26069 Lake Ridge North Bridge 12-inch Force Main Liner Rehabilitation.pdf

CITY OF GRAND PRAIRIE, TEXAS

REQUEST FOR PROPOSALS

RFP # 26069 Lake Ridge North Bridge 12-inch Force Main Liner Rehabilitation

DUE DATE: PRIOR TO 2:30 PM, SEPTEMBER 15, 2026

DUE TO:

Attn:

Venona McGee, Senior Buyer Purchasing Division 300 W. Main Street

Grand Prairie, Texas 75050 https://vendors.planetbids.com/portal/53284/portal-home

CLEARLY MARK BID AS “RFP # 26069”

Late responses will be unopened and not accepted for consideration. The City of Grand Prairie is not responsible for lateness or failure of timely delivery via mail (whether delays are internal/external), carrier, etc. Please ensure you allow time to provide your response timely so that you may be properly considered. EMAIL BIDS WILL NOT BE ACCEPTED.

CITY OF GRAND PRAIRIE

ADVERTISEMENT FOR BIDS

Sealed bids will be received at 300 W. Main Street, Grand Prairie, Texas, and via https://vendors.planetbids.com/portal/53284/portal-home until Tuesday, September 15, 2026, at 2:30 PM (Central Time). Bids will be opened publicly and acknowledged at that time for the purchase of the following:

26069 Lake Ridge North Bridge 12-inch Force Main Liner Rehabilitation

An optional Pre-Bid Meeting is scheduled for August 25, 2026 at 9:00 AM, at 620 Small Hill, Grand Prairie, TX 75050.

A second Pre-Bid Meeting is scheduled for August 26, 2026 at 9:00 AM, at 620 Small Hill, Grand Prairie, TX 75050.

Further information and specifications may be obtained at https://vendors.planetbids.com/portal/53284/portal-homeor from the Purchasing Division at (972) 237-8269.

The city reserves the right to reject any or all bids and to waive formalities. The city also reserves the right to purchase these items through state-awarded contracts or other intergovernmental agreements when it is in the city’s best interest.

Published: Ft. Worth Star-Telegram – Friday, August 14, 2026 and Friday, August 21, 2026.

City of Grand Prairie Bid/Solicitation Information Form

Department of Management Services — Purchasing Division

PROJECT IDENTIFICATION

Sourcing Project (Bid) No. 26069

Bid / Solicitation Type Request for Proposal (RFP)

Title Lake Ridge North Bridge 12-inch Force Main Liner Rehabilitation

Description The intent of this project is to rehabilitate the 12 inch force main suspended from the Northern bridge on Lake Ridge Parkway that passes over Joe Pool Lake.

BUYER CONTACT

Buyer's Name Venona McGee

Buyer's Position Senior Buyer

Buyer's Phone # (972) 237-8266

Buyer's Email vmcgee@gptx.org

KEY DATES & DEADLINES

Questions Due September 2, 2026 at 4:00 PM

Responses Due September 9, 2026 at 2:00 PM

BID / PROPOSAL DUE DATE & TIME

September 15, 2026 | 2:30 PM

PRE-BID CONFERENCE

Pre-Bid Conference Optional

1st Pre-Bid Date & Time August 25, 2026 at 9:00 AM

1st Pre-Bid Location 620 Small Hill, Grand Prairie, TX 75050

2nd Pre-Bid Date & Time August 26, 2026 at 9:00 AM

2nd Pre-Bid Location 620 Small Hill, Grand Prairie, TX 75050

City of Grand Prairie — Dept. of Management Services — Purchasing Division

Bid/Solicitation Information Form 26069

Evaluation Criteria

Department of Management Services — Purchasing Division

BID NUMBER 26069

SOLICITATION TYPE Request for Proposal (RFP)

TITLE Lake Ridge North Bridge 12-inch Force Main Liner Rehabilitation

Enter the max points for each criterion. The criteria subtotal equals 100. ACCESS-GP Determination points are added separately.

*Please note that all RFP submissions will be equitably reviewed and scored based only on the non-interview categories listed above by the selection committee with the points associated with the interview only applying to those groups shortlisted and scheduled for interviews, if interviews are being held.

EVALUATION CRITERIA & SCORING

Buyer: Venona McGee Bid Due: September 15, 2026 2:30 PM

# Criterion Evaluation Factors / Description Max Points

1 Price / Cost Total proposed cost and cost reasonableness. 35

Technical Approach / Methodology

Quality and feasibility of the proposed technical solution and methodology. 20

3 Experience & Past Performance Relevant experience and performance record on similar projects. 20

4 Warranty Labor and material. 20

5 Extended Labor Warranty Beyond two years. 5

SUBTOTAL 100

+ ACCESS-GP Determination Variable — added to subtotal —

TOTAL 100

Evaluation Criteria 26069

Procurement Schedule

Department of Management Services — Purchasing Division

BID NUMBER 26069

SOLICITATION TYPE Request for Proposal (RFP)

TITLE Lake Ridge North Bridge 12-inch Force Main Liner Rehabilitation

Activity Date

1st Advertisement Friday, August 14, 2026

Release Bid (online & via email) Monday, August 17, 2026

Optional Pre-Bid Meeting Tuesday, August 25, 2026

Optional Pre-Bid Meeting (2nd) Wednesday, August 26, 2026

Deadline for Questions Wednesday, September 2, Responses to Questions Wednesday, September 9, Date for Bids to Open Tuesday, September 15, 2026

Procurement Schedule 26069

GENERAL CONDITIONS OF THIS SOLICITATION

1. OVERVIEW

It is the intent of the City of Grand Prairie, Texas to award to one or more suppliers through a competitive proposal process for the Goods and/or Services contained in the

Bid/Solicitation Form. Please refer to the document Bid/Solicitation Information Form in the City’s E-procurement Sourcing portal for more information.

See Attachment A located in the back of this solicitation for more complete information on the goods/services being requested within the Requested Scope of Work. If applicable, there is Attachment B pertaining to the City’s recently created Small Business

Enterprise (SBE) program. If present, additional attachments will contain supplemental information relating to the plans, specifications, and/or desired outcome from this request. It is incumbent on the proposers to be familiar with the requests and requirements contained in each attachment.

1. PAYMENT AND INVOICING

a. Payment - The supplies furnished in accordance with this specification will be paid for at the unit price or percentage discount bid within 30 days of receipt of good or invoice, whichever is later unless the on-line ordering option and/or procurement card payment option is utilized.

b. Invoicing - The following requirement applies to all invoices. Invoices must reference a purchase order number. Separate invoices are required for each order and shall be sent to the ordering department. The invoice should include the following: As a Municipal Government, the City of Grand Prairie is exempt from all sales and excise taxes. DO NOT INCLUDE TAXES in price bid. Tax Exemption

Certificates will be issued to successful vendor(s) upon request. Invoices shall include but not limited to:

i. Purchase Order number

ii. Invoice number

iii. Contract rates

iv. Quantity ordered.

v. Total amount due

2. PROCUREMENT SCHEDULE

The projected schedule for this procurement is shown in a separate document in the attachment section of this procurement. Please refer to the attached document titled

Procurement Schedule Form for the official procurement schedule.

Late responses will be unopened and not accepted for consideration. The City of Grand

Prairie is not responsible for lateness or failure of timely delivery via mail (whether delays are internal/external), carrier, etc. Please ensure you allow time to provide your response timely so that you may be properly considered. EMAIL BIDS WILL NOT BE ACCEPTED.

3. CONTACT, FOLLOW-UP QUESTIONS OR INFORMATION REQUESTS

Information, questions, or clarification concerning the intent of this bid offering or solicitation should be in writing and addressed to the Buyer (contact) for this procurement as shown on the Bid/Solicitation Information Form. Please be aware of the Deadline for Questions outlined in the Procurement Schedule Form as well as the

Procurement Information document. City of Grand Prairie’s response to questions and requests for clarification will be posted to the City’s E-procurement Sourcing portal by the date shown on the Procurement Schedule Form and the Bid/Solicitation Information

Form.

4. BID EVALUATION

The City will award contract(s) based the evaluation process listed in the Evaluation

Criteria Form in this solicitation document.

The City of Grand Prairie reserves the right to accept or reject any bids in whole or in part and waive any informality in the competitive bid process. Further, the City reserves the right to enter any contract deemed to be in the City's best interest.

5. SUBMITTAL RESPONSE GUIDELINES

Vendor’s response to this Request for Bid must include:

a. Submittal Checklist and Affirmation form reviewed and signed.

b. Bid Pricing Form filled in with unit prices, extended prices, and total.

c. Questionnaire and References. References provided should be for similar work/projects with up-to-date contact information (phone and email).

d. Historically Underutilized Business Questionnaire and Additional Verifications

Form.

e. Right to Do Business in Texas (Franchise Tax Acknowledgement)

f. Conflict of Interest Questionnaire

g. ACCESS-GP documentation for Small Business Enterprise program.

h. Contract Changes Grid.

i. Optional – Local Preference Consideration Application.

6. INTERVIEWS

Submissions will be taken and reviewed immediately upon receipt. It is anticipated a short list of up to three (3) Offerors may be interviewed, but the City reserves the right to not conduct any interviews and to base the selection strictly on the submissions submitted or to eliminate any

Offeror from the selection as late as the day prior to any potential interview if the City determines the submission is insufficiently responsive to merit further consideration. The City has the discretion to increase the number of Offerors to invite for interviews but no obligation to increase the number exists.

Interviews, if conducted, will be 45 minutes, with 30 minutes for a presentation by the Offeror and remaining time for questions and discussion. The Project Manager and/or Team should attend a minimum. The chemistry and comfort of the team is vital to the selection. The focus on the interview should be specific to this project and the City's concerns, including capabilities of the firm, performance ability, and project approach.

7. AGREEMENT TERMS AND AWARD

The term of the agreement will be for an initial one-year agreement with the option to renew for up to two (2) additional one-year periods. Further, there exists the possibility of up to two (2) additional one-year periods should there not be a price increase during the first three (3) year contract period. Any variation in the length of contract terms different from the above must be approved by the City Attorney’s Office prior to contract placement on City Council agenda for approval consideration.

The price agreement shall be awarded to the vendor(s) submitting the bid(s) deemed to be in the best interest of the City. The city may award one Primary and one Secondary vendor by portions or for the entire bid. The City of Grand Prairie may award to a single vendor, multiple vendors, or use any combination that serves the best interest of the city. Successful Vendor will enter into a contract with the City for an annual agreement in accordance with the terms and conditions found within. The annual estimated dollar value of this contract determined by the contracting department’s annual budget for such line item(s). Annual estimated quantities are not known and vary from year to year.

OR

The term of the agreement will be for a one-time purchase. The contract shall be awarded to the vendor(s) submitting the bid(s) deemed to be in the best interest of the City. The city may award one Primary and one Secondary vendor by portions or for the entire bid.

The City of Grand Prairie may award to a single vendor, multiple vendors, or use any combination that serves the best interest of the city.

8. FRANCHISE TAX VERIFICATION

Upon receipt of all responses, the Purchasing Division staff will search the vendor’s franchise tax account status using the online Certificates of Account Status Directory located on the Texas Comptroller of Public Accounts (CPA) website. Not all vendors are required to pay franchise tax. The Texas franchise tax is a privilege tax imposed on each taxable entity formed or organized in Texas or doing business in Texas. The Comptroller of Public Accounts (CPA) is required by law to forfeit a company’s right to transact business in Texas if the company has not filed a franchise tax report or paid a franchise tax required under Chapter 171 of the Tax Code. If the corporate privileges are forfeited, the entity will be denied the right to sue or defend itself in a Texas court and each director or officer will be liable for the debt of the entity.

Respondents are requested to submit documentation showing good standing with the

Texas Comptroller’s Office.

You can search for your franchise tax account status report at https://mycpa.cpa.state.tx.us/coa/search.do.

9. ACCESS-GP (Small Business Program)

On April 7, 2026, the Grand Prairie City Council passed and approved, by Ordinance, the

ACCESS-GP (Advancing Contracts, Community Engagement, and Supplier Success in

Grand Prairie) Small Business Enterprise (SBE) Program (“ACCESS-GP”). ACCESS-GP is the

City of Grand Prairie’s structured approach to increasing small business participation in municipal contracting across goods, services, and certain construction contracts.

Aspirational Goal. In order to achieve the SBE Program purpose, the City sets the following aspirational goals for contracts valued above $100,000 at 30% for each year of the program. A Certified Small Business Enterprise within the City of Grand Prairie shall receive ten (10) points towards the bid evaluation or best value scoring for an applicable City procurement.

A Certified Small Business Enterprise within the Geographic Market Area shall receive five

(5) points towards the bid evaluation or best value scoring for an applicable City procurement. For the ACCESS-GP program, a supplier must maintain a place of business in the City’s Geographic Market Area (GMA), which consists of Collin, Dallas, Denton, Ellis, Hood, Johnson, Kaufman, Parker, Rockwall, Tarrant, and Wise counties.

For contracts between $10,000 and $100,000, the following preferences shall apply:

Local Preference. A Certified Small Business Enterprise with its principal place of business within the city limits of Grand Prairie, that submits a bid or quote for City procurement for a contract for goods or services under this section, shall be evaluated at a five percent (5%) reduction in the total contract value as though its bid price was 5% less than the amount bid.

Market Area Preference. A Certified Small Business Enterprise with its principal place of business within the Geographic Market Area, but not within the city limits of Grand

Prairie, that submits a bid or quote for City procurement for a contract for goods or services under this section, shall be evaluated at a three percent (3%) reduction in the https://mycpa.cpa.state.tx.us/coa/search.do total contract value as though its bid price were 3% less than the amount bid.

The contract will be awarded to the lowest responsible bidder or business that provides the best value for the City after the respective price adjustments. The reductions set forth above are solely for the purpose of evaluating bid pricing under this section. The awarded contract will be in the amount bid and not based on any reduction used for evaluation purposes.

10. EXCLUSION OF BROKERS ON BIDDING OPPORTUNITIES INVOLVING COMMODITIES

A proposer/bidder must perform a commercially useful function on that contract. To determine whether a proposer/bidder is performing a commercially useful function, the

Purchasing Manager, or his/her designee, will look at any relevant factors, including those listed in this section. A reseller or manufacturer’s representative will not be considered a broker for the City’s bidding opportunities. The following factors must be considered in making this determination:

a. A bidder/proposer performs a commercially useful function when it is responsible for the execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, a proposer/bidder must also be responsible with respect to materials and supplies used on the contract, negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a proposer/bidder is performing a commercially useful function, the following factors may be considered:

i. The amount of work subcontracted;

ii. That the work conforms to industry standards and practices;

iii. That the amount a proposer/bidder is to be paid under the contract is commensurate with the work it is actually performing

b. A proposer/bidder does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of participation. In determining whether a proposer/bidder is such an extra participant, the Purchasing

Manager, or his/her designee, will examine similar transactions, including those where the bidder/proposer does not participate. This exclusion applies to bid opportunities for commodities or for services and commodities to be procured.

SPECIAL TERMS AND CONDITIONS FOR CONSTRUCTION

1. CONTRACTOR’S DUTY AND SUPERINTENDENT: The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this contract and shall keep a full-time competent superintendent (with five (5) years minimum supervisory experience & work resume), and any other assistants on the project during its progress. The superintendent shall represent the

CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the

CONTRACTOR. The City shall have the right to have the Superintendent furnished by the contractor removed pursuant to the contract documents if, in the City’s sole judgment, such superintendent is not fulfilling his or her obligations under this contract, including, but not limited to, said superintendent’s failure or inability to properly interpret and implement the plans and the specifications, to effectively expedite the work and supervise all employees utilized in connection therewith, to ensure adequate communication with, and a minimum inconvenience to, the public, or to cooperate with utilities, railroads, other contractors or agencies working on the project or near the project. Failure of the Contractor to replace the superintendent when requested by the

City shall be cause for the City to withhold partial payments. The CONTRACTOR is and at all times shall remain an independent CONTRACTOR, solely responsible for the manner and method of completing this work under this contract, with full power and authority to select the means, method, and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the CITY being interested only in the result obtained and conformity of such completed improvements to the plans, specifications, and contract. Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his employees, and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Design construction drawings and specifications as well as any additional information concerning the work to be performed passing from or through the CITY, shall not be interpreted as requiring or allowing CONTRACTOR to deviate from the plans and specifications, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to the work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of the contract, and for all loss, damage, or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the CITY, or any agent, employee, or representative of either of them, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or method, is agreed by the

CONTRACTOR to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling CONTRACTOR to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the

CONTRACTOR from full and complete responsibility for the proper performance of his work on the project, including but without limitation the propriety of means and methods of the CONTRACTOR in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the CONTRACTOR from plans and specifications that may have been in evidence during any such visitation or observation by the CITY, or any of his representatives, whether called to the CONTRACTOR’S attention or not shall in no way relieve

CONTRACTOR from responsibility to complete all work in accordance with said plans and specifications.

2. CONTRACTOR’S UNDERSTANDING: It is understood and agreed that the CONTRACTOR, by careful examination, is satisfied as to the nature and location of the work, the conformation of the ground, the character, quality, and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the

CITY, or any of its representatives either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained.

3. CHARACTER OF WORKERS: The CONTRACTOR agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the CITY shall inform in writing that any worker(s) on the project are, in his opinion, incompetent, unfaithful or disorderly, such worker(s) shall be discharged from the project and shall not again be employed for this project without the CITY’S written consent.

4. FIELD OFFICES: The installation of field offices shall be permitted only at such places as approved by the CITY. In addition, all sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the CITY. The CONTRACTOR shall be responsible for obtaining and paying for all necessary Permits. The CONTRACTOR shall not be required to provide a field office for the CITY's Field Representative; however, the CONTRACTOR’S

Superintendent shall be available on the job site at all times when portions of the work are in progress.

5. SANITATION: Necessary sanitary conveniences for use by workers on the project shall be properly secluded from public observation and shall be constructed and maintained by the

CONTRACTOR in such manner and at such points as approved by the CITY. Onsite sanitary convenience facilities and their use shall be strictly enforced.

6. SHOP DRAWINGS: The CONTRACTOR shall submit to the DESIGN TEAM and CITY, with such promptness as to cause no delay in work or in that of any other CONTRACTOR, five (5) check copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the DESIGN TEAM shall review them with reasonable promptness, making desired comments. The CONTRACTOR shall make any revisions required by the DESIGN TEAM; file with him two revised copies and furnish other copies as may be needed.

The DESIGN TEAM review of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless the CONTRACTOR has, in writing, called the DESIGN TEAM’S attention to such deviations at the time of submission, nor shall it relieve the CONTRACTOR from responsibility for errors of any sort in shop drawings or schedules.

It shall be the CONTRACTOR’S responsibility to fully and completely review all shop drawings to ascertain their effect on the CONTRACTOR’S ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the

DESIGN TEAM shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the DESIGN TEAM does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR’S performance hereunder.

7. PRELIMINARY APPROVAL: The DESIGN TEAM shall not have the power to waive the obligations of this contract for the furnishing by the CONTRACTOR of good new material, and of his performing good work as herein described, and in full accordance with the plans and specifications. No failure or omission of the DESIGN TEAM to discover, object to or condemn any defective work or material shall release the CONTRACTOR from the obligations to fully and properly perform the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the DESIGN TEAM shall, upon request of the CONTRACTOR, inspect and accept or reject any material furnished, and in event the material has been once accepted by the DESIGN TEAM, such acceptance shall be binding on the CITY unless it can be clearly shown that such material furnished does not meet the specifications for this work.

Any questioned work may be ordered taken up or removed for reexamination, by the CITY, prior to final acceptance, and if found not in accordance with the specifications for said work, all expense of removing, reexamination and replacement shall be borne by the CONTRACTOR, otherwise the expense thus incurred shall be allowed as EXTRA WORK, and shall be paid for by the CITY; provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval the CONTRACTOR shall bear all expense 15 of taking up, removing, and replacing this work if so directed by the CITY.

8. DEFECTS AND THEIR REMEDIES: It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the CITY as unsuitable or not in conformity with the specifications, the CONTRACTOR shall, after receipt of written notice thereof from the CITY, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract.

9. CHANGES AND ALTERATIONS: The CONTRACTOR further agrees that the CITY may make such changes and alterations as the CITY may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying

Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If the amount of work is increased, and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price (as applicable). In case the CITY shall make such changes or alterations which make useless any work already done or material already furnished or used in said work, then the CITY shall compensate the CONTRACTOR for any material or labor so used, and for any actual loss occasioned by such changes due to actual expenses incurred in preparation for the work as originally planned.

10. KEEPING OF PLANS, SPECIFICATIONS AND RECORD DRAWINGS ACCESSIBLE: The CITY OR

DESIGN TEAM shall furnish the CONTRACTOR with three (3) sets of plans and specifications, if desired, at no expense to the CONTRACTOR. Additional sets of plans may be purchased from the

CITY. The CONTRACTOR shall maintain, at the Job Site, one copy of all Drawings, Specifications, Addenda, approved Shop Drawings, and Change Orders, in good order and marked to record all changes made during construction and updated daily. These shall be referred to as record drawings and shall be available to the CITY and DESIGN TEAM at all times with the latest revisions noted thereon. The As-Built drawings, marked to record all changes made during construction, shall be delivered to the CITY upon completion of the Project, with a letter signed by the

CONTRACTOR stating that the record plans submitted show all changes made during construction.

The CONTRACTOR shall review the updated record drawings with the CITY AND DESIGN TEAM, at the time of the monthly application for payment submittal. Failure of the CONTRACTOR to maintain the record drawings shall be grounds for the withholding of that month’s application for payment submittal, until the record drawings are properly updated and reviewed. The Contractor shall have a Registered Professional land 16 Surveyor (RPLS) tie “as-built” locations of all valves, blow offs, manholes, inlets, bends, tees, crosses, P.C.’s, P.T.’s, and at every five hundred (500) feet along straight lines and curves on proposed mains. Horizontal and vertical data must be collected for each tie. Ties shall be made at the top of pipe and all control points and benchmarks used in the survey shall be consistent with the plans and reported. Such work will be performed prior to backfill and the results furnished to the City. The points shall be recorded and reviewed monthly on the “as-built” drawings. The Contractor shall also provide an ASCII file containing point number, northing coordinate, easting coordinate, elevation, and point description for each tie and control point used in the survey. The ASCII file shall be submitted with the monthly invoice on Digital Video

Disc (DVD) and at the end of the project with the “as-built” drawings in electronic format on a DVD accompanied with a hard copy print of the file. Construction As Built Surveying shall only be performed if called out as a bid item or listed as subsidiary to another bid item.

11. OWNERSHIP OF DRAWINGS: All drawings, specifications and copies thereof furnished by the

CITY OR DESIGN TEAM shall not be reused on other work and, with the exception of the signed contract sets, are to be returned to the CITY on request, at the completion of the work. All models

(if any) are the property of the CITY.

12. ADEQUACY OF DESIGN/CONSTRUCTION: It is understood that the CITY believes it has employed a competent team of engineers and designers. It is, therefore, agreed that the DESIGN

TEAM shall be responsible for the adequacy of the design, sufficiency of the Contract documents, the safety and integrity of the completed structure and the practicability of the operations of the completed project; provided the CONTRACTOR has complied with the requirements of the said

Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the CITY and DESIGN TEAM. The CONTRACTOR is bound to perform his services to the standards of the industry. If the CONTRACTOR determines the design to be inadequate, he shall notify the CITY and DESIGN TEAM prior to construction the items he feels are inadequate. The CONTRACTOR shall comply with the requirements of the Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the

CITY. The burden of proof of such compliance shall be upon the CONTRACTOR to show compliance with said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto.

13. RIGHT OF ENTRY: The CITY reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of observing or inspecting the work, or for the purpose of constructing or installing such collateral work as said CITY may desire.

14. COLLATERAL CONTRACTS: The CITY agrees to provide by separate contract or otherwise, all labor and material essential to the completion of 17 the work specifically excluded from this contract, in such manner as not to delay the progress of the work or damage said CONTRACTOR, except where such delays are specifically mentioned elsewhere in the Contract Documents.

15. DISCREPANCIES AND OMISSIONS: It is further agreed that it is the intent of this contract that all work must be done, and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the DESIGN TEAM AND OR/CITY shall define which is intended to apply to the work.

16. EQUIPMENT, MATERIALS AND CONSTRUCTION AREA: The CONTRACTOR shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means and methods of construction, and any and all part of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted.

17. DAMAGES: In the event the CONTRACTOR is damaged in the course of the completion of the work by the act, neglect, omission, mistake, or default of the CITY, or of any other CONTRACTOR employed by the CITY upon the work, thereby causing loss to the CONTRACTOR, the CITY agrees that he will reimburse the CONTRACTOR for such loss. In the event the CITY is damaged in the course of the work by the act, negligence, omission, mistake, or default of the CONTRACTOR, or should the CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the CITY becomes liable, then the CONTRACTOR shall reimburse the CITY for such loss.

18. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC: The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction", Latest

Edition of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken, and their adequacy shall be the sole responsibility of the CONTRACTOR, acting at his discretion as an independent contractor.

19. PERFORMANCE AND PAYMENT BONDS: Unless otherwise specified, it is further agreed by the parties to this Contract that the CONTRACTOR will execute separate performance and payment bonds, each in the sum of one hundred (100) percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required, and further guaranteeing payment to all persons supplying labor and materials 18 or furnishing him any equipment in the execution of the Contract, and it is agreed that this Contract shall not be in effect until such performance and payment bonds are furnished to and approved by the CITY. Unless otherwise approved in writing by the CITY, the Surety

Company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be included in the CONTRACTOR’S proposal.

20. LOSSES FROM CAUSES: Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained, and borne by the CONTRACTOR at his own cost and expense.

21. PROTECTION OF ADJOINING PROPERTY: The said CONTRACTOR shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this

Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The CONTRACTOR agrees to indemnify, save, and hold harmless the CITY and DESIGN

TEAM against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising, or growing out of the performance of the contract; but any such indemnity shall not apply to any claim or any kind arising out of the existence or character of work.

22. PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS, WORKERS, MATERIAL MEN AND

FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES: The CONTRACTOR agrees that he will indemnify and save the CITY and DESIGN TEAM harmless from all claims growing out of the lawful demands of sub-contractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. When so desired by the CITY, the

CONTRACTOR shall furnish satisfactory evidence that all obligations of nature hereinabove designated have been paid, discharged, or waived. If the CONTRACTOR fails so to do, then the

CITY may withhold from the CONTRACTOR’S unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the CITY by either the

CONTRACTOR or his Surety.

23. PROTECTION AGAINST ROYALTIES OR PATENTED 19 INVENTION: The CONTRACTOR shall pay all royalties and license fees, and shall provide for the use of any design, device, material, or process covered by letters patent or copyright by suitable legal agreement with the patentee or

CITY. The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save the CITY and DESIGN TEAM harmless from any loss on account thereof. If the material or process specified or required by the CITY and/or DESIGN TEAM is an infringement, the CONTRACTOR shall be responsible for such loss unless he promptly gives such information to the CITY.

24. LAWS AND ORDINANCES: The CONTRACTOR shall at all times observe and comply with all

Federal, State and local laws, ordinances and regulations, which in any manner affect the contract or the work, and with the execution of this contract shall indemnify and save harmless the CITY and DESIGN TEAM against any claim arising from the violation of any such laws, ordinances, and regulations whether by the CONTRACTOR or his employees, except where such violations are called for by the provisions of the Contract Documents. If the CONTRACTOR observes that the plans and specifications are at variance therewith, he shall promptly notify the CITY AND DESIGN

TEAM in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the CITY AND DESIGN TEAM, he shall bear all costs arising therefrom. In case the CITY is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the CITY may enter into contract, shall be controlling, and shall be considered as part of this contract, to the same effect as though embodied herein.

25. ASSIGNMENT AND SUBLETTING: The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the CITY, and that no part or feature of the work will be sublet to anyone objectionable to the

DESIGN TEAM or the CITY. The CONTRACTOR further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the

CONTRACTOR from his full obligations to the CITY as provided by this Agreement.

26. INDEMNIFICATION: The CONTRACTOR with the execution of this contract shall defend, indemnify and hold harmless the CITY and the DESIGN TEAM and their respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, rising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit, judgment, cost or expense: A. 20 Is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom; and B. Is caused in whole or in part by any negligent act or omission of the

CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the CITY OR DESIGN TEAM, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, Change Orders, designs or specifications, or the giving of or the failure to give directions or instructions by the DESIGN TEAM, his agents, or employees, provided such giving or failure to give is the primary cause of the injury or damage. In the performance of this contract, CONTRACTOR agrees to assume liability for doing or failing to do anything that may result in the death of or bodily injury to any person and loss of or damage to any property. CONTRACTOR agrees to provide all necessary safeguards and to take all proper precautions against the occurrence of accidents, injuries or damages to any persons or property and to be responsible for and to indemnify and save harmless the CITY and DESIGN TEAM from all loss or damage to any or all claims rising by reason of accidents, injuries or damage to any persons, including the employees and agents of the CONTRACTOR, and sub-contractor, or the CITY or any property in connection with work pursuant to this contract, regardless of the degree of supervisory capacity any agent employee of the CITY might have, and from all fines, penalties or loss incurred by reason of the violation of any law, regulation or ordinance. CONTRACTOR further agrees to defend, at CONTRACTOR’S expense, any and all suits or actions, civil or criminal arising out of such claims or matters.

27. TIME AND ORDER OF COMPLETION: It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his work at such time and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction: provided, however, that the order and the time of prosecution shall be such that the work shall be completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal; provided, also, that when the CITY is having other work done, either by contract or his own force, the CITY may direct the time and manner of constructing the work done under this contract, so that conflicts will be avoided and the construction of the various works being done for the CITY shall be harmonized. The CONTRACTOR shall submit, at such times as may reasonably be requested by the CITY OR DESIGN TEAM, schedules which shall show the order in which the 21

CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start multiple parts of the work, and estimated dates of completion of the multiple parts.

28. EXTENSION OF TIME: Should the CONTRACTOR be delayed in the completion of the work by any act or neglect of the CITY, or by other contractors employed by the CITY, or by changes ordered in the work, or by strikes, lockouts, fires and unusual delays by common carriers, or unavoidable causes beyond the CONTRACTOR’S control, or by any cause which the DESIGN TEAM shall decide justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to compensate for the delay, the amount of the extension, to be determined by the DESIGN TEAM, provided however, that the CONTRACTOR shall give the DESIGN TEAM notice in writing of the cause of such delay within thirty (30) days of the event. The CITY shall have thirty (30) days from the time the CONTRACTOR submits his request for the extension of time to respond in writing as to the approval or denial. If the extension is denied, the requirement for Failure to Complete Work on Time will be enforced as specified in the contract.

29. HINDRANCES AND DELAYS: The CONTRACTOR shall make no claims for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of the CITY) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the CITY, then such expense as in the judgment of the DESIGN TEAM is caused by the CITY; the CITY shall pay such stoppage of said work to CONTRACTOR.

30. QUANTITIES AND MEASUREMENTS: No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number, and weight only shall be considered, unless otherwise specifically provided.

31. ESTIMATED QUANTITIES: This agreement, including the specifications and plans, is intended to clearly show all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and the material furnished. Where payment is based on the unit price method, the CONTRACTOR agrees that he will make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually done, the material actually furnished under this contract and the estimated quantities contemplated and contained in the specifications and plans; provided, however, that in case the actual quantity of any major item should become as much as twenty-five (25%) percent more than or twenty22 five (25%) percent less than the estimated or contemplated quantity for such items, then either party to this

Agreement upon demand, shall be entitled to a revised consideration upon the portion of the work above or below twenty-five (25%) percent of the estimated quantity. A "Major Item" shall be construed to be any individual bid item included in the proposal that has a total cost equal to or greater than five (5) percent of the NOT TO EXCEED TOTAL AMOUNT OF BID or any item that exceeds twenty-five thousand dollars ($25,000). Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this Agreement, as provided under

"Extra Work."

32. PRICE OF WORK: In consideration of the furnishing of…