2026-74-B Contract Documents and Specifications - Final.pdf

CONTRACT DOCUMENTS AND SPECIFICATIONS

FOR

LAKE BEND ESTATES SCREENING WALL PROJECT

INVITATION TO BID NO. 2026-74-B

CIP No.

Prepared by:

DCCM

1801 Gateway Blvd, Ste 101, Richardson, TX 75080

Table of Contents

SECTION 1 ADVERTISEMENT

SECTION 2 NOTICE TO BIDDERS

SECTION 3 INSTRUCTIONS TO BIDDERS

SECTION 4 STANDARD TERMS AND CONDITIONS FOR PROCUREMENTS

SECTION 5 ADDITIONAL CONDITIONS FOR PUBLIC WORKS CONSTRUCTION CONTRACTS

SECTION 6 BID FORMS

BID FORM

BID CERTIFICATION FORM

SUBCONTRACTOR FORM

BID BOND

BID NO. 2026-74-B

SECTION 7 INSURANCE REQUIREMENTS AND BOND FORMS

INSURANCE REQUIREMENTS

WORKERS’ COMPENSATION INSURANCE COVERAGE

PERFORMANCE BOND

PAYMENT BOND

MAINTENANCE BOND

SECTION 8 PREVAILING WAGE RATES

Pertinent Information Regarding Wage Rate Determinations and Monitoring Prevailing Wage Rate Determination Information Worker Classification Definition Sheet

CURRENT PREVAILING WAGE RATES

The current prevailing wage rates can be found at the following link: https://alpha.sam.gov

SECTION 9 EQUAL OPPORTUNITY EMPLOYMENT PROVISIONS

SECTION 10 CONSTRUCTION CONTRACT

SECTION 11 NCTCOG STANDARD AND SPECIAL CONDITIONS

NCTCOG STANDARD SPECIFICATIONS AND SPECIAL CONDITIONS

SPECIAL CONDITIONS

SC.01 GENERAL

SC.02 LOCATION OF PROJECT

SC.03 SCOPE OF WORK

SC.04 DISQUALIFICATION OF BIDDERS

SECTION 12 MEASUREMENT AND PAYMENT

SECTION 13 SUPPLEMENTAL PROVISIONS

SECTION 14 TECHNICAL SPECIFICATIONS

SECTION 1 ADVERTISEMENT

Legal Advertisement

City of Rowlett

Notice to Bidders

The City of Rowlett is issuing INVITATION TO BID NO. 2026-74-B LAKE BEND ESTATES SCREENING WALL PROJECT. Bids will be accepted online through bidnetdirect.com or delivered in hard copy to the Purchasing Office, c/o the City of Rowlett Action Center, 4000 Main St., Rowlett, TX 75088, or mailed to PO Box 99, Rowlett, TX 75030-0099, before 2:00pm (CT) on July 29, 2026. Bids will be publicly opened online and read in compliance with statutory requirements at 2:30pm on the day bids are due via a Microsoft Teams meeting as follows:

Meeting ID: 234 480 546 944 322 Passcode: Pr2ww6Ht Link: https://teams.microsoft.com/meet/234480546944322?p=DvIId68M95FqlgcQPo

A non-mandatory pre-bid meeting will be held online on July 21, 2026, at 10:00am (CT) as follows:

Meeting ID: 265 172 485 618 341 Passcode: SX2wV2dm Link: https://teams.microsoft.com/meet/265172485618341?p=Fqoaa9D4ribydbNq09

Bid documents are available for download at https://www.bidnetdirect.com/texas/cityofrowlett.

For questions regarding this project, please email jcalhoun@rowlett.com.

Publish dates: 07/10/2026 and 07/17/2026 Bid Number 2026-74-B https://teams.microsoft.com/meet/234480546944322?p=DvIId68M95FqlgcQPo https://teams.microsoft.com/meet/265172485618341?p=Fqoaa9D4ribydbNq09 https://www.bidnetdirect.com/texas/cityofrowlett mailto:jcalhoun@rowlett.com.

SECTION 2 NOTICE TO BIDDERS

NOTICE TO BIDDERS

The City of Rowlett (“City”) is issuing INVITATION TO BID NO. 2026-74-B LAKE BEND ESTATES SCREENING WALL PROJECT. Bids will be accepted online through bidnetdirect.com or delivered in hard copy to the Purchasing Office, c/o the City of Rowlett Action Center, 4000 Main St., Rowlett, TX 75088, or mailed to PO Box 99, Rowlett, TX 75030-0099 until 2:00pm (CT) on Wednesday, July 29, 2026. Any bids received after this time will not be accepted and will be returned unopened. Bids will be publicly opened and read in compliance with statutory requirements at 2:30pm on the day bids are due. To participate in the public bid opening, please use the following:

Meeting ID: 234 480 546 944 322 Passcode: Pr2ww6Ht Link: https://teams.microsoft.com/meet/234480546944322?p=DvIId68M95FqlgcQPo

The Project consists of furnishing all labor, equipment and materials (except as otherwise specified), and performing all work necessary for the construction of approximately 1,860 linear feet of masonry screening wall replacement along Dalrock Road from south of Circleview Street to north of Trail Lake Drive, 220 square yards of alley replacement, 1 inlet replacement, and related appurtenances.

The successful bidder will begin construction within 14 calendar days after the issuance of the Notice to Proceed. Substantial completion of the work will be achieved within 120 calendar days of the date indicated on the Notice to Proceed and final completion will be achieved within 30 calendar days after substantial completion.

Each bid submitted shall be accompanied by a cashier's check in the amount of 5% of the maximum amount bid, payable without recourse to the City of Rowlett, or a Bid Bond in the same amount from a reliable surety company as a guarantee that, if awarded the contract, the successful Contractor will execute a Construction Agreement with the City, including all required bonds and other documents.

The successful Contractor shall furnish a Performance Bond in the amount of 115% of the contract amount, and a Payment Bond in the amount of 100% of the contract amount, as well as evidence of all required insurance coverage within ten (10) calendar days of notice of award. The successful Contractor shall also furnish a Maintenance Bond in the amount of 100% of the contract amount covering defects of material and workmanship for two calendar years following the City’s approval and acceptance of the construction. An approved surety company, licensed in the State of Texas, shall issue all bonds in accordance with Texas law.

Copies of Plans, Specifications, and Contract Documents may be downloaded free of charge from Current Bidding Opportunities by completing the no-cost vendor registration at the following link:

https://www.bidnetdirect.com/texas/cityofrowlett.

Questions and requests for clarifications in regards to this bid should be submitted in writing through bidnetdirect.com or via email directly to January Calhoun, Purchasing Manager, at jcalhoun@rowlett.com. The deadline for receipt of questions and requests for clarifications is 12:00pm on Wednesday, July 22, 2026. After that day and time, no further questions or requests for clarifications will be accepted or answered by the Engineer or City.

https://teams.microsoft.com/meet/234480546944322?p=DvIId68M95FqlgcQPo mailto:jcalhoun@rowlett.com.

SECTION 3 INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS

1. Instructions: These instructions apply to all bids and become a part of the terms and conditions of any bid submitted unless bidder takes exception in writing when submitting bid.

2. Submittal Deadline: The City of Rowlett (City) is accepting bids until 2:00pm on Wednesday, July 29, 2026.

3. Submittal Location: Bids will be accepted online through bidnetdirect.com or delivered in hard copy to the

Purchasing Office, c/o the City of Rowlett Action Center, 4000 Main St., Rowlett, TX 75088, or mailed to PO Box 99, Rowlett, TX 75030-0099.

4. If submitting a hard copy bid, Bidder shall submit one (1) original and one (1) electronic copy of their bid on a thumb drive in a sealed envelope clearly marked with their name and INVITATION TO BID NO. 2026-74-B LAKE BEND ESTATES SCREENING WALL PROJECT. Bidder shall complete all requested information and submit all required documents.

5. The City may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may, at its sole option and within its sole discretion, waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. No bidder may withdraw a bid within 90 days after actual date of the opening thereof.

6. Bid Opening: The public bid opening will be conducted online on Wednesday, July 29, 2026 @ 2:30pm.

To participate in the bid opening, please use the following:

Meeting ID: 234 480 546 944 322 Passcode: Pr2ww6Ht Link: https://teams.microsoft.com/meet/234480546944322?p=DvIId68M95FqlgcQPo

7. Bid Documents: Copies of Plans, Specifications, and Contract Documents may be downloaded from Current

Bidding Opportunities by completing the no-cost vendor registration at the following link:

https://www.bidnetdirect.com/texas/cityofrowlett.

8. Questions and Requests for Clarification: Questions and requests for clarifications in regards to this bid should be submitted in writing through bidnetdirect.com or via email directly to January Calhoun, Purchasing Manager at jcalhoun@rowlett.com. The deadline for receipt of questions and requests for clarifications is 12:00pm on Wednesday, July 22, 2026. After that day and time, no further questions or requests for clarifications will be accepted or answered by the Engineer or City.

9. Addenda: If it becomes necessary to provide additional information to potential Bidders, the City of Rowlett

Purchasing Office will issue an addendum containing the necessary information.

10. Pre-Bid Meeting: A pre-bid meeting will be held for this project online at 10:00am, Tuesday, July 21, 2026.

Attendance is optional. To participate in the pre-bid meeting, please use the following:

Meeting ID: 265 172 485 618 341 Passcode: SX2wV2dm Link: https://teams.microsoft.com/meet/265172485618341?p=Fqoaa9D4ribydbNq09 https://teams.microsoft.com/meet/234480546944322?p=DvIId68M95FqlgcQPo mailto:jcalhoun@rowlett.com https://teams.microsoft.com/meet/265172485618341?p=Fqoaa9D4ribydbNq09

SECTION 4 STANDARD TERMS AND CONDITIONS FOR

PROCUREMENTS

STANDARD TERMS AND CONDITIONS FOR PROCUREMENTS

CONSTRUCTION

Revised February 12, 2025

1. APPLICABILITY: These standard terms and conditions apply to all goods or services procured by the City of Rowlett, Texas (“City”), unless otherwise stated in the specifications. The instructions contained herein shall be incorporated into the request for bids/proposals or other procurement opportunity advertisement as well as any subsequent purchase order(s) issued for goods or services and shall be included as part of the specifications issued herewith.

2. NOTIFICATION: The City advertises formal procurement opportunities through www.rowletttx.gov, bidnet direct by SOVRA, and The Dallas Morning News. The City shall not be responsible for information distributed by sources other than those listed.

3. ADDENDA: Any revisions to the information contained herein or in the request for bids/proposals will be issued in the form of one or more addenda. The sole issuing authority shall be vested in the City of Rowlett Purchasing Office. If addenda containing material changes to the specifications or pricing form are issued, the vendor shall acknowledge receipt of such addenda in the designated section in the Bid/Proposal document. It is the responsibility of the bidder/proposer to obtain and acknowledge any and all addenda.

Failure to acknowledge receipt of any addenda may be cause to deem such submission non-responsive.

4. SILENCE OF SPECIFICATION: The apparent silence of the provided specifications as to any detail or the apparent omission from these specifications of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of the specifications shall be made on the basis of this statement.

5. MINOR DEFECT: The City reserves the right to waive any minor defect, irregularity, or informality in any bid/proposal. Minor defects, irregularities or informalities will not affect the end product/performance intended by the specifications. The City also reserves the right to reject any or all bids/proposals with or without cause prior to award.

6. ELECTRONIC SUBMISSIONS: The City utilizes bidnet direct by SOVRA to advertise and receive bids and proposals electronically over the Internet. Electronic submissions through bidnet direct by SOVRA shall be electronically signed and dated by a duly designated representative or agent of the company submitting the bid/proposal and submitted prior to the stated deadline date and time. Vendors should clearly and concisely provide all requested information as stated in the bid/proposal document. Failure to provide the requested information may be reason to deem such submission non-responsive.

7. PAPER SUBMISSIONS: Paper submissions shall be submitted on the forms provided by the City and must be signed and dated by a duly designated representative or agent of the company submitting the bid/proposal. Vendors shall clearly and concisely provide all requested information as stated in the bid/proposal document. Failure to provide the requested information may be reason to deem such submission non-responsive.

8. PRESENTATION OF BIDS/PROPOSALS: Paper submissions shall be presented to City Action Center, 4000 Main Street, Rowlett, Texas 75088, prior to the stated deadline date and time. Paper submissions shall be presented in a sealed envelope with vendor’s name and the bid/proposal number clearly identified on the outside of the envelope.

http://www.rowletttx.gov/

9. LATE SUBMISSIONS: The date/time stamp located in the City Action Center serves as the official time clock. Submissions received after the stated deadline date and time shall be refused and returned unopened. The City is not responsible for issues encountered with methods of delivery.

10. PRICING: Prices offered shall be submitted for units of quantity as specified in the bid/proposal document, extended and totaled. In the case of a discrepancy in the extended price, the unit price shall govern and control. Any alteration, strike-through or erasure of a unit price or extended price made prior to bid/proposal opening shall be initialed by the signer of the bid/proposal, guaranteeing authenticity.

Prices offered cannot be altered or amended after the submission deadline. Bids may not be changed for the purpose of correcting an error in bid price after bid opening.

11. PROPRIETARY INFORMATION: All material submitted to the City is subject to public disclosure upon receipt, pursuant to the Texas Open Records Act. If vendor does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at the time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to what information must be disclosed, however, lies with the Texas Attorney General. Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary upon public request.

12. TAXES: The City is exempt from paying federal excise and transportation taxes and Texas State or local sales and use taxes. Tax shall not be included in prices offered. A Tax-Exempt Form will be provided by the City upon request. A request for a Tax-Exempt Form can be submitted in writing to purchasing@rowlett.com or by contacting the Purchasing Office at 972.412.6189.

13. WITHDRAWAL OF OFFER: Vendor agrees that an offer may not be withdrawn or cancelled for a period of ninety (90) days following the date and time designated for the receipt of the bid/proposal without written approval of the Purchasing Manager.

14. F.O.B./DAMAGE: Prices offered shall be F.O.B. Final Destination, Rowlett, Texas, and shall be all inclusive of shipping, handling and packaging costs. The City accepts and assumes no liability for goods delivered in damaged or unacceptable condition. The successful vendor shall be responsible for handling all claims with carriers, and in case of damaged or unacceptable goods, shall ship replacement goods immediately upon notification by the City.

15. PREPARATION COST: All costs associated with the preparation of an offer, bid, or proposal shall be borne by the vendor. The City will not be liable for any costs associated with the preparation, transmittal, or presentation of submissions, or with any materials submitted in response to the request for bid/proposal.

16. TESTING: At the City’s discretion, testing may be required prior to award of the bid/proposal or prior to delivery of goods or services. Testing shall be performed without expense to the City.

17. SAMPLES: At the City’s discretion, samples may be required prior to award of the bid/proposal or prior to delivery of goods or services. Samples shall be provided at no cost to the City. Samples should not be enclosed with submission unless specifically requested.

18. QUALITY: Any catalog, brand names, or manufacturer’s reference in the bid/proposal packet is merely descriptive and not restrictive and is intended to indicate the type and minimum quality level desired for comparison purposes, unless otherwise stated herein to the contrary. All products and/or optional equipment offered shall be new and of current manufacture. No items of a demonstrator, leased, reconditioned, rebuilt, repossessed or used nature shall be considered, unless otherwise specifically stated herein.

19. BID/PROPOSAL OPENINGS: All bids/proposals will be read aloud at the City’s scheduled opening for the designated bid/proposal. However, the reading of an offer shall not be construed as a comment on the responsiveness of such offer, or as any indication that the City accepts such offer as responsive. Neither shall such reading be construed as a comment on the responsibility of the bidder/proposer.

The City will make a determination regarding the responsiveness of offers submitted based upon compliance with all applicable laws and the City’s purchasing guidelines and project documents including, but not necessarily limited to, the bid/proposal specifications and contract documents. The City will notify the successful vendor upon award of the contract; and, according to State law all offers received will be available for inspection after award.

For processes other than low bid or best value bid, only the names of vendors will be read aloud at the scheduled opening. Pricing information will not be released until after award of the contract.

20. SUMMARY SHEET: Bid/Proposal summary results are typically published within two (2) business days after the scheduled opening. Interested parties desiring a copy of a bid/proposal summary sheet may request the same by submitting a written request to purchasing@rowlett.com. RESULTS WILL NOT BE RELAYED

OVER THE TELEPHONE.

21. GRATUITIES: Gratuities in the form of entertainment, gifts, or otherwise offered or given by the vendor, or any agent or representative of the vendor, to any officer or employee of the City with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending or the making or any determinations with respect to the performing of such a contract, are not permissible. In the event this contract is cancelled by City pursuant to this provision, City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by vendor in providing such gratuities.

22. ANTI-COLLUSION: In submitting an offer, vendor certifies that they have not participated in, nor have they been party to any collusion, price fixing or any other illegal or unethical agreements with any company, firm or person concerning the pricing offered.

23. NO PROHIBITED INTEREST: Vendor acknowledges awareness of the laws, City Charter, and City Code of Ethics regarding conflicts of interest. No officer, employee or agent of the City shall participate in the negotiation, selection, discussion, award or administration of a contract or procurement supported by public funds if: 1) that individual has a substantial interest in a person or entity, as defined by Section 2-463 of the City’s Code of Ordinances and/or Chapter 171 of the Texas Local Government Code, that is the subject of the contract or procurement; or 2) a conflict of interest, either real or apparent, would be involved, as defined therein.

24. CONFLICT OF INTEREST: In accordance with Chapter 176, Local Government Code, a person who is a vendor and has a business relationship, as those terms are defined by Section 176.001(1-a), with the City and meets requirements under Section 176.006(a) is required to file a Conflict of Interest Questionnaire with the City Secretary not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor.

A complete copy of Chapter 176 of the Local Government Code may be found at https://statutes.capitol.texas.gov/Docs/LG/htm/LG.176.htm.

https://statutes.capitol.texas.gov/Docs/LG/htm/LG.176.htm

25. NON-RESIDENT BIDDERS: Texas Government Code, Chapter 2252: Non-Resident Bidders. Texas law prohibits city and governmental units from awarding contracts to a non-resident bidder/proposer unless the amount of such bid is lower than the lowest bid by a Texas resident by the amount a Texas resident would be required to underbid the non-resident bidder/proposer on a bid/proposal for goods and services in the non-resident bidder’s state.

26. DELINQUENT TAXES: Any person, firm, or corporation that is in arrears to the City for delinquent taxes or otherwise, will not be recommended for award of any bid/proposal until the arrearage has been cleared in writing. If a contractor or vendor becomes delinquent while a contract is in force, payment for goods or services provided to the City under said contract or purchase order may be withheld until the arrearage has been cleared in writing.

27. MINIMUM STANDARDS FOR RESPONSIBILITY: A prospective vendor must affirmatively demonstrate responsibility. The City of Rowlett may request representation and other information sufficient to determine vendor’s ability to meet the minimum standards including but not limited to:

A. Have adequate financial resources, or the ability to obtain such resources as required B. Ability to comply with the required or proposed delivery schedule C. Have a satisfactory record of performance D. Have a satisfactory record of integrity and ethics E. Be otherwise qualified and eligible to receive an award

28. AWARD OF CONTRACT: The City reserves the right to award single or multiple contracts for the goods or services as stated herein, or to reject any and all bids. Furthermore, the City reserves the right to take administration costs into consideration when awarding to multiple vendors.

The City may award bids/proposals to the lowest responsive responsible vendor(s), or to the vendor(s) who provides goods or services at the best value to the City. If using the best value method, the selection criteria will be clearly identified in the bid/proposal document. The best value method may take into consideration, in whole or in part, by way of illustration and not limitation, the following criteria:

A. The purchase price B. The reputation of the vendor and of the vendor’s goods or services C. The quality of the vendor’s goods or services D. The extent to which the goods or services meet the City’s needs E. The vendor’s past relationship with the City F. The total long-term cost to the City to acquire the vendor’s goods or services G. Any relevant criteria specifically listed herein

29. ACCEPTANCE: Vendor agrees that acceptance of any or all items by the City within a reasonable period of time, not to exceed one hundred twenty (120) days following the date and time designated for the receipt of the bid/proposal, shall be binding upon vendor. Vendor shall thereafter execute all documents necessary to enter into a contract in a form acceptable to and properly executed by the City to provide such goods and services.

30. FUNDING: The City is a home-rule municipal corporation operated and funded on a fiscal year basis from

October 1 to September 30. Accordingly, the City reserves the right to terminate at any time, without liability to the City, any contract for which funding is not available in a subsequent fiscal year.

31. ASSIGNMENT: The successful vendor shall not sell, assign, transfer or convey any contract, in whole or in part, to any other person or party without the prior written consent of the City obtained through the City’s Purchasing Office.

32. DELIVERY PROMISE – PENALTIES: Where indicated, vendors must provide the number of calendar days required to deliver goods or services to the City after receipt of order (ARO). Do not quote shipping dates.

When a delivery delay can be foreseen, the vendor shall provide advance notice to the Purchasing Manager, who shall have the right to extend the delivery date if the reasons for delay are acceptable. Default in promised delivery, without acceptable reason(s), or failure to meet specifications as contained herein or in the contract documents, authorizes the Purchasing Office to purchase goods or services from an alternate source. The defaulting vendor may be subject to re-procurement costs.

33. DELIVERY TIMES: Unless otherwise specified herein, deliveries will only be accepted during normal working hours at the designated City location(s).

34. INSPECTION: Upon receipt of goods or services, the same will be inspected for compliance with the specifications contained herein or in the contract documents. If the goods or services do not pass inspection, the vendor will be required to remedy the situation at the vendor’s sole expense. The vendor will be required to retrieve the rejected goods at the delivery point and provide the necessary repairs of or replacement and return of the goods in new condition to the original point of delivery; or re-perform services in accordance with the terms and conditions of the contract and to the City’s satisfaction.

35. INVOICES: Invoices shall be submitted to the attention of the ordering department, P.O. Box 99, Rowlett, Texas 75088, or electronically to the appropriate department representative.

36. PAYMENT TERMS: Payment terms are net 30 days, unless otherwise specified by the City in the bid/proposal document.

37. AUDIT: The City shall have access to, and the right to examine, monitor and audit all vendor’s records, documents, conditions and activities related to contracts awarded by the City. It shall be the responsibility of the vendor to maintain records associated with this procurement for a period of three (3) years after completion of the contract, or in the event of litigation, a claim or audit, the records shall be retained until the resolution of such litigation, claim or audit.

38. INSURANCE: The City requires vendor(s) to carry the minimum insurance as required by the greater of the requirements contained in state laws or the insurance requirements contained in the contract documents.

39. INDEMNITY: The bidder shall defend, indemnify and hold the City, its current, former and future officers, agents and employees harmless from any and all costs, expenses, suits, demands, claims, liabilities, liens, encumbrances or damages, including attorneys’ fees and costs of suit, of any character, name and description, incurred or resulting from any injuries or damages received or sustained by any person, persons or property on account of any intentional wrongful conduct or negligent act, omission, or fault of the successful bidder, or of any agent, employee, subcontractor or supplier for which the successful bidder is responsible in the execution of, or performance under, any contract which may result from bid award and the bidder so agrees upon the submission of the bid. The bidder shall deliver, if so requested by the City, a written release of all liens or other proper evidence of same, to the satisfaction of the City prior to the issuance of final payment by the City.

40. INDEMNITY; PATENT RIGHTS: The bidder/proposer agrees to indemnify and hold harmless the City from any claim involving patent right infringement or copyright infringement on goods or services supplied to the City pursuant to the contract documents.

41. PROTESTS: All protests regarding the solicitation process must be submitted in written form to the

Purchasing Manager within five (5) working days following the opening of bids/proposals. This includes all protests relating to legal advertisements, deadlines, bid/proposal openings, and all other related procedures under the Local Government Code, as well as any protests relating to alleged improprieties or ambiguities in the specifications contained herein or in the contract documents.

Post-award protests must be submitted in written form to the Purchasing Manager within five (5) working days after award.

The protest must include, at a minimum, the name of the protester, bid/proposal number or description of goods or services, and a statement of the grounds for the protest. The Purchasing Manager, having authority to make the final determination, will respond within ten (10) working days to each substantive issue raised in the protest. Allowances for reconsiderations shall be made only if data becomes available that was not previously known, or if there has been an error of law or regulation.

42. TERMINATION FOR DEFAULT: The City reserves the right to enforce the performance of the contract in any manner prescribed by law and deemed to be in the best interest of the City in the event of breach or default of the contract. The City reserves the right to terminate the contract immediately in the event the contracted vendor fails to meet delivery schedules or otherwise perform in accordance with the specifications contained herein or in the contract documents. Breach of contract or default authorizes the City to award the contract to another vendor, or purchase from an alternate source, and charge the full increase in cost plus any additional administrative costs incurred by the City to the defaulting contracted vendor.

43. REMEDIES: The successful vendor and the City agree that each party may have rights, duties, and remedies available as stated in the Uniform Commercial Code and any other available remedy, whether in law or equity.

44. VENUE: The validity of the contract and of any of its terms or provisions, as well as the rights and duties thereunder or under the contract documents, shall be governed by and construed in accordance with the laws of the State of Texas. Exclusive venue for any legal action shall lie in the state courts of Dallas County, Texas.

45. 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 Seller verifies Seller 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.

46. 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 Seller verifies Seller 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.

47. 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 Seller represents that neither Seller 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.

48. 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 Seller verifies that Seller 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 Vendor 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.

49. IRAN, SUDAN, AND FOREIGN TERRORIST ORGANIZATIONS: The signatory executing the Contract on behalf of Seller represents that neither Seller 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 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 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.

SECTION 5 ADDITIONAL CONDITIONS FOR PUBLIC WORKS

CONSTRUCTION CONTRACTS

ADDITIONAL CONDITIONS FOR PUBLIC WORKS CONSTRUCTION

CONTRACTS

1. APPLICATION: The following additional conditions apply to projects for which a Public Works Construction

Contract will be executed.

2. QUALIFICATIONS OF BIDDER: The City may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated herein. The following list is not exclusive:

Five (5) Prior Projects: Bidder participants, whether general contractor, prime contractor, joint venture contractor or subcontractor, shall provide documented evidence of having completed at least five (5) projects for the installation and construction of facilities similar in nature to the project being bid and having 10 years experience. Bidder shall be required to submit references of previous projects to enable the City to verify references. This experience documentation shall be submitted prior to, and as a special requirement for, being considered for award of the contract for the subject project. Any bid may be rejected if the City determines that the Bidder has not provided documented evidence of having successfully and timely completed at least five (5) projects that are similar in nature, scope, and size as that contemplated herein. The city may make inquiry with the owners of any other projects. Conditional bids will not be accepted. This information should include at a minimum:

Names and addresses of similar projects Owner’s Name

Owner’s representative including telephone number and email address

Architect or Engineer Name

Architect or Engineer representative including telephone number and email address

Financial Statements: A bid may be rejected if the City determines that the bidder lacks sufficient financial resources or soundness to commence, operate and complete the Project. Bidders shall, in addition to other documents required herein, provide recent financial statements covering the two immediately preceding calendar years. Financial statements should be marked or stamped “CONFIDENTIAL” by the Bidder and, to the fullest extent allowed by law, will be kept and maintained as confidential by the City. Financial statements must demonstrate sufficient assets, resources, and income, based on the nature, scope and size of the Project, to demonstrate to the City’s sole satisfaction, that the Bidder has the financial capacity to fully perform the Project. The City’s review and evaluation of the financial soundness of the Bidder is solely and exclusively within the City’s sole discretion.

Subcontractors: At least 51% of the work must be completed by the primary contractor and the City reserves the right to approve all sub-contractors. Sub-contractor information must be submitted with the bid for evaluation.

3. BID SECURITY: Each bid must be accompanied by a certified check of the bidder, or a bid bond, duly executed by the bidder as principal and having as surety thereon a surety company approved by the city, in the amount of 5% of the bid. Such checks will be returned thirty days after the award of the contract, or, if no award has been made within 90 days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid.

The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the City the security deposited with his bid.

4. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidders must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the City and to fully complete the project within the specified time as stated in the proposal.

TIME IS OF THE ESSENCE IN THE PERFORMANCE OF THIS PROJECT. THE CITY EMPLOYS A ZERO-

TOLERANCE POLICY FOR TIME OF COMPLETION. FAILURE TO MEET THE CONTRACTUAL

DEADLINE, OR A DELAY IN MEETING PROJECT SCHEDULES, MAY BE DEEMED A DEFAULT.

Liquidated damages may be imposed per Section 3.4.1 of the Public Works Construction Contract due to work delay.

5. SECURITY FOR FAITHFUL PERFORMANCE: Simultaneously with his delivery of the executed contract, the

Contractor shall furnish Performance Bond in the amount of one hundred fifteen percent (115%) and Payment Bond in the amount of one hundred percent (100%) of the total contract price as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the Special Conditions included herein. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the City.

6. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT: The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the City, as liquidated damages for such failure or refusal, the security deposited with his bid. This liquidated damage amount is not a penalty but is, instead, a reasonable forecast of actual damages that the City may sustain were the bidder to default.

7. MAINTENANCE BOND: A Maintenance Bond for two years from the formal date of final acceptance in the amount of 100% of the final contract price to cover defective workmanship of materials is required for all projects as discussed in the Special Conditions.

8. POWER OF ATTORNEY: Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

9. CONDITIONS OF WORK: Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible, the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor and will be responsible for coordination with utilities on site.

10. ADDENDA AND INTERPRETATIONS: Bidders are responsible for a thorough review of the contract documents, plans and specifications. Bidders shall assume all risk of any ambiguities. Thus, it is imperative that bidders be familiar with the contract documents as well as the job site. If there is any ambiguity in the plans and specifications that give rise to two or more different interpretations of the work called for, the bidder will be assumed to have bid the most expensive alternative.

No interpretation of the meaning of plans, specifications, or other pre-bid documents will be made to any bidder orally. Every inquiry or request for such interpretation should be in writing addressed to the Purchasing Office at purchasing@rowlett.com and any architectural or engineering firm included in any special instructions. To be given consideration requests must be received at least three days prior to the date fixed mailto:purchasing@rowlett.com for the opening of bids. All such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be posted through the eProcurement at https://www.bidnetdirect.com. Bidders are expected to check the eProcurement system for all addenda not later than two days prior to the date fixed for opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents.

11. NOTICE OF SPECIAL CONDITIONS: Attention is particularly called to those parts of the contract documents and specifications which deal with the following:

a. Inspection and testing of materials

b. Insurance requirements

c. Prevailing Wage rates

d. Stated allowances

e. 100% maintenance bond (Construction projects exceeding $50,000)

f. 100% payment bond (Construction projects exceeding $50,000)

g. 115% performance bond (Construction projects exceeding $100,000)

12. LAWS AND REGULATIONS: The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances, and rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

13. OBLIGATION OF BIDDERS: At the time of the opening of bids each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve the bidder from any obligation in respect to his bid.

14. WORK ORDER CHANGES: It is understood that the quantities of work to be done at unit prices are approximate only and are intended principally to serve as a guide in evaluating bids. Any change order will be approved by the City prior to work being started on said change.

It is further agreed that the quantities of work to be done at unit prices and materials 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 except as provided for in the specifications. The City reserves the right to increase or decrease the amount of work to be done by any amount not to exceed twenty-five percent (25%) of the original contract amount except as noted in the Measurement and Payment Section. In the event the increase pertains to items not originally bid, the Contractor shall submit a bid in writing to the Engineer for approval.

It is further agreed that 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 general conditions; similarly, they may be decreased to cover deletion of work so ordered.

The City reserves the right to reject the Contractor's bid on such extra work and secure such work to be done other than by said Contractor.

The time for performance set forth in the contract documents contemplates normal bad weather days and typical construction delays. Extensions in the time for performance may be given or allowed for if and only if the extension is approved by the City and the approval is evidenced by a written and signed Change Order.

https://www.bidnetdirect.com/

15. MINIMUM WAGE RATES: Each bidder, contractor or subcontractor shall comply with the Texas Minimum Wage Act, Texas Labor Code regarding prevailing minimum wages.

16. RETAINAGE: Retainage will be withheld on this project according to Section 5.2.5 of the Public Works

Construction contract.

17. DIGITAL DATA SUBMISSION: Any contract that requires a mapping submission must meet the standards stated per document “Digital Data Submissions Standards” provided on page 22.

18. SALES TAX LAW: Legislation has removed the sales tax exemption previously provided by Section 151.311 of the Tax Code covering tangible personal property purchased by a contractor for use in the performance of a contract for the improvement of City-owned realty.

It is still possible, however, for a contractor to make tax-free purchases of tangible personal property which will be incorporated into and become a part of a City construction project through the use of a “separated contract” with the City. A “separated contract” is one which separates charges for materials from charges for labor. Under such a contract, the Contractor becomes a “seller” of those materials which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The Contractor issues a resale certificate in lieu of paying the sales tax at the time such items are purchased. The Contractor then receives an exemption certificate from the City for those materials. (This procedure may not be used, however, for materials which do not become a part of the finished product. For example, equipment rentals, form materials, etc. are not considered as becoming “incorporated” into the project.)

Utilization of this “separated contract” approach eliminates the need for bidders to figure in sales tax for materials which are to be incorporated into the project.