence of this Contract.

Date of Commencement and Substantial Completion. The date of commencement of the Work shall be the date set forth in the Owner’s Notice to Proceed. Work shall commence within ten (10) days of the date set forth therein. The Contractor shall achieve substantial completion within the number of calendar days set forth herein. "Substantial Completion" shall mean that stage in the progression of the Work when the Work is sufficiently complete in accordance with this Contract that the City can enjoy beneficial use or occupancy of the Work and can utilize the Work for its intended purpose, even though minor miscellaneous work and/or adjustment may be required. Final completion, described as the full completion of all Work following final inspection and certification by the Engineer that the Work is complete and in full accordance with the Contract Documents, shall be achieved no more than 30 days after substantial completion, unless otherwise extended by agreement of the parties.

Article IV. Contract Price

The Owner shall pay, and the Contractor shall accept, as full and complete payment for all the Work required herein, the fixed sum of

________________________________________________($__________). The sum set forth in this

Article constitutes the Contract Price which shall not be modified except by written Change Order as provided in the Contract Documents. The Owner shall pay the Contractor for completion of the work in accordance with the Contract Documents using current funds. Such payments shall be subject to the

General and Special Specifications to the Contract, as contained in the Contract Documents.

Article V. Debts

The Owner may, at its option, offset any amounts due and payable under this Contract against any debt

(including taxes) lawfully due to Owner from Contractor, regardless of whether the amount due arises pursuant to the terms of this Contract or otherwise and regardless of whether or not the debt due to Owner has been reduced to judgment by a court.

Article VI. Debarment and Suspension

In accordance with 2 CFR section 180.300, the principal of this contract as described in 2 CFR section

180.995 being duly sworn or under penalty of perjury under the laws of the United States, certifies that neither this company nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency, the State of Texas or any of its departments or agencies. If during the contract period the contractor or its principal becomes debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation, the Contractor or principal shall immediately inform the City of Richardson.

For contracts that are financed by Federal or State grants, the principal agrees that this section will be enforced on each of its subcontractors and will inform the City of Richardson of any violations of this section by subcontractors to the contract. The certification in this section is a material representation of fact relied upon by the City in entering into this contract.

Article VII. Anti-Boycott Provisions

Energy Boycott. In accordance with Chapter 2274, Texas Government Code (Acts 2021, 87th Leg., S.B.

13), the City may not enter into a contract with a company, excluding a sole proprietorship, with 10 or more full-time employees for goods or services valued at $100,000 or more unless the contract contains a written verification from the company that the company: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The signatory executing the Contract on behalf of Contractor verifies Contractor does not boycott energy companies and will not boycott energy companies during the term of the Contract. The foregoing verification is made solely to comply with Section 2274.002, Texas Government Code, and does not apply if the City determines the requirements of Subsection

2274.002(b) are inconsistent with the City’s constitutional or statutory duties related to the issuance, incurrence or management of debt obligations or the deposit, custody, management, borrowing or investment of funds.

Firearms. In accordance with Chapter 2274, Texas Government Code (Acts 2021, 87th Leg., S.B. 19) the

City may not enter into a contract with a company, excluding a sole proprietorship, with 10 or more full-time employees for goods or services valued at $100,000 or more unless the contract contains a written verification from the company that the company: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The signatory executing the

Contract on behalf of Contractor verifies Contractor does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association. The foregoing verification is made solely to comply with Section 2274.002, Texas Government Code, and does not apply if the City contracts with a sole-source provider or if the City does not receive any bids, if applicable, from a company that is able to provide the required verification.

Critical Infrastructure. In accordance with Chapter 2274, Texas Government Code, the City may not enter into a contract or agreement with a company, excluding a sole proprietorship, with 10 or more full-time employees for goods or services valued at $100,000 or more (1) if the company would be granted direct or remote access to or control of critical infrastructure in Texas, excluding access specifically allowed by the

City for product warranty and support purposes and (2) if the City knows the company is (A) owned by or the a majority of stock or other ownership interest of the company is held or controlled by (i) individuals who are citizens of China, Iran, North Korea, Russia, or a designated country or (ii) a company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of such countries, or (B) headquartered in such countries. The signatory executing the

Contract on behalf of Contractor represents that neither Contractor nor any of its parent companies, wholly-owned subsidiaries, majority-owned subsidiaries, and other affiliates is a company of which the City may not contract pursuant to Section 2274.0102, Texas Government Code. The foregoing verification is made solely to comply with Section 2274.0102, Texas Government Code.

Anti-Boycott Israel Verification. In accordance with Chapter 2271, Texas Government Code, the City may not enter into a contract with a company, excluding a sole proprietorship, with 10 or more full-time employees for goods or services valued at $100,000 or more unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing the Contract on behalf of Contractor verifies that Contractor and its parent company, wholly-owned subsidiaries, majority-owned subsidiaries, and other affiliates, if any, do not boycott Israel and, to the extent the Contract is a contract for goods or services, will not boycott

Israel during the term of the Contract. As used in the foregoing verification, “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. The signatory understands “affiliate” to mean an entity that controls, is controlled by, or is under common control with the signatory and exists to make a profit. This section does not apply to a

Contractor which is a sole proprietorship and/or which has less than 10 full-time employees. This section does not apply to a contract valued at less than $100,000.

Iran, Sudan, and Foreign Terrorist Organizations. The signatory executing the Contract on behalf of

Contractor represents that neither Contractor nor any of its parent company, wholly-owned subsidiaries, majority-owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas

Government Code, and posted on any of the following pages of such officer’s internet website:

https://comptroller.texas.gov/purchasing/docs/sudan-list.pdf, https://comptroller.texas.gov/purchasing/docs/iran-list.pdf, or https://comptroller.texas.gov/purchasing/docs/fto-list.pdf.

The foregoing representation is made solely to comply with Section 2252.152, Texas Government Code, and to the extent such Section does not contravene applicable Federal law and excludes the entity and each of its parent company, wholly-owned subsidiaries, majority-owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization.

The signatory understands “affiliate” to mean any entity that controls, is controlled by, or is under common control with the signatory and exists to make a profit.

Article VIII. Miscellaneous Provisions

The terms used in this Contract shall have the same meaning as designated in the General Provisions of the

COG Standards (Division 100). No assignment by either party hereto of any rights under or interests in the

Contract Documents will be binding on the other party hereto without the written consent of the party sought to be bound. The Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives hereto to the covenants, agreements, and obligations contained in the Contract Documents.

Either party’s failure to enforce or insist on performance of any term shall not be a waiver of that party’s right to enforce the same or other terms. This Contract is governed by the laws of the State of Texas and exclusive venue for any cause of action arising under this Contract shall be in the state courts of Dallas

County, Texas.

The provisions of this Contract are herein declared to be severable; if any term, provision or part hereof is determined to be invalid, void or unenforceable, such determination shall not affect the validity or enforceability of the remaining terms, provisions and parts, and this Contract shall be read as if the invalid, void or unenforceable portion had not been included herein.

IN WITNESS WHEREOF, the Owner and Contractor have executed this Contract in duplicate and on the date aforementioned. All portions of the Contract Documents have been signed or identified by the Owner and Contractor.

CITY OF RICHARDSON CONTRACTOR:

APPROVED:

Assistant City Manager (Signature)

Date: (Type/Print Name and Title):

(Street Address)

(City/State/Zip)

(rev. 2/24) https://comptroller.texas.gov/purchasing/docs/sudan-list.pdf https://comptroller.texas.gov/purchasing/docs/iran-list.pdf https://comptroller.texas.gov/purchasing/docs/fto-list.pdf

GENERAL PROVISIONS

THIS CONTRACT ADOPTS THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS’ PUBLIC

WORKS CONSTRUCTION STANDARDS, 5TH EDITION AS CONTRACT GENERAL PROVISIONS EXCEPT

AS AMENDED HEREIN:

105.1.1 Priority of Contract Documents

Item 105.1.1 ‘Priority of Contract Documents’ shall be replaced in its entirety with the following:

In case of conflict between Contract documents, priority of interpretation shall be in the following order: signed agreement (or Contract), performance and payment bonds, special specifications (or conditions), these General Provisions, specifications, advertisement for bids (or invitation to bidders, or request for proposals), proposal, project (Plan or Contract) drawings, City of Richardson Standard Details, the Standard Specifications for Public Works Construction – North Central Texas (the COG Standard Specifications), other referenced specifications (including, but not limited, to the latest edition of the Texas Department of Transportation (TxDOT) Standard Specifications for Construction of Highways, Streets and Bridges and the Texas Manual on Uniform Traffic Control Devices). See also Item 105.1.3 Contract Drawings and Specifications, Item 105.1.6. Errors and Corrections in Drawings and Specifications, Item 104.3. Disputed Work and Claims for Additional Compensation, and Item 105.7. Owner’s Representatives.

It shall be the responsibility of the Contractor to become familiar with the referenced specifications and details.

In the event the Contractor discovers a discrepancy between specifications, the Contractor shall notify the Owner, in writing, and request clarification. When in conflict, the provisions of this contract shall prevail and shall be deemed controlling over the COG Standard Specifications for Public Works Construction and the Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways, Streets, and bridges.

Whenever, in these Specifications or on the Plans for the work, the terms or descriptions of various qualities relative to finish workmanship, or other qualities of similar kind cannot, because of their nature, be specifically and briefly described and are customarily described in general terms, the Owner shall be the final judge as to whether or not the workmanship so described is being performed in accordance with the intent of the Plans and Specifications therefore, and the work shall be completed in accordance with his interpretation of the meaning of such words, terms or clauses.

102.1 PROPOSAL FORM

Item 102.1 shall be amended to add the following to the end:

For the purpose of bidding on the project, information including: forms, contract, bonds, plans and specifications may be obtained through Bonfire, COR.BonFireHub.com at no charge.

102.4 PREPARATION OF PROPOSAL

Item 102.4 shall be amended to add the following to the end of the first paragraph:

A computer generated form may be submitted in lieu of the enclosed bid schedule. The form must be 8-½” x 11” in size and must be attached to the signature page of the Contract Bid Schedule. This form will be made part of the proposal and contract documents. This option is for the convenience of the Contractor, and no wording in the form shall modify or amend the wording in the contract documents. The computer form shall present each item in the order and number shown in the City of Richardson Bid Schedule and shall include the following items:

Item Number Quantity Unit of Measure Description

Unit Price Extended Amount

The City of Richardson Bid Schedule Sheet must be completed in full.

103.2 AWARD OF CONTRACT

Item 103.2 ‘Award of Contract’ shall be amended to add the following to the end:

The Owner reserves the right to accept or reject any or all bids or any of the bid alternates, where applicable. The Owner reserves the right to waive informalities and irregularities. The Contract will be awarded based upon the combination of base bid and alternates most advantageous to the Owner. The Contractor must provide bids for all alternates in order for the bid package to remain complete and be considered for award.

Prior to the awarding of any contract, the Owner may require the bidders to submit a completed City of Richardson Confidential Contractor Questionnaire. The Questionnaire includes, but is not limited to, references, safety record, work history, and a certified financial statement. Upon review of the completed questionnaire, the Project Engineer will determine the Contractor’s eligibility for award of the Project. If the Contractor would like to review the submittal requirements stated in the City of Richardson Confidential Contractor Questionnaire, it is available upon request at the office of the City Engineer.

103.4 INSURANCE

Item 103.4 shall be amended to add and include the requirements, coverages and endorsements shown in the Insurance Attachment to these General Provisions.

107.22 WORKING AREA

Item 107.22 shall be amended to add the following to the end:

The Owner has provided rights-of-way or easements as shown on the plans for the purpose of construction without cost to the Contractor. The Contractor, at his expense, shall secure additional work or storage area desired by the Contractor and not provided for by the Owner. A copy of the agreement must be provided to the Owner prior to construction. It shall be the responsibility of the Contractor, prior to the initiation of construction on easements through private property, to inform the property owner of his intent to begin construction. Before beginning construction in areas of public dedication, the Contractor shall inform the agency having jurisdiction in the area forty-eight (48) hours prior to initiation of the work.

108.2 PROSECUTION OF WORK

Item 108.2, Paragraphs 2 and 3, are deleted and replaced with the following:

Work shall be done between the hours of 7:00 AM and 6:00 PM Monday through Friday, Saturday work, if approved, shall not commence until 9:00 AM. No work shall be done on nights, Saturdays, Sundays, or regular holidays, unless written permission is given by the Owner. The owner reserves the right to suspend the Contractor’s permission to work on nights, Saturdays, Sundays, or regular holidays at their discretion. No additional days will be added to the contract if the Owner chooses to suspend work on the days specified above.

Requests for Saturday work must be submitted by 12:00 noon the previous Thursday.

Where the contract time is expressed as calendar days or a specific date, the concept of “working days” shall not be relevant to the Contract.

Any work done without proper inspection or materials testing is subject to removal and replacement at the direction of the Owner.

107.29 SAFETY REQUIREMENTS

Item 107.29 shall be added as follows:

The Contractor has full responsibility for the safety of workers and for all damages to personal property caused by its operations. The Contractor is responsible for following all Federal, State, and Local Regulations and

Guidelines with regards to worker and public safety. Unless otherwise indicated on the proposal, the necessary tools, equipment, procedures, etc. for following the appropriate regulations and guidelines will be considered subsidiary to other bid items.

107.30 WAGE RATE

Item 107.30 shall be added as follows:

The Contractor shall comply in all respects with all requirements imposed by any laws, ordinances or resolutions applicable to the Project with regard to the minimum prevailing wage rates for all classes of employees, laborers, subcontractors, mechanics, workmen and persons furnishing labor and services to the Project. The City of Richardson has adopted, via Resolution No. 20-04 of the City Council, the US Department of Labor prevailing wage rates for Dallas County (classes TX14, TX17, TX18, TX24, TX25, TX33, TX34, TX51, & TX55), as may be amended from time to time. Detailed wage rates by class of laborer can be found at the BLS.gov website (https://www.bls.gov/oes/current/oes_4800002. htm#47-0000). The Contractor shall pay not less than the minimum wage rates established thereby for each class, craft, or type of labor, workman, or mechanic employed in the execution of this Contract. Upon request by the Owner, Contractor shall make available for inspection and copying its books and records, including but not limited to its payroll records, account information and other documents as may be required by the Owner to insure compliance with this provision.

109.5.1 MONTHLY ESTIMATE

Item 109.5.1, next to last sentence in the second paragraph shall be deleted and replaced with:

Payment shall be made by the owner about thirty (30) days after the receipt of the estimate from the Contractor,” shall be deleted and replaced with the following:

The Owner shall send payment to the Contractor within fifteen (15) days after the monthly estimate has been reconciled and signed by the Contractor and Owner for the amount which is owed, less required retainage and any outstanding debt due the Owner from the Contractor.

An updated construction schedule, showing completion by the contract time, on a form approved by the City, shall be submitted with the Contractor’s pay request. The revised schedule shall be dated and signed by the Contractor. If requesting payment for materials on hand, the Contractor must submit invoices, prior to payment, to the City. Failure to submit the required information may allow the Owner to withhold payment according to COG Standard Specifications for Public Works Construction Items 109.4 and 109.5.

109.5.4 FINAL PAYMENT

Item 109.5.4 “Final Payment” shall be modified to include the following requirement before final payment is made:

The Contractor shall provide to the Owner a set of As-Built plans showing all changes, modifications, deletions and additions to the plans, which have occurred during the project, as well as its affidavit that all payrolls, invoices for materials and equipment, and other liabilities connected with the Work for which the Owner, or the Owner’s property might be responsible, have been fully paid or otherwise satisfied; releases and waivers of lien from all Subcontractors of the Contractor and of any and all other parties required by the Engineer or the Owner;

consent of Surety, if any, to final payment.

103.4.1 WORKERS’ COMPENSATION

Item 103.4.1 shall be replaced in its entirety with the following:

A. Definitions:

Certificate of Coverage (“certificate”) – A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers’ compensation insurance coverage for the person’s or entity’s employees providing services on a project, as well as Persons providing services on the project, for the duration of the project.

Duration of the Project – Includes the time from the beginning of the work on the project until the Contractor’s/person’s work on the project has been completed and accepted by the governmental entity.

Persons providing services on the project (“Subcontractor” in Section §406.096 of the Texas Labor Code, as amended) – includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. “Services” include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. “Services” does not include activities unrelated to the project, such as food/beverage vendors, maintenance services not related to building or construction, office supply deliveries, and delivery of portable toilets.

B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44), as amended for all employees of the Contractor providing services on the project, for the duration of the project.

C. The Contractor must provide a certificate of coverage to the City prior to being awarded the contract.

D. If the coverage period shown on the Contractor’s current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage has been extended.

E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity:

a. a certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and

b. no later than seven (7) days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.

G. The Contractor shall notify the City in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.

H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers’ Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.

I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to:

a. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44), as amended for all of its employees providing services on the project, for the duration of the project;

b. provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project;

c. provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

d. obtain from each other person with whom it contracts, and provide to the Contractor;

i. a certificate of coverage, prior to the other person beginning work on the project; and

ii. a new certificate of coverage showing extension of coverage, prior the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

e. retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

f. notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and

g. contractually require each person with whom it contracts, to perform as required by paragraphs (a)-(g), with the certificates of coverage to be provided to the person for whom they are providing services.

J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the City that all employees of the Contractor who will provide services on the project will be covered by workers’ compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission’s Division of Self- Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

K. The Contractor’s failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City to declare the contract void if the Contractor does not remedy the breach within the (10) days after receipt of notice of breach from the City.

L. Notwithstanding any contrary provision contained in 103.4.1, a motor carrier (defined as an individual, association, corporation, or other legal entity that controls, operates, or directs the operation of one or more vehicles that transport persons or cargo over a road or highway in Texas) required to register under Section

643.051 of the Texas Transportation Code, as amended shall protect its employees by obtaining worker’s compensation insurance coverage as defined under the Texas Worker’s Compensation Act (Subtitle A, Title 5, Labor Code) or accidental insurance coverage in an amount fixed by the Texas Department of Transportation from a reliable insurance company or companies authorized to write such policies in Texas approved by the Texas Department of Transportation.

104.5 CONSTRUCTION CONTINGENCY

Item 104.5 shall be added as follows:

The construction contingency item, if any, shall be used at the sole discretion of the Owner to pay the Contractor for unforeseen items or additional quantities necessary to construct the project in accordance with the intent of the contract documents. No portion of the construction contingency shall be paid to the Contractor, nor shall any extra work be performed by the Contractor, without authorization from the Owner. The Owner shall retain all construction contingency moneys not used during the construction of the project.

108.8 DELAYS, EXTENSION OF TIME; LIQUIDATED DAMAGES

Item 108.8 shall be amended by adding the following before the first sentence/paragraph:

Time is of the essence. This project is to be completed in the contract time specified. The time of completion is of the essence of this contract. The COG Standard Specifications for Public Works Construction will be used to determine and apply liquidated damages; the City has made an independent determination that the daily liquidated damages are accurate and correct for this project, and that the amounts are not penalties but are instead, reasonable forecasts of the actual damages that will be sustained should the Contractor fail to achieve substantial completion and finish the Work within the time allowed. No claim shall be made by the contractor to the owner, and no damages, costs or extra compensation shall be allowed or paid by the owner to the contractor for any delay or hindrance from any cause in the progress of completion of the work for this contract and the Contractor waives and releases the Owner for any claim for back charges or damages for delay. The contractor’s sole remedy in the event of any delay or hindrance shall be to request time extensions by written change orders as provided for in Section 108.8 of the COG Standard Specifications for Public Works Construction or as otherwise provided in this contract. Should the contractor be delayed by an act of the owner or the owner’s representatives or employees, or should the owner order a stoppage of the work for sufficient cause, an extension of time may only be granted by the owner in accordance with Section 108.8 of the COG Standard Specifications, and by written authorization upon written application.

Item 108.8 shall be amended by adding the following to the end of the third paragraph, immediately preceding Item 108.8.1:

Weather Delays. It is anticipated that adverse weather conditions will cause delays in the progress of the Work and that those delays have been considered in the determination of the Contract Time and the Contract Price.

Accordingly, unusually severe weather under Section 108.8 of the COG Standard Specifications shall not constitute an event of force majeure that justifies a delay unless the weather conditions are extreme. The Contractor may be entitled to an adjustment in Contract Time if and only if: i) extreme weather conditions prevailing at the Project site prevent work on a critical item for a period of more than three (3) days in the calendar month in which the weather event occurs, and ii) written notice of delay is given by the Contractor to Owner within not less than five (5) days after the force majeure event. Any adjustment will be limited to the number of days in the calendar month that exceed three.

105.5 MEANS AND METHODS OF CONSTRUCTION

Item 105.5 shall be amended by adding the following paragraph after the third paragraph:

Blasting. The use of explosives will not be allowed.

107.3 INDEMNIFICATION

Item 107.3 shall be replaced in its entirety with the following:

OWNER SHALL NOT BE LIABLE FOR ANY BODILY INJURY TO, OR DEATH OF ANY

PERSON, LOSS OF PROFIT OR BUSINESS OPPORTUNITY, OR PROPERTY DAMAGE

INCLUDING THE LOSS OF USE OF PROPERTY, ARISING FROM THE SERVICES OR

WORK PROVIDED BY CONTRACTOR PURSUANT TO THIS CONTRACT.

CONTRACTOR HEREBY WAIVES AND RELEASES ALL CLAIMS AGAINST OWNER,

ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN

THIS SECTION AS “OWNER”) FOR DAMAGE TO ANY PROPERTY OR INJURY TO,

OR DEATH OF ANY PERSON, ARISING FROM THE CONTRACTOR’S OBLIGATIONS

UNDER THIS CONTRACT, THE PERFORMANCE OF THIS CONTRACT BY THE

CONTRACTOR, ITS AGENTS, EMPLOYEES, SUBCONTRACTORS AND ANY ENTITY

OVER WHICH CONTRACTOR EXERCISES CONTROL EXCLUDING DAMAGE TO OR

LOSS OF USE OF ANY PROPERTY, OR INJURY TO, OR DEATH OF ANY PERSON

CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF OWNER.

TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE

PROVIDED HEREIN, CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND

DEFEND THE OWNER FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES

AND EXPENSES, SUITS, ACTIONS, EXPENSES, COSTS AND REASONABLE

ATTORNEYS’ FEES, ARISING OUT OF, OR RESULTING FROM BODILY INJURY TO,

OR DEATH OF A PERSON, OR PROPERTY DAMAGE, INCLUDING THE LOSS OF USE

OF PROPERTY, ARISING OR ALLEGED TO ARISE OUT OF OR IN ANY WAY

RELATED TO THE PERFORMANCE OF THIS CONTRACT BY THE CONTRACTOR,

ITS AGENTS, EMPLOYEES, SUBCONTRACTORS AND ANY ENTITY OVER WHICH

CONTRACTOR EXERCISES CONTROL, OR DUE TO THE VIOLATION OF ANY

ORDINANCE, REGULATION, STATUTE, OR OTHER LEGAL REQUIREMENT BY

CONTRACTOR, ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, OR ANY OF

THEIR AGENTS AND EMPLOYEES, BUT ONLY TO THE EXTENT CAUSED BY ANY

NEGLIGENT OR WILLFUL ACT OR OMISSION OF THE CONTRACTOR, ITS AGENTS,

EMPLOYEES, SUBCONTRACTORS, ANY ENTITY OVER WHICH CONTRACTOR

EXERCISES CONTROL, OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY

THE CONTRACTOR, ITS CONTRACTOR OR ANYONE FOR WHOSE ACTS THE

CONTRACTOR OR SUBCONTRACTOR MAY BE LIABLE.

WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT

PERMITTED BY LAW, CONTRACTOR HEREBY INDEMNIFIES AND HOLDS

HARMLESS THE OWNER FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES,

COSTS, AND EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE

ATTORNEYS’ FEES, ARISING OUT OF OR RESULTING FROM BODILY INJURY TO,

OR SICKNESS, DISEASE OR DEATH OF, ANY EMPLOYEE, AGENT OR

REPRESENTATIVE OF CONTRACTOR, ITS SUBCONTRACTORS, ANY ENTITY

OVER WHICH CONTRACTOR EXERCISES CONTROL, OR ANYONE DIRECTLY OR

INDIRECTLY EMPLOYED BY THE CONTRACTOR, (EXCLUDING ANY CLAIM,

DAMAGE, LOSS OR…