CONSTRUCTION CONTRACT DOCUMENTS

CITY OF RICHMOND

CITY OF RICHMOND MORTON STREET PARKING LOT EXPANSION PHASE II

PROJECT NO. MU2401

FORT BEND COUNTY, TEXAS

MAYOR

Rebecca K. Haas

COMMISSIONERS

Terry R. Gaul, Position 1

Barry C. Beard, Position 2

Carl Drozd, Position 3

Alex BeMent, Position 4

CITY MANGER

Terri Vela

ASSISTANT CITY MANAGER

Howard Christian

PROJECT ARCHITECT/ENGINEER

Odyssey Engineering Group

TBPE No. F-17637 & 10195040

2500 Tanglewilde Suite 300

Houston, Texas 77063

(281) 306-0240

08/24/2026 i

TABLE OF CONTENTS

PROJECT NO. MU2401

I. INVITATION TO BIDDERS

II. INSTRUCTION TO BIDDERS

CERTIFICATE OF INTERESTED PARTIES (FORM 1295)

STATEMENT OF BIDDER’S QUALIFICATIONS

CONFLICT OF INTEREST QUESTIONNAIRE (FORM CIQ)

CONFLICT OF INTEREST QUESTIONNAIRE INSTRUCTIONS

III. BID

IV. AGREEMENT

V. PERFORMANCE BOND

V-A. MAINTENANCE BOND

VI. PAYMENT BOND

VII. GENERAL CONDITIONS

VIII. SPECIAL CONDITIONS OF THE AGREEMENT – PART A

ATTACHMENT A – TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION

SPECIAL CONDITIONS OF THE AGREEMENT – PART B

IX. PART A - CONTRACTOR AFFIDAVIT FOR PARTIAL PAYMENT

PART B – AFFIDAVIT OF BILLS PAID

PART C – CERTIFICATION OF COMPLETION (CONTRACTOR)

CERTIFICATION OF COMPLETION (SUBCONTRACTOR)

PART D - REQUEST FOR EXTENSION OF TIME

X LABOR CLASSIFICATION AND PREVAILING WAGE SCALE

XI. TECHNICAL SPECIFICATIONS

DIVISION 0 – GENERAL

0001 General Requirements 0002 Special Requirements 0003 Measurement and Payment 0004 Schedule of Values 0005 Construction Schedule ii

0006 Submittal Procedures 0007 Shop Drawings, Product Data, and Samples 0008 Contractor’s Quality Control 0009 Material and Equipment 0010 Product Substitution Procedures 0011 Closeout Procedures 0012 Operation and Maintenance Data 0013 Project Record Documents 0014 Demolition 0016 Turf Establishment

DIVISION 1 – SITE PREPARATION

01010 Summary of Work 01039 Coordination and Meetings 01041 Project Coordination 01090 Reference Standards 01410 Testing Services 01500 Construction Facilities and Temporary Controls 01552 Storm Water Pollution Prevention 01553 Care of Water During Construction 01576 Waste Material Disposal 01578 Control of Ground and Surface Water 01650 Starting of Systems

DIVISION 2 - SITE

02110 Site Clearing ................................................................................. …………………...2 02205 Soil Materials ............................................................................... …………………...4 02207 Aggregate Materials ..................................................................... …………………...4 02220 Trench and Excavation Safety System ......................................... …………………...2 02224 Excavation, Backfilling, and Compacting for Structures ............. …………………...7 02225 Excavation, Backfilling, and Compacting for Utilities ................ …………………...7 02231 Aggregate Base Course ................................................................ …………………...2 02370 Erosion Control Fabric ................................................................. …………………...2 02375 Filter Fabric Fence........................................................................ …………………...3 02607 Manholes and Covers ................................................................... …………………...4 02923 Landscape Grading ....................................................................... …………………...2 02936 Seeding ......................................................................................... …………………...8 02938 Sodding ......................................................................................... …………………...5

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I

INVITATION TO BIDDERS

Sealed BIDS, in duplicate, addressed to City of Richmond, Attention Mr. Howard Christian, Assistant City Manager, will be received at the City of Richmond City Hall Annex, 600 Morton Street, Richmond, Texas 77469, until 3:00 p.m. Local Time, Wednesday, September 16, 2026, and then publicly opened and read for:

CITY OF RICHMOND

CITY OF RICHMOND MORTON STREET PARKING LOT EXPANSION PHASE II

PROJECT NO. MU2401

FORT BEND COUNTY, TEXAS

Major items of work include:

(1) Construction of 5-inch and 6-inch concrete paving, curbs, ADA ramps and concrete sidewalk

(2) Two street tie-ins

(3) Construction of non-structural curb wall

(4) Installation of SWPPP items

(5) Installation of light poles

(6) Installation of signage and pavement markings

BIDS received after the closing time will be returned unopened. A pre-bid conference will be held at 3:00 pm Local Time, on Wednesday, September 9, 2026 at the City of Richmond City Hall Annex, 600 Morton Street, Richmond TX 77469. It is recommended that all bidders attend the pre-bid conference; however, attendance is not mandatory.

Each BID shall be accompanied by a bid security, in the form of a Bid Bond or Cashier’s Check, in an amount not less than 5 percent of the total amount bid, as a guarantee that the successful bidder will enter into a proper Contract and execute Bonds and Guaranty on the forms provided within 10 days after the date CONTRACT DOCUMENTS are received by the CONTRACTOR. Bid securities will be returned to all but the three most qualified, responsible bidders within 7 days after opening of BIDS, and the latter’s bid securities will be returned after complete execution of the contract.

In conformance with applicable statutes, the applicable prevailing wage scale in the locality in which the Work is to be performed have been ascertained, and such rates shall be the minimum paid for labor employed upon this project.

Copies of the BIDDING DOCUMENTS may be obtained from www.CivcastUSA.com. Bidders must register on this website in order to view and/or download specifications and plans for this project.

There is NO charge to view or download documents. Said documents may be examined without charge at the office of the at the City of Richmond, located at 600 Morton Street, Richmond, Texas 77469.

The OWNER reserves the right to reject any or all BIDS and to waive technical defects in bidding. In case of ambiguity or lack of clearness in stating the prices in the BID, the OWNER reserves the right to consider the most advantageous construction thereof or to reject the BID.

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II

INSTRUCTIONS TO BIDDERS

ATTENTION:

Only the Apparent Low Bidder, after notification by ARCHITECT/ENGINEER, will electronically submit Form 1295 in accordance with requirements for Electronic Filing Application at the following link: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

The City is not allowed by State Law to enter into a contract pursuant to this BID until it has received from the bidder a completed, and signed TEC Form 1295 complete with a certificate number assigned by the Texas Ethics Commission (“TEC”), pursuant to Texas Government Code § 2252.908 and the rules promulgated thereunder by the TEC. The undersigned understands that failure to provide said form complete with a certificate number assigned by the TEC will result in a non-conforming bid and will prohibit the City from considering this BID for acceptance.

Provision of Texas Ethics Commission Form 1295 (“TEC Form 1295”) by Bidders: Effective January 1, 2017, pursuant to Texas Government Code § 2252.908 (the “Interested Party Disclosure Act” or the “Act”), the City may not award the contract to a bidder unless the bidder has provided to the City a completed and signed TEC Form 1295 which has been assigned a certificate number by the Texas Ethics Commission (the “TEC”). Pursuant to the rules prescribed by the TEC, the TEC Form 1295 must be completed online through the TEC’s website, assigned a certificate number, printed, signed, and provided to the City. The TEC Form 1295 may accompany the BID or may be submitted separately but must be provided to the City prior to the award of the contract. For purposes of completing the TEC Form 1295, the entity’s name is City of Richmond; the contract ID number is MU2401 and the description of goods and services is construction of City of Richmond MORTON

STREET PARKING LOT EXPANSION PHASE II. Neither the City nor its consultants can verify the information included in a TEC Form 1295, and neither have an obligation nor undertake responsibility for advising any bidder with respect to the proper completion of the TEC Form 1295.

1. PREPARATION OF BIDS. Unless otherwise directed in the INVITATION TO BIDDERS, each BID shall be submitted, in duplicate, on the bid forms provided or on photocopies of the forms, in conformity with the requirements of the INVITATION TO BIDDERS, these instructions, and the instructions printed on the bid form.

All blanks on the bid form shall be completed, typed, or written in ink, and no change shall be made on the bid form or any other of the BIDDING DOCUMENTS. All amounts shall be written in figures, with amounts extended and totaled. Should a conflict occur unit prices shall govern over amounts extended and totaled. Unit prices have been established for Supplemental Items, if any. See Paragraph 7 of these instructions. Any BID may be rejected if it contains any omission, erasure, alteration, addition, irregularity of any kind, or items not called for; if it does not submit prices for each of the items in the bid form; if any of the prices are obviously unbalanced; or if it shall, in any manner, fail to conform to the conditions of the INVITATION TO BIDDERS and these instructions.

The bidder shall sign its BID in the signature space. If the BID is made by a partnership or corporation, the name and address of the partnership or corporation shall be shown, together with the names and addresses of the partners or officers. If the BID is made by an individual, it must be acknowledged by that person; if made by a partnership, it must be acknowledged by one of the partners; or if made by a corporation, it must be acknowledged by a person authorized to sign on behalf of the corporation.

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The BID and the bid security, if required, must be enclosed in separate, sealed envelopes, each plainly identified on the outside with the contents (i.e., BID or bid security), the bidder’s name, and the job name and number, and addressed to the OWNER as prescribed in the INVITATION TO BIDDERS.

2. BIDDING DOCUMENTS. The BIDDING DOCUMENTS are complementary and must be read together as a whole; what is called for by one is as binding as if called for by all.

Bidders desiring further information or further interpretation of any part of the BIDDING DOCUMENTS are hereby obligated to submit a written request for such information to ARCHITECT/ENGINEER not less than 7 calendar days before the bid opening. Answers to these requests will be given, in writing, to all bidders as addenda to the Contract, and each addendum will be made a part of the Contract. No explanation or interpretation of the Contract, other than written addenda, shall be binding.

Should a bidder find discrepancies in or omissions from the BIDDING DOCUMENTS or should the bidder be in doubt as to any meaning, the bidder is hereby obligated to notify ARCHITECT/ENGINEER, so a written addendum may be sent to all bidders. It is the responsibility of each bidder to determine if it has received all addenda, complete files of which will be maintained at the ARCHITECT’s/ENGINEER’s office and the office designated to receive the BIDS.

Each bidder shall inform itself fully of the construction and labor conditions under which the Work will be performed and shall be presumed to have inspected the Work site and to have read and to be thoroughly familiar with the BIDDING DOCUMENTS. Failure to do so will not relieve the successful bidder of its obligation to furnish all materials and labor necessary to carry out the provision of the Agreement and to complete the Work for the consideration of its BID.

3. GEOTECHNICAL INVESTIGATIONS REPORT. If a geotechnical investigations report and log of borings are provided, they are made available for BIDDER’s information only. The report, if it is provided, is not a warranty of surface or subsurface conditions, nor is it a part of the CONTRACT DOCUMENTS. BIDDER is expected to examine the site and such reports and then decide for itself the character of the materials to be encountered.

OWNER and ARCHITECT/ENGINEER disclaim any responsibility for the accuracy, true location, and extent of the surface and subsurface investigations that have been prepared by others. OWNER and ARCHITECT/ENGINEER further disclaim responsibility for interpretation of that data by BIDDER, i.e. projecting soil-bearing values, rock profiles, soil stability and the presence, level, and extent of underground water or underground facilities.

4. PRE-BID CONFERENCE. A pre-bid conference among OWNER, ARCHITECT/ENGINEER, prospective bidders, and others will be held to discuss the scope of the Work and to discuss questions concerning the Work. Any discussions are not binding, and no addendum will be issued at this conference, but an addendum will be issued afterwards, if necessary to answer questions. The pre-bid conference will be held at the time and place shown in the INVITATION TO BIDDERS. All attendees must sign attendance log giving individual name, firm represented, street address, and telephone number.

5. “OR EQUAL” SUBMISSIONS. Where material or equipment is specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product of another manufacturer, but to set a definite standard of quality or performance. In preparing its proposal, each bidder is expected to include in the base bid the cost of the item so specified. In certain other TECHNICAL SPECIFICATION Sections, manufacturers are listed with “or equal” not included.

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In those Items where “or equal” is not included, it is hereby added and understood to be included, even though not specifically stated in each and every TECHNICAL SPECIFICATION. If a BIDDER chooses to submit a suggested “or equal” product in lieu of a product by one of the named manufacturers, OWNER will evaluate the item to determine if it is an equal. The BIDDER is responsible for providing all data required to evaluate an item submitted as a suggested “or equal.”

OWNER’s decision on whether an unnamed manufacturer is an “equal” shall be final. No claims for additional cost, time delay, etc. will be accepted if unnamed manufacturer is submitted by BIDDER as a suggested “equal” and OWNER decides item is not “equal.”

BIDDER to submit list of items to be submitted as a suggested “or equal” within 15 calendar days after Contract award. No additional suggested “or equal” items will be considered after that time.

6. PERFORMANCE BOND, MAINTENANCE BOND, AND PAYMENT BOND. (See

SECTION VII – GENERAL CONDITIONS.)

7. SUPPLEMENTAL ITEMS. Approximate quantity and a minimum unit price have been established for SUPPLEMENTAL ITEMS as shown in SECTION III – BID. The bidder may not bid a unit price less than the minimum value; however, it may bid an amount greater than the minimum unit price. If no entry is made in the spaces provided, the minimum unit prices shown shall apply.

These SUPPLEMENTAL ITEMS are included to facilitate payment for changes and alterations that may be required to complete the Work. The Work, as provided by the BIDDING DOCUMENTS, is described in bid items other than SUPPLEMENTAL ITEMS. When additional Work covered by SUPPLEMENTAL ITEMS is performed, payment will be based on the quantity actually constructed and the unit prices entered in the BID.

8. DELIVERY OF BIDS. It is each bidder’s responsibility to deliver its BID and bid security to the location named in the INVITATION TO BIDDERS before the closing time. The fact that a BID and bid security were dispatched prior to the closing time will not be considered. The BID and bid security must actually be delivered before the closing time to be considered.

9. FACSIMILE MODIFICATION. (OMITTED)

10. QUALIFICATION OF BIDDERS. Each bidder shall submit a fully completed Contractor’s Statement of Qualification to OWNER with the BID, which statement shall be considered in the award of the Contract. Failure to accurately complete the Contractor’s Statement of Qualification or to submit the Statement will, at OWNER’s option, disqualify the bidder from consideration in the award of the Contract. The form of the Contractor’s Statement of Qualification is included in the documents. No other form of Statement of Qualification will be acceptable. Evidence of out-of-state corporation to conduct business in the state in which the Work is to be performed, along with state contractor license number, must also be provided.

11. AWARD OF CONTRACT. OWNER reserves the right to reject any or all BIDS, including without limitation the right to reject any or all nonconforming, non-responsive, unbalanced or conditional BIDS and to reject the BID of any bidder if OWNER believes that it would not be in the best interest of the Project to make award to that bidder, whether because the BID is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. OWNER also reserves the right to waive all irregularities in bidding, except time of submitting BIDS. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

II – 4/9

In evaluating BIDS, OWNER will consider, among other things, the qualifications of bidders, whether or not the BIDS comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

OWNER may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the General Conditions. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any BID and to establish the responsibility, qualifications and financial ability of bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the CONTRACT DOCUMENTS to OWNER’s satisfaction. OWNER may require Bidders to submit bank references and financial statements in connection with bid evaluation.

OWNER may also consider Bidder’s (or Bidder’s officers’, partners’, directors’, affiliates’) (i) prior dealings with OWNER or with any entity responsible for payment to Bidder under this Contract and

(ii) the amount, size, number, cost, and completion-status of any projects that Bidder currently has underway (including, without limitation, projects underway with OWNER or with any entity responsible for payment to Bidder under this Contract), and the amount, nature, and quality of the manpower, materials, and equipment available to bidder.

By submitting a BID, each Bidder agrees to fully and forever waive and release any claim (known or unknown) it has or may have against the OWNER, and ARCHITECT/ENGINEER, and their respective attorneys, employees, consultants, representatives, and agents arising out of or in connection with the: (i) administration, evaluation, or recommendation (or lack thereof) of any BID; (ii) waiver of any requirements under the Bid Documents or the CONTRACT DOCUMENTS; (iii) acceptance or rejection of any bids; (iv) award of the Contract; and, (v) provision of references (positive or negative) in connection with any work performed by Bidder, and Bidder’s contractors and subcontractors in connection with the Project and the CONTRACT DOCUMENTS, to which Bidder hereby consents and authorizes.

If the contract is to be awarded, it will be awarded to the responsible bidder whose evaluation by OWNER indicates that the award will be most advantageous to the OWNER and result in the best and most economical completion of the Work.

OWNER will give the successful Bidder a Notice of Award within 90 calendar days after the day of the Bid opening, unless otherwise agreed to by the Bidder.

Within 10 days of receipt from the OWNER of the notice of award of the Contract, the successful bidder shall submit to ARCHITECT/ENGINEER all information and other items necessary to complete the CONTRACT DOCUMENTS, including the Schedule of Completion and CONTRACTOR’s safety program. ARCHITECT/ENGINEER shall then prepare the final CONTRACT DOCUMENTS and forward them to the successful bidder for execution. The successful bidder shall return the signed CONTRACT DOCUMENTS to ARCHITECT/ENGINEER within 7 calendar days of receipt, or OWNER may disqualify the BID and accept another BID and the Bidder shall, at OWNER’s option, forfeit its bid security.

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12. FUNDS. OWNER has available sufficient currently appropriated funds to pay the successful bidder in accordance with the provisions of the Contract.

13. TAXES, LICENSES AND FEES. Certain taxes, licenses, fees and other similar items are part of the cost of the Work and it shall be BIDDER’s responsibility to familiarize itself with these costs and to observe and comply with the Laws and Regulations relating to the same. The prices, sums, rates and other charges set forth in the BIDDER’s BID shall cover and include all such costs. OWNER is exempt from Texas sales and use taxes pursuant to Texas Tax Code § 151.309 as a political subdivision of the State of Texas. OWNER shall provide the successful bidder with a completed Texas Sales and Use Tax Exemption Certification as evidence of the applicability of such exemption and, accordingly, BIDDER shall not collect Texas sales and use taxes from OWNER with respect to this contract.

BIDDER and all subcontractors to BIDDER shall issue a Texas Sales and Use Tax Exemption Certification with respect to, and shall not pay Texas sales and use taxes on, all purchases of the following items that are exempt from Texas sales and use taxes pursuant to Texas Tax Code § 151.311:

(i) tangible personal property that will be incorporated into OWNER’s reality; (ii) tangible personal property that is necessary and essential for the performance of this contract and is consumed entirely on the job site; and (iii) taxable services for use in the performance of this contract that are performed at the job site and are either integral to the performance of this contract or expressly required to be provided by this contract. In addition, BIDDER and all subcontractors to BIDDER: (i) shall not include any provision for Texas sales and use taxes with respect to such exempt items in any BID or contract amount, and (ii) shall pass on to OWNER cost savings due to the exempt status of such exempt items. BIDDER’s contracts with all subcontractors to BIDDER shall include the foregoing provision regarding the exemption from Texas sales and use taxes. The certification is included as Attachment

A in SECTION VIII – SPECIAL CONDITIONS OF THE AGREEMENT – PART A.

14. NUMBER OF SIGNED SETS OF DOCUMENTS. The CONTRACT DOCUMENTS will be prepared in at least five original sets for signature, one for delivery to the successful bidder and one for delivery to the ARCHITECT/ENGINEER. OWNER will furnish the successful bidder three sets of PLANS and TECHNICAL SPECIFICATIONS free of charge, and additional sets may be obtained from ARCHITECT/ENGINEER at ARCHITECT’s/ENGINEER’s reproduction rates. The successful bidder shall provide five signed originals of each of the Bonds to be bound with the CONTRACT

DOCUMENTS.

15. WORKERS’ COMPENSATION INSURANCE. These reporting requirements for Workers' Compensation Coverage are mandated by Section 406.096, Texas Labor Code, and the Texas Workers' Compensation Commission Rule, 28 TAC Sec. 110.110, and apply to all building or construction projects for the City of Richmond.

(1) Definitions:

(a) Certificate of coverage ("certificate") means a copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory Workers' Compensation insurance coverage for the CONTRACTOR’s employees providing services on the Project, for the duration of the Project.

(b) Duration of the Project means the time from the beginning of the Work on the Project until the CONTRACTOR's work on the Project has been completed and accepted by the City.

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(c) Persons providing services on the Project ("subcontractor" in the Texas Labor

Code §406.096) means all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the Project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a Project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

(2) The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, section 401.011(44), for all employees of the CONTRACTOR providing services on the Project, for the duration of the Project.

(3) The CONTRACTOR must provide a certificate of coverage to the City prior to being awarded the Contract.

(4) If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the Project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage has been extended.

(5) The CONTRACTOR shall obtain from each person providing services on the Project, and provide to the City:

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

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

(6) The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one year thereafter.

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

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

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(9) The CONTRACTOR shall contractually require each person with whom it contracts to provide services on the Project, to:

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

(b) provide to the CONTRACTOR, prior to that person beginning work on the

Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project;

(c) provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project;

(d) obtain from each other person with whom it contracts, and provide to the

CONTRACTOR;

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

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

(e) retain all required certificates of coverage on file for the duration of the

Project and for one year thereafter;

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

(g) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services.

(10) By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the City that all employees of the CONTRACTOR who will provide services on the Project will be covered by Workers' Compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions.

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

16. LABOR CLASSIFICATION AND PREVAILING WAGE RATE SCALE. SPECIAL

NOTICE TO BIDDERS: (Texas Statute Providing for Labor Classification of Wage Scale and Penalties.) Chapter 2258 of the Texas Government Code (the "Act"), and any amendments thereto, provides that the CONTRACTOR shall forfeit, as a penalty, to the City, County, or State or other political subdivision, Sixty Dollars ($60) per day for each laborer, workman or mechanic who is not paid the stipulated wage for the type of work performed by him set up in the wage scale. The City is authorized to withhold from the CONTRACTOR the amount of this penalty in any payment that might be claimed by the CONTRACTOR or subcontractor. The Act makes the CONTRACTOR responsible for the acts of the subcontractor in this respect. The Act likewise requires that the CONTRACTOR and subcontractor keep an accurate record of the names and occupations of all persons employed by him and to show the actual per diem wages paid to each worker and these records are open to the inspection of the City. In addition, the Act provides that any CONTRACTOR or subcontractor or his representative who fails to keep such record or who refuses to allow the inspection of the records or who fails to comply with the Act insofar as payment of the prevailing wage scale is concerned is guilty of a misdemeanor, and upon conviction, shall be punished by a fine not exceeding Five Hundred Dollars ($500), or by imprisonment in the County Jail not exceeding six months, or by both fine and imprisonment. The City, through its representatives, will make every necessary investigation to determine whether or not the Act is complied with and in case of violation by the CONTRACTOR, or subcontractor, of the provisions of the Act will take all necessary steps to enforce the penalties imposed by this law.

This prevailing wage rate does not prohibit the payment of more than the rates stated.

(See SECTION X – LABOR CLASSIFICATION AND PREVAILING WAGE SCALE.)

17. LIQUIDATED DAMAGES/ECONOMIC DISINCENTIVE FOR LATE COMPLETION OF

WORK. The CONTRACTOR and the OWNER agree that time is of the essence of this Contract.

The CONTRACTOR and the OWNER agree that the Contract is based on completion of the Work by CONTRACTOR in the time specified in the Contract. CONTRACTOR and the OWNER agree that for each and every calendar day the work or any portion thereof shall remain uncompleted after the expiration of the time limit set in the Contract, or as extended under the provisions for extension of time in this Contract, CONTRACTOR shall be liable to OWNER in the amount given in the following schedule for such calendar day. The OWNER shall have the option to deduct and withhold said amount from any monies that the OWNER owes the CONTRACTOR or to recover such amount from the CONTRACTOR or the Sureties on the CONTRACTOR’s bond.

AMOUNT OF CONTRACT AMOUNT PER CALENDAR DAY

1,000.00 - 10,000.00 $ 25.00 10,000.01 - 100,000.00 $ 50.00 100,000.01 - 200,000.00 $ 100.00 200,000.01 - 300,000.00 $ 150.00 300,000.01 - 500,000.00 $ 200.00

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The CONTRACTOR and OWNER agree that the following table represents the statistical average number of rain days in the area of the project and are to be expected. When delays due to rain are requested by the CONTRACTOR, only the number of days in excess of those shown below will be allowed as an extension of time. Requests for rain days shall be submitted on a monthly basis typically with the monthly pay request. All rain days must be verified with the ARCHITECT/ENGINEER and must be of sufficient impact that work cannot be performed. Partial months will be evenly prorated, and all rain days will be applied over the entire contract period of performance, not on a monthly basis.

Month Average Rain

Days

Month Average Rain Days

January 5 July 4

February 4 August 4

March 3 September 5

April 3 October 6

May 4 November 6

June 4 December 5

18. CONTRACTOR DISCLOSURE REQUIREMENTS. Chapter 176 of the Texas Local Government Code (“Chapter 176”) mandates the disclosure of certain items by contractors doing business with or proposing to do business with local government entities, including cities.

The City Officials of the City of Richmond, each being a ”local government officer” as defined in Chapter 176, are listed on the front cover of the Construction Contract Document for this Project for information to the Bidders.

Bidders should review Chapter 176 with their attorney and, if required, return the attached, completed FORM CIQ with their BID.

CERTIFICATE OF INTERESTED PARTIES FORM 1295

Complete Nos. 1 - 4 and 6 if there are interested parties.

Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.

OFFICE USE ONLY

1 Name of business entity filing form, and the city, state and country of the business entity's place of business.

2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed.

City of Richmond

3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract.

Name of Interested Party

City, State, Country

(place of business)

Nature of Interest (check applicable)

Controlling Intermediary

5 Check only if there is NO Interested Party.

6 UNSWORN DECLARATION

My name is_______________________________________________________, and my date of birth is _______________________________.

My address is _______________________________________________, ___________________, _______, ____________, ______________.

(street) (city) (state) (zip code) (country)

I declare under penalty of perjury that the foregoing is true and correct.

Executed in ___________________ County, State of ______________, on the _______, day of ______________, 20_______.

(month) (year)

Signature of authorized agent of contracting business entity

(Declarant)

ADD ADDITIONAL PAGES AS NECESSARY

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 12/22/2017

STATEMENT OF BIDDER'S QUALIFICATIONS

All questions must be answered, and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires.

Name of Bidder:_____________________________ Date Organized:________________________

Address:____________________________________ Date Incorporated:______________________

Number of Years in Contracting Business under Present Name:______________________________

Contracts on Hand:

Anticipated Contract Amount_________________________ Completion Date ___________________________

Type of work performed by your company: _____________________________________________

Have you ever failed to complete any work awarded to you? ________________________________

Have you ever defaulted on a contract? _________________________________________________

List the more important projects recently completed by your firm (be sure to include projects of similar importance):

Project Amount Month/Year Completed

Major Equipment Available for this Contract:

Attach resumes for the principal members of your organization, including the officers as well as the proposed superintendent for the project.

Credit Available: $_____________________ Bank Reference:______________________

Evidence of out-of-state corporation to conduct business in the state in which the Work is to be performed, along with state contractor license number, must also be provided.

The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by City of Richmond in verification of the recitals comprising this Statement of Bidder's Qualifications.

Executed this __________________________ day of ____________________________, 20 ___.

By: _________________________________________

Title: _________________________________________

State of Texas

County of __________________________

Sworn to and subscribed before me on the ____________ day of____________________, 20 , by

Notary Public in and for the State of Texas

(SEAL)

My Commission Expires: ________________________

III - 1/6

III

BID

Bid of ____________________________________________________________, of the County of

___________________, and State of _________, an individual proprietorship, a corporation or limited liability corporation organized and existing under the laws of the State of Texas, or a partnership or limited partnership consisting of ______________________________________________________

To: City of Richmond

Attention: Mayor Rebecca K. Haas c/o Mr. Howard Christian Assistant City Manager 600 Morton Street Richmond, Texas 77469

Undersigned Bidder represents and warrants as follows:

1. That bidder has carefully examined and understands the INSTRUCTIONS TO BIDDERS, this BID, the AGREEMENT, its GENERAL CONDITIONS, SPECIAL CONDITIONS, and SPECIAL PROVISIONS, the TECHNICAL SPECIFICATIONS, and the PLANS for the Work hereinabove described and referred to in the INVITATION TO BIDDERS, hereafter called “BIDDING DOCUMENTS,” requesting BIDS on said Work, dated ____________________, 20____, and also that Bidder has followed the instructions on bidding with respect to any apparent conflicts in the BIDDING DOCUMENTS and agrees that the BIDDING DOCUMENTS are sufficient in design and in detail for the construction of the Work described therein; and that Bidder’s BID is correct and constitutes an offer to perform each element of the Work under the terms and conditions of the BIDDING DOCUMENTS in consideration of the prices bid for each element of the Work, which BID upon acceptance by the OWNER will form a legally binding contract between the parties; and

2. That Bidder has carefully examined the location where the Work will be performed, and has carefully considered the availability of labor, equipment and materials, the laws and regulations which apply to the Work and the methods, manner and means whereby Bidder will carry out the Work, and has otherwise followed carefully the instructions on bidding furnished to the Bidder in connection with the solicitation of BIDS; that Bidder’s authorized representative attended the pre-bid conference, if mandatory; and that Bidder has received and understood all addenda to the BIDDING DOCUMENTS prior to the submission of its BID; and

3. That Bidder is able to furnish, if awarded a contract, PERFORMANCE BOND, MAINTENANCE BOND, and PAYMENT BOND as required by the BIDDING DOCUMENTS and a Certificate of Insurance evidencing the coverages required in the BIDDING DOCUMENTS which names the OWNER and the ARCHITECT/ENGINEER as Additional Insureds where required; and

4. That Bidder is duly qualified to carry on its business in Texas; possesses or has the ability to possess all licenses, permits, and certificates of authority necessary to commence and to complete the Work in accordance with the BIDDING DOCUMENTS; is fully qualified and has experience in performing Work of the same type as the Work covered by the BIDDING DOCUMENTS; and will

III - 2/6

provide all necessary labor, superintendence, machinery, equipment, tools, materials, services, and other means of construction to complete all Work upon which it BIDS and complete the said Work within the time stated and for maintaining same as required for the following prices:

CITY OF RICHMOND

CITY OF RICHMOND MORTON STREET PARKING LOT EXPANSION PHASE II

Item

No.

Item Description Unit Est.

Quan.

Unit Price Total Amount

I. BASE BID

1 LIGHT CLEARING AND GRUBBING

(INCLUDES STRIPPING, CLEARING AND

DEBRIS REMOVAL), COMPLETE AND IN

PLACE, THE SUM OF

AC 1

2 SITE GRADING, COMPLETE IN PLACE,

THE SUM OF

CY 295 $ $

3 PROPOSED SWALE, COMPLETE IN

PLACE, THE SUM OF

LF 214 $ $

4 CONCRETE SIDEWALK, 5-FEET WIDE,

COMPLETE AND IN PLACE, THE SUM OF

LF 169

5 CONCRETE SIDEWALK, 6-FEET WIDE,

COMPLETE AND IN PLACE, THE SUM OF

LF 107 $ $

6 FLY ASH (35#/SY), COMPLETE AND IN

PLACE, THE SUM OF

TONS 39 $ $

7 LIME (15#/SY), COMPLETE AND IN

PLACE, THE SUM OF

TONS 17 $ $

8 6-INCH STABILIZED SUBGRADE

PREPARATION, INCLUDING PROOF

ROLLING, COMPLETE AND IN PLACE,

THE SUM OF

SY 2,249 $ $

9 6-INCH REINFORCED CONCRETE

PAVEMENT, COMPLETE AND IN PLACE,

THE SUM OF

SY 1,001 $ $

10 5-INCH REINFORCED CONCRETE

PAVEMENT, COMPLETE AND IN PLACE,

THE SUM OF

SY 796 $ $

11 6-INCH REINFORCED CONCRETE CURB,

COMPLETE AND IN PLACE, THE SUM OF

LF 916 $ $

12 6-INCH TO 12-INCH TRANSITION

REINFORCED CONCRETE CURB,

COMPLETE IN PLACE, THE SUM OF

LF 30 $ $

13 12-INCH REINFORCED CONCRETE CURB,

COMPLETE AND IN PLACE, THE SUM OF

LF 37 $ $

14 NON-STRUCTURAL CURB WALL,

COMPLETE AND IN PLACE, THE SUM OF

LF 74 $ $

15 TIE TO EXISTING ASPHALT PAVEMENT,

COMPLETE AND IN PLACE, THE SUM OF

LS 1 $ $

16 TIE TO EXISTING CONCRETE

PAVEMENT, COMPLETE AND IN PLACE,

THE SUM OF

LS 1 $ $

III - 3/6

17 CONCRETE WHEEL STOPS, COMPLETE

AND IN PLACE, THE SUM OF

EA 25 $ $

18 WHEELCHAIR RAMPS, COMPLETE AND

IN PLACE, THE SUM OF

EA 1 $ $

19 PARKING STALL MARKINGS, 4-INCH

WIDE, WHITE, DOUBLE COATING,

REFLECTIVE TRAFFIC RATED PAINT,

COMPLETE IN PLACE, THE SUM OF

LF 648 $ $

20 FULL IRRIGATION PACKAGE PER

IRRIGATION PLANS, SHEETS L2.10 AND

L4.10, COMPLETE IN PLACE, THE SUM

OF

LS 1 $ $

21 CONDUIT (PVC) (SCH 80) (4") WITH END

CAP, COMPLETE AND IN PLACE, THE

SUM OF

LF 252 $ $

22 LIGHT POLE FOUNDATION AND UNIT,

COMPLETE IN PLACE, THE SUM OF

EA 3 $ $

23 STREET SIGNS, COMPLETE IN PLACE,

THE SUM OF

EA 5 $ $

24 SAFETY BOLLARD WITH STEEL WIRE

ADJUSTMENT, COMPLETE IN PLACE,

THE SUM OF

LS 1 $ $

25 24-INCH HDPE, COMPLETE IN PLACE,

THE SUM OF

LF 191 $ $

26 24-INCH RCP, COMPLETE IN PLACE, THE

SUM OF

LF 58 $ $

27 STANDARD TYPE “C” MANHOLE (24-

INCH – 42-INCH), COMPLETE IN PLACE,

THE SUM OF

EA 1 $ $

28 STANDARD TYPE “A” INLET, COMPLETE

IN PLACE, THE SUM OF

EA 3 $ $

29 SAFETY END TREATMENT FOR 24-INCH

PIPE, COMPLETE IN PLACE, THE SUM OF

EA 1 $ $

30 TRENCH SAFETY SYSTEM, COMPLETE

IN PLACE, THE SUM OF

LF 249 $ $

31 TRENCH DEWATERING, AS DIRECTED

BY ENGINEER, COMPLETE IN PLACE,

THE SUM OF

LF 249 $ $

32 REGRADE AND RESTORE EXISTING

CALHOUN STREET ROW, COMPLETE IN

PLACE, THE SUM OF

LS 1 $ $

33 CONNECTION TO EXISTING 24-INCH

STORM SEWER STUB OUT INCLUDING

REMOVAL OF 8-INCH BRICK PLUG,

COMPLETE IN PLACE, THE SUM OF

EA 1 $ $

34 REMOVAL AND DISPOSAL OF EXISTING

WOODEN BOLLARD, COMPLETE IN

PLACE, THE SUM OF

EA 2 $ $

ONE-TIME ONLY CONSTRUCTION

STAKING SERVICE BY AXIOM LAND

SURVEYING

LS 1 $ $

5,000 (min) 5,000 (min)$5,000 (min) $5,000 (min)

III - 4/6

36 POST CONSTRUCTION TOPOGRAPHIC

VERIFICATION SURVEY BY AXIOM

LAND SURVEYING

LS 1 $2,800 (min) $2,800 (min)

37 FILTER FIBER FENCE (INCLUDES

INSTALLATION, MAINTENANCE AND

REMOVAL), COMPLETE IN PLACE, THE

SUM OF

LF 502 $ $

38 STAGE II INLET PROTECTION BARRIER

COMPLETE IN PLACE, THE SUM OF

EA 3 $ $

39 STABILIZED CONSTRUCTION ACCESS/

EXIT AT 2ND STREET AND MORTON

ROAD (INCLUDES INSTALLATION,

MAINTENANCE AND REMOVAL;

CONTRACTOR RESPONSIBLE FOR

REMOVAL UPON COMPLETION OF

CONSTRUCTION ACTIVITIES),

COMPLETE IN PLACE, THE SUM OF

EA 1 $ $

40 STORM WATER POLLUTION

PREVENTION PLAN COMPLIANCE

(INCLUDING SWPPP IMPLEMENTATION,

PERFORMING PROJECT SITE

INSPECTIONS, COMPLETING

INSPECTION REPORTS, FILING NOTICES,

POSTING PERMITS, CERTIFICATES AND

NOTICES, INSTALLATION OF NEW

CONTROL MEASURES AND

MAINTENANCE OF EXISTING CONTROL

MEASURES), COMPLETE IN PLACE, THE

SUM OF

LS 1 $ $

41 CONCRETE TRUCK WASHOUT AREA,

COMPLETE IN PLACE INCLUDING

INSTALLATION, MAINTENANCE AND

REMOVAL, THE SUM OF

EA 1 $ $

42 STREET CLEANING, COMPLETE IN

PLACE, THE SUM OF

EA 1 $ $

43 MOBILIZATION, BONDS, PERMITS AND

INSURANCE AS REQUIRED BY

CONTRACT DOCUMENTS (CITY OF

RICHMOND PERMIT FEE WILL BE $0)

LS 1 $ $

TOTAL AMOUNT OF BASE BID =

TOTAL NO. OF CALENDAR DAYS TO COMPLETE BASE BID =

(CONTRACTOR TO SPECIFY)

III - 5/6

The total amount bid equals the total of the following items, each of which shall be billed separately by CONTRACTOR to OWNER:

a. $ Incorporated Material

b. $ Non-Incorporated Material

c. $ All other costs and fees

The amounts set forth above are current estimates by CONTRACTOR of the amounts that will be determined during the progress of the Work. The separated Final Progress billing from CONTRACTOR to OWNER shall reflect the actual amounts expended for the items enumerated in (a), (b), and (c) above.

The undersigned agrees to begin Work within 10 calendar days after written notice to proceed has been given by City. The undersigned also agrees to achieve SUBSTANTIAL COMPLETION of the Work within __________ calendar days after the date of the written notice to proceed.

Receipt and acknowledgement of the following Addenda to the BIDDING DOCUMENTS are hereby made:

Addendum No. _______________ Dated _______________

Addendum No. _______________ Dated _______________

Addendum No. _______________ Dated _______________

Enclosed with this BID is the required bid security in the form of a ____________________ in the amount of $________________________. The undersigned agrees that this amount is the measure of liquidated damages which OWNER will sustain by the failure of the undersigned to execute and deliver the above-named Contract and Bonds, and further agrees that this check shall be collected and retained by OWNER as liquidated damages in the event this BID is accepted by OWNER within 90 calendar days after the date of the opening of BIDS and the undersigned fails to execute the Contract and the required Bonds with OWNER with the conditions hereof, within 10 calendar days after the date CONTRACT DOCUMENTS are received by the undersigned, otherwise said check shall be returned to the undersigned in accordance with the provisions of the INVITATION TO BIDDERS.

ATTEST: __________________________

Name of Bidder (SEAL, if Bidder is a Corporation)

By: Address:

Name: City, State:

Title: County:

Date: Telephone:

III - 6/6

Insurance Carrier:

State of incorporation:

Local agent:

Agent’s address:

Agent’s telephone:

Surety Company:

State of incorporation:

Local agent:

Agent’s address:

Agent’s telephone:

IV – 1/2

IV

AGREEMENT

STATE OF TEXAS }

COUNTY OF FORT BEND }

THIS AGREEMENT, made and entered into this _______ day of ___________________, 20___, by and between City of Richmond, of the County of Fort Bend and the State of Texas, hereinafter termed

“OWNER,” and Construction Masters of Houston, Inc. of the City of Houston, County of Harris, and

State of Texas, hereinafter termed “CONTRACTOR.”

WITNESSETH:

That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, and under the conditions expressed in the Bonds bearing even date herewith, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction of certain improvements as follows:

and all extra Work in connection therewith, under the terms as stated in the GENERAL CONDITIONS, SPECIAL CONDITIONS, and SPECIAL PROVISIONS OF THE AGREEMENT, and, at CONTRACTOR’s own cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said Work, in accordance with the conditions and prices stated in the BID to include the (Complete at the time of award: Base Bid, Base Bid and Alternate Bid No., etc.) attached hereto, for the amount of $6,728,800.00 and in accordance with the INVITATION TO BIDDERS, INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS, SPECIAL CONDITIONS (PART A and PART B), DRAWINGS (PLANS), and other drawings and printed or written explanatory matter thereof, and the TECHNICAL SPECIFICATIONS and Addenda thereto, hereafter called “CONTRACT” and/or “CONTRACT DOCUMENTS,” as prepared the ARCHITECT/ENGINEER, each of which has been examined by CONTRACTOR and OWNER, together with CONTRACTOR’s written BID, and the PERFORMANCE…