Project Manual _ Specifications.pdf

THE CITY OF RICHLAND HILLS, TEXAS

CONTRACT DOCUMENTS AND SPECIFICATIONS

FY 2026 STREET PROJECT – CECIL DRIVE

Prepared by:

Halff Associates, Inc.

2601 Meacham Blvd. Suite 600

Fort Worth, Texas

TBPELS Firm No. 312

MAYOR

Curtis Bergthold

CITY COUNCIL

PLACE 1: Mike Witt, Mayor Pro Temp

PLACE 2: Travis Malone

PLACE 3: Allison Barger

PLACE 4: John Skier

PLACE 5: Athena Campbell

PLACE 6: Roland Goveas

CITY MANAGER

Jason Moore

CITY ENGINEER

David A. Burkett, P.E.

TABLE OF CONTENTS

SECTION I CONTRACTUAL DOCUMENTS

Notice to Bidders

Instructions to Bidders

Qualifications Statement

Bid Proposal

Standard Form of Agreement

Performance Bond

Payment Bond

Maintenance Bond

Certificate of Insurance (Sample Form)

Verification of Compliance with Government Code

Chapters 2552 and 2270

Contractor’s Affidavit of Final Payment

SECTION II GENERAL CONDITIONS OF AGREEMENT

SECTION III SPECIAL CONDITIONS AND FEDERAL LABOR

STANDARDS

SECTION IV TECHNICAL SPECIFICATIONS

ATTACHMENTS ATTACHMENT “1” – CITY OF RICHLAND

HILLS PROJECT SIGN DETAIL

SECTION I

CONTRACTUAL DOCUMENTS

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NOTICE TO BIDDERS

(Advertisement)

Sealed Proposals on forms prepared by the Engineer will be received by the CITY OF

RICHLAND HILLS at the OFFICE OF THE CITY SECRETARY, 3200 DIANA DR., RICHLAND HILLS, TX. 76118 until 2:00 P.M. (local time) on TUESDAY, SEPTEMBER 22, 2026 for the FY 2026 STREET PROJECT – CECIL DRIVE in accordance with drawings, specifications and other Contract Documents prepared by HALFF.

Proposals will be publicly opened at 2:00 P.M., at the CITY HALL COUNCIL CHAMBERS, 3200 DIANA DR., RICHLAND HILLS, TX 76118.

Complete Contract Documents & Specifications, as needed for bidding on the project, may be examined without charge or deposit at the office of the CITY OF RICHLAND HILLS. Digital bid documents can be obtained, at no cost, by contacting Connor Cranford of Halff Associates, Inc. at ccranford@halff.com. It is the responsibility of the interested party to print the bidding documents or they may be obtained from HALFF ASSOCIATES, INC. at 2601 Meacham Blvd

Suite 600, Fort Worth, TX 76137, at a non-refundable cost of $100.00 for each set of documents so obtained.

Proposal Guaranty consisting of either a cashier’s check or a Bid Bond on the form included or similar form of Surety Company (FACSIMILES WILL NOT BE CONSIDERED RESPONSIVE) made payable to the CITY OF RICHLAND HILLS, and in the amount equal to at least five percent (5%) of the total amount of the proposal (including additive alternate), must accompany each bid as a guaranty that if the proposal is accepted, the bidder will execute the Contract and furnish the required Bonds within the time provided in the “INSTRUCTIONS TO BIDDERS”.

Minimum rates of pay to all laborers and mechanics on the project must not be less than as provided in the Wage Rate Schedule and wage provisions must particularly comply with all other applicable wage laws of the State of Texas.

The Owner reserves the right to award the Contract at any time within sixty (60) days after date of receiving bids, or to reject any or all bids and waive any or all informalities.

Contractors MAY attend an optional pre-bid meeting with the Engineer at CITY HALL

COUNCIL CHAMBERS, 3200 DIANA DR., RICHLAND HILLS, TX 76118. at 2:00 P.M. (local time) on TUESDAY, SEPTEMBER 10, 2026 for FY 2026 STREET PROJECT – CECIL

DRIVE.

OFFICIAL ADVERTISEMENT:

First Publication: September 4, 2026 Signed: ____________________

David A. Burkett, P.E.

Second Publication: September 8, 2026 Title: City Engineer mailto:ccranford@halff.com

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INSTRUCTIONS TO BIDDERS

PREPARATION OF BID

Each bid must be submitted in a sealed envelope bearing the name and address of the bidder, name of project and bid number for which the bid is submitted.

QUALIFICATION OF BIDDER

The Owner will make such investigations as he deems necessary to determine the ability of the bidder to perform the work. The bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work as described. Conditional bids will not be accepted.

The Contractor shall show that he has experience with similar projects that require working in confined areas in close proximity to many physical features (such as: fences, utility poles, guy lines, gas lines and meters, sewer manholes and cleanouts, etc.) which will require the Contractor to plan his work efforts and equipment needs with these limitations in mind. The Contractor shall submit a complete list of ALL Municipal and Similar Non-Municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform this work.

As shown on the following qualification statement, please include a list of all sub-contractors that the contractor anticipates using on this project.

BID SECURITY

Each bid must be accompanied by a certified check or a bid bond, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of five percent (5%) of the bid. Such checks or bid bonds will be returned to all except the three lowest bidders within thirty (30) days after the opening of bids. The remaining checks or bid bonds will be returned promptly after the Owner and the successful bidder have executed the contract.

The contract will be executed only after City Council approval of submitted bid.

The successful bidder shall forfeit to the Owner, as liquidated damages, the security deposited upon his failure or refusal to execute and deliver the contract, performance and payment bonds, if required, within ten (10) days after he has received notice of the acceptance of his bid.

POWER OF ATTORNEY

Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and current copy of their power of attorney.

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PERFORMANCE AND PAYMENT BONDS

It is agreed by the parties that the Contractor will execute separate performance and payment bonds, each in the sum of one hundred percent (100%) 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 or furnishing him any equipment in the execution of the contract. It is agreed that this contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner. No exceptions to this provision allowed. Unless otherwise approved in writing by the

Owner, 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. The cost of the premium for the performance and payment bonds shall be included in the

Contractor's proposal.

TIME OF COMPLETION

Bidder must agree to commence on or before the date stated in Contract, and to fully complete the project within the specified time as stated in the proposal.

CONDITIONS OF WORK

At the time of the bid opening it is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work and has fully informed himself of the general and local conditions relating to the completion of the project and any and all other matters which can in any way effect the work under this contract. Contractor has read and is thoroughly familiar with the construction documents and contract documents (including all addenda). Failure to do so will not relieve the successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of the contract. No verbal agreement or conservation with any officer, agent or employee of the Owner or Engineer, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained.

LAWS AND REGULATIONS

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

METHOD OF AWARD

This contract shall be awarded for the best bid submitted by a responsible bidder meeting the requirements of the City of RICHLAND HILLS. In submitting a bid, Contractors verify their bid will be valid for sixty (60) days after the opening of bids. No award will be made until after investigations are made as to the responsibilities of the bidder. If such bid exceeds budget amount, the Owner may reject all bids or may award the contract on the base bid without additive alternates

I-4 so as to produce an amount which is within the available funds. No combined or conditional bids will be accepted.

WORK ORDER CHANGES

It is agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated. All work is to be performed as provided for in the specifications. The Owner reserves the right to increase or decrease the amount of work to be done by any amount not to exceed twenty-five percent (25%) of the original contract amount.

In the event the increase pertains to items not originally bid, the Contractor shall submit a bid in writing to the Engineer for approval.

All change orders shall be approved by the RICHLAND HILLS' designated representative prior to work being started on said change. The Owner reserves the right to reject the Contractor's bid on such extra work and secure such work to be done other than by said Contractor.

STATE AND CITY SALES TAX

The Contractor's attention is directed to Section 15.311 of the Tax Code of the State of Texas.

Recent legislation has removed the sales tax exemption previously provided by Section 15.311 of the Tax Code covering tangible personal property purchased by a Contractor for use in the performance of a contract for the improvement of City owned realty.

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

PROHIBITION AGAINST PERSONAL FINANCIAL INTEREST IN CONTRACTS

No officer or employee shall have a direct or indirect interest, in any proposed or existing contract, purchase, work, sale or service to or by the City or shall vote or render a decision, or use his position, authority, influence in a manner that would result in his financial betterment to any degree (RICHLAND HILLS City Charter, Section 13, Item 1).

TEXAS ETHICS COMMISION FORM 1295

Pursuant to Texas Government Code § 2252.908, the City may not award this contract to a bidder unless the bidder has provided to the City a completed, signed and notarized Form 1295 that has been assigned a certificate number by the Texas Ethics Commission (the “TEC”). Pursuant to

I-5 rules adopted by the TEC, the Form 1295 must be completed online through the TEC’s website, assigned a certificate number, printed, signed and notarized, and provided to the City. The

Apparent Low Bidder shall complete Form 1295 and submit it to The City of Richland Hills, 3200 Diana Dr., Richland Hills, Texas, 76118, no later than October 12, 2026.

For purposes of completing the Form 1295, the entity’s name is “The City of Richland Hills”; the contract ID number is 2026-001; and the description of goods and services is “FY 2026 STREET

PROJECT – CECIL DRIVE”

Neither the City nor any of its consultants has the obligation or ability to verify the information included in a Form 1295; and neither the I-5iCity nor any of its consultants has any obligation, nor does it undertake any responsibility, to advise any bidder as to the proper completion of a Form 1295.

SENATE BILL 252 AND HOUSE BILL 89 VERIFICATION FORM

In compliance with Section 2270.002, Texas Government Code, and Chapter 2252, Subchapter

F, Texas Government Code, the City may not award this contract to a bidder unless the bidder has provided to the City a completed, signed, and notarized “Verification of Compliance with

Government Code Chapters 2252 and 2270” Form. The City shall provide said form to the apparent low bidder. The Apparent Low Bidder shall complete the verification and submit it to The City of Richland Hills, 3200 Diana Dr., Richland Hills, Texas, 76118, no later than

October 12, 2026.

Neither the City nor any of its consultants has the obligation or ability to verify the certifications contained in the aforementioned Verification Form.

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BIDDERS QUALIFICATION STATEMENT

Project: FY 2026 STREET PROJECT – CECIL DRIVE

Contractor: ______________________________________________________________

Indicate One: Sole Proprietor Partnership Other

Corporation _____ Joint Venture

Name: Partner:

Title: Title:

Address: Address:

City: City:

State & Zip: State & Zip:

Phone: Phone:

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

Location of Principal Office:

Contact and Phone at Principal Office:

Liability Insurance Provider and Limits of Coverage:

Workers Compensation Insurance Provider:

Surety (Performance and Payment):

Address:

Contact and Phone:

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Superintendent and Backup Superintendent: (Work Resume - attach additional sheets.) (Safety

Record – attached additional sheets; if needed show all verified safety violations.) The superintendent shall be able to communicate in English and not operate any equipment and have not had any verified job safety violations in the past five years. Any variations shall be reviewed by the

OWNER for approval or denial. A job site shall be shut down if proper supervision is not provided.

Superintendent Name Backup Superintendent Name

Phone:_______________________________ Phone:_________________________

Email:_______________________________ Email:_________________________

Safety Record – List ALL Verified Violations for Superintendent and Backup Superintendent with explanation, date and action taken to correct future safety violations:

Superintendent

Backup Superintendent

Total Number of Employees to be Associated with this Job:

Managerial Administrative Professional

Skilled Semi-Skilled Other

Percentage of work to be done by Bidder’s Employees (Based on Dollars Bid):

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Type(s) of work to be done by Bidder’s Employees (examples: concrete paving, structural concrete, waterlines, sanitary sewer lines, storm pipe, storm inlets, excavation, lime, bridge fencing, etc.)

Access to Tools and Equipment: Percent Owned____ Percent Rented____

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

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

Include Name, Address, and Phone Number of Sub-Contractor.

Use additional sheets if needed.

Type of Work Sub-Contractor

List Equipment to be used on this project (Make/Model/Age of Major Equipment) Any Equipment not listed shall be reviewed by the OWNER for approval or rejection prior to use of Equipment on this project. (Use additional sheets if necessary)

Type of Equipment Make Model Age (years)

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List of ALL Municipal and Similar Non-Municipal current and completed projects for the past three (3) years. (Use additional sheets if necessary.)

1. Project: ____________________________________________________________

Current Status:

Any Litigation Issues: Yes or No (Circle One) If Yes, explain:

Any Verified Safety Violations: Yes or No (Circle One) If Yes, explain:

Project Description: ____________________________________________________

Owner/Agency: _______________________________________________________

Year Built: ________________ Contract Price: ______________________________

Contact Person: ___________________________ Phone: ______________________

2. Project: ____________________________________________________________

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Year Built: ________________ Contract Price: _______________________________

3. Project: ______________________________________________________________

Project Description: ___________________________________________________

4. Project: ______________________________________________________________

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Project Description: _______________________________________________________

Owner/Agency: __________________________________________________________

Year Built: ________________ Contract Price: _________________________________

Contact Person: ___________________________ Phone: _________________________

5. Project: ________________________________________________________________

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Year Built: ________________ Contract Price: ______________________________

6. Project: ______________________________________________________________

Project Description: ______________________________________________________

7. Project: _________________________________________________________________

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Project Description: _____________________________________________________

Owner/Agency: _________________________________________________________

Year Built: ________________ Contract Price: ________________________________

Contact Person: ___________________________ Phone: ________________________

8. Project: _______________________________________________________________

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9. Project: ______________________________________________________________

Contact Person: __________________________ Phone: _______________________

10. Project: ______________________________________________________________

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

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

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Claims and Suits (if the answer to any of the following questions is yes, please attached details):

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

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

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

4. Within the last five (5) years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract?

I, being duly sworn deposes and says that the information

Provided herein is true and sufficiently complete so as not to be misleading.

Date this ______ day of , 20____.

Name of

Organization: _____________________________________________________________

By: _____________________________________________________________________

Title: ___________________________________________________________________

STATE OF TEXAS

COUNTY OF TARRANT

BEFORE ME the undersigned authority, on this day personally appeared _____

______________________, known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 .

Notary Public in and for County, Texas

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BID PROPOSAL FOR

FOR THE

CITY OF RICHLAND HILLS, TEXAS

(THIS PROPOSAL MUST NOT BE REMOVED FROM THE CONTRACT

DOCUMENTS)

Date:_________________

TO: CITY OF RICHLAND HILLS

3200 DIANA DR.

RICHLAND HILLS, TX 76118

FOR: FY 2026 STREET PROJECT – CECIL DRIVE

Pursuant to the foregoing “NOTICE TO BIDDERS”, the undersigned bidder, having thoroughly examined the Contract Documents, the site of the project and understanding the amount of work to be done and the prevailing conditions, hereby proposes to fully complete all of the work and requirements as provided in the construction documents and Contract Documents and binds himself/herself upon acceptance of this proposal to execute a contract and furnish such bonds as required and proposes to complete the work within the time stated and for the following prices:

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PROPOSAL FOR

The undersigned bidder acknowledges receipt of the following Addenda (if none received then write NONE of N/A across the blanks):

Addendum No. 1 Date Received _____________________________2026

Addendum No. 2 Date Received _____________________________2026

Contractor shall also acknowledge receipt of Addenda on the outside of your Bid Envelope.

The undersigned bidder agrees to execute and file with the Owner a contract and bonds on the forms provided within ten (10) days after written notification of award of the contract to him and to begin the work to be performed under the contract within fifteen (15) days after written authorization to begin work (Work Order) and to complete the work in full within 180

Consecutive Calendar Days after the date specified in the “Notice to Proceed / Work Order”.

Enclosed with this proposal is a certified check or cashier’s check or bid bond payable to the

CITY OF RICHLAND HILLS in the amount of five percent (5%) of the total bid, which is to become the property of the CITY OF RICHLAND HILLS, or the attached Bidder’s Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby.

Respectfully Submitted, Signed: ___________________________________

Company: ___________________________________

Address: ___________________________________

Email: ___________________________________

Phone: ___________________________________

Mobile: ___________________________________

Fax: ___________________________________

Submitted By ____________________________________________________ (Corporation) (Co-Partnership) (Individual)

Doing Business As ________________________________________________

STANDARD FORM OF AGREEMENT

SEAL

If Bidder is

Corporation

Unit

Item No. Description Unit Quantity Price Amount

Barricades, Warning and Detour Signs, designed and implemented for temporary traffic control during construction, work fully performed, complete in place

LS 1

SWPPP, Erosion and Sedimentation Control, implemented and maintained, including preparation of Notice of Intent and Notice of

Termination, work fully performed, complete in place

LS 1

Mobilization and General Site Preparation, work fully performed, complete in place.

LS 1

Miscellaneous Construction Contingency, furnished and installed complete in place

LS 1 $50,000.00 $50,000.00

5 Preconstruction Video, work fully performed LS 1

6 Cleanup, work fully performed LS 1

Construction Staking, work fully performed, constructed complete in place

LS 1

8 Project Signs, furnished and installed complete in place, and removal EA 1

Block Sodding & 4-inch Topsoil, furnish and install, complete in place

SY 1,623

10 Inlet Protection, furnish and install, complete in place EA 1

11 Rock Filter Dam, furnish and install, complete in place LF 15

Mill & Overlay Asphalt Pavement, Work fully performed, complete in place.

SY 462

Sawcut, Remove, and Replace Asphalt (Full Depth) Work fully performed, constructed complete in place.

SY 52

Sawcut and Remove Existing Concrete Pavement, work fully performed, constructed complete in place

SY 2,153

Sawcut and Remove Existing Concrete Channel, work fully perfomed, constructed complete in place

SY 62

Sawcut and Remove Concrete Sidewalk, work fully performed, constructed complete in place

SY 9

Sawcut and Remove Existing Driveway Pavement, work fully perfomed, constructed complete in place

SY 336

Sawcut and Remove Concrete Curb and Gutter, work fully performed, constructed complete in place

LF 982

Remove & Replace Brick Pavers, work fully performed, constructed complete in place

SY 2

Remove Existing Pipe Barricade, work fully performed, constructed complete in place

EA 1

Unclassified Street Excavation, work fully performed, complete in place

CY 199

6-inch Thick Grade 1 or 2 Type A Flex Base, work fully performed, complete in place

SY 2,697

PROPOSAL / UNIT PRICE BID SCHEDULE

FY 2026 STREET PROJECT - CECIL DRIVE

Base Bid: CECIL DRIVE

Section I: Roadway

4-inch HMAC Type "B" Base Course PG 64-28, work fully performed, complete in place

SY 2,162

2-inch HMAC Type "D" Surface Course

PG 64-28, work fully performed, complete in place

SY 2,162

6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete

Driveway and Approach Pavement, work fully performed, complete in place

SY 386

6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete

Valley Gutter, work fully performed, complete in place

SY 26

4-inch Thick, 4,000 psi Portland Cement Reinforced Concrete

Sidewalk, work fully performed, complete in place

SY 9

8-inch Thick, 4,200 psi Portland Cement Reinforced Concrete

Channel, work fully performed, complete in place

SY 24

Concrete Curb and Gutter, work fully performed, constructed complete in place

LF 1,142

Metal Beam Guard Fence, work fully performed, constructed complete in place

LF 80

Dead End Barricade, work fully performed, constructed complete in place

EA 2

Remove Existing Fire Hydrant, including Excavation and Backfill, work fully performed, complete in place

EA 1

Remove and Salvage Existing Water Valve, including Excavation and Backfill, work fully performed, complete in place

EA 1

Abandon Existing Water Line, work fully performed, complete in place

LF 813

Trench Safety for Water Lines, furnish and install where required by

OSHA Standards that are in effect at the time of bidding, work fully performed, complete in place

LF 993

8-inch AWAA C900 PVC DR 18 (Class 150) Water Line (open cut), furnish and install, including Excavation, Embedment, Backfill, Fittings, Concrete Blocking & Clean Up, work fully performed, complete in

LF 993

37 8-inch Gate Valve, including concrete collar, furnish and install EA 1

Connect to Existing Water Line, work fully performed, complete in place

EA 2

3/4-inch SDR 9 Polyethylene Water Service Line (Short), work fully performed, complete in place

EA 8

3/4-inch SDR 9 Polyethylene Water Service Line (Long), work fully performed, complete in place

EA 7

Fire Hydrant Assembly, including 6-inch lead line, 6-inch gate valve, and barrel extension, furnish and install, work fully performed, complete in place

EA 3

Trench Safety for Sanitary Sewer Lines, furnish and install where required by OSHA Standards that are in effect at the time of bidding, work fully performed, complete in place

LF 598

Remove Existing Sanitary Sewer Lines (various sizes), work fully performed, complete in place

LF 655

Remove Existing Sanitary Sewer Vent Structure & Connection

Line, work fully performed, complete in place

EA 1

Section II: Water

Section III: Sanitary Sewer

Adjust Sanitary Sewer Manhole to Grade with Concrete Apron, work fully performed, complete in place

EA 1

4-Foot Diameter Sanitary Sewer Manhole W/Concrete Blockout, work fully performed, complete in place

EA 2

Install Sanitary Sewer Manhole Vent Structure & Connection Line, work fully performed, complete in place

EA 1

8-inch PVC SDR 26 Sanitary Sewer (open cut), work fully performed, complete in place

LF 598

49 4-inch Sanitary Sewer Service Line (Short Service) EA 6

50 4-inch Sanitary Sewer Service Line (Long Service) EA 8

Sanitary Sewer Pre-Construction Television Inspection, work fully performed, complete in place

LF 598

Sanitary Sewer Post-Construction Television Inspection, work fully performed, complete in place

LF 598

53 Reimbursable Irrigation Repairs LS 1 $25,000.00 $25,000.00

TOTAL BASE BID AMOUNT $

SUMMARY

A. Materials Incorporated into Work $

B. Materials Not Incorporated into Work $

C. Other, Labor, Etc. $

NOT TO EXCEED TOTAL WRITTEN AMOUNT OF BID (A+B+C)

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As Adopted by

THE TEXAS SECTION OF THE AMERICAN SOCIETY OF CIVIL ENGINEERS

October 7,1971

Revised November 17, 1928 Revised April 15, 1932

Revised October 27, 1934 Revised October 19, 1945

Revised April 8, 1954 Revised April 21, 1960 Revised October 7,1971

Approved as to Legal Form by

Legal Counsel

COUNTY OF TEXAS TARRANT

This AGREEMENT, made and entered into this ___________ day of _______________ 20___, by and between the CITY OF RICHLAND HILLS, of the County of TARRANT and State of

Texas acting through CURTIS BERGTHOLD, MAYOR thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, the City of RICHLAND HILLS, County of

TARRANT and State of TEXAS, Party of the Second Part, hereinafter termed CONTRACTOR.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bond bearing even date herewith, the said Party of the Second Part

(CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements and described as follows:

and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Notice of Contractors, General and Special Conditions of Agreement, Construction Documents and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda therefore, as prepared by THE CITY OF RICHLAND HILLS, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the

CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the

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Performance and Payment Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract.

The CONTRACTOR hereby agrees to commence work within fifteen (15) days after the date written notice to do so shall have been given to him, and to substantially complete the same within 180 calendar days after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and Special Conditions.

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

IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day I first above written.

The CITY OF RICHLAND HILLS ____________________________ Party of the First Part (OWNER) Party of the Second Party (CONTRACTOR)

By _______________________________________ By ___________________________________

ATTEST: ATTEST:

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PERFORMANCE BOND

STATE OF TEXAS }

COUNTY OF TARRANT }

KNOW ALL PERSONS BY THESE PRESENTS: That of the City of , County of and State of as principal, and authorized under the laws of the State of to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF RICHLAND HILLS (OWNER), in the penal sum of

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

WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the

___________ day of ___________ 20___, to perform:

which contract is hereby referred to and made part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said

Principal shall faithfully perform the said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Construction Documents hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect:

"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of (Article 5160 for Public Work) (Article 5472d for Private Work)* of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter or Article to the same extent as if it copied at length herein.”

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

*Not applicable for federal work. See "The Miller Act," 40 U.S.C. S270.

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

Principal Surety

By: ___________________________ By: ____________________________

Title: ____________________________ Title: _____________________________

Address: _________________________ Address: __________________________

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

I-23

PAYMENT BOND

STATE OF TEXAS }

COUNTY OF TARRANT }

KNOW ALL PERSONS BY THESE PRESENTS: That of the City of and State of , as principal, and authorized under the laws of the State of to act as surety on bonds for principals, are held and firmly bound unto THE CITY

OF RICHLAND HILLS (Owner), in the penal sum of

( ) the payment whereof, the said

Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents:

WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the _________ day of __________20___, to construct:

which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said

Principal shall pay all claimants supplying labor and/or material to him and/or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void;

otherwise to remain in full force and effect;

"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statues of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein."

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

I-24

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

By _______________________________ By ________________________________

Title _______________________________ Title _______________________________

Address ____________________________ Address ____________________________

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

I-25

MAINTENANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS: That as Principal, and , a corporation authorized to do business in the State of Texas, as surety, do hereby acknowledge themselves to be held and bound to pay unto the CITY OF RICHLAND HILLS, a municipal corporation of the State of Texas its successors and assigns, at RICHLAND HILLS, Tarrant County, Texas the sum of

( ) 50% of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally.

This obligation is conditioned, however, that:

WHEREAS, said has this day entered into a written contract with the said CITY OF RICHLAND HILLS to build and construct.

which Contract and the Construction Documents therein mentioned, adopted by the CITY OF

RICHLAND HILLS, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and

WHEREAS, under the said Construction Documents and Contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of two (2) years from the date of acceptance thereof and do all necessary repairs, reconstruction and renewal of any part of said construction, and to furnish the labor and materials to make good and to repair any defective condition growing out of or on account of the breakage or failure of any substance or the improper function of any part of the construction work. The Contractor shall reimburse the Owner for the costs of all Engineering and special services required to be furnished by the Owner which are directly attributable to the restoration of the constructed work to a functional use during the said period as set forth above. It is the intended purpose of this section to require the correction of all defective conditions resulting from materials furnished or work and labor performed by the Contractor under the conditions prescribed by the Construction

Documents and Contract; and, in case the Contractor shall fail or refuse to commence and actively pursue such corrections within ten (10) days after proper written notifications have been furnished to him by the Owner, it is agreed that the Owner may do said work and work and supply such materials and the said Contractor and Surety herein shall be liable for the payment of all costs thereby incurred.

I-26

NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of two (2) years as herein and in said Contract provided, then these presents shall be null and void and have no further effect;

otherwise, to remain in full force and effect.

It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or any matter affected from any cause during said time.

IN WITNESS WHEREOF the said as Contractor and Principal, has caused these present to be executed by and the said as surety, has caused these presents to be executed by its Attorney-in-Fact and the said Attorney-in-Fact has hereunto set his hand this the ___day of ____________, 20___.

By ___________________________ By__________________________

Title __________________________ Title_________________________

Address _______________________ Address______________________

Attorney-in-Fact

Phone # : ( )_____________________

I-27

CERTIFICATE OF INSURANCE

TO: CITY OF RICHLAND HILLS DATE:____________________

OWNER

ADDRESS: 3200 DIANA DR. PROJECT NO: _____________

RICHLAND HILLS, TX 76118 TYPE OF PROJECT: PAVING,

WATER, SEWER

THIS IS TO CERTIFY THAT:

(NAME AND ADDRESS OF INSURED)

is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the types of Insurance and in accordance with the provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted on reverse side hereof.

TYPE OF INSURANCE

TYPE POLICY

NUMBER

EFFECTIVE /

EXPIRES

LIMITS OF LIABILITY

WORKMEN’S

COMPENSATION

PUBLIC

LIABILITY

1 PERSON $__________

1 ACCIDENT $________

CONTINGENT

LIABILITY

1 PERSON $___________

1 ACCIDENT $________

PROPERTY

DAMAGE

BUILDER’S RISK

AUTOMOBILE

OTHER

I-28

VERIFICATION OF COMPLIANCE WITH

GOVERNMENT CODE CHAPTERS 2252 AND 2270

In compliance with Section 2270.002, Texas Government Code, and Chapter 2252, Subchapter F, Texas Government Code, the undersigned hereby certifies and verifies as follows:

1. I am authorized to execute this verification on behalf of _____________________ which has entered with THE CITY OF RICHLAND HILLS into ___________________contract, dated (the “Contract”).

2. Vendor does not boycott Israel and will not boycott Israel through the term of the

Contract. For purposes of this verification, “boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

3. At the time of execution and delivery of the Contract, neither Vendor nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of Vendor (a) engages in business with Iran, Sudan or any foreign terrorist organization as described in Chapters

806 or 807, Texas Government Code, or Chapter 2252, Subchapter F, Texas Government Code, or (b) is a company listed by the Texas Comptroller under Sections 806.051, 807.051 or 2252.153, Texas Government Code (if such list or lists have been promulgated by the Comptroller). The term “foreign terrorist organization” as used in this paragraph 3 has the meaning assigned to such term in Section 2252.151, Texas Government Code.

EXECUTED THIS _____ day of __________________, 20___.

By:

Name:

Title:

STATE OF _____________ §

COUNTY OF ____________ §

Executed before me by ___________________ on this _____ day of _______________, 20___.

(SEAL) Notary Public in and for the State of ______

I-29

CONTRACTOR'S AFFIDAVIT OF FINAL PAYMENT

BEFORE ME, the undersigned authority, on this day personally appeared_________________

__________________________, (hereinafter referred to as (Affiant), who, after being by me

(NAME)

duly sworn, deposes and says that he/she is the _____________________________________

(TITLE)

of

(NAME OF COMPANY, CORP., PARTNERSHIP, TRADE NAME )

of Tarrant County, State of Texas (hereinafter referred to as (Contractor), which said Contractor was awarded the contract dated the _____ day of _________, 20__ for the construction of the FY

2026 STREET PROJECT – CECIL DRIVE (hereinafter referred to as the "Work"), for a total consideration of

( ) to be paid to the said Contractor (the Contract), and that Affiant has full power of authority to make this affidavit.

That THE CITY OF RICHLAND HILLS, (hereinafter referred to as "Owner"), has approved the final estimate on said Work, and that the said Contractor has fully satisfied and paid any and all claims that may be covered by Chapter 53 of the Texas Property Code, and Chapter 2253 of the

Texas Government Code, or any other applicable statutes or charter provisions, and that all just bills for labor and materials have been paid and discharged by said Contractor insofar as they pertain to the Work in question.

That in addition to any funds which may have been previously paid by the Owner, the Contractor hereby accepts the amount of

( ) as FULL AND FINAL PAYMENT under the aforementioned Contract, and hereby waives and releases any right Affiant and/or the

Contractor may have to pursue claims of any nature against the Owner arising out of or in any manner connected with the performance of the Work and/or the Contract, including but not limited to claims of third parties that supplied material and/or labor for the Work for or through the

Contractor (hereinafter referred to as "Subcontractors"), as well as claims for delay, additional compensation or for recovery of liquidated damages which may have been withheld by the Owner.

The Contractor shall defend, hold harmless and indemnify the Owner from any such claims of

I-30 such claims of such Subcontractors. The Contractor further releases the Owner from any claim or liability arising from any act or neglect of the Owner related to or connected with the Contract.

This affidavit is given pursuant to the final payment provisions of the Contract, and shall not be deemed to alter or modify the terms and provisions of said Contract.

This affidavit is made in compliance with the law and in compliance especially with Chapter 2253 of the Texas Government Code and that the undersigned, upon his/her oath, states that the facts indicated in the above instrument of writing are true and correct and that he/she is not incapacitated an any way from making this affidavit.

WITNESS my hand this the ______________ day of ________________, 20________

(Affiant)

(Printed Name)

SUBSCRIBED AND SWORN TO BEFORE ME, this the ______________day of____________________, 20_________

(Notary Public in and for the State of Texas) (Type or Print Notary's Name)

My Commission Expires: __________________________

SECTION II

GENERAL CONDITIONS OF AGREEMENT

II-1

GENERAL CONDITIONS OF AGREEMENT

DEFINITIONS OF TERMS

1. OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement and are referred to throughout the Contract Documents as if singular in number and masculine in gender. The term ENGINEER means the ENGINEER or his duly authorized representative. The ENGINEER shall be understood to be the ENGINEER of the OWNER, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the ENGINEER and the CONTRACTOR.

2. CONTRACT DOCUMENTS. The Contract Documents shall consist to the Notice of Contractors (Advertisement), Special Conditions (Instructions to Bidders), Proposal, signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Technical Specifications, Construction Documents, and all modifications thereof incorporated in any of the documents before the execution of the Agreement.

The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Construction Documents, and General

Conditions of Agreement.

3. SUB-CONTRACTOR. The term Sub-Contractor, as employed herein, includes only those having a direct contract with the CONTRACTOR, and it includes one who furnishes material worked to a special design according to the construction documents or specifications of this work, but does not include one who merely furnishes material not so worked.

4. WRITTEN NOTICE. Written notice shall be deemed to have been duly serviced if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended or if delivered at or sent by registered mail to the last business address known to him who gives the notice.

5. WORK. The CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and

II-2

quality of materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards.

6. EXTRA WORK. The term "Extra Work" as used in this contract shall be understood to mean and include all work that may be required by the ENGINEER or OWNER to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the construction documents, or reasonably implied by the specifications, and not covered by the CONTRACTOR'S Proposal, except as provided under "Changes and

Alterations", herein.

7. CALENDAR DAY. "Calendar Day" is any day of the week or month, no days being excepted.

8. SUBSTANTIALLY COMPLETED. By the term "substantially completed" is meant that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment.

RESPONSIBILITIES OF THE ENGINEER AND THE CONTRACTOR

9. OWNER-ENGINEER RELATIONSHIP. The ENGINEER will be the OWNER'S representative during construction. The duties, responsibilities and limitations of authority of the ENGINEER as OWNER'S representative during construction are as set forth in the

Contract Documents and shall not be extended or limited without written consent of the

OWNER.

The ENGINEER will advise and consult with the OWNER, and all of OWNER'S…