Wastewater_Treatment_Plant_No._3_Expansion_Project_(Addendum_#1_Revision).pdf

CITY OF ROSENBERG

CONTRACT DOCUMENTS

AND

TECHNICAL SPECIFICATIONS

FOR

CONSTRUCTION OF

Wastewater Treatment Plant No. 3 Expansion Project

FORT BEND COUNTY, TEXAS

ROSENBERG BID NUMBER: 2026-01B

Monday, July 13, 2026

RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/rosenbergtx

City of Rosenberg

INVITATION TO BID

Wastewater Treatment Plant No. 3 Expansion Project

I. Introduction II. Legal Notice

III. Information and Instructions to Bidders IV. Special Provisions Applicable to Construction Projects & Contracts for

Labor or Services V. Bid Form

VI. Vendor Questionnaire VII. Sample Contract

Attachments:

A - Summary of Work

B - Special Conditions

C - Tech Specs

D - Plan Sets

E - City of Rosenberg Technical Specifications

F - Addendum 1

Invitation To Bid #2026-01B Title: Wastewater Treatment Plant No. 3 Expansion Project

1. Introduction

1.1. Summary

CONSTRUCTION DOCUMENTS AND TECHNICAL SPECIFICATIONS

For Construction of

Wastewater Treatment Plant No. 3 Expansion Project for

THE CITY OF ROSENBERG

Rosenberg Bid Number 2026-01B

TXE-2026-01

FORT BEND COUNTY, TEXAS

Odyssey Engineering Group, LLC

Engineering Job No. 24-059-200

2500 Tanglewilde Street, Suite 300

Houston, TX 77063

(281) 306-0240

Estimated Budget: $3,554,350.00

Estimated Completion Days: 300

1.2. Background

*Notice to All Vendors*

The City of Rosenberg utilizes OpenGov Procurement as its eProcurement platform. All solicitations, official notices, addenda, other solicitation documents, and contracts will be posted in OpenGov.

Registration is highly encouraged to ensure you receive proper notifications.

Information obtained from any other source is done so solely at your own risk.

The City of Rosenberg takes no responsibility for information posted outside of the OpenGov

Procurement Platform or Legal Notices published in the Fort Bend Herald.

1.3. Contact Information

Blake Skiles

Procurement Manager

2110 4th Street

Rosenberg, TX 77471

Email: tskiles@rosenbergtx.gov

Phone: (832) 595-3363

Department:

CIP

1.4. Timeline

Advertisement 1 July 12, 2026

Release ITB Date July 13, 2026

Advertisement 2 July 19, 2026

Pre-Bid Meeting (Mandatory) July 22, 2026, 10:00am

Virtual via Microsoft Teams https://teams.microsoft.com/meet/224434131427

693?p=l69YEA7ScylexioQhc

Meeting ID: 224 434 131 427 693

Passcode: n8Le3wx7

Question Submission Deadline July 31, 2026, 5:00pm

Bid Submission Deadline August 13, 2026, 2:00pm

Contractor Selection Date August 18, 2026 mailto:tskiles@rosenbergtx.gov tel:(832)595-3363 https://teams.microsoft.com/meet/224434131427693?p=l69YEA7ScylexioQhc https://teams.microsoft.com/meet/224434131427693?p=l69YEA7ScylexioQhc

2. Legal Notice

2.1. Notice to Bidders

The City of Rosenberg is soliciting sealed bids from qualified vendors for Wastewater Treatment Plant

No. 3 Expansion Project.

Sealed Bids must be submitted electronically or received by the City Secretary’s Office no later than:

2:00 pm, Thursday, August 13, 2026.

All sealed bids must be received by the deadline shown. Bids received after the deadline will not be considered for the award of the contract and shall be considered void and unacceptable. All bids will be opened, and bidder’s names publicly read aloud promptly in the City Hall Council Chamber, at 2110 4th

Street, Rosenberg, Texas 77471 on the date and time shown above.

To obtain a copy of the Invitation to Bid or submit an electronic bid please visit:

https://procurement.opengov.com/portal/rosenbergtx

A Mandatory Virtual Pre-Bid Conference will be held on Wednesday, July 22, 2026, at 10:00am. Meeting details can be found by accessing the website listed above.

Should you have any questions or require additional information or clarification on information contained in the ITB, please submit your questions via OpenGov Procurement at the website listed above.

Danyel Swint, TRMC, City Secretary

3. Information and Instructions to Bidders

3.1. Preparation of Bids

Unless otherwise directed in the Notice to Bidders, bids shall be submitted upon the forms provided, or copies thereof. Any supplemental information which the bidder may want to submit can be submitted in the section provided. The bids shall be prepared in compliance with the requirements of the Notice to

Bidders, these instructions, and any instructions printed on the prescribed forms. All blank spaces on the bid forms shall be filled in as noted; amounts shall be extended and totaled, and no change shall be made in the phraseology of the forms or of the bid items thereon. If optional items are shown on the bid form, and the Bidder elects not to bid on these optional items, "No Bid" must be selected. Any bid may be deemed irregular which contains any omission, alteration, erasure, addition, or change of any nature, or which does not include prices for each and every bid item (excluding optional items). Further, any bid in which the prices are obviously unbalanced, or which fails in any manner to conform to the bidding procedures as set forth, shall also be considered irregular. A bidder may withdraw his bid before the time of closing by submitting a written request for its withdrawal to the person who holds the bid.

All prices submitted in response to this solicitation shall be firm and inclusive of any and all applicable tariffs, duties, surcharges, import fees, or other trade-related costs in effect at the time of bid submission.

The City will not consider, accept, or approve any additional costs, price increases, claims, or adjustments related to tariffs or trade restrictions that were not expressly included in the bidder’s submitted bid price.

By submitting a bid, the bidder acknowledges and agrees that:

• The bidder has fully accounted for all known and foreseeable tariffs and trade impacts in its pricing; and

• The bidder assumes all risk of tariff changes, new tariffs, or trade actions unless otherwise expressly stated in the solicitation.

Failure to include such costs in the bid price shall not constitute grounds for contract modification, price adjustment, or equitable relief.

3.2. Bidders Confirmation

Bidder must electronically confirm their bid in the section provided on the vendor questionnaire.

Unconfirmed bids will not be accepted.

3.3. Bidders Bond

If the amount of the bid exceeds $50,000.00, such bid shall be accompanied by a bid bond on the form provided herein as the Official Bidder's Bond in the amount of five percent (5%) of the greatest amount bid from an approved surety company licensed to operate in the State of Texas to act as surety, or a bonding company furnishing a certificate from the Texas State Board of Insurance Commissioners.

Bonds submitted by a partnership must be signed by one of the general partners and the same witnessed to. Bonds submitted by a corporation must be signed by an officer of the corporation having the authority either granted by the corporate charter, the bylaws of the corporation, or pursuant to a resolution of the Board of Directors of the corporation, to execute such documents for the corporation, and the corporate seal must be affixed to the bond and the same attested to by the Secretary or

Assistant Secretary of the corporation. Evidence of authority of the signing officer must be submitted.

Bonds submitted by a sole proprietorship must be signed by the proprietor, witnessed and clearly set out the name under which the proprietor is conducting business. Said bid security shall serve as a guarantee that bidder will enter into a Contract with City and execute any additionally required bonds within ten (10) days after Notice of Award of Contract to them. If no additional bonds are required, said bid security shall also serve as a guarantee that the successful bidder will deliver all materials/equipment and/or services in accordance with the delivery time and specifications. The Notice of Award of Contract shall be given by the City within sixty (60) days following the opening of the bids.

Bids without proper bid security will not be considered. Failure to perform in accordance with such specifications will result in forfeiture of the bid security, and the proceeds of said security shall become the absolute property of the City.

3.4. Interpretation of Technical Specifications, Plans, and Other Documents

Bidders desiring additional information or clarification of technical specifications, plans or other documents, must make requests for such information via OpenGov Procurement Portal Q&A Section, prior to seventy-two (72) hours before the bid closing time. Answers to all such requests will be given in writing, in addendum form via OpenGov, to all Bidders, and all addenda will be bound with and become a part of the Contract. No written or oral explanation nor interpretation, except that provided by the addenda given by the City to a Bidder will be considered official or binding. If the Bidder should find discrepancies in or omissions from the technical specifications or plans or should some doubts have been created as to their meaning, the Bidder shall notify the Engineer so that a written addendum may be sent to all Bidders. It is the responsibility of the Bidders to know if they have received all such addenda. A complete file on all addenda issued will be maintained by the Procurement Department. In the event a Bidder shall fail to seek clarification or interpretation of any part or portions of the technical specifications, plans or other documents, such Bidder shall be presumed to have full knowledge of the interpretation that shall be provided or will be provided by the Engineer.

3.5. Open Specifications

Where equipment or material is specified by a trade or brand name, it is not the intention of the City to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality and/or performance; and to establish an equal basis for the evaluation of bids. The City shall give preference in purchasing to products made of recycled materials if the products meet the applicable specifications as to quantity and quality. Where the words "equivalent" or "equal to" are used, they shall be understood to mean that the thing referred to shall be the equivalent of or equal to, in the opinion or judgement of the City, the product or item specified by name. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases, fully equivalent to approved samples.

Notwithstanding that the words "equivalent", "equal to", or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used unless a substitute shall be approved previously in writing by the City. The City has the right to require the use of such specifically designated materials, articles or processes.

3.6. Bid Modifications

Any Bidder may modify his bid at any time prior to the scheduled closing time for receipt of bids.

3.7. Delivery of Bids

It is the Bidder's responsibility to deliver his bid in accordance with these instructions and those contained in the Notice to Bidders. Bids dispatched, but not received by closing time, will be returned, after receipt, unopened.

3.8. Award of Contract

Unless all bids are rejected, the City will award the Contract as promptly as possible consistent with the time required for a thorough analysis of the bids submitted to the lowest responsible bidder who provides goods or services at the best value for the City. The City may require the Bidder to confirm its bid in writing. Additionally, the City may give preference to a local bidder when purchasing real property, personal property attached to real property, or services other than professional services, if the local bidder bids an amount that is within five (5%) of the lowest bid received by the City from a bidder which is not a local resident of the City. However, the City reserves the right to delay award for sixty (60) days after receipt of bids. If no award is made within sixty (60) days after receipt of bids, a Bidder may withdraw his bid without prejudice to himself by submitting a written request for its withdrawal to the person who holds the bid. Award will be made on the basis of all factors that are available to be judged by the City and deemed by the City to be of the greatest advantage to it, considering the type of work involved, the length or duration thereof; the quality, availability and adaptability of any personal property or services to the particular use required; the elements of the bid, including the number and scope of conditions attached to the bid; the ability, capacity, and skill of the bidder to perform the contract or service required; whether the bidder can perform the contract or provide the service promptly, or within the time required, without delay or interference; the character, responsibility, integrity, reputation, and experience of the bidder; history and performance of Bidders in previous jobs;

the sufficiency of the financial resources and ability of the bidder to perform the contract or provide service, the ability of the bidder to provide future maintenance, repair, parts, and service for the use of the subject of the contract; and other factors as shall be determined by the City. The City may refuse to contract with, or accept the low bid of persons or businesses that are indebted to the City. The City reserves the right to reject any or all bids, to waive bid irregularities, and to award each proposal to more than one contractor, as the interest of the City may require.

3.9. Execution of Contract Documents

The failure of the successful bidder to execute the Contract and supply the required bonds, if any, within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City may grant in writing, shall constitute a default and the City may, at its option, either award the contract to the next best qualified bidder, or re-advertise for bids. In either case, the City may charge against the bidder the difference between the amount of the bid, and the amount for which a contract is subsequently executed irrespective of whether this difference exceeds the amount of the bid bond. If a more favorable bid is received through re-advertisement, the defaulting bidder shall have no claim against the City for a refund.

3.10. Funds

The City has available sufficient funds to pay the Contractor in cash, in accordance with the provisions of the Contract.

3.11. Assignment or Novation

The Contractor shall not assign or transfer, whether by an assignment or novation, any of its rights, duties, benefits, obligations, liabilities, or responsibilities under this Contract without the prior written consent of the City Manager who is hereby authorized to give such consent by the City Council of the

City; provided, however, that assignments to banks or other financial institutions may be made without consent of the City. Furthermore, in the event of a merger, consolidation or transfer of all or substantially all of the assets of Contractor, the surviving or resulting corporation or transferee of

Contractor's assets shall be bound by and shall have the benefit of the provisions of this Contract only upon the prior written consent of the City Manager. No assignment or novation of this Contract shall be valid unless the assignment or novation expressly provides that the assignment of any of the

Contractor's rights or benefits under the Contract is subject to a prior lien for labor performed, services rendered, and materials, tools, and equipment supplied for the performance of the work under this

Contract in favor of all persons, firms, or corporations rendering such labor or services or supplying such materials, tools, or equipment.

3.12. State Bid Laws

The City has made every effort to comply with the bid laws of the State of Texas. Should any bidder, or prospective bidder, determine the presence of any irregularity or violation, such irregularity or violation should be presented to the City prior to the scheduled bid opening date.

3.13. Sales Tax Exemption

This contract is issued by an organization which qualifies for exemption pursuant to the provisions of the

Texas Limited Sales, Excise and Use Tax Act. Therefore, the cost of the sales tax shall not be included in the bid.

3.14. Additional Provisions

Attention is called to the requirements of the Americans with Disabilities Act of 1990, 42 USC § 12101 et seq. as well as all other federal, state and local laws, rules and regulations affecting the performance of all obligations undertaken herein, which the Contractor will be required to comply with.

3.15. Anti-Boycott Verification

As required by Chapter 2271, Texas Government Code, the Contractor hereby verifies that the

Contractor does not boycott Israel and will not boycott Israel through the term of this Agreement. 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.

3.16. Anti-Boycott of Energy Companies

The Company verifies that it does not boycott energy companies and will not boycott energy companies, as those terms are defined by Chapter 2276, Texas Government Code, during the Term of this

Agreement.

3.17. Statement of Bidders Qualifications

Each Bidder must complete and submit with their bid the Statement of Bidder’s Qualifications Section included in the vendor questionnaire.

3.18. Foreign Terrorist Organizations

Pursuant to Chapter 2252, Texas Government Code, the Contractor represents and certifies that, at the time of execution of this Agreement neither the Contractor, nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the same, is a company listed by the Texas Comptroller of Public Accounts under Sections 2270.0201 or 2252.153 of the Texas Government Code.

3.19. COVID-19 Anti-Passport Verification

Company certifies that it does not require a customer to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from Company’s business during the term of this contract, and will not require such documentation during the term of this contract, as those terms are defined by Section 161.0085, Texas

Health and Safety Code, as enacted by S.B. 968, 87th Legislature, Regular Session.

3.20. Critical Infrastructure Affirmation

For Contracts concerning Critical infrastructure, as that term is defined by Texas Government Code Ch.

2275; The Recipient certifies (i) that Recipient, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of Recipient, is not owned by or the majority of stock or other ownership interest of Recipient is not held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a country designated by the Governor as a threat to critical infrastructure; (ii) that Recipient including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of Recipient, is not owned by or the majority of stock or other ownership interest of Recipient is not held or controlled by a company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a country designated by the Governor as a threat to critical infrastructure; and (iii) that Recipient including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of

Recipient, is not headquartered in China, Iran, North Korea, Russia, or a country designated by the

Governor as a threat to critical infrastructure.

4. Special Provisions Applicable to Construction Projects & Contracts for Labor or Services

4.1. Additional Bonds for Public Works

If the contract is for the construction, alteration or repair of any public building or the prosecution or completion of any public work and such contract exceeds the sum of $25,000, the successful bidder must furnish both a Performance Bond and Payment Bond upon the forms which are attached hereto and may also be required to furnish a Maintenance Bond in the amount of 100% of the contract price from an approved surety company licensed to operate in the State of Texas to act as surety. Bonds submitted by a partnership must be signed by one of the general partners and the same witnessed to.

Bonds submitted by a corporation must be signed by an officer of the corporation having the authority either granted by the corporate charter, the bylaws of the corporation, or pursuant to a resolution of the Board of Directors of the corporation, to execute such documents for the corporation, and the corporate seal must be affixed to the bond and the same attested to by the Secretary or Assistant

Secretary of the corporation. Evidence of authority of the signing officer must be submitted. Bonds submitted by a sole proprietorship must be signed by the proprietor, witnessed and clearly set out the name under which the proprietor is conducting business.

4.2. Retainage

A retainage of up to 10% of the amount due the Contractor may be held by the City until final acceptance by the City, unless payment is made in a lump sum.

4.3. Conditions of Work

Each Bidder shall fully inform himself of the construction and working conditions under which the work will be performed. Bidders shall inspect the site and thoroughly familiarize themselves with the technical specifications and plans. Failure to do so will not relieve a successful Bidder of his obligation to perform the work in accordance with contractual requirements. It is understood that the bid prices shall include the furnishings of all superintendence, labor, material, machinery, equipment, tools, transportation, removal, cleanup, and disposal services and other means of construction or demolition, including parts, incidentals and appurtenances, as necessary to complete the work in accordance with the technical specifications and plans.

4.4. Subsurface Information

Any information provided in regard to subsurface data, test borings, etc., is to be considered approximate. Any soils report that the City has obtained will be provided to the Bidders for their use.

The interpretation of soils information, results of soil borings, etc., is in no way guaranteed.

4.5. Number of Signed Sets of Documents

Upon award of contract, the Contract Documents and Bonds will be prepared in not less than four (4) counterpart (original signed) sets. City will furnish Contractor a maximum of six sets of conforming

Contract Documents, Technical Specifications and Plans free of charge. Additional sets, if needed, can be obtained at commercial production rates.

4.6. Price of Materials, Services, and Sales Tax

Tangible personal property which is incorporated into or used for improvement of realty and any taxable services required to perform the contract are exempt from sales tax pursuant to §151.311 of the Tax

Code. The Contractor is expected to execute a resale certificate instead of paying the sales tax at the time of purchase. The City will issue an exemption certificate for the materials as long as they are a part of the finished project.

4.7. Qualification of Bidder

City reserves the right to require bidders to submit a statement of experience in construction of similar projects, including project costs, locations, references, and resumes of personnel assigned to jobs to determine the ability of the bidder to perform the jobs; and to reject bids of bidders City finds unqualified. Any material misrepresentation contained in the statement shall be grounds for rejection of the bid, constitute a default, and be subject to the City taking the appropriate action for any damages sustained as a result of reliance thereon.

4.8. Financial Statements

City reserves the right to require bidders upon request to submit financial statement as reflected by

Bidder’s most recently prepared statement; and to reject bids of bidders the City finds unqualified.

4.9. Termination of Contract

In the event that any of the provisions of the contract documents are violated by the Contractor, or by any of his subcontractors, the City may serve written notice upon the Contractor and the Surety of its intention to terminate the contract, such notices to contain the reasons for such intention to terminate the contract, and unless within ten (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the

City shall immediately serve notice thereof upon the Surety and the Contractor. The Surety shall have the right to take over and perform the contract. Provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the City may take over the work and prosecute the same to completion and at the expense of the Contractor, and his Surety shall be liable to the City for any excess cost occasioned thereby. In such event the City may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefore.

4.10. Completion of Work

An operation, once started, is to be carried through to completion. The project inspector shall be provided ample opportunity to inspect all lines before backfilling. Contractor shall maintain and provide adequate ingress-egress for traveling public during construction operations and overnight. The

Contractor shall be responsible for the safety of himself, his employees, and all other persons during construction.

4.11. Liquidated Damages for Delays

The time set forth in the proposal for the completion of the work is an essential element of the contract.

Time is of the essence. The Contractor and City understand and agree that a breach of this contract, as to completion on time, will cause actual damages which are difficult or impossible to calculate by the

City (unless an extension of time has been granted as provided below). The parties therefore agree that each and every calendar day the work or any portion thereof shall remain uncompleted after the expiration of the time limit, the amount per day given in the following schedule will be deducted from money due or to become due the Contractor, not as a penalty, but as liquidated damages and added expense of administration, engineering and overhead.

Amount of Contract Damage Per Calendar Day

$0.00 - $100,000.00 $570.00

$100,000.00 - $500,000.00 $590.00

$500,000.00 - $1,000,000.00 $610.00

$1,000,000.00 - $1,500,000.00 $685.00

$1,500,000.00 - $3,000,000.00 $785.00

$3,000,000.00 - $5,000,000.00 $970.00

$5,000,000.00 - $10,000,000.00 $1,125.00

$10,000,000.00 - $20,000,000.00 $1,285.00

$20,000,000.00 - Over $20,000,000.00 $2,590.00

4.12. Time Extensions

If the Contractor believes it is delayed in the progress of the work by any alleged act or neglect of the

City or the Engineer, or by any separate contractor employed by the City, or by strikes, lockouts, fire, adverse weather conditions not reasonably anticipated, or acts of nature, and if the Contractor, within forty-eight (48) hours of the start of the occurrence, gives written notice to the City of the cause of the potential delay and estimate of the possible time extension involved, and within seven (7) days after the cause of the delay has been remedied, the Contractor gives written notice to the City of any actual time extension requested as a result of the occurrence, then the contract time may be extended by written change order for such reasonable time as the City determines. It is agreed that no claim shall be made by, or allowed to, the Contractor for any damages which may arise out of any delay caused by the above referenced acts or occurrences other than claims for the appropriate extension of time.

4.13. Indemnity

This contract and agreement provides for indemnification and hold harmless of certain parties, including but not limited to the City and such professionals or engineers employed by the City. In this regard, the

Bidder is instructed to carefully review all such clauses of indemnification and to secure such legal interpretations or legal opinions as may be deemed appropriate for the purpose of determining the applicability of such provisions to the Bidder or other parties who may be affected by said provisions.

4.14. Insurance

The Contractor agrees to obtain and continuously maintain during the life of this contract such insurance coverage which must meet the minimum amount required and will protect the City and

Contractor from claims for damages because of bodily injury, including death to his employees and all others; and for claims for damages to property which may arise from the Contractor's operation by anyone directly or indirectly employed by him. Such insurance shall name the City as an additional insured and shall provide that such insurance will not be canceled without at least thirty (30) days prior written notice to the City. Contractor will be responsible for providing to the City a certificate of insurance or copy of the policy prior to starting any work under the contract. The Contractor shall be responsible for and maintain insurance coverage at his option and expense to cover tools, equipment, etc., owned or rented, the capital value of which is not included in the cost of the work.

Waiver of Claims: The Contractor and his subcontractors and suppliers shall waive all rights against each other and the City for damages caused by perils covered by insurance. This waiver shall not be effective to the extent of any loss not covered by insurance. This waiver shall not extend to losses resulting from the professional services of any engineer/architect.

Certificates: The insurance to be carried by the Contractor, certificates of which may be required by the

City, are noted as follows:

1. Workman's Compensation Insurance and Employer's liability insurance in amounts sufficient to comply with the laws of Texas. In addition, pursuant to Section 406.096 of the Texas Labor Code, all building and construction contracts entered into by the City shall require the Contractor to certify in writing that he provides worker's compensation insurance coverage for all employees working on the project. In addition, a subcontractor must provide such a certificate to the general Contractor, who shall then provide the certificate of the subcontractor to the City. If no subcontractor is used, Contractor shall certify in writing that he agrees to not subcontract such work unless a certificate of such subcontractor is provided to the City.

A. The Contractor shall provide workers' compensation 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.

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

C. 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.

D. The Contractor shall obtain from each person providing services on a 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 (7) days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

E. The Contractor shall retain all required certificates of coverage for the duration of the project and for one (1) year thereafter.

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

G. 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.

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

a. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas

Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project;

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

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

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

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

and

ii. a new certificate of coverage showing extension of coverage, prior 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 ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

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

I. 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.

J. 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 (10) days after receipt of notice of breach from the City.

2. Comprehensive General Public Liability Insurance for bodily injury and property damage to a combined single limit of not less than $1,000,000 each occurrence.

3. Comprehensive Auto Liability Insurance, including owned, non-owned, hired, or leased automobiles used in connection with this work, with bodily injury and property damage to a combined single limit of not less than $1,000,000 each occurrence and $2,000,000 General

Aggregate.

4. Property Insurance for building construction and plant construction located on a site, shall be purchased and maintained by the Contractor on the entire project for the full cost of replacement as of the time of any loss. This insurance shall include as named insured the City, the General Contractor, and all subcontractors as their interest may appear, and shall insure against loss from the perils of fire and those perils included under "Extended Coverage." It shall include "All Risk" insurance for physical loss or damage, including, without duplication of coverage, at least theft, vandalism, malicious mischief, and transit damage. The Contractor will increase limits of coverage, if necessary, to reflect estimated replacement costs as determined by the City. The Contractor shall be responsible for any co-insurance penalties or deductibles.

Insurance shall not be canceled or lapsed on account of any partial occupancy prior to Final

Completion. Waiver of Subrogation shall include the Contractor, subcontractors, the City and its employees and representatives associated with the work. The Contractor shall transmit the original policy to the City. Any insured property loss shall be adjusted with the City and made payable to the City as trustee for the insureds, as their interests may appear, subject to any applicable mortgage clause. Upon the occurrence of an insured loss, monies received will be deposited in a separate account, and the City shall make distribution in accordance with the agreement of the parties in interest.

5. Excess and Umbrella Liability Insurance in a form following the underwritten coverage in an amount of $1,000,000 each occurrence and $1,000,000 aggregate.

These requirements are subject to change as State Law and insurance companies adjust their rates.

These changes will be made available to all prospective bidders.

4.15. Changes in the Work

Within the general scope and sort of work or construction covered by the Contract, the City through its

City Manager as authorized herein by City Council, may, without notice to the surety on the Contractor's bond, make such changes in the scope of work, design, materials or machinery or the plans for installation or construction or other quality or character of the work or materials required as it may find necessary to the accomplishment of the general purpose of the work or construction contracted for, such as changes in the plans for installation or construction based on differing site conditions disclosed as the work progresses. Further, within the general scope and sort of work or construction covered by the Contract, the City may, without notice to the surety on the Contractor's bond, order such extra work and materials and equipment rental not covered by the plans and specifications as it may find necessary to the accomplishment of the general purpose of the work or construction contracted for without relieving or releasing the Contractor from any of his obligations under the Contract or any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise. Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the Contract, unless in pursuance of a prior written order from the City authorizing the Contractor to proceed with the change. No claim for an adjustment of the Contract price will be valid unless so previously ordered in writing. Extra work, material or equipment rental so ordered shall be paid for as provided in the following paragraph. If applicable unit prices are contained in the

Contract, the City may order the Contractor to proceed with desired unit prices specified in the Contract provided that in case of a unit price contract, the net value of all changes does not increase or decrease the original total amount shown in the Contract by more than twenty-five percent (25%).

Each change order shall include in its final form:

1. A detailed description of the change in the work.

2. The Contractor's proposal (if any) or a confirmed copy thereof.

3. A definite statement as to the resulting change in the contract price and/or time.

4. The statement that all work involved in the change shall be performed in accordance with the contract requirements except as modified by the change order.

5. A statement that any proposed additional price covers ALL additional costs incurred by the

Contractor.

4.16. Compensation for Extra Work

Changes and extra work will be directed or requested by the City. Upon request, the Contractor shall submit a proposal, in accordance with the requirements set forth herein for work involving contemplated changes or extra work covered by the request. The proposal shall be submitted within the time limit indicated in the request. The Contractor shall not proceed with any change in or extra work unless expressly directed in writing to do so by the City prior to the work as provided for herein. The cost or credit to the City resulting from a change in or extra work shall be determined as follows:

1. If applicable unit prices are contained in the Contract Documents, then by such applicable unit prices as set forth in the Contract Documents or subsequently agreed upon, or

2. If no such unit prices are set forth or agreed upon, then by a lump sum mutually agreed upon by the Contractor and the City, or

3. If no unit prices are set forth and if the parties cannot agree upon a lump sum, then by actual cost in money to the Contractor of materials and labor (including insurance and applicable taxes) required, plus rental of plant equipment (other than small tools and small equipment) plus compensation for overhead, profit, and commission as limited herein. Field overhead, including the salaries of supervisors and other employees at the site that are not directly engaged in the work, will not be considered as part of actual net cost.

The Contractor's written proposal shall be submitted in the form of a lump sum proposal and, when requested, supported by an itemized breakdown of all increases and decreases in the contract in at least the following detail:

Additions - Each change order must state the additional days added to the contract and the total additional costs to be added to the contract.

Labor - including breakdown by trades and/or subcontractors and unit costs (identified with specific item of material to be placed or operation to be performed).

Material - Including quantities by trades and/or subcontractor(s)/ supplier(s) and unit costs

(manufacturing burden associated with material fabrication performed off the job site will be considered to be part of the material costs of the fabricated item delivered to the job site).

Construction Equipment - That equipment exclusively necessary for the change, including unit costs.

General Liability Insurance, Public Liability Insurance, Builder's Risk Insurance, and Bond costs.

Initial design/coordination and engineering services.

Labor Burden - Including breakdown by trades and expressed as percentage of direct labor cost and total cost for each labor category:

Workmen's Comp. Ins. FUTA

FICA SUTA

Medicare Fringe Benefits

The total labor burden for any proposal will be limited to a maximum of fifty-five percent (55%) of the direct labor cost included in the proposal. The allowable overhead and profit percentages given below shall be considered to include, but not be limited to preparation and/or revision to shop drawings and other submittals, use of small tools, all incidental job burdens, scheduling and general office expense.

The percentages for overhead and profit shall be the following:

Overhead General Overhead Profit

To Contractor for supervision on work performed by other than his own forces

10% 0%

To first tier subcontractor on work performed by his subcontractors

10% 0%

To Contractor and/or the subcontractors for that portion of the work performed with their respective forces

10% 5%

Not more than the four listed percentages, not to exceed the maximum percentages shown above, will be allowed regardless of the number of tier subcontractors. On proposals covering both increase and decreases in the amount of the Contract, the application of overhead and profit percentages shall be on the net increase in direct costs for the Contractor or subcontractor performing the work. However, where the Contractor or first tier subcontractor receives proposals in additive and deductive amounts from separate lower tier subcontractors, the commission shall be allowed on the added amounts prior to subtraction of the credit amounts. The Contractor shall submit with the proposal, his request for time extension (if any). In considering a proposal, the City shall make check estimates in detail, utilizing unit prices where specified or agreed upon, to arrive at an adjustment to the Contract. After receipt of proposal with a detailed breakdown, the City will act promptly thereon. Provided, however, that when the necessity to proceed with a change does not allow sufficient time to properly check a proposal or in the event of failure to reach an agreement on a proposal, the City may order the Contractor to proceed on the basis of price to be determined at the earliest practicable date. In this event, the value of the change with the corresponding equitable adjustment to the Contract will not be more than the increase or less than the decrease proposed.

Except in unusual cases where neither the City nor Contractor can ascertain the full extent of the work which will be required pursuant to a change until the work involved therein has been substantially completed, final agreement on a proposal shall be affected no later than the time when the work involved is estimated by the City to be fifty percent (50%) complete. In the event that final agreement cannot be reached by that time, the City may issue a unilateral determination as to the equitable adjustment of the Contract price and the time required for performance of the Contract.

4.17. Care of Work

The Contractor shall be responsible for all damages to persons or property that occur in connection with the prosecution of the work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance. The Contractor shall provide sufficient competent watchmen, both day and night, including Saturdays, Sundays, and holidays, from the time the work is commenced until final completion and acceptance. In an emergency affecting the safety of life, limb, or property, including adjoining property, the Contractor, without special instructions or authorization from the City, is authorized to act at his discretion to prevent such threatened loss or injury, and he shall so act. He shall likewise act if instructed to do so by the City. The Contractor shall avoid damage as a result of his operations to existing structures, personal property, improvements, sidewalks, streets, curbs, pavements, utilities (except those which are to be replaced or removed), adjoining property, etc., and he shall at his own expense completely repair any damage thereto caused by his operations. The Contractor shall shore up, brace, underpin, secure, and protect as may be necessary, all foundations and other parts of existing structures adjacent to, adjoining, and in the vicinity of the site, which may be in any way affected by the excavations or other operations connected with the construction of the improvements embraced in this Contract. The Contractor shall be responsible for the giving of any and all required notices to any adjoining or adjacent property owner or other party before the commencement of any work. The Contractor shall indemnify and save harmless the City from any damages on account of settlements or the loss of lateral support of adjoining property and from all loss or expense and all damages for which the City may become liable in consequence of such injury or damage to adjoining and adjacent structures and their premises.

4.18. Accident Prevention

No laborer or mechanic employed in the performance of this Contract shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety as determined under construction safety and health standards promulgated by the Secretary of

Labor. The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the work site, which occur as a result of his prosecution of the work. Accordingly, the Contractor shall indemnify, save harmless and defend at Contractor's cost, its officers, agents and employees and against any and all claims for injuries, damages, loss, or liability of whatever kind or character resulting from property damage, personal damage, personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this Contract based upon allegations of negligence or omissions of the Contractor, its officers, agents, employees, or subcontractors.

4.19. OSHA Requirements

Pursuant to…