The URL can be used to link to this page

Item 4C - AGREEMENT - Conformed Manual - Southlake Carroll Ave - Mobility ImprovementsSPECIFICATIONS AND CONTRACT DOCUMENTS FOR CARROLL AVENUE MOBILITY IMPROVEMENTS Shaven McCaskill PUBLIC WORKS INTERIM DIRECTOR � �P.�E•OF •rF�,9s�1) L. NATHAN ANTE o; 96866 �l��.r' �/C SEA •'' F4�i !� EN ••''G\fir 2/21/2025 o �aNei EN..i1 February 2025 225 E John Carpenter Fwy Suite 1100, Irving, TX 75062 Tel (214) 420-5600 Firm Registration Number F-928 Lauren LaNeave Addendum No.1 City of Southlake Carroll Avenue Mobility Improvements 03/11/2025 To: All Plan Holders of Record This addendum forms part of the Contract Documents and modifies the Contract Documents and Specifications as noted below. Acknowledge receipt of the Addendum in the space provided on the Proposal Form and on the outer envelope of the Bid Proposal. Failure to acknowledge receipt of this Addendum may subject the Bidder to disqualification. This addendum consists of 2 pages and 2 attachments. PRE -PROPOSAL MEETING 1. The pre -proposal meeting was held on 3/5/2025 and the agenda and sign -in sheet are attached. CLARIFICATIONS 1. When is the project expected to start? Likely the project will be awarded in late May, with limited notice to proceed mid -June. 2. Is there a timeframe for ful I notice to proceed? No time frame will be dictated by the City for when full notice to proceed must occur, but contractor is expected to utilize the limited notice to proceed to procure the required traffic signal pole to have on hand prior to full notice to proceed. City will not pay for de -mobilization, and remobilization due to delays in procurement of the traffic signal mast arm. 3. Item A-4 of the bid form shows unit of LS and text including 'per week'. In a subsequent addendum, the bid form will be revised to remove `per week' and add `lump sum' as item A-4 is to be paid per lump sum. Carroll Avenue Mobility Improvements ADDENDUM NO.1 03/11/2025 Page 1 of 2 4. Clarify intent of Item A-4 (TXDOT 503) —PORTABLE CHANGEABLE MESSAGE SIGN. In a subsequent addendum, the bid item description for item A-4 will be updated as follows to clarify the intent that only 2 portable changeable message signs are required for this project: Remove wording `and the required minimum of 3 portable changeable message signs for all major traffic pattern changes' so that paragraph 3 of the bid item description reads: `This item includes the use of 2 portable changeable message signs for the full duration of the project „ }}„r„ ehanges. Exact locations shall be communicated at the pre -construction meeting.' 5. Clarify intent of 5-25 NON -PAY ITEM: MODIFIED CRITICAL PATH -BASED WORKING DAYS DEFINITION. In a subsequent addendum, Special Condition 5-25 will be rewritten as follows: 5-25 NON -PAY ITEM: MODIFIED CRITICAL PATH -BASED WORKING DAYS DEFINITION Replace NCTCOG SPEC 101.1 "Definitions", "Working Day" with: Working days will be charged Monday —Friday, excluding recognized holidays, if weather or other conditions permit the performance of the principal unit of work underway, as determined by the City Engineer (or City Inspector), for at least 5 hours between 7:00 A.M. and 9:00 P.M (working hours in accordance with City of Southlake Noise Ordinance; Chapter 11 Article 3). Contractor has the option of working Saturdays, Sundays, and recognized holidays only if approved by the City Engineer. Provide advance notice (at least 10 calendar days) to the City Engineer when scheduling work on Saturday, Sunday, or recognized holiday. If work requiring an Inspector to be present or critical path activities are performed on a Saturday, Sunday, or holiday, and weather and/or other conditions permit the performance of work for at least 5 hours. between 7:00 A.M. and 9:00 P.M., a working day will be charged. Final determination of whether a working day will be charged or not charged will be based on the decision of the City Inspector, but Contractor may discuss potential working day charges with City inspector at the beginning of each day if there are uncertainties in how working days will be charged based on the conditions expected for the day. Time extensions shall only be granted if delays directly impact the critical path and prevent the project from meeting the contractual completion date. Carroll Avenue Mobility Improvements End of Addendum ADDENDUM NO.1 03/11/2025 Page 2 of 2 _0(10 ... ........ SOUTHLAKE Kimley,�)) Horn Pre -Proposal Conference Carroll Avenue Mobility Improvements Date:2025-03-05 111111111=51111WEVAN Location: Southlake City Hall Town Hall Training Room, 3rd Floor, 1400 Main Street, Southlake, TX 76092 Agenda: 1. Review of Notice to Proposers: a. Due Friday March 28t", 2025 by 10:30 A.M. to the City Secretary for the City of Southlake at 1400 Main Street, Suite 270 b. Bid bond required. c. Documents are available at www.civcastusa.corn 2. Bid Form: Bidders to submit a hard copy of the bid form with their bid. Computer - generated pages of the bid form may be used in lieu of the Bid Form provided. This option is provided for the convenience of the Bidder. See Instructions to Bidders. Description of pay items is provided under Special Condition Item 5 in the Project Manual. 3. Competitive Sealed Proposal Criteria: 50% The proposed contract amount 15% Qualifications of key project personnel 15% Similar project experience and Southlake experience 15% Quality of proposer's goods and services 5% Reputation of the proposer 4. Addenda: Bidders wanting further information, interpretation or clarification of the Contract Documents must make their requests in writing to Kimley-Horn (Nathan Ante, nathan.ante@kimley-horn.com) by 5:00 P.M. Friday March 14t", 2025. Any questions submitted after this time will not be addressed. Interpretations or clarifications considered necessary in response to such questions will be issued by Addenda which will be uploaded to .w.....c..i..v..c..a..s..t u s..a c..o..m. and notification will be emailed to all parties 1/2 _0(10 ... ........ SOUTHLAKE Kimley,,))) Horn recorded by OWNER as having received the Bidding Documents. Only questions answered by Addenda will be binding. Reference the Instructions to Bidders. 5. Bonds: Performance, Payment and Maintenance Bonds are all required for the project. They are included in the Project Manual. 6. Project Overview a. General project overview b. Limited notice to proceed c. Traffic control plan/ phasing d. Expectations of portable changeable message signs and project signs. e. Repurposing existing concrete pavers f. Existing utility locations g. Pot -Holing at SH 114/N. Carroll Intersection 7. Franchise Utility Adjustments 8. Proposer's Questions: 2/2 PRE -PROPOSAL MEETING SIGN -IN SHEET Project: Carroll Avenue Mobility Improvements Meeting Date: 3/5/2025 Facilitator: City of Southlake Place/Room: TH Training Room Name a Company Phone E-Mail 6 V, � 4 __1 C;ee �7 114, ,sir,(Z" es -Wo�iay I cts C�o ok W_ K W 4 Sse 0" ..... ........... Ile j t so 1ey, L L C Upo (71, 5b4(THz1kt9Z71t JOHN RYAN KWILEY HORN 214 4205604 JOHN RYAN@KWILEY HORN COM TOM GRANT KWILEY HORN 214 4205622 TOM GRANT&KWILEY HORN COM NATHAN ANTE KWILEY HORN 214 420 5603 NATHAN ANTE&KWILEY HORN COM i 21 Page 1 of 1 Addendum No. 2 City of Southlake Carroll Avenue Mobility Improvements 03/14/2025 To: All Plan Holders of Record This addendum forms part of the Contract Documents and modifies the Contract Documents and Specifications as noted below. Acknowledge receipt of the Addendum in the space provided on the Proposal Form and on the outer envelope of the Bid Proposal. Failure to acknowledge receipt of this Addendum may subject the Bidder to disqualification. This addendum consists of 1 page. CLARIFICATIONS 1. The Q&A deadline will be extended to 5 p.m. on March 201h, 2025. Carroll Avenue Mobility Improvements End of Addendum ADDENDUM NO.2 03/14/2025 Page 1 of 1 Addendum No. 3 City of Southlake Carroll Avenue Mobility Improvements 03/25/2025 To: All Plan Holders of Record This addendum forms part of the Contract Documents and modifies the Contract Documents and Specifications as noted below. Acknowledge receipt of the Addendum in the space provided on the Proposal Form and on the outer envelope of the Bid Proposal. Failure to acknowledge receipt of this Addendum may subject the Bidder to disqualification. This addendum consists of 1 page and 2 attachments (Bid Form and Special Conditions Item 5). BID FORM 1. Replace the bid form with the attached bid form. The following revision was made: a. Bid Item A-4 was updated to 'lump sum' as described in Addendum 1. SPECIAL CONDITIONS ITEM 5 2. Replace The Special Conditions Item 5 section with the attached version. The following revisions were made: a. Modified bid item description for item A-4 as described in Addendum 1. b. Modified the 'working day' definition as described in Addendum 1. Carroll Avenue Mobility Improvements End of Addendum ADDENDUM NO.2 03/25/2025 Page 1 of 1 Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid 1 1 LS PREPARING ROW Dollars and Cents Per Lump Sum 2 1 LS MOBILIZATION Dollars and Cents Per Lump Sum 3 2 EA PROJECT SIGN Dollars and Cents Per Each $ $ 4 1 LS PORTABLE CHANGEABLE MESSAGE SIGN Dollars and Cents Per Lump Sum $ $ 5 415 CY EXCAV (ROADWAY) Dollars and Cents Per Cubic Yard City of Southlake Item 3a - Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements March 25, 2025 - Addendum 3 Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid 6 125 SY BLOCK SODDING Dollars and Cents Per Square Yard 7 125 SY FURNISH AND PLACE TOPSOIL (4") Dollars and Cents Per Square Yard $ $ FL BS (CMP IN PLC)(TY A GR 1-2) (6" FLEXIBLE 8 779 SY BASE) Dollars and Cents Per Square Yard $ $ FL BS (CMP IN PLC)(TY A GR 1-2) (8" FLEXIBLE 9 266 SY BASE) Dollars and Cents Per Square Yard $ $ 10 127 SY 2" D-GR HMA TY-D PG64-22 Dollars and Cents Per Square Yard City of Southlake Specification Guidelines March 25, 2025 - Addendum 3 Item 3a - Bid Proposal Carroll Avenue Mobility Improvements Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid 11 127 SY 4" D-GR HMA TY-B PG64-22 Dollars and Cents Per Square Yard 12 266 SY 5" D-GR HMA TY-B PG64-22 Dollars and Cents Per Square Yard $ 13 636 SY CONC PVMT (CONT REINF - CRCP)(8") Dollars and Cents Per Square Yard $ $ 14 201 SY LANDSCAPE PAVERS Dollars and Cents Per Square Yard COLORED TEXTURED CONC (8")(INTEGRAL 15 41 SY COLORED) Dollars and Cents Per Square Yard $ $ City of Southlake Item 3a - Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements March 25, 2025 - Addendum 3 Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid 16 799 LF CONC CURB (MONO)(6") Dollars and Cents Per Linear Foot 17 412 LF CONCRETE CURB AND GUTTER (TY II) Dollars and Cents Per Linear Foot $ 18 2 EA CURB RAMPS (TY 7) Dollars and Cents Per Each $ $ 19 27 SY CONC SIDEWALK (4") Dollars and Cents Per Square Yard 20 5 EA TREE REMOVAL Dollars and Cents Per Each $ City of Southlake Item 3a - Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements March 25, 2025 - Addendum 3 Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid 21 1 EA GRATE INLET Dollars and Cents Per Each 22 1 EA RELOCATE EXISTING WATER METER Dollars and Cents Per Each $ ADJUST EXISTING WATER VALVE TO PROP 23 2 EA GRADE Dollars and Cents Per Each ADJUST EXISTING STORM MANHOLE TO PROP 24 1 EA GRADE Dollars and Cents Per Each $ $ HARDWOOD MULCH (3" DEPTH)(MATCH 25 43 SY EXISTING COLOR) Dollars and Cents Per Square Yard $ $ City of Southlake Item 3a - Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements March 25, 2025 - Addendum 3 Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid EROSION, SEDIMENTATION, AND WATER POLLUTION PREVENTION ANDD CONTROL 26 1 LS (SWPPP) Dollars and Cents Per Lump Sum $ $ 27 1 LS BARRICADES, SIGNS, AND TRAFFIC HANDLING Dollars and Cents Per Lump Sum $ $ 28 1 LS PAVEMENT MARKINGS Dollars and Cents Per Lump Sum $ $ 29 7 EA IN SM RD SN SUP&AM TY10BWG(1)SA(P) Dollars and Cents Per Each $ $ 30 1 EA IN SM RD SN SUP&AM TYS80(1)SA(T) Dollars and Cents Per Each $ $ City of Southlake Item 3a - Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements March 25, 2025 - Addendum 3 Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid 31 2 EA RELOCATE SM RD SN SUP&AM TY 10BWG Dollars and Cents Per Each 32 2 EA RELOCATE SM RD SN SUP&AM (SIGN ONLY) Dollars and Cents Per Each $ $ 33 1 LS LANDSCAPE RESTORATION Dollars and Cents Per Lump Sum $ $ 34 1 LS IRRIGATION RESTORATION Dollars and Cents Per Lump Sum $ $ 35 22 LF DRILL SHAFT (TRF SIG POLE)(48 IN) Dollars and Cents Per Linear Foot $ $ City of Southlake Item 3a - Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements March 25, 2025 - Addendum 3 Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid 36 15 LF CONDT (PVC)(SCH 400") Dollars and Cents Per Linear Foot 37 30 LF CONDT (PVC)(SCH 40)(2") Dollars and Cents Per Linear Foot $ $ 38 30 LF CONDT (PVC)(SCH 40)(4") Dollars and Cents Per Linear Foot $ $ 39 75 LF ELEC CONDR (NO. 6)BARE Dollars and Cents Per Linear Foot $ $ 40 460 LF ELEC CONDR (NO. 6) INSULATED Dollars and Cents Per Linear Foot $ $ City of Southlake Item 3a - Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements March 25, 2025 - Addendum 3 Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid 41 1170 LF TRAY CABLE (3 CONDR)(12 AWG) Dollars and Cents Per Linear Foot 42 2 EA GROUND BOX TY D (162922) W/ APRON Dollars and Cents Per Each $ $ 43 1 EA INSTALL HWY TRF SIG (SH 114) Dollars and Cents Per Each $ $ 44 1 EA INSTALL HWY TRF SIG (FIRESTATION) Dollars and Cents Per Each $ $ 45 1 EA REMOVING TRAFFIC SIGNALS (FIRESTATION) Dollars and Cents Per Each $ $ City of Southlake Item 3a - Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements March 25, 2025 - Addendum 3 Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid 46 3 EA VEH SIG SEC (12")LED(GRN) Dollars and Cents Per Each 47 5 EA VEH SIG SEC (12")LED(GRN ARW) Dollars and Cents Per Each 48 5 EA VEH SIG SEC (12")LED(YEL) Dollars and Cents Per Each $ $ 49 3 EA VEH SIG SEC (12")LED(YEL ARW) Dollars and Cents Per Each $ $ 50 5 EA VEH SIG SEC (12")LED(RED) Dollars and Cents Per Each $ $ City of Southlake Item 3a - Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements March 25, 2025 - Addendum 3 Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid 51 3 EA VEH SIG SEC (12")LED(RED ARW) Dollars and Cents Per Each $ $ 52 1 EA PED SIG SEC (LED)(COUNTDOWN) Dollars and Cents Per Each $ $ 53 11 EA PED SIG SEC (LED)(CNTDWN)(MODULE ONLY) Dollars and Cents Per Each $ $ 54 15 EA BACKPLATE W/REF BRDR(3 SEC)(VENT)(ALUM) Dollars and Cents Per Each $ $ 55 2 EA BACKPLATE W/REF BRDR(4 SEC)(VENT)(ALUM) Dollars and Cents Per Each $ $ City of Southlake Item 3a - Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements March 25, 2025 - Addendum 3 Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid 56 1 EA BACKPLATE W/REF BRDR(5 SEC)(VENT)(ALUM) Dollars and Cents Per Each $ $ 57 285 LF TRF SIG CBL (TY A)(14 AWG)(7 CONDR) Dollars and Cents Per Linear Foot $ $ 58 755 LF TRF SIG CBL (TY A)(14 AWG)(16 CONDR) Dollars and Cents Per Linear Foot $ $ INS TRF SIG PL AM(S)1 ARM(60')LUM&ILSN 59 1 EA (CITY STANDARD) Dollars and Cents Per Each $ $ 60 2 EA REMOVAL OF GROUND BOXES Dollars and Cents Per Each $ $ City of Southlake Item 3a - Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements March 25, 2025 - Addendum 3 Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid 61 2 EA REMOVAL OF CABLES Dollars and Cents Per Lump Sum $ $ 62 6 EA REMOVAL OF PEDESTRIAN PUSH BUTTONS Dollars and Cents Per Each $ $ 63 1 EA REMOVAL OF TRAFFIC SIGNAL POLE FND Dollars and Cents Per Each $ $ 64 1 EA REMOVAL OF SIGNAL POLE ASSM Dollars and Cents Per Each 65 11 EA FURN & INSTALL OF SIGNAL RELATED SIGN Dollars and Cents Per Each $ $ City of Southlake Item 3a - Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements March 25, 2025 - Addendum 3 Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid REMOVAL OF PEDESTRIAN SIGNAL (MODULE 66 11 EA ONLY) Dollars and Cents Per Each $ $ 67 12 EA WHEEL STOPS Dollars and Cents Per Each $ $ 68 1,900 LF CONDUIT (PREPARE) Dollars and Cents Per Linear Foot $ $ 69 12 EA GROUND BOX (PREPARE) Dollars and Cents Per Each 70 6 EA REMOVE EXISTING ILSN Dollars and Cents Per Each $ $ City of Southlake Item 3a - Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements March 25, 2025 - Addendum 3 Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid 71 4 EA ILSN (LED) (6S) Dollars and Cents Per Each $ $ 72 2 EA ILSN (LED) (8S) Dollars and Cents Per Each $ $ 73 2 EA LED RDWY LUMINAIRE (.25KW EQ) Dollars and Cents Per Each $ $ DETECTABLE WARNING SURFACE FOR SH 114 74 1 EA BRIDGE Dollars and Cents Per Each 75 300 LF PRE-EMPTION CABLE Dollars and Cents Per Linear Foot City of Southlake Item 3a - Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements March 25, 2025 - Addendum 3 Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid 76 4 EA PRE-EMPTION CAMERA ASSEMBLY Dollars and Cents Per Each $ $ 77 2 EA VEH SIG SEC (12")LED(GRN)(INSTALL ONLY) Dollars and Cents Per Each $ $ VEH SIG SEC (12")LED(GRN ARW)(INSTALL 78 4 EA ONLY) Dollars and Cents Per Each $ $ 79 2 EA VEH SIG SEC (12")LED(YEL)(INSTALL ONLY) Dollars and Cents Per Each $ $ VEH SIG SEC (12")LED(YEL ARW)(INSTALL 80 1 EA ONLY) Dollars and Cents Per Each $ $ City of Southlake Item 3a - Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements March 25, 2025 - Addendum 3 Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid 81 2 EA VEH SIG SEC (12")LED(RED)(INSTALL ONLY) Dollars and Cents Per Each $ $ VEH SIG SEC (12")LED(RED ARW)(INSTALL 82 1 EA ONLY) Dollars and Cents Per Each $ $ 83 4 EA INSTALL OF (RADD) VEHICLE DETECTORS Dollars and Cents Per Each $ $ 84 6 EA INSTALL OF (RPD) VEHICLE DETECTORS Dollars and Cents Per Each 85 1 EA INSTALL OF SIGNAL RELATED SIGNS Dollars and Cents Per Each $ $ City of Southlake Item 3a - Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements March 25, 2025 - Addendum 3 Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid BBU SYSTEM (EXTERNAL BATT 86 1 EA CABINET)(RELOCATE) Dollars and Cents Per Each $ $ 87 3 EA RVDS (PRESENCE DETECTION ONLY) Dollars and Cents Per Each $ $ 88 1 EA PTZ CAMERA SYSTEM Dollars and Cents Per Each $ $ City of Southlake Item 3a - Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements March 25, 2025 - Addendum 3 Asia summa DESCRIPTION TOTAL Task A Total: Total: The undersigned hereby declares he has visited the site of the work, and has carefully examined the contract documents relating to the work covered by the above bid. The undersigned further declares that he will work to carry out the above -mentioned work covered by this proposal in strict accordance with the Contract Documents, and the requirements pertaining hereto, for the sums set forth. The undersigned agrees to commence work within ten (10) days after written Notice to Proceed, or as otherwise outlined in the Notice to Proceed. Contractors proposes to fully complete work on which he has bid within 190 working days from the written Notice to Proceed. Enclosed with the proposal is satisfactory Bid Security in the form of a Cashier's or Certified Check for: / Dollars ($ ) or a Bid Bond for the amount of five 5% percent of the Base Bid. It is understood that the Bid Security shall be collected and retained by the OWNER as liquidated damages in the event a contract award is made by the OWNER based on this proposal within ninety (90) calendar days after receiving bids and the undersigned fails to execute the contract and required bonds within fifteen (15) calendar days from the date he/she is notified and has received the conformed documents. After this period, if the contract has been executed and the required bonds have been submitted, the said Bid Security shall be returned to the undersigned upon demand. A Contractor shall be selected based on offering the Best Value to the City; refer to Special Conditions in Item 5 of the Contract Documents for additional information. Respectfully submitted, Name: (Name and Title) (Print Name and Title) Company Receipt is acknowledged of the following addenda. Attested by: (Print Name and Title) Company Name and Address: (SEAL) If Bidder is a Corporation Addendum No. 1 Addendum No. 2 Addendum No. 3 Note: Do not detach this Proposal from the Contract Documents. Make all entries on these pages in ink and submit complete with any required bond. City of Southlake Specification Guidelines March 25, 2025 - Addendum 3 Page 4 of 4 Item 3a — Bid Proposal Carroll Avenue Mobility Improvements ITEM 5 SPECIAL CONDITIONS This project shall be constructed in accordance with the TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted September 1, 2024 (hereinafter referred to as the "TxDOT SPECS"), and Division 100 and all remaining provisions of the NCTCOG SPECS, all of which are incorporated herein and made a part of this agreement the same as if written herein; provided that where any discrepancies occur between the Special Conditions and the General Conditions, the Special Conditions shall govern. The Special Conditions are included herein for the purpose of adapting the TxDOT SPECS and NCTCOG SPECS to the project which is the subject to this agreement and of adding thereto such further provisions as may be necessary to state the agreement in its entirety. 5-1 NON-PAY/TEM: COMPETITIVE SEALED PROPOSAL Replace NCTCOG SPEC 103.2. with: Per Texas Gov't Code Ch. 2269 Subchapter D, this project will be bid through Competitive Sealed Proposals. Any references in the contract documents to "bid(s)", "bid bond", "bidders", "offerors" etc. shall be interpreted as referring to these documents and the required documentation related to this competitive sealed proposal. The evaluation process and criteria for ranking order of negotiations shall follow the guidelines listed below. The City will convene a Committee to review and evaluate all submitted proposals and shall rank the Proposals in order of priority for negotiating a construction contract. The City shall use the following procedures: The City shall convene a Proposal Evaluation Committee (Committee) for this project using Competitive Sealed Proposal method of procurement. The Committee shall evaluate all submitted Proposals and rank the Proposals in order of priority for negotiations. • The Committee shall consist of the City Public Works Director, the City Engineer, and the City's consultant, Kimley-Horn and Associates, or other designated representatives. • The Committee shall use the following procedures to evaluate the proposals: o As soon as reasonably possible following the public opening of Proposals, the City will conduct a preliminary examination of each Proposal for compliance with the published requirements. o The Committee shall meet to conduct thorough discussions and evaluations of all Proposals and may select Proposers to be interviewed in person by the Committee. Proposers will be notified of the date, time and location of any interviews. o The Committee shall produce a ranking of Proposers in the order of best value to City of Southlake 5-1 Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements the City. o The Committee shall base its recommended ranking on the information provided in the Proposals, any reference checks conducted, during interviews if conducted, and from personal knowledge. Unless modified by addendum prior to the opening of Proposals, the Committee will utilize the following criteria to rank Proposals: Evaluation Criteria Proposed Contract Amount (50%). Costs that are under the estimated budget for the project by a significant amount may indicate a lack of full understanding of the scope of work; poor estimating practices or use of less experienced labor to accomplish the work. Costs that are significantly over the estimate may result in the City investing more than necessary for the work. Qualifications of Key Project Personnel (15%). The proposal should include a list of key company personnel and their relevant experience in the industry as well as a five-year employment history. Five years' experience in the field should be considered an absolute minimum to qualify for the job. While employment stability with a single firm is very important, the overall experience in the industry is equally important. Both will be considered in the evaluation. Similar Project Experience and Southlake Experience (15%). See Article 2 Item 3c and Article 2 Item 3d. Quality of the Bidder's Goods and Services (15%). This includes an evaluation of previous projects and references that can have a number of issues that ultimately can become critical to a successful project. The following items should be considered in evaluating this point; • The Proposer shall submit a project plan that addresses the need to meet the specified milestones. • The Proposer shall submit a description of proposed methods for maintaining the traffic control throughout the project phasing. • The Proposer shall submit a description of proposed methods for installing the storm drainage and water/sanitary sewer utilities. • Reputation of the Proposer, including familiarity of City and Engineer with the Proposer (5%). For this project, NCTCOG Item 101.1 Definitions, Proposal shall be defined as: Proposal: The written statement or statements duly filed with the OWNER specified in the advertisement for proposals of these specifications by the person, persona, partnership, company, firm, association, or corporation proposing to do the work contemplated, including the approved forms on which the formal competitive sealed proposal for the work are to be prepared. For this project, NCTCOG Item 101.1 Definitions, Proposer shall be defined as: Proposer: Any person, persons, partnership, company, firm, association, or corporation acting directly or through a duly authorized representative submitting a competitive sealed proposal for the work contemplated. City of Southlake 5-2 Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements 5-2 NON -PAY ITEM: CONSTRUCTION STAKES (NCTCOG 105.4) All construction staking for this project shall be provided by the Contractor. The Contractor shall provide competent staff or employ a qualified surveyor. All surveying under this section performed by the contractor shall be done by a Texas Registered Professional Land Surveyor (RPLS). Payment for construction staking shall be considered subsidiary to all other bid items; no additional payment shall be provided. After completion of staking, the Contractor shall furnish survey field notes and cut sheets to the Owner for review. Material testing for this project will be at the expense of the Owner. Facilities for these tests as well as coordination of these tests shall be the responsibility of the Contractor and consist of the following: Cast Test Cylinders for all Cast -In -Place Concrete, provide four (4) test cylinders for every 150 cubic yards of concrete being placed, with a minimum of one set of cylinders per day. Cure and test cylinders at 7 and 28 days per NCTCOG specifications. Cast Test Cylinders for Controlled Low Strength Material (CLSM) per the City Inspector's direction and provisions of SC 5-15 herein, with a minimum of one set of cylinders per day. Test 1 cylinder at 3 days and 2 at 28 days in accordance with provisions of SC 5-15 herein. The Contractor will be responsible for the following tests: • Conduct Mandrel test in accordance with NCTCOG Specifications and City of Southlake requirements. This test shall be considered subsidiary to the project and additional compensation will not be paid. • Perform an exfiltration test on all new sanitary sewer lines & manholes by hydrostatic or pneumatic methods in accordance with NCTCOG Specification and City of Southlake requirements. Compensation shall be per bid item. • Provide a post construction TV inspection of all new sanitary sewer mains prior to the City's acceptance of the lines. Compensation shall be per bid item. 5-4 NON-PAY/TEM: ACCESS TO PRIVATE PROPERTIES Access to adjacent property shall be maintained at all times unless otherwise approved by the OWNER. The Contractor shall not leave open construction pits overnight. "Extended period of time" is defined as overnight, weekends, holidays, or periods of inclement weather. The Contractor shall leave with the Owner the phone numbers of responsible persons available twenty-four (24) hours a day to handle emergencies. 5-5 NON -PAY ITEM: USE OF PRIVATE PROPERTY The Contractor shall not at any time use private property to park or turn around construction vehicles or store equipment and/or materials without the written permission of the property Owner involved. The Contractor shall not at any time use water metered by meters set for the property Owner's use without written permission of the property Owner. Written permissions are to be presented to the Owner upon request. 5-6 NON -PAY ITEM: PROTECTION OF ADJACENT PROPERTY City of Southlake 5-3 Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements The Contractor shall be responsible for the protection of all trees, shrubs and other improvements on the property adjoining the construction site from damage by the Contractor's equipment and men. The Contractor shall be responsible for notifying the property Owners and obtaining written permission in advance of any trimming to be done on the trees. The Contractor shall notify the City of Southlake if any trees, shrubs, or bushes must be removed for construction. No trees will be removed by the Contractor until permission is granted by the Owner or his designated representative. The Contractor will not be allowed to place excess material, forms, equipment, or any other material outside the street right-of-way without written permission of the property Owner, to be presented to Owner upon request. 5-7 NON-PAY/TEM: MAIL, TRASH, AND RECYCLING SERVICES Every effort will be made by the Contractor to ensure that no damage is done to the existing mailboxes and that they are in place each and every day of the construction period so that the property owner's mail service and access to the mailbox is not disrupted. The Contractor shall coordinate access to mailboxes with the Postal Superintendent. To the maximum extent possible, the Contractor shall not interfere with the collection of trash or recycling. If the Contractor's operations cannot avoid conflict with trash or recycling collection, the Contractor shall ensure collection by one of the following means: Residential: Label curbside bin(s) with the street address to which the bin(s) belong using a non- permanent method (such as masking tape or watercolor marker) and move the bin(s) to a location in the immediate vicinity that is collectible (such as up -street, down -street, or across the street), and notify the resident by note taped to the front door or personal conversation to inform the resident of their bin(s) location. Retail/commercial: As much as possible, schedule work on non -collection days for work that must be done in front of commercial trash containers. Where conflict cannot be avoided, coordinate with the property owner and trash/recycling collection company to arrange an alternate pick-up date. • '� e e e i i e e ► •�diZ � All salvageable material shall be designated by and remain the property of the Owner. Any designated salvageable material that is destroyed or damaged due to negligence of the Contractor shall be replaced with new material by the Contractor at no expense of the Owner. Salvage material, unless designated for reuse, shall be returned to a location designated by the Owner. Existing pavers in the median of Carroll Ave shall be salvaged and returned to City. Coordinate with City staff to identify return location. 5-9 NON -PAY ITEM: UTILITY COORDINATION AND PROTECTION (NCTCOG 107.24.4) The Contractor will not have exclusive use of the easement/ROW as this project may require concurrent utility relocations and/or adjustments for electrical, communication, cable television and/or gas lines throughout the construction period. The Contractor will be required to cooperate with other contractors performing this work, and to schedule and sequence construction operations to facilitate utility adjustments and relocations by other contractors, public and private, working within this project. The Owner will, however, make every effort to encourage any conflicting utilities to expeditiously adjust their adjustments/conflicts. Since the Owner has no jurisdictional authority to neither set a time limit upon nor force quick action in utility adjustments of conflicts and relocation of lines, failure on the part of any utility, to expeditiously eliminate the March 25, 2025 - Addendum 3 conflict/adjustments shall not be a basis for a claim to the Owner for delay or lack of production. The Contractor shall protect and save harmless the Owner from any claims whatsoever resulting from damages, injuries, delay, and/or lack of production because of failure upon the part of such utilities to adjust their lines and remove conflicts in a timely manner. This requirement is not intended to deny the Contractor any rights or remedy at law which it may have against utilities or other third parties causing such lack of production. 5-10 NON-PAY/TEM: TRENCH EMBEDMENT & BACKFILL All embedment and backfill shall be in accordance with the City of Southlake standard detail sheet SD-9, "Embedment Details". Trench embedment and backfill shall be subsidiary to pipe bid items. Separate payment for embedment and backfill will not be issued. 5-11 NON -PAY ITEM: CONSTRUCTION WATER (NCTCOG 107.13) Water required for construction shall be provided at the Contractor's expense. Contractor shall contact City of Southlake Public Works and obtain a hydrant meter for use during construction. At project completion, Contractor shall return the hydrant meter and reimburse/pay City for all water used during construction. The Contractor shall not operate any City -owned valve. Upon notifying the Owner's construction inspector, a valve crew will be provided to operate valves necessary for the work. Work to be performed may require draining, pumping and de -watering, and certain operations necessary to complete the work as specified and as indicated on the drawings. It is the intent of these specifications that such draining, pumping and de -watering, and operations shall be the obligation of the Contractor. The Contractor shall provide all necessary pumping, as required by the excavation work specification, to remove all surface water, ground water, leakage, and water from other sources from excavation. Pumping shall be considered a subsidiary item 5-13 NON-PAY/TEM: RETAINAGE (NCTCOG 109.5.2.) Replace NCTCOG SPEC 109.5.2. with: "As security for the faithful completion of the work by the CONTRACTOR, the OWNER shall retain 10-percent of the total dollar amount of work done on a contract less than $5 Million, and 5-percent of the total dollar amount of work done on a contract more that $5 Million as is allowed by Texas Gov't Code Ch. 2252." 5-14 NON-PAY/TEM: WORKING HOURS The work for "CARROLL AVENUE MOBILITY IMPROVEMENTS" shall be allowed from 7:00 AM to 9:00 PM Monday through Friday. On Saturday and Sunday, only work that does not create noise audible at the property line is permitted. Refer to notes in plans for when lane closures are allowed. Contractor will be responsible for any overtime pay generated from this this project for inspectors. 5-15 NON-PAY/TEM: PROJECT CLEAN-UP (NCTCOG 107.25) The Contractor shall be responsible for controlling blowing dust and debris generated from 5-5 Item 5 —Special Conditions March 25, 2025 - Addendum 3 the project site. 5-16 NON-PAY/TEM: MINIMUM WAGE RATES (NCTCOG 109.1) For the work required of this project, the CONTRACTOR and all sub -contractors shall pay his/her employees the prevailing wage rates in accordance with the Texas Government Code, Chapter 2258. The prevailing wage rates determined applicable for this project are the current prevailing wage rate schedules of the United States Department of Labor adopted in accordance with the Davis -Bacon Act (40 U.S.C. Section 276a, et. seq.) and its subsequent amendments for Tarrant County, Heavy Construction Projects General Decision Number: TX20240026 03/01/2024.These prevailing wage rates can be obtained from the following web page: https://sam.gov/wage-determination/TX20240026/1. 5-17 NON-PAY/TEM: INSURANCE REQUIREMENTS (NCTCOG 103.41 Add the following to NCTCOG Item 103.4. Insurance: Insurance shall not include any exclusion that may be relied upon to cause the OWNER not to be covered. All insurance other than Worker's Compensation shall be of the occurrence type. The company shall be acceptable to the OWNER and more specifically shall be adequately capitalized rated and shall be a company admitted in Texas. At the time of the execution of the contract and before commencing work, the CONTRACTOR shall submit to the OWNER a certificate of insurance in the favor of the OWNER with a 30-day notice of cancellation, naming the OWNER as an additional insured and showing that the CONTRACTOR has the coverage required herein. All coverages shall include a waiver of subrogation clause in favor of the OWNER. The certificates of insurance shall show the type, amount, class of operations covered, effective dates, and dates of expiration of policies. Such certificates shall contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered except after thirty (30) days written notice has been received by the OWNER." CONTRACTOR will not be issued a Work Order to commence work on this Contract until he/she has obtained all the insurance required under this section and such insurance has been approved by the OWNER or his representative. CONTRACTOR shall procure and shall maintain during the life of this Contract, insurance coverage as herein specified, and in case of any work sublet, shall require any subcontractor in like manner to secure and maintain such minimum limits of insurance coverage, also. 5-18 NON-PAY/TEM: INSURANCE - WORKERS' COMPENSATION (NCTCOG 103.4.1.1) In addition to the provisions of NCTCOG Item 103.4.1.1. Worker's Compensation, add the following: Workmen's Compensation Insurance: Statutory requirements as specified by the Workmen's Compensation Law of the State of Texas and adopted by the Texas Workers' Compensation Commission per Title 28, TAC §110.110. Workers' Compensation Insurance Coverage: A. Definitions: (1) Certificate of coverage ("certificate") - A copy of a certificate of insurance, a 5-6 Item 5 —Special Conditions March 25, 2025 - Addendum 3 certificate of authority to self -insure issued by the commission or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project for the duration of the project. (2) Building or construction - Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - A Person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage - Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage Agreement - A written agreement on form TWCC-81, form TWCC- 82, form TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project - Includes the time from the beginning of the work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" in §406.096) - Includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity, which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project - Includes the provision of all services related to a building or construction contract for a governmental entity. B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the project for the duration of the project C. The CONTRACTOR must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. 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 5-7 Item 5 —Special Conditions March 25, 2025 - Addendum 3 coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The CONTRACTOR shall obtain from each person providing services on the project and provide to the governmental entity: (1) A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) No later than seven days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The CONTRACTOR shall notify the governmental entity 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. H. 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. I. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: (1) 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; (2) 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; (3) 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; (4) Obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (a) A certificate of coverage, prior to the other person beginning work on the project; and (b) 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; 5-8 Item 5 —Special Conditions March 25, 2025 - Addendum 3 (5) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) Notify the governmental entity 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 (7) 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. J. By signing this contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the governmental entity 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. K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR which entitles the governmental entity 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 governmental entity. In accordance with statutory requirements, the CONTRACTOR shall: (1) Provide coverage for its employees providing services on the project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) Provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) Provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project; (4) Obtain from each person providing services on the project, and provide to the governmental entity: (a) A certificate of coverage, prior to that person beginning work on the project, so the governmental entity 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 contract, 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; 5-9 Item 5 —Special Conditions March 25, 2025 - Addendum 3 (5) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after CONTRACTOR knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) Post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text in Figure 1 provided by the commission on the sample notice, without any additional words or changes: Figure 1: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee" "Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." In NCTCOG Item 103.4.1.1. Worker's Compensation, change the minimum coverage as follows: Each Accident $ 100,000 Disease — Each Employee $ 100.000 Disease — policy limit $ 500,000 5-19 NON-PAY/TEM: INSURANCE - COMMERCIAL GENERAL LIABILITY(NCTCOG 103.4.1.2) In COG Item 103.4.1.2. Commercial General Liability, change the minimum coverage as follows: General Aggregate $ 1,000,000 Products — Components/Operations Aggregate $ 1,000,000 Personal and Advertising Injury $ 600,000 Each Occurrence $ 600,000 Fire Damage (any one fire) $ 50,000 Medical Expense (any one person) $ 5,000 5-20 NON -PAY ITEM: INSURANCE -AUTOMOBILES (NCTCOG 103.4.1.3) 5-10 Item 5 —Special Conditions March 25, 2025 - Addendum 3 In NCTCOG Item 103.4.1.3. Automobiles, change the minimum coverage as follows: Combined Bodily Injury and Property Damage $ 600,000 per occurrence Separate Limits - Bodily Injury $ 250,000 per person Separate Limits - Bodily Injury $ 500,000 per person Separate Limits- Property Damage $ 100,000 5-21 NON-PAYITEM: INSURANCE- UMBRELLA LIABILITY INSURANCE (NCTCOG 103.4.3) In addition to the provisions of NCTCOG Item 103.4.3. "Umbrella" Liability Insurance, add the following: Contract shall obtain, pay for and maintain umbrella liability insurance during the Contract term, insuring the CONTRACTOR for an amount of not less than $1,000,000 per occurrence combined limit for bodily injury and property damage. 5-22 NON-PAYITEM: INSURANCE -CONTRACTOR AGREEMENTS (NCTCOG 103.4.5.3) In addition to the provisions of NCTCOG Item 103.4.5.3. Contract Agreements, add the following: (6) Deductible limits on insurance policies exceeding $10,000 require approval of the CITY; (7) Any of such insurance policies required under this paragraph may be written in combination with any of the others, where legally permitted, but none of the specified limits may be lowered thereby; (8) Prior to commencement of operations pursuant to this Contract, the CONTRACTOR shall furnish the CITY with satisfactory proof that he has provided adequate insurance coverage in amounts and by approved carriers as required by this Agreement; (9) CONTRACTOR shall provide notice of any actual or potential claim or litigation that would affect required insurance coverages to the CITY in a timely manner; (10) CONTRACTOR agrees to either require its Subcontractors to maintain the same insurance coverage and limits as specified for the CONTRACTOR or coverage of Subcontractors shall be provided by the Contract; and (11) Prior to the effective date of cancellation, CONTRACTOR shall deliver to the CITY a replacement certificate of insurance or proof of reinstatement. 5-23 NON -PAY ITEM: NOTICE TO PROCEED AND COMMENCEMENT OF WORK (NCTCOG 103.6) In addition to the provisions of NCTCOG Item 103.6 Notice to Proceed and Commencement of Work, add the following: The Contract Time will commence to run on date indicated on the Notice to Proceed for Construction. A Notice to Proceed for Construction may be given at any time within one hundred eighty (180) days after the Effective Date of the Agreement. 5-11 Item 5 —Special Conditions March 25, 2025 - Addendum 3 A Limited Notice to Proceed for Procurement may be given at any time within thirty (30) days after the Effective Date of the Agreement. The Limited Notice to Proceed for Procurement shall be utilized by the Contractor to process shop drawings, submittals, and procurement of materials for the project. No other work can be performed after receiving the Limited Notice to Proceed for Procurement. If the Contractor elects to commence work, the Notice to Proceed Construction will be issued, and Contract Time will commence to run. 5-24 NON -PAY ITEM: TxDOT PERMIT Contractor required to submit proof of request prior to NTP. Contractor to coordinate with City prior to submitting for TxDOT Permit. 5-25 NON -PAY ITEM: MODIFIED CRITICAL PATH -BASED WORKING DAYS DEFINITION Replace NCTCOG SPEC 101.1 "Definitions", "Working Day" with: Working days will be charged Monday —Friday, excluding recognized holidays, if weather or other conditions permit the performance of the principal unit of work underway, as determined by the City Engineer (or City Inspector), for a period of at least 5 hours between 7:00 A.M. and 9:00 P.M (working hours in accordance with City of Southlake Noise Ordinance; Chapter 11 Article 3). Contractor has the option of working Saturdays, Sundays, and recognized holidays only if approved by the City Engineer. Provide advance notice (at least 10 calendar days) to the City Engineer when scheduling work on Saturday, Sunday, or recognized holiday. If work requiring an Inspector to be present or critical path activities are performed on a Saturday, Sunday, or holiday, and weather and/or other conditions permit the performance of work for at least 5 hours between 7:00 A.M. and 9:00 P.M., a working day will be charged. Final determination of whether a working day will be charged or not charged will be based on the decision of the City Inspector, but Contractor may discuss potential working day charges with City inspector at the beginning of each day if there are uncertainties in how working days will be charged based on the conditions expected for the day. Time extensions shall only be granted if delays directly impact the critical path and prevent the project from meeting the contractual completion date. 5-26 NON -PAY ITEM: CRITICAL PATH SCHEDULE REQUIREMENTS Replace NCTCOG SPEC 108.1 "Progress Schedule" with: Construction Schedule Initial CPM Schedule Submission and Baseline Approval • Submission Deadline: Within 14 calendar days after the Notice to Proceed (NTP), the Contractor shall submit a comprehensive Critical Path Method (CPM) baseline schedule. This schedule must: 1. Clearly define the critical path. 2. Detail all major activities, their durations, and logical sequencing. Activity durations shall not exceed 20 working days without Owner approval. There shall be no open-ended activities (tasks with no logical connection to predecessors or successors). 3. Include procurement activities, material deliveries, and key milestones. 4. Account for weather -sensitive activities and contractual constraints. 5-12 Item 5 —Special Conditions March 25, 2025 - Addendum 3 • Format: each iteration of the schedule shall be submitted in PDF format. • Review & Approval Process: 1. If the initial schedule is found to be deficient or inaccurate, the Contractor shall submit a corrected schedule within 7 calendar days of receiving comments. 2. The Owner's approval of the baseline schedule is required before the first progress payment is issued. 3. Acceptance of the baseline schedule does not relieve the Contractor of responsibility for timely completion or compliance with contract requirements. Monthly Schedule Updates • Update Frequency: The Contractor shall submit monthly CPM schedule updates with each progress payment request. • Update Requirements: Each update must: 1. Reflect actual progress, including actual start and finish dates for completed activities. 2. Identify any changes to the critical path and potential impacts on project completion. 3. Show deviations from the approved baseline schedule and indicate causes of delays. 4. Include a written narrative explaining: • Causes of any delays or sequencing changes. • Impacts on the critical path and forecasted completion date. • Proposed mitigation or recovery strategies. Schedule Review and Acceptance • If an update is found to be deficient or inaccurate, the Contractor shall submit a corrected schedule within 7 calendar days of receiving comments. • The Owner's acceptance of monthly schedule updates does not constitute approval of any time extension requests. Non -Compliance and Withholding of Payments • Failure to Submit the Baseline or Updates: 1. If the Contractor fails to submit the baseline schedule within the required timeframe, the Owner may withhold progress payments until the schedule is received and accepted. 2. Failure to submit monthly updates in accordance with these requirements may result in payment withholdings or additional corrective actions as determined by the Owner. • Deficient Submissions: 1. Schedules that do not comply with these requirements will be returned for correction and must be resubmitted within 7 calendar days. 5-27 NON -PAY ITEM: SHOP DRAWING SUBMITTALS All shop drawings and submittals required in the contract documents shall be submitted for review within 60 days of issuance of Notice to Proceed. 5-28 NON -PAY ITEM: WORKING AREA (NCTCOG 107.22) Add to NCTCOG SPEC 107.22 Working Area with the following: "The CONTRACTOR shall be responsible for providing its own staging areas for materials and equipment." 5-13 Item 5 —Special Conditions March 25, 2025 - Addendum 3 [THIS PAGE INTENTIONALLY LEFT BLANK] March 25, 2025 - Addendum 3 BID ITEM DESCRIPTIONS 5-29 BID ITEM DESCRIPTIONS ITEM A-1 (TXDOT 100) — PREPARING ROW All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 100 Preparing Right of Way, unless otherwise specified. Measurement and payment shall be at the unit price bid per lump sum (LS) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-2 (TXDOT 500) — MOBILIZATION (5% MAX) The work under this item shall include the establishment of offices and other facilities on the project site and the movement of personnel, construction equipment and supplies to the project site or to the vicinity of the project site in order to enable the Contractor to begin work on the contract. The cost of all bonds and insurance for the project will also be considered part of this specification. Mobilization will be measured and paid as a lump sum (LS) item and will be paid in partial payment. Partial payments for mobilization shall be paid for at the Total Unit Price as shown in the bid proposal with the regular monthly estimates as follows: a. When 1 % and less than 5% of the adjusted contract amount for construction items is completed, 50% of the mobilization lump sum bid will be paid. b. When 5% and less than 10% of the adjusted contract amount for construction items is completed, 75% of the mobilization lump sum bid will be paid. Previous payments under this section will be deducted from this amount. c. When 10% or more of the adjusted contract amount for construction items is completed, 95% of the mobilization lump sum bid will be paid. Previous payments under this section will be deducted from this amount. d. Payment for the remainder of the lump sum bid for "Mobilization" will be made on the final estimate. Mobilization shall encompass cost for the entire project. The Contractor will be expected to work continuously regardless of franchise utility relocations. If the Contractor stops work for any reason and remobilizes, the cost of remobilization will be at the Contractor's expense. ITEM A-3 (NCTCOG 107.21) — PROJECT SIGN Project signs shall be furnished and installed in accordance with NCTCOG Item 107.21, the detail below (placeholder only, City to provide final sign layout) and all related City of Southlake requirements. During construction, the project signs shall be moved to the various project sites throughout City of Southlake. City of Southlake Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements City of Southlake Caipitall Improvements Program Carroll Avenue Mobility I it I ir0 e rne r�i m For more information, visit CON INECTSOUTHLAKE.COM Supported and approved by your City of Southlake City Council01, This mmui�.*:t mw dedbytheC ya+4r�utrrdBkea 1eh,eTe�, mcr,,.w�,Iy f on55if�i ftlUm tfimUwl the Tart tC.,AV 2M T,V ta1w 8,,.d FhGgr ,_ Measurement for payment shall be at the unit price bid per each (EA) and shall include all labor, equipment, materials, tools, and incidentals required to construct the project sign, complete in place, and maintain it throughout construction. ITEM A-4 (TXDOT 503) — PORTABLE CHANGEABLE MESSAGE SIGN All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 503 Portable Changeable Message Sign, unless otherwise specified. Measurement and payment shall be at the unit price bid per lump sum (LS) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. This item includes the use of 2 portable changeable message signs for the full duration of the project. Exact locations shall be communicated at the pre -construction meeting. ITEM A-5 (TXDOT 110) — EXCAV (ROADWAY) All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 110 Excavation, unless otherwise specified. Measurement and payment shall be at the unit price bid per cubic yard (CY) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. City of Southlake Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements ITEM A-6 (TXDOT 162) — BLOCK SODDING All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 162 Sodding for Erosion Control, unless otherwise specified. Measurement and payment shall be at the unit price bid per square yard (SY) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-7 (TXDOT 160) — FURNISH AND PLACE TOPSOIL (4") All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 160 Topsoil, unless otherwise specified. Measurement and payment shall be at the unit price bid per square yard (SY) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-8 (TXDOT 247) — FL BS (CMP IN PLC)(TY A GR 1-2) (6" FLEXIBLE BASE) ITEM A-9 (TXDOT 247) — FL BS (CMP IN PLC)(TY A GR 1-2) (8" FLEXIBLE BASE) All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 247 Flexible Base, unless otherwise specified. Measurement and payment shall be at the unit price bid per square yard (SY) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-10 (TXDOT 341) — 2" D-GR HMA TY-D PG64-22 ITEM A-11 (TXDOT 341) — 4" D-GR HMA TY-B PG64-22 ITEM A-12 (TXDOT 341) — 5" D-GR HMA TY-B PG64-22 All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 341 Dense -Graded Hot -Mix Asphalt, unless otherwise specified. Measurement and payment shall be at the unit price bid per square yard (SY) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. Item A-13 (TXDOT 360) — CONCRETE PVMT (CONT REINF -CRCP) (8") All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 360 Concrete Pavement, unless otherwise specified. Measurement and payment shall be at the unit price bid per square yard (SY) and shall City of Southlake Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-14 (TXDOT 528) — LANDSCAPE PAVERS All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 528 Landscape Pavers, unless otherwise specified. Measurement and payment shall be at the unit price bid per square yard (SY) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. Base (including concrete), bedding, joint -filling sand, and subgrade rework/compaction required for landscape pavers will not be paid for directly but will be subsidiary to this item. ITEM A-15 (TXDOT 527) — COLORED TEXTURED CONC (81 (INTEGRAL COLORED) All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 527 Colored Textured Concrete, unless otherwise specified. Westwood Brown C-27 color and Yorkstone stamp pattern or similar materials should be used for the colored textured concrete. Contractor shall submit shop drawings for Owner approval prior to construction. All color applications for special concrete shall be integral to the material batch mix process. Measurement and payment shall be at the unit price bid per square yard (SY) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. Item A-16 (TXDOT 529) — CONC CURB (MONO) (6") All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 529 Concrete Curb, Gutter, and Combined Curb and Gutter, unless otherwise specified. Measurement and payment shall be at the unit price bid per linear foot (LF) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-17 (TXDOT 529) — CONCRETE CURB AND GUTTER (TY II) All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 529 Concrete Curb, Gutter, and Combined Curb and Gutter, unless otherwise specified. City of Southlake Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements Measurement and payment shall be at the unit price bid per linear foot (LF) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-18 (TXDOT 531) — CURB RAMPS (TY 7) All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 531 Sidewalks, unless otherwise specified. Measurement and payment shall be at the unit price bid per each (EA) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-19 (TXDOT 531) — CONCRETE SIDEWALK (4") All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 531 Sidewalks, unless otherwise specified. Measurement and payment shall be at the unit price bid per square yard (SY) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-20 (NCTCOG 201. 203. 204) — TREE REMOVAL All work shall be performed as shown in the plans, plan notes, details, and in accordance with NCTCOG Items 201, 203, and 204, unless otherwise specified. City of Southlake Tree Protection Details provided in the plans. Measurement and payment shall be at the unit price bid per each (EA) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-21 (NCTCOG 702) — GRATE INLET All work shall be performed as shown in the plans, plan notes, details, City standard detail SD-7, and in accordance with NCTCOG Item 702, unless otherwise specified. Measurement and payment shall be at the unit price bid per each (EA) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-22 (NCTCOG 502) — RELOCATE EXISTING WATER METER All work shall be performed as shown in the plans, plan notes, details and in accordance with NCTCOG Item 502, unless otherwise specified. City of Southlake Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements Measurement and payment shall be at the unit price bid per each (EA) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-23 (NCTCOG 502.6) - ADJUST EXISTING WATER VALVE TO PROP GRADE All work shall be performed as shown in the plans, plan notes, details and in accordance with NCTCOG Item 502.6, unless otherwise specified. Measurement and payment shall be at the unit price bid per each (EA) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-24 (NCTCOG 502) -ADJUST EXISTING STORM MANHOLE TO PROP GRADE All work shall be performed as shown in the plans, plan notes, details and in accordance with NCTCOG Item 502, unless otherwise specified. Measurement and payment shall be at the unit price bid per each (EA) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-25 (TXDOT 192) — HARDWOOD MULCH (3" DEPTH) (MATCH EXISTING COLOR) All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 192 Landscape Planting, unless otherwise specified. Measurement and payment shall be at the unit price bid per square yard (SY) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-26 (TXDOT 107.28) — EROSION, SEDIMENTATION, AND WATER POLLUTION PREVENTION AND CONTROL (SWPPP) All work shall be performed as shown in the plans, plan notes, details and in accordance with NCTCOG Item 107.28, unless otherwise specified. Prior to the start of work, the Contractor shall develop, in detail, an erosion control plan that conforms to all state and local regulations. Contractor shall provide, install and maintain all necessary erosion control devices during the construction period. An erosion control plan is provided in the plan set. These measures represent minimum erosion control measures. The City Engineering Department and/or inspectors may require additional erosion control devices which shall be subsidiary to the erosion City of Southlake Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements control measures line items. Measurement and payment for this item shall be at the unit price bid per lump sum (LS) and shall be full compensation for all labor, equipment, tools, materials, and incidentals required to implement and maintain erosion control measures, complete in place. Item A-27 (TXDOT 502) — BARRICADES, SIGNS, AND TRAFFIC HANDLING All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 502 Barricades, Signs, and Traffic Handling, unless otherwise specified. Measurement and payment shall be at the unit price bid per lump sum (LS) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. Prior to the start of work, the Contractor shall develop, in detail, a construction schedule and sequence of construction, and traffic control plan that shall cause minimum interference with traffic along, across and adjacent to the project during construction for Onwer review and approval. TCP plans shall be prepared by a Licensed Engineer in the State of Texas. Contractor shall provide, install, and maintain all necessary traffic control devices to ensure a safe work environment during the entire period of construction. A traffic control plan is provided in the plan set. These measures represent minimum traffic control measures. The City Engineering Department and/or inspectors may require additional traffic control measures which shall be subsidiary to this item. TCP measures shall conform to the "Texas Manual on Uniform Traffic Control Devices", Latest Revision. Portable message boards will be required on this project and are to be in place two weeks prior to construction commencement (see Item A-4 Portable Changeable Message Sign). Refer to general notes and TCP plans provided in the plans for additional information. ITEM A-28 (TXDOT 666) — PAVEMENT MARKINGS All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 666 Retroreflectorized Pavement Markings, unless otherwise specified. Measurement and payment shall be at the unit price bid per lump sum (LS) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. City of Southlake Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements This item includes the installation of pavement markings, markers and sealer at the locations shown as well as pavement prep. Raised Pavement Markings are subsidiary to this item. ITEM A-29 (TXDOT 644) — IN SM RD SN SUP&AM TYIOBWGO)SA(P) ITEM A-30 (TXDOT 644) - IN SM RD SN SUP&AM TYS80(1)SA(T) ITEM A-31 (TXDOT 644) — RELOCATE SM RD SN SUP&AM TY 10BWG ITEM A-32 (TXDOT 644) — RELOCATE SM RD SN SUP&AM (SIGN ONLY) All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 644 Small Roadside Sign Assemblies, unless otherwise specified. Measurement and payment shall be at the unit price bid per each (EA) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-33 (NCTCOG 204.1) - LANDSCAPING RESTORATION All work shall be performed in accordance with NCTCOG Item 204.1, unless otherwise specified. Any landscape systems impacted by the project shall be restored to equal or better conditions. This includes restoring any features that will be impacted with the project. Contractor is responsible for videoing existing conditions prior to construction. Contractor shall receive approval from the Owner prior to use of this pay item. This pay item shall not include any landscape improvements that are included or quantified under a separate pay item. Measurement and payment for this item shall be at the unit price bid per lump sum (LS) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. Contractor shall submit a schedule of values to the Owner prior to NTP for landscaping adjustments and restoration prior to construction. ITEM A-34 (NCTCOG 201.2) - IRRIGATION RESTORATION All work shall be performed in accordance with NCTCOG Item 201.2, unless otherwise specified. Any irrigation systems impacted by the project shall be restored to equal or better conditions. This includes all areas impacted with water installation, wastewater installation, pavement replacement, drainage inlets, sidewalk/ramp construction, and any other construction impacting landscape, hardscape, and irrigation systems. This includes restoring any features that will be impacted with the project (i.e. stone edges, walls, planter beds, lighting, flumes, etc.). Contractor is responsible for videoing existing conditions prior to construction. Contractor shall receive approval from the Owner prior to use of this pay item. City of Southlake Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements Contractor shall coordinate with property owners to test existing irrigation systems prior to construction. Measurement and payment for this item shall be at the unit price bid per lump sum (LS) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. Contractor shall submit a schedule of values to the Owner prior to NTP for landscaping adjustments and restoration prior to construction. ITEMS A-35 TO A-66 — VARIOUS TRAFFIC SIGNAL ITEMS All work shall be performed as shown in the plans, plan notes, details, and in accordance with applicable TxDOT Items, unless otherwise specified. Contractor shall submit shop drawings to City for review and approval prior to furnishment and installation. Measurement and payment shall be at the unit price and measurement as shown in the bid form and shall be full compensation for all labor, equipment, tools, materials, shop drawings, and incidentals necessary to complete the work. ITEM A-67 (TXDOT 5191) — WHEEL STOPS All work shall be performed as shown in the plans, plan notes, details, and in accordance with TXDOT Special Specification 5191 Precast Concrete Wheel Stops, unless otherwise specified. Measurement and payment shall be at the unit price bid per each (EA) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEMS A-68 TO A-73 — VARIOUS TRAFFIC SIGNAL ITEMS All work shall be performed as shown in the plans, plan notes, details, and in accordance with applicable TxDOT Items, unless otherwise specified. Contractor shall submit shop drawings to Owner for review and approval prior to furnishment and installation. Measurement and payment shall be at the unit price and measurement as shown in the bid form and shall be full compensation for all labor, equipment, tools, materials, shop drawings, and incidentals necessary to complete the work. ITEM A-74 — DETECTABLE WARNING SURFACE FOR SH 114 BRIDGE This item includes furnishing and installing detectable warning surface as shown in the traffic signal plans for a singular specific location. All other detectable warning surface City of Southlake Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements shall be subsidiary to the ramp pay item that is it being installed with. This SH 114 bridge detectable warning surface shall follow TxDOT PED-18 and DMS 4350, and a separate item is provided for this only because it is to be installed on existing pavement. This item shall be constructed, measured, and paid for in accordance with the appropriate TxDOT Items, details, and notes. Contractor shall submit a shop drawing to Owner for review and approval prior to furnishment and installation. Measurement and payment shall be at the unit price bid per each (EA) and shall be full compensation for all labor, equipment, tools, materials, shop drawings, and incidentals necessary to complete the work. ITEM A-75 — PRE-EMPTION CABLE All work shall be performed as shown in the plans, plan notes, details, and City specifications for pre-emption equipment (to be provided by City) and shall match the existing pre-emption equipment already installed at the intersection. Contractor shall submit a shop drawing to Owner for review and approval prior to furnishment and installation. Measurement and payment shall be at the unit price bid per linear foot (LF) and shall be full compensation for all labor, equipment, tools, materials, shop drawings and incidentals necessary to complete the work. ITEM A-76 — PRE-EMPTION CAMERA ASSEMBLY All work shall be performed as shown in the plans, plan notes, details, and City specifications for pre-emption equipment (to be provided by City) and shall match the existing pre-emption equipment already installed at the intersection. Contractor shall submit a shop drawing to Owner for review and approval prior to furnishment and installation. Measurement and payment for this item shall be on a per each (EA) basis and shall be full compensation for all labor, materials, shop drawings and incidentals necessary to complete the work. ITEMS A-77 TO A-87 — VARIOUS TRAFFIC SIGNAL ITEMS All work shall be performed as shown in the plans, plan notes, details, and in accordance with applicable TxDOT Items, unless otherwise specified. Contractor shall submit shop drawings to Owner for review and approval prior to furnishment and installation. Measurement and payment shall be at the unit price and measurement as shown in the City of Southlake Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements bid form and shall be full compensation for all labor, equipment, tools, materials, shop drawings, and incidentals necessary to complete the work. ITEMS A-88 — PTZ CAMERA SYSTEM Contractor shall furnish and install all materials to make the proposed PTZ camera system operational. Refer to plans for additional manufacturer information for PTZ equipment and contact City for additional information. Contractor shall submit a shop drawing to Owner for review and approval prior to fabrication and installation. Measurement and payment shall be at the unit price bid per each (EA) and shall be full compensation for all labor, equipment, tools, materials, shop drawings and incidentals necessary to complete the work. City of Southlake Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements [THIS PAGE INTENTIONALLY LEFT BLANK] March 25, 2025 - Addendum 3 [THIS PAGE INTENTIONALLY LEFT BLANK] TABLE OF CONTENTS SECTION I STANDARD SPECIFICATIONS Table of Contents Item 1 Invitation for Proposals Item 2 Notice to Proposers Item 3 Proposal Item 4 General Provisions - Division 100 General Provisions of thdh5 Edition NCTCOG Standard Specifications for Public Works Construction, reprinted herein Item 5 Special Conditions Item 6 Construction Contract Item 7 Performance Bond Item 8 Payment Bond Item 9 Maintenance Bond Item 10 Certificate of Insurance TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted September 1, 2024 By reference, TxDOT Standard Specifications 2024 for: Item 100 —Preparing Right of Way Item 110 — Excavation Item 160 - Topsoil Item 162 — Sodding for Erosion Control Item 192 — Landscape Planting Item 247 — Flexible Base Item 341 — Dense -Graded Hot -Mix Asphalt Item 360 — Concrete Pavement Item 416 — Drilled Shaft Foundations Item 500 — Mobilization Item 502 — Barricades, Signs, and Traffic Handling Item 503 — Portable Changeable Message Sign Item 506 — Temporary Erosion, Sedimentation, and Environmental Controls Item 528 — Landscape Pavers Item 529 — Concrete Curb, Gutter, and Combined Curb and Gutter Item 531- Sidewalks Item 618 — Conduit Item 620 — Electrical Conductors Item 621 — Tray Cable Item 624 — Ground Boxes Item 644 — Small Roadside Sign Assemblies Item 666 — Retro Reflectorized Pavement Markings Item 680 — Highway Traffic Signals Item 682 — Vehicle and Pedestrian Signal Heads Item 684 — Traffic Signal Cables Item 686 —Traffic Signal Pole Assemblies (Steel) Item 690 — Maintenance of Traffic Signals Item 5191 — Wheel Stops City of Southlake TOC-1 Table of Contents Carroll Avenue Mobility Improvements Item 6027 — Preparation of Existing Conduits, Ground Boxes or Manholes Item 6045 — Install RADD Vehicle Detectors Item 6046 — Install RPD Vehicle Detectors Item 6058 — Battery Back -Up System for Signal Cabinets Item 6119 — Install of Signal Related Signs Item 6156 — LED High Mast Illumination Assemblies Item 6292 — Radar Vehicle Detection By reference, NCTCOG 5' Edition Standard Specifications for: Item 107 — Legal Relations and Contract Responsibilities Item 201 — Site Protection Item 203 — Site Preparation Item 204 - Landscaping Item 502 — Appurtenances Item 702 — Concrete Structures Refer to Item 5 Special Conditions and/or attached specifications for the following City specifications: SC — Detectable Warning Surface SC — Pre-Emption Camera Assembly and Cable SC — PTZ Camera System SECTION II — CONSTRUCTION PLANS Refer to accompanying construction plans titled "CARROLL AVENUE MOBILITY IMPROVEMENTS" byKimley-Horn and Associates, Inc. City of Southlake TOC-2 Table of Contents Carroll Avenue Mobility Improvements [THIS PAGE INTENTIONALLY LEFT BLANK] ITEM 1 INVITATION FOR PROPOSALS The City of Southlake is soliciting proposals for the construction of the following project: CARROLL AVENUE MOBILITY IMPROVEMENTS Proposals must be delivered to the City Secretary for the City of Southlake at 1400 Main Street, Suite 270, Southlake, Texas 76092, no later than 10:30 AM local time, Friday, March 28th, 2025, and then publicly opened and read aloud Town Hall Training Room, 3rd Floor. All late bids or proposals shall be rejected. Electronic (PDF) Plans, Specifications and Contract Documents may be downloaded free of charge from http://www.civcastusa.com/ starting Sunday, February 23rd, 2025. Contract Documents may be examined or purchased at the Kimley-Horn office at the following address: Kimley-Horn and Associates, Inc. 225 E John Carpenter Fwy, Suite 1100 Irving, Texas 75062 The cost for Contract Documents is $50 per set of documents and will be available beginning Sunday, February 23rd, 2025. The cost of Contract Documents is nonrefundable. Submit check, cashier's check or money order for payment. Cash will not be accepted. Prospective proposers shall provide Engineer with one day's advance notice prior to examining/purchasing plans, specifications and contract documents. Questions regarding distribution of Contract Documents and design related questions for this project shall be directed to Kimley-Horn and Associates (attention Nathan Ante). Email questions to Nathan Ante at Nathan.AnteC@kimley-horn.com. All questions concerning this project shall be submitted by 5:00 PM on Friday, March 14th, 2025. Any questions submitted after this time and date will not be addressed. An optional Pre -Proposal Conference will be held at 11:00 AM, Wednesday, March 5th, 2025, at Southlake Town Hall (1400 Main Street, Southlake, TX 76092) in the Town Hall Training Room, 3rd Floor. This conference is for the purpose of interpretation for Contractors of Contract Documents, including plans and specifications, for construction of the project. This project consists of reconstruction on N Carroll Avenue with paving, drainage, and traffic signal improvements. The Contractor will be selected based on offering the best value to the City. Proposers must submit a cashier's check, certified check, or acceptable bidder's bond with their proposal as a guarantee that the Bidder will enter into a contract for the project with the Owner within ten (10) days of Notice of Award of the contract. The security must be payable to the City of Southlake in the amount of five percent (5%) of the proposal submitted. Contractor must execute the contract, bonds and certificates of insurance on the forms provided in the Contract Documents. Contractors for this Project must pay no less than the prevailing wage rates for the area established by the Owner and included in the contract documents. Performance, Payment and Maintenance Bonds, bound to the City of Southlake are required, each in an amount of not less than one -hundred percent (100%) of the contract price, conditioned upon the faithful performance of the contract and upon payment of all persons supplying labor or furnishing materials. The City of Southlake reserves the right to adopt the most advantageous interpretation of the proposals submitted in the case of ambiguity or lack of clearness in stating proposal prices, to reject any or all bids or proposals, and/or waive formalities. Bids or proposals may not be withdrawn within ninety (90) days from date on which bids or proposals are opened. Advertising Dates: February 23rd, 2025 and March 2"d, 2025 City of Southlake 1-1 Item 1— Invitation for Proposals Carroll Avenue Mobility Improvements [THIS PAGE INTENTIONALLY LEFT BLANK] ITEM 2 NOTICE TO PROPOSERS RECEIPT AND OPENING OF PROPOSALS The City of Southlake (herein called the "Owner"), invites proposals on the form attached hereto, all blanks of which must be appropriately filled in. Proposals will be received by the Owner addressed to the City Secretary until 10:30 AM local time, Friday, March 281h, 2025, and then publicly opened and read aloud in the office of the Town Hall Training Room, 3d Floor. Late proposals shall be rejected. A Contractor shall be selected based on offering the established criteria listed in Special Condition 5-1 in Item 5 of the Contract Documents. The envelopes containing the proposals must be sealed, addressed to the City Secretary at 1400 Main Street, Suite 270, Southlake, Texas 76092 and designated as Proposal for the: CARROLL AVENUE MOBILITY IMPROVEMENTS The Owner may consider informal any proposal not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all proposals. Any proposal may be withdrawn prior to the above scheduled time for the opening of proposals or authorized postponement thereof. Any proposal received after the time and date specified shall not be considered. No proposer may withdraw a proposal within 90 days after actual date of the opening thereof. 2. PREPARATION OF PROPOSAL Each proposal must be submitted in a sealed envelope bearing on the outside the name of the proposer, his address, "Proposal" and the name of the project for which the proposal is submitted. If forwarded by mail, the sealed envelope containing the proposal must be enclosed in another envelope addressed as specified in the proposal form. 3. METHOD OF PROPOSAL The Owner invites the following proposal(s): As noted in Item 3 - Proposal 4. QUALIFICATIONS OF PROPOSER Selection criteria are included in Special Condition 5-1 in Item 5 of the Contract Documents The proposer is responsible for submitting information and references sufficient for the Owner to evaluate Best Value. The Owner may make such investigations as he deems necessary to evaluate the reputation and ability of the proposer and key personnel to perform the work, and the reputation and quality of the proposer's goods and services, and the proposer shall furnish to the Owner all such information and data for this purpose. The Owner reserves the right to reject any proposal if the evidence submitted by, or investigation of, such proposer fails to satisfy the Owner that such proposer is properly qualified to carry out the obligations of the contract and to complete the work contemplated herein. Accordingly, proposer participants, whether general contractor, prime contractor, joint venture contractor or sub -contractor, shall provide documented evidence of having completed at least five (5) projects for paving improvements, traffic signal improvements, and pedestrian facility City of Southlake 2-1 Item 2 — Notice to Proposers Carroll Avenue Mobility Improvements improvements of a similar nature to the project being proposed. Proposer shall submit no fewer than three (3) references of previous projects with key personnel for Owner to verify references. This experience documentation shall be submitted as part of the sealed proposal, prior to, and as a special requirement for, being considered for award of the contract for the subject project. Conditional proposals will not be accepted. 5. LIMITATIONS AND SPECIAL APPROVALS FOR SUBCONTRACTING The proposer shall expect to perform a minimum of 30% of the project scope with a workforce directly employed by the proposer. The Contractor shall not award work under the Contract to subcontractor(s) in excess of 50% of the total contract price without written approval of the Owner. 6. PROPOSAL SECURITY Each proposal must be accompanied by a certified check of the proposer, or a bond, duly executed by the proposer as principal and having as surety thereon a surety company approved by the Owner, in the amount of 5% of the bid. Such checks, or bonds will be returned to all except the three lowest proposers within thirty days after the opening of proposals, and the remaining checks or bid bonds will be returned promptly after the Owner and the accepted proposer have executed the contract, or, if no award has been made within 90 days after the date of the opening of proposals, upon demand of the proposer at any time thereafter, so long as he has not been notified of the acceptance of his proposal. 7. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT The successful proposer, upon his failure or refusal to execute and deliver the contract and bonds required within 10 business days after he has received notice of the acceptance of his proposal, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security depositedwith his proposal. 8. TIME OF COMPLETION AND LIQUIDATED DAMAGES Proposers must agree to commence work on or before a date to be specified in awritten "Notice To Proceed" of the Owner and to fully complete the project within the specified time as stated in the proposal. Proposer must agree to pay liquidated damages, as per Item 108.8 of the "North Central Texas Council of Governments Standard Specifications for Public Works Construction." Time is of the essence in the Contract and the deadlines for achieving substantial completion and final completion will be strictly enforced. Liquidated damages will be assessed against the CONTRACTOR for failure to achieve substantial completion by the date established by the Contract and shall continue to be assessed until the CONTRACTOR achieves total (100%) final completion as required by the Contract. The CONTRACTOR agrees that that the liquidated damages provisions in the Contract are reasonable, facially valid, are not a penalty, and do not otherwise operate as a penalty. Moreover, the sum of money deducted or charged as liquidated damages is not to be considered as a penalty, but shall be deemed, taken, and treated as reasonable liquidated damages, representing a reasonable estimate of damages, or a reasonable forecast of just compensation, because the harm caused by the breach is incapable or extremely difficult of estimation due to the public nature of the work and the likely loss to be sustained by the OWNER and the general public, estimated at or before the time of City of Southlake 2-2 Item 2 — Notice to Proposers Carroll Avenue Mobility Improvements executing the Contract. 9. CONDITIONS OF WORK Each proposer must inform itself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful proposer of its obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible, the Contractor, in carrying out the work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. 10. ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications, or other pre- proposal documents will be made to any proposer orally. Every request for such interpretation should be emailed to Kimley-Horn (attention Nathan Ante (nathan.ante(a-)-kimley-horn.com) and to be given consideration, must be received at least seven days prior to the date fixed for the opening of proposals. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be emailed no later than three days prior to the date fixed for opening of proposals. Failure of any proposer to receive any such addendum or interpretation shall not relieve such proposer from any obligation under his proposal as submitted. All addenda so issued shall become part of the contract documents. 11. CONTRACT DOCUMENTS AND PRIORITY ORDER The Contract Documents are complementary and shall be interpreted as a whole. Where any discrepancies occur in the Contract Documents, the priority order shall be in the order listed below: 1. Construction Contract, 2. Executed Bonds, 3. Proposal, 4. Addenda in reverse chronological order, 5. Notice to Proposers, 6. Invitation for Proposals, 7. Special Conditions, 8. Technical Specifications 9. City of Southlake General Notes 10. City of Southlake Standard Details 11. Item 4 General Provisions - Division 100 of the 51h Edition Standard Specifications for Public Works Construction as amended and published by the North Central Texas Council of Governments, 12. TxDOT Fort Worth District General Notes, 13. TxDOT Standards and Specifications 2024, 14. Remaining Divisions of the 51h Edition Standard Specifications for Public Works Construction as amended and published by the North Central Texas Council of Governments. 15. Construction Plans City of Southlake 2-3 Item 2 — Notice to Proposers Carroll Avenue Mobility Improvements REFERENCE TO TxDOT STANDARDS AND SPECIFICATIONS: The applicable portions of TxDOT standards and specifications, latest editions, shall be incorporated into this contract by specific reference in the contract plans and specifications, as determined by the OWNER in its sole discretion. In the event of conflict with other documents, TxDOT standards and specifications shall govern for construction materials and methods where noted. In the event of conflict with other documents, Contract documents listed above shall govern for contract procedures and measurement and payment. The specifications in Items 100 through 789 of the TxDOT standards and specifications shall be interpreted to exclude the TxDOT general contract terms and conditions relating to bidding instructions or procedures; payment terms; liquidated damages; dispute or claims procedure; abbreviations, definitions, and bonding requirements in conflict with the limited scope and intent of this Contract; scope and prosecution of the work, including any claims for delays or change order requests; and any other TxDOT term or condition that may create a conflict or ambiguity with this Contract, as determined by the City in the City's sole discretion. 12. SECURITY FOR FAITHFUL PERFORMANCE Simultaneously with his delivery of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the General Conditions included herein, and in compliance with Texas Gov't Code Ch. 2253, as amended. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the Owner. 13. POWER OF ATTORNEY Attorneys -in -fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 14. NOTICE OF SPECIAL CONDITIONS Attention is particularly called to those parts of the contract documents and specifications which deal with the following: (a) Inspection and testing of materials (b) Insurance requirements (c) Wage rates (d) Stated allowances (e) Retainage (f) Working hours (g) Selection of Contractor (Proposer Selected by Evaluation Criteria) 15. LAWS AND REGULATIONS The proposer's attention is directed to the fact that all applicable State laws, municipal ordinances, and rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. 16. METHOD OF AWARD — COMPETITIVE SEALED PROPOSAL A Contractor shall be selected based on offering the Best Value to the City; refer to Special Condition 5-1 in Item 5 of the Contract Documents for additional information. The City reserves the right to reject any and/or all proposals and waive any and/or all City of Southlake 2-4 Item 2 — Notice to Proposers Carroll Avenue Mobility Improvements formalities. In case of ambiguity or lack of clearness in stating proposal prices, the City reserves the right to adopt the most advantageous construction thereof, or to reject any or all proposals and waive any or all formalities. If all proposals exceed the amount of funds estimated by the Owner as available to finance the contract, all proposals may be rejected. No combined or conditional proposals will be accepted. A bid or proposal that has been opened may not be changed for the purpose of correcting an error in the bid or proposal price. 17. OBLIGATION OF PROPOSERS At the time of the opening of proposals each proposer will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any proposer to examine any form, instrument or document shall in no way relieve the proposer from any obligation in respect to his proposal. 18. WORK ORDER CHANGES It is understood that the quantities of work to be done at unit prices is approximate only and are intended principally to serve as a guide in evaluating proposals. Any valid change order will be approved by the Owner in writing prior to work being started on said change. It is further agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth except as provided for in the specifications. The Owner reserves the right to increase or decrease the amount of work to be done by any amount not to be exceeded by twenty-five percent (25%) of the original contract amount, in accordance with Texas Local Gov't Code Ch. 252. In the event the increase pertains to items not originally included in the proposal, the Contractor shall submit a change order proposal in writing to the Engineer for approval. It is further agreed that lump sum prices may be increased to cover additional work ordered by the Engineer, but not shown on the plans or required by the specifications, in accordance with the provisions of the general conditions; similarly, they may be decreased to cover deletion of work so ordered. The Owner reserves the right to reject the Contractor's change order proposal on such extra work and secure such work to be done other than by said Contractor. 19. MAINTENANCE BOND Maintenance Bonds to cover defective workmanship of materials are required for all projects in the amounts and time periods as discussed in the Special Conditions. City of Southlake 2-5 Item 2 — Notice to Proposers Carroll Avenue Mobility Improvements [THIS PAGE INTENTIONALLY LEFT BLANK] ITEM 3 PROPOSAL STATEMENT OF QUALIFICATIONS STATEMENT OF SIMILAR PROJECT EXPERIENCE STATEMENT OF PAST CITY OF SOUTHLAKE PROJECTS ITEM 3a - PROPOSAL TO: City Secretary City of Southlake 1400 Main Street, Suite 270 Southlake, TX 76092 BID PROPOSAL FOR: CARROLL AVENUE MOBILITY IMPROVEMENTS The undersigned Offeror, pursuant to the foregoing Invitation to Offerors, having carefully examined the Invitation to Offerors, this Proposal, the General Provisions, the Special Conditions, the Construction Contract, the Performance Bond, the Payment Bond, the Maintenance Bond, the Material Specifications, the Construction Specifications, the Plans, the project site and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material which is necessary to fully complete the work as provided in the Plans and Contract Documents. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding on and awarding the contract. The unit price amounts in words shall supersede the unit price amounts in figures. Upon acceptance of this proposal, the bidder is bound to execute a contract and bonds, according to the prescribed forms, and to furnish and install the following units of work at the prices quoted as found in the following pages. The following documents are attached to and make a part of this Bid Proposal. a. This Bid Proposal (Criteria 1) b. Bid Security in the form of a Cashier's or Certified Check or a Bid Bond c. Statement of Qualifications (Criteria 11) d. Statement of Similar Project Experience (Criteria 111) e. Statement of past City of Southlake Projects (Criteria IV) City of Southlake Specification Guidelines February 19, 2025 Page 2 of 4 Item 3a — Bid Proposal Carroll Avenue Mobility Improvements Instructions: Unit and Lump Sum prices must beshown inboth words and figures for each bid item listed inthis Proposal. In the event of a discrepancy, the words shall govern, Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid 1 1 L8 PREPARING ROW 6D Per Lump Sum Cents 2 1 LS MOBILIZATION A 44,otscd Dollars and Per Lump Sum 3 2 EA PROJECT SIGN A� Dollars and Cents Per Each 4 1 LG PORTABLE CHANGEABLE MESSAGE SIGN —Dollars and Cents Per Lump Sum 5 415 CY EXCAV(ROADYVAY) -Dollars and Cents Per Cubic Yard City mSouthlake Specification Guidelines March xo.ems Addendum Item 3a-Bid Proposal Carroll Avenue Mobility Improvements Instructions: Unit and Lump Sum prices must boshown inboth words andfigureoforeochbNdem|isbadinmis Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A . Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid 6 125 SY BLOCK SODDING Dollars and Cents Per Square Yard 7 125 SY FURNISH AND PLACE TOPSOIL (4") Dollars and Cents Per Square Yard FLBG(CIVIP|NPLC)(TYASR1-2)(67FLEXIBLE 8 779 SY BASE) Per Square �ard FLBG(CIVIP|NPLC)(TYASR1'2)(8"FLEXIBLE 0 206 SY BASE) -Dollars and 62 Cents 10 127 SY 2^D-GRHIVIATY'DPG04'22 Dollars and Cents �� ~� ~- � r PorSquave�ard ~�� City of Somhlake mern 3a-Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements February m.20ma Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description 11 127 SY 4" D-GR HIVIA TY-13 PG64-22 tly -- -Dollars and r J-64 0 Cents Per Square Yard 12 266 SY 5" D-GR HIVIA TY-B PG64-22 —Dollars and Cents Per Square Yard 13 636 SY CONC PVMT (CONT REINF - CRCP)(8") OeV.. "petl-q-- 6Ve., Dollars and Cents Per Square Yard 14 201 SY LANDSCAPE PAVERS Dollars and n4o Cents Per Square Yard COLORED TEXTURED CONC (8")(INTEGRAL 15 41 SY COLORED) 01te-, kl-Y- A Dollars and 71 Cents Per Square Yard Unit Cost Total Amount Bid $ $ t , �� 7 130 9 $ 0,0 $ 6,3340- 0 '4> $ s to,,12- — City of Southlake Specification Guidelines February 19, 2025 Item 3a - Bid Proposal Carroll Avenue Mobility Improvements Instructions: Unit and Lump Sum prices must boshown inboth words and figures for each bid item listed inthis Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid 16 798 LF CONC CURB (MONO)(6") —Dollars and Cents Per Linear Foot ~ ap $ s 19-1 17 412 LF CONCRETE CURB AND GUTTER (TY||) -Dollars and Cents Per Linear Foot 18 2 EA CURB RAMPS (TY7) —Dollars and Cents Per Each 19 27 SY CONCSIDEWALK (4'') Dollars and ho Cents Per Square Yard 20 5 EA TREE REMOVAL he Cents Per Each City mowmialke Item 3a'Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements February 1o.uoes Instructions: Unit and Lump Sum prices must beshown inboth words and figures for each bid item listed inthis Proposal. |nthe event ofadiscrepancy, the words aheUgovem. Please type orwrite legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid 21 1 EA GRATE|NLET 7 Axe, Dollars and ho Cents Per Each 22 1 EA RELOCATE EXISTINGWATER METER -Dollars and Cents ADJUST EXISTING WATER VALVE TOPROP 23 2 EA GRADE Dollars and 1110 Cents Per Each ADJUST EXISTING STORM MANHOLE TOPROP 24 1 EA GRADE Dollars and 010 Cents Per Each HARDWOOD MULCH (3^DEPTH)(MATCH 25 43 SY EXISTING COLOR) Dollars and Cents Per Square Yard City aaoutmake Item 3a-Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements February m.xuua Instructions: Unit and Lump Sum prices must beshown inboth words andDguroofoneoohbNKem|isbadinthis Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A . Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid EROSION, SEDIMENTATION, AND WATER POLLUTION PREVENTION ANDDCONTROL 20 1 LS (SVVPPP) 7- "*o -Dollars and Cents Per Lump Sum 27 1 L8 BARRICADES, SIGNS, AND TRAFFIC HANDLING � -Dollars and Cents Per Lump Sum 00 28 1 LS PAVEMENT MARKINGS ~ —Dollars and Cents Per Lump Sum 29 7 EA |NGMRDGN8UP&AMTY10BVVG(1)8A(P) Per Each 30 1 EA |N8MRD8N3UP&AMTYG801X5A(T -Dollars and Cents C.-N City mmoutmke Item 3a Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements po»mury 19.2025 Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description 31 2 EA RELOCATE SM RD SN SUP&AM TY 1013WG Ahj- P/7 Dollars and Cents Per Each 32 2 EA RELOCATE SM RD SN SUP&AM (SIGN ONLY) /1 "VA e'4 Dollars and Cents Per Each 33 1 LS LANDSCAPE RESTORATION . 'Sevm / o kw-- .0�'fj At' d —Dollars and Cents Per Lump Sum 34 1 LS IRRIGATION RESTORATION jtePa� -Dollars and r) o Cents Per Lump Sum 35 22 LF DRILL SHAFT (TRF SIG POLE)(48 IN) - Oli,e -Axwd e-A., ktd Dollars and Cents Per LWearFoot s Unit Cost Total Amount Bid -75" $ / ev, 5,( '> $ -7 City of Southlake Specification Guidelines February 19, 2025 Item 3a - Bid Proposal Carroll Avenue Mobility Improvements Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid 36 15 LF CONDT (PVC)(SCH 40)(3") -Dollars and Cents 37 30 LF CONDT (PVC)(SCH 40)(2") Dollars and Cents Per Linear' Foot 38 30 LF CONDT (PVC)(SCH 40)(4") Dollars and Cents Per Linear Fod 39 75 LF ELEC CONDR (NO. 6)BARE Ao(.&_'/` Dollars and EeltewllCents Per Linear Foot 40 460 LF ELEC CONDR (NO. 6) INSULATED Dollars and stvf^h - fl-,rft, Cents Per Linear Foot S 0 $ $ (173 - $ 2V 19 City of Southlake Specification Guidelines February 19, 2025 Item 3a - Bid Proposal Carroll Avenue Mobility Improvements Instructions: Unit and Lump Sum prices must beshown inboth words and figures for each bid item listed inthis Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A~Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid Dollars and &eCents qo Per Linear Foot $ 42 2 EA GRD Cents Per Each $ 6L4! 45 1 EA INSTALL HWY TRF SIG(SH 11 ) Dollars and Cents 44 1 EA INSTALL HVVYTRFSIG kt� Dollars and 45 1 EA REMOVING TRAFFIC SIGNALS (FRE TAT| N) -Dollars and Cents City ofnoutmake Item 3a-Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements February a.2ms Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description 40 3 EA VEHSIG SEC (12^)LZD(GRN) Per Each jt6=e4 1�i Dollars and Per Each -1,jA-Wi4�e Dollars and ;E� Cents Per Each 49 3 EA VEH SIG SEC (1 ) Per Each f Unit Cost Total Amount Bid Total Amount Bid: Total Amount Bid: Total Amount Bid: City ofm*mlaku Specification Guidelines February 1e.202e Item 3a'Bid Proposal Carroll Avenue Mobility Improvements Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. T�/s&r A ~CarroU8 Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid 51 3 EA VEnu|G kk�w�_/ -V_0 —Dollars and CentsAi Per Each S� 52 1 EA PED SIG SEC UN ) CentsPer Each 53 11 EA ONLY) —Dollars and Cents Per Each 54 15 EA / ( C)�VENT)(ALUM) �s Cents Per Each 55 2 EA BACKPL&TE VV8R (4GEC)(VENT)(ALUK4) —Dollars and Cents Per Each 00 City ofaoutmak° Item 3a'Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements February 1o.smun Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit uaovnpUun Unit Cost Total Amount Bid 56 1 EA BACKP VV/UFBRDR(5SEC)(VENT)(ALUM) Fle'sk4t&i Dollars and onto Per Each 57 285 LF TRFSIG CBL(TYA)(14AVVG)(7CONDR) -Dollars and Cents Per Linear Foot 58 755 LF TRFSIG CBL(TYA)(14AVV8)(1GCONDR) ~~''`~ Per Linear Foot $ INS TRFSIG PLAM(G)1ARM(G0')LUM&|LSN 59 1 EA (CITY STANDARD) -04C. Dollars and Cents Total Amount Bid: 60 2 EA REMOVAL OF GROUND BOXES $1,245.20 �4t_P —Dollars and Cents Per Each City ofooutxuke Item 3a Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements pvumury 19.2025 Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A �- Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid 01 2 EA REMOVAL OF CABLES s evm and -Dollars 82 8 EA REMOVAL OF P| SH BUTTONS Cents Per Each 63 1 EA REM2VAL QF TRAFFIC SIGNAL POLE FIND _h"due, Dollars and mnto Per Each ka 64 1 EA REMOVAL OF SIGNAL POLE ASSM —Dollars and T-k Cents Per Each s 65 11 EA N CentsCA'-eel '-V,y ~ City mmoutxlake Itemou-ampmposal Specification Guidelines Carroll Avenue Mobility Improvements February 19.202e Instructions: Unit and Lump Sum prices must beshown inboth words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description REMOVAL OFPEDESTRIAN SIGNAL (MODULE 66 11 EA ONLY) Dollars and Cents Per Each r 67 12 EA WHEEL STOPS 'Ti��o ill�'44�1 Dollars and Cents Per Each 68 1,900 LF CONDUIT (PREPARE) -Dollars and Cents Per Linear Foot 60 12 EA GROUND BOX(PRE Dollars and Cents Per Each" et'okj,1 -Dollars and Cents Per Each Unit Cost Total Amount Bid City aaoummke Specification Guidelines February e.xoua Item 3a-Bid Proposal Carroll Avenue Mobility Improvements Instructions: Unit and Lump Sum prices must beshown inboth words and figures for each bid item listed inthis Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A ~ Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid 71 4 EA |LON . ( S) tED) ix Ttw 72 2 EA | SN(L )( ) rjreo( Dollars and Per Each Cents 75 2 EA LED RDVVYLU | ( KVVEQ) —Dollars and Per Each $ DETECTABLE WARNING SURFACE FOR SH114 74 1 EA BRIDGE �� Per Each n� 75 300 LF PRE-EMPTION CABLE —Dollars and Cents IV/ Per Linear Foot s s 41 City asmmlake Item 3a Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements February 19.2025 Instructions: Unit and Lump Sum prices must beshown inboth words andDQureaknaaohbiditam|isbadhnthis Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid 76 4 EA PRE-EMPTION ASSEMBLY F7'1'vL-V iny-li-e-, -Dollars and Alv-,kAf Cents Per Each $ 77 2 EA VEH SIG SEC (ONLY) —Dollars and Cents VEHSIG SEC (12^)LED(GRNARVV)(|NSTALL Unit Cost: Total Amount Bid: 78 4 EA ONLY) 'W-e'%4V Dollars and Cents Per Each $ 79 2 EA VEH SIG SEC (1ONLY) -Dollars and Cents VEHSIG SEC (12^)LED(YELARVV)(|NSTALL Total Amount Bid: 80 1 EA ONLY) Dollars and Cents City mamthlake Item 3a Bid Proposal Specification Guidelines Carroll Avenue mom/u'/mpm,mnomv February 19.2025 Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern, Please type or write legibly. Task A - Carroll Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid 81 2 EA VEH SIG(1 ") ( EDONLY) P, Cents VEHSIG SEC (12^)LED(REDARVV)(IN8TALL 82 1 EA ONLY) -Dollars and 83 4 EA INSTALL OF(RADD)VEHICLE DETECTORS r Dollars and 84 S EA INSTALL OF(RPD)VEHICLE DETECTORS Per Each 85 1 EA INSTALL OF SIGNAL RELATED SIGNS -Dollars and Cents City uSouthlake Item 3a-Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements February 1o.mcs Instructions: Unit and Lump Sum prices must be shown in both words and figures for each bid item listed in this Proposal. In the event of a discrepancy, the words shall govern. Please type or write legibly. Task A -CarroKl Avenue Mobility Improvements Estimated Item No. Quantity Unit Description Unit Cost Total Amount Bid BBU SYSTEM (EXTERNAL BATT 88 1 EA CA Per Each 87 3 EA RVD6(PRESENCE DETECTION ONLY) ejW Dollars and 88 1 EA PTZ C SYSTEM -Dollars and City mnoutmak° Item 3a Bid Proposal Specification Guidelines Carroll Avenue Mobility Improvements February m.ums Task A Total: $847,886.97 Total: $847,886.97 | DESCRIPTION | | TOTAL | Task Total: Total: The undersigned hereby declares he has visited the site of the work, and has carefully examined the contract documents relating tothe work covered by the above bid. The undersigned further declares that he will work to carry out the above -mentioned work covered by this proposal in strict accordance with the Contract Uooumenby, and the requirements pertaining hereto, for the sums set forth. The undersigned agrees to commence work within ten (110) days after written Notice to Proceed, or as otherwise outlined in the Notice to Proceed. Contractors proposes to fully complete work on which he has bid within 190 working days from the written Notice to Proceed. Enclosed with the proposal is satisfactory Bid Security in the form of a Cashier's or Certified Check for: /Dollars ($_____ m the amount nffive (5%) percent of the Base Bid. It in understood that the Bid Security shall be collected and retained by the OWNER as liquidated damages in the event a contract award is made by the OWNER based on this proposal within ninety (90) calendar days after receiving bids and the undersigned fails to execute the contract and required bonds within fifteen (15) calendar days from the date he/she is notified and has received the conformed documents. After this period, if the contract has been executed and the required bonds have been submitted, the said Bid Security shall be returned to the undersigned upon demand. A Contractor shall be selected based on offering the Best Value to the City; refer to Special Conditions in Item 5 of the Contract Documents for additional information. Respectfully submitted, (Wame and Title), (Print Name and Title) Receipt wacknowledged of the following addenda Attested by: (Print Name and Title) Company Name and Address: 110 (SEAL) IfBidder is8Corporation xddendumNo.1 Addendum No. u_�Addendum No. a wum: Donot detach this Proposal from the Contract Documents. Make all entries on these pages mink and submit complete with any required bond. City ofSouth|ake Specification Guidelines February 19,2O26 Carroll Avenue Mobility Improvements ITEM 3b - STATEMENT OF QUALIFICATIONS ARTICLE 1: REQUIREMENTS FOR THE STATEMENT OF QUALIFICATIONS 1.01 The Statement of Qualifications must be submitted and include, as a minimum, the information as described herein. Failure to submit the required information in the Statement of Qualifications may result in the Owner considering the Proposal non -responsive and result in rejection of the Proposal by the Owner. Proposers may be required to provide supplemental information if requested by the Owner to clarify, enhance or supplement the information provided in the Statement of Qualifications. 1.02 Proposers must provide the information requested in the Statement of Qualifications using the forms attached to this Section. A copy of these forms can be provided in Microsoft Word to assist with the preparation of the Statement of Qualifications. Information in these forms must be provided completely and in detail. The information in these forms will be used to make direct comparisons with the information provided by other Proposers. Failure to include the information completely and clearly may result in lower scores in the evaluations. Information that cannot be totally incorporated in the form may be included in an appendix to the form. This appendix must be clearly referenced by appendix number in the form, and the appended material must include the appendix number on every sheet of the appendix. The appendix must include only the information that responds to the question or item number to which the appended information applies. ARTICLE 2: STATEMENT OF QUALIFICATIONS SUBMITTAL REQUIREMENTS, EVALUATION CRITERIA AND WEIGHTING STATEMENT OF QUALIFICATIONS SUBMITTAL REQUIREMENTS AREAS FOLLOWS: A. Proposer General Information: 1. The proposer shall complete and submit Table 1 and any needed appendix to the form (See section 1.02 above). B. Project Organization and Experience and Qualifications of Proposed Key Personnel: Provide an organizational chart for this Project showing the structure of Proposer's Project team with lines identifying the significant positions which shall include as a minimum the Key Personnel positions and other positions that are responsible for major elements of the Project execution. Significant positions indicated on the organizational chart can have named individuals other than Key Personnel. For those additional individuals, a summary paragraph can be included on these individual's qualifications and experience to describe their Project role and responsibilities. Except for the Key Personnel, it is acceptable for chart to have a position without a named individual. The chart shall indicate the anticipated percentage of each person's time that will be committed to the Project. At a minimum the anticipated percentage of each Key Personnel's time will be provided. Critical support elements of project management and administration, quality control, safety, subcontractor management, etc. shall be identified. Charts and accompanying summary paragraph on other individuals named on the charts will be not subject to the page limit. 2. The Proposer shall complete and submit Table 2. Provide the names of the Key Personnel that will be actively working on this Project in Table 2. Key Personnel include the Project Manager, Project Superintendent, Safety Manager and Quality Control Manager. If one or more of these Key Personnel roles are to be filled by one individual, this information is to be provided with the plist of proposed individuals. The Proposer must provide the services of the proposed Key Personnel for the life of the Project as a condition of qualification. Failure to provide the proposed Key Personnel may result in the disqualification of the Proposer and may void the award of the Contract. Key Personnel may only be changed with the prior written consent of the Owner. The Owner reserves the right to request a resume and conduct an interview with the substitute candidate to demonstrate that he/she is as qualified and experienced as or better City of Southlake Page 1 of 12 Item 3b — Statement of Qualifications Specification Guidelines Carroll Avenue Mobility Improvements February 19, 2025 than the Key Personnel individual. The Owner also reserves the right tOreject the substitute 3. Provide the resumes (not tOexceed one page for each) of proposed Key Personnel with the Statement of Qualifications. The resume shall include: a. Education and formal training credentials b. Technical and managerial experience o. Pertinent work history which describes project experience along with role and responsibilities 0Othose projects d. Information on prior projects that demonstrates experience with eiOli|Gr projects as this Project 4. Proposers are t0include 8list Ofthe current project 8Ss' ODlODksfOr98Ch0fthaKevPgroOnDe| proposed, the anticipated completion date for these assignments and the percentage of the time they will have available iodevote tothe City ofSouth|8k8Project. The Project SUp8riDtendeDt OOUSt be dedicated to the City OfSouth|ahe Project full time for the duration of the Project. 5. The Proposer will provide information onpast projects where Key Personnel worked together. C. Project Resources; Subcontractors and Suppliers; and Safety 1. The Proposer shall complete and submit Table 3. 2. The Proposer shall complete and submit the Safety Record Questionnaire. Table 1—Proposer General Information City ofSouth|ake Page 3of1Z Item 3b—Statement ofQualifications Specification Guidelines Carroll Avenue Mobility Improvements February 19,2025 Average number ofcurrent full- Average estimate nfrevenue for time employees the current year City ofSomth|ake Page 3of12 Item 3b—Statement ofQualifications Specification Guidelines Carroll Avenue Mobility Improvements February 19,2U25 Table 2— Proposed Key Personnel Provide information on the Key Personnel proposed for this Project that will fill the positions listed below. Provide information for individuals for each of these positions on the pages for each of these Key Personnel. Position _Key Personnel Proposed Project Manager IV' Proposed Project Superintendent Proposed Project Safety Manager Proposed Project Quality Control Manager If Key Personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this Project, indicate how time it to be divided between this Project and their other U ame z continuea i- Name of individual m^ e.3 62W Ix Percent of time proposed for this project /00 Years of experience as project manager /--S' Years of experience with this proposer 7 Number of similar projects as project manager go -e Number of similar projects in other positions I C)'O Current project assignments Name of assignment Percent of time used Estimated project Reference contact information (listing names indicates approval to contacting the named individuals as a reference) Name Name Title/ position Title/ position Organization Organization Email mail Candidate role Candidate role City ofSouth|ake Page 5of12 Item 3b—Statement ofQualifications Specification Guidelines Carroll Avenue Mobility Improvements February 15\2O25 Table 2 continued — Proposed Project Superintendent Proposer doinqbusiness ao III Percent of time proposed for this project Icx) Years of experience as project superintendent Years of experience with this proposer Number of similar projects as superintendent Number of similar projects in other positions /0 Current project assignments Name of assignment Percent of time used Estimated project Reference contact information (listing names indicates approval to contacting the named individuals as a reference) Name Name ccv&�q,eka Title/ position Title/ position Vw V),e f I,/ Project Project &.5-1-4ei Candidate role V Candidate role Table 2 continued — Proposed Safety Manager City ofSouth|oke Page 6of12 Item 3b—Statement ofQualifications Specification Guidelines Carroll Avenue Mobility Improvements February 19,2O25 Candidate role on project Candidate role n project Table 2 continued — Proposed Quality Control Manager Name of individual Percent of time proposed for this project Years of experience as quality control manager Years of experience with this proposer Number of similar projects as quality control manager q�2 74 Number of similar projects in other positions I Cko Current project assignments Name of assignment Percent of time used Estimated project Reference contact information (listing names indicates approval to contacting the named individuals as a reference) Title/ position ykte,�, SJ"r Title/ position Ema Project Project Candidate role on project OC, fkltew, C5 Candidate role on project City ofSnuth|ake Page 7of12 Item 3b—Statement ofQualifications Specification Guidelines Carroll Avenue Mobility Improvements February 19,2O25 City of5outh|ake Page Mof12 Item 3b—Statement ofQualifications Specification Guidelines Carroll Avenue Mobility Improvements February 19,3O2S City ofSouth|mke Page Bof12 Item 3b—Statement ofQualifications Specification Guidelines Carroll Avenue Mobility Improvements February 19,2O25 SAFETY RECORD QUESTIONNAIRE The Owner desires to consider the safety records of potential contractors prior to awarding a proposal on this contract. The Owner uses the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding a proposal on this contract. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The Owner shall consider the safety record of the proposers in determining the responsibility thereof.The Owner may consider any incidence involving worker safety or safety of the pub|io, be it related or caused by eDVin3DOneDt8|' nneohanima|. Ope[8tiOn8|' supervision or any other cause or factor. Specifically, the Owner may consider, among other things: 8. C0nnp|min[a to, or final orders entered by, the C)ooup8tiDD8| Safety and Health F<evi8VV COn101iSoioD (OSHRC), against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (8S defined below) from an Environmental Protection Agency /8S defined below) for violations within the past five (5)years, Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers /USACDE\, the U.S. Fish and Wildlife Service /USFVV@\. the Environmental Protection Agency (EPA), the Texas Commission on Environmental {}ua|ity/TCECJ\. the Texas Natural R8S0UrC8 Conservation Cu0DliSSi0D (TNF7CC) (predecessor to the TCE[}). the Texas Department ofState Health Services ([}SHS), the Texas Parks and Wildlife Department (TPVV0). the Gt[U[tUr8| Peat Control Board (SPCB)' agencies Of local governments responsible for enforcing environmental protection O[worker safety related |BVVS Or re0u|eUOOS, and ainoi|@[ regulatory 8g8DCi8S of other states of the United States. Citations include notices Of violation, DodCeS Of aDforcS000Dt' suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal cornp|aints, indictments, or convictions, administrative ordora, draft orders, final orders, and judicial final C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. Any other safety related matter deemed by the Owner to be material in determining the responsibility of the proposer and his or her ability tO perform the services or goods required by the prOpOSo| dOCUDlentS in a safe environment, both for the workers and other employees of proposer and the public. In order toobtain proper information from proposers so that the Owner may consider the safety records of potential contractors prior to awarding a proposal on this contract, the Owner requires that proposers answer the following four /4\questions and submit them with their proposals: QUESTION ONE Has the proposer, or the Dnm' nOrpOr8don, partnenehip, or institution represented by the proposer, or anyone @CtiD0 for such firm, corporation, partnership Or institution, received Ch@ti0OS for violations VfOSHA within the past three (3)years? YES N(] l� If the pn]pOS8[ has indicated YES for qUOStk]n number one above, the proposer must provide to City Of Southlake, with its proposal submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. City of3outh|oke Page 1Oof12Qualifications QUESTION TWO Has the prop0S8r, orthe firm, corporation, partnership, or institution represented by the proposer, or anyone acting for such fi[0. corporation, partnership or institution, received citations for violations of environmental protection laws Urregulations, Ofany kind O[type, within the past five years? Citations include notice Ofviolation, notice of enforcement, suspension/revocations of state or federal licenses, or r*giatretiUDs, fines aeaaeSed. pending criminal complaints, indictments, or convictions, administrative orders, draft Onjera' final orders, and 'UdiCi8| final judgments. YES N If the proposer has indicated YES for question number two above, the proposer must provide to City of Southlake, with its proposal submission, the following information with respect to each such conviction: Date of offense or 0CCUrnenoe' location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the proposer, O[the firm, CorpOr8d0D' pGrUl8[ohip' Or institution represented by pnopOS8[ or anyone acting for such finn, oorporadiVn, partnership, or institution, ever been oonvictmd, within the past ten /10\ years of criminal offense which resulted iOserious bodily injury or death? YES NO If the proposer has indicated YES for question number three ob0va, the proposer must provide to City of Southlake, with its proposal submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, iOany, and penalty assessed. QUESTION FOUR Provide your company's Experience K40dhicoUOO R@Ue, as SL@t8d bvyour insurer, for the past three years and supporting information: 2024 2023 2022 City ofSouth|ake Page 11of12 Item 3b—Statement ofQualifications Specification Guidelines Carroll Avenue Mobility Improvements February 19,ZOZ5 ACKNOWLEDGEMENT THE STATE (}FTEXAS | certify that | have made no willful misrepresentations in this (JUeStionD8|Fe. nor have | withheld iDfU[Ol@tiOO in my 8t8t8OOSOta and aneVvenS to questions. | Rnl 8VY8na that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected. YSia-icu—re City of South|oke Page 12 of 12 Item 3b—Statement of Qualifications Specification Guidelines Carroll Avenue Mobility Improvements February 19,2O25 ITEM 3c — STATEMENT OF SIMILAR PROJECT EXPERIENCE ARTICLE 1: REQUIREMENTS FOR THE STATEMENT OF SIMILAR PROJECT EXPERIENCE 1.01 The Statement of Similar Project Experience must be submitted and include, as a minimum, the information as described herein. Failure to submit the required information in the Statement of Similar Project Experience may result in the Owner considering the Proposal non -responsive and result in rejection of the Proposal by the Owner. Proposers may be required to provide supplemental information if requested by the Owner to clarify, enhance, or supplement the information provided in the Statement of Similar Project Experience. 1.02 Proposers must provide the information requested in the Statement of Similar Project Experience using the forms attached to this Section. A copy of these forms can be provided in Microsoft Word to assist with the preparation of the Statement of Similar Project Experience. Information in these forms must be provided completely and in detail. The information in these forms will be used to make direct comparisons with the information provided by other Proposers. Failure to include the information completely and clearly may result in lower scores in the evaluations. Information that cannot be totally incorporated in the form may be included in an appendix to the form. This appendix must be clearly referenced by appendix number in the form, and the appended material must include the appendix number on every sheet of the appendix. The appendix must include only the information that responds to the question or item number to which the appended information applies. ARTICLE 2: STATEMENT OF SIMILAR PROJECT EXPERIENCE SUBMITTAL REQUIREMENTS, EVALUATION CRITERIA AND WEIGHTING STATEMENT OF SIMILAR PROJECT EXPERIENCE SUBMITTAL REQUIREMENTS ARE AS FOLLOWS: A minimum of five (5) Similar Projects must be provided for each category listed under the definition of Similar Project. Similar Projects are defined as: Paving Improvements Traffic Signal Improvements III. Pedestrian Facility Improvements Projects included must have been completed within the last five (5) years A single project may be used to represent experience with multiple categories if it involved more than one of the categories. Proposers shall complete and submit Table 1 for each Similar Project, a minimum of five (5) is required. The involvement of the Key Personnel and/or Subcontractors in these projects shall be identified and highlighted with a minimum of project position/title and responsibilities. The Proposer will submit Similar Project descriptive narratives which describes lessons learned from previous project experiences that would benefit this Project in the areas of: minimization of disruption and inconveniences of construction to the public, and delivering projects at or under owner's budgets. This narrative is not to exceed one page in length per Similar Project. City of Southlake Page 1 of 3 Item 3c — Statement of Similar Project Experience Specification Guidelines Carroll Avenue Mobility Improvements February 19, 2025 I U) 0' Av L- CL E cn O - 0 E 0 CU 0' L- 2 C: 0 a) C) ro (U C3 c 0 U) a) > -6 -C 0 0) > a) C: ro _0 a) =3 0 cn 0ro E a) (U o 0 a) (D c 0 0 -F- B 0 0 U) .0 P a) N 0 0 E (D 0 m (D 0 U 0 0 a) a) -0 -�Q _0 0 z E 0 E 0.0 2 M U) C) (J — W ro -�O- ro (D o CL -0 0 U) C Lr- .p C: a E U) T a) =3 L) 0 E N 0 0 a) N N U, C: rx C: 0 0 U) C: r -0 S= -0 -0 E - :5 -5 -0 W 0) C: 3 D Na) 0 (D o M Q) CD m Z cl. n 2 -0 75 w 0 E E a) a a- =3 W ;- 0 0 0 0 =3 a) 0 C C M M M C: .0's a 0 U) 0 ZUUUUd< 0 0 -C -C L) . Kl- 0- -6 . 0 N m c 0 -C 0 0 E 0 a) Ol < CL C: E a)Av 0 7E5 0 0 me > 0- 4� CI. T) 0 L) c U) 0 E E -0 0 < 0) > _0 70 0 0 V) C: v C (D a) 0 _0 E 0 E 0 0 t 0 0 C .0 Q > 0 -0 a) 0 -0 0 -0 .C: 0 1� E a) �6 E � CL 0 m '0 a) E a a) 't cn r- m m r_ U) 0 0 0 In 0 1113 a) rFa, U) �p w c — 2 U) -1-- L) - m U) 0 a) -a rZ C: W :3 (n no 0 C CL 0 0 (D _0 0 C: U a) U) to 0 a) a -0 0 0 0— — M a) (D " co 0 u 2 c a) LO > .> -a - — 0 0 (n , (D r- a) a) 0 -0 40- 76 m - w" 0 E 0 0 cL c — : (D c a Fn -0 > E 0 -CO "0 0-0 3: w c 0 =3 co mU LL 4- Z IL n C) 0 r) C) (n z a) LA U 4-1 c c as G) E > W x 0 " 4� 0' au E 0' > 0 Ln 0 E 4� m 4-1 U Ln N 4- 0 N (U -a Ln 0) .5 -�e N 0 m (7 N = C: 4-1 0 o 4� V) m 0 - u �t-- U U Ln � ITEM 3d - STATEMENT OF PAST CITY OF SOUTHLAKE PROJECTS ARTICLE 1: REQUIREMENTS FOR THE STATEMENT OF PAST CITY OF SOUTHLAKE PROJECTS 1.01 The Statement of Past City of Southlake Projects may be submitted and include, as a minimum, the information as described herein. Proposers do not need prior experience with the City of Southlake to submit a proposal, however past experience/relationship with the City is a component of the Best Value Criteria. 1.02 Proposers must provide the information requested in the Statement of Past City of Southlake Projects using the forms attached to this Section. A copy of these forms can be provided in Microsoft Word to assist with the preparation of the Statement of Past City of Southlake Projects. Information in these forms must be provided completely and in detail. The information in these forms will be used to make direct comparisons with the information provided by other Proposers. Failure to include the information completely and clearly may result in lower scores in the evaluations. Information that cannot be totally incorporated in the form may be included in an appendix to the form. This appendix must be clearly referenced by appendix number in the form, and the appended material must include the appendix number on every sheet of the appendix. The appendix must include only the information that responds to the question or item number to which the appended information applies. ARTICLE 2: STATEMENT OF PAST CITY OF SOUTHLAKE PROJECTS SUBMITTAL REQUIREMENTS, EVALUATION CRITERIA AND WEIGHTING STATEMENT OF PAST CITY OF SOUTHLAKE PROJECTS SUBMITTAL REQUIREMENTS ARE AS FOLLOWS: Provide any relevant past City of Southlake Project experience (up to five total) Projects included must have been completed within the last ten (10) years. Proposers shall complete and submit Table 1 for each Past City of Southlake Project. The involvement of the Key Personnel and/or Subcontractors in these projects shall be identified and highlighted with a minimum of project position/title and responsibilities. The Proposer will submit past City of Southlake project descriptive narratives which describes lessons learned from previous project experiences that would benefit this Project in the areas of: minimization of disruption and inconveniences of construction to citizenry, and delivering projects at or under owner's budgets. This narrative is not to exceed one page in length per Similar Project. City of Southlake Page 1 of 3 Item 3d — Statement of Past City of Southlake Projects Specification Guidelines Carroll Avenue Mobility Improvements February 19, 2025 0 r) c: O co Lij _0 a) > > (3) 0 CA-0 o (1) (3) 0 0 --- " C) 0 -p (D —0 -0 -0 z 0 E 0 o o a) m a) 0 ;z 4 a) a) 0 a) (D-- — a) m 0 Z C: E E a m — 0 0 0 C) 0 .- CL a) to .2 0) U) -0 Q- CL -0 0 C 4-- —C Ec U) am Ln E E c: -0-0 0 0 0 m a) 0 0 --r- Q) t�! a) . L,! c 0 0 mc W *a 0 0 U) a) C: -0 E (D E E -r- .2- -0 -0 :3 c a) o 0 0 o 0 0) — M 0) — z n L) C/) E E U) (n CL 2 a- -0:3 w 0 '0.- 0 — — w (D 0 (Dw Q) L) 0 M m -eo- 76 a_0) -C . 0 — — 2' U) 0 z 0 0 0 i� 0 < 0 < C: c Z .0 0 0 me 0 0 E a3 0 F- < (D CL L) m m U) N 0 U) (n a) ca) a c V) = U) 0 E 2 CL 0 E -0 C). a) a) o >ID > a) — m 0 0 (n CD Co C: -C F a) 0 a "a 7.- a) 0 E E 0 2 o- m (n U) 0 0 0 0 0 U a) 0 4- 0 a) C: 0 L- a) > a) -0 a) 0 -0 c 0 a) W C: 0 E 0 a) CL m = -0 a) w U) a) 0 0 0 a) m 4' M 0 E w U) 0 (D co c m a) m 7 c C) a) -C c 0) = w a) 0 C) " a _rZ c (n U) 0 (n a) _0 _0 0 a) U) 0 L. G. a) -0 0 o 0 0 0 a) do it%.Ln > :6 0 -0 0 a) a) cr. c c 3: 'o U) -ffi 0 a 0 E5 0 U) 0 c --7 0 C: w m P o a CO a) a) -0 > c -01 "0 v 0 E D a) r) 0 E C) " a 0 -a �t= a) Ctf a) E 0 UCH a) I w co — 00 c a) L- -0. m Z ID a- " a- 6 a) 0 :3 z m 4- 0 N aj qA ITEM 4 GENERAL PROVISIONS The General Provisions of this project shall be in accordance with Division 100 5th Edition Standard Specifications for Public Works Construction as amended and issued by the North Central Texas Council of Governments (hereinafter referred to as the "NCTCOG SPECS') and any remaining divisions of the NCTCOG SPECS, which NCTCOG SPECS are incorporated herein and made a part of this agreement the same as if written herein; provided that where any discrepancies occur, the priority order of contract documents shall be the order established in the Notice to Proposers. City of Southlake 4-1 Item 4 — General Provisions Carroll Avenue Mobility Improvements [THIS PAGE INTENTIONALLY LEFT BLANK] No Text STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 DIVISION 100 GENERAL PROVISIONS TABLE OF CONTENTS Item # Subiect Pages 10I.. IDIF...IFIlimi nOINS AIMID II II IRIF...VII ">iIams 101 1 to 101 101.1. IE)eflirniil' iieirnS ......................................................................................................... .101.::2.:: A.Ila.11air �rii ..ii .irn.s. gIrnd a.g. n..li......................................... _..__. __ . 102.. IPIROPOS II.... IPIROCIF...DUIRIF...S 102 1 to 102 3 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ..�2....�..::............................If �Ir Il..af:...�..rfrm. 1..02..2 .::...........................6 uuafrntiitiies...ii.irn...If::�fr�.11a��ll..af:: �lrl 102.3. .::............................11 ac I iiin ii in..�:f..IF:III inS S 2ciificatiiolrns...afrn.d... .iite...of tlrne...Worlk ................................x........... .10.2.:.?..............................FF Ir .p. !E ii.0,irn...of..if,irkP 11 ..... .02lFlriloi��...�g.irr _ .::.::.............................nX 102.6Filir0 f)op .. . ::............................Ii. 11 ..0.2....'...................................... lm iraWiiim.q...F��ir 11 ............................. e n r!Ir p 2........................... il11 102.ConsiderationiiofIFIro la..::........................................................................:................��ll ..2......::......................IIIrIruullir lf::fr.11a falls .........................................................! eje2.:.iiofrn....of..f:)lrop 11 102.12.If�iis. uuallii.ficatiio.irn...of IE;.iid'deirs .1O2....l.3 ...........................If....e.t..u.nr..oflf::)rola .........................103.. AWAIRID AIMID F...XIF.Cu"IiIam coI�V"rRAC"r 103...1 to 103... ,,,,,,,,"l,.,,,,..............................,,s..........,in" llt"ii,,,,d..........,,i,..........................................,................................................................................................................................................................................................. .... .�3....�...............................��irn.�lr��..�.r'� ilValrlra.rnliie� a.rn� �..rn�elrslain. d.irnq ......................................................................................................................................................... 103.2. Award of Ceirntrad ........................................................................................................................................... 0....3.::........................... uuir :.t.Y...If 3ofrn.ds 10 3.4 . Il irn S u lra irn c e ...................................................................................................... 103.5. If::xecuGiieirn of Coirntrad ............................................................................................................................................................ 103.6. INN iice to IF:IIreceed airnd CeinninneirnceinneirnG of Work ..................................................................................................................................................................................................................................................................................... 0.3.......::............................. plla.X...of.Coirn..ira. .t 103.3. Order of Work to The IFleIrforinned STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 Item # Subiect Pages 107.. 11 IEGAII.... IRIFII.... ">C°igimS 107,..1 to 107,..14. .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... IMID c61m"FIRACT IRIESIPOIMSIIII IIII....IFnIES ....................................................................................................................................................................................... .....................................ol �frador_Ilirnde.11a in fn ......................... ......::............................I.N..o.Thiilyd...IFlarty n.�lr uu Il...lf ii Irn 107.3. Il irndern irn ii fiicaU iie irn ............................................................................................................................... 107.4. Owner's Office Einnp ......... .. ..... k. ....... . . ..N�'. ... .::........................... vtl✓i II. u.e a.i.114..�... G..o.W2.r.! IIii Il�...ii::: � ..�.�....::............................Ilse Waiivelr..of..11:::ega.II...IRii�ImlS /. /. .................................................................................................... Sevelralbiillii y 107.3. ...................................................................................x Il llead'iiirngS ..0.7....::...........................�1bllii.qa.0 oirn...i':.o...If..leilorrttn...lf....Uirn.�UibinS 10/.10. .............................+...............................................'.......I..........'.....................,..............+.........,................+................y............................+........................+..... IFlellelnrnnairnce of UJhe Work .II.. O..'7..... ..............................S..u.c..c.tl✓wJwJ.o.Ir.s a.i 114.,�... �"lwJ s'I �I II wJ 107.1..::.....................Su� ..................................................................................................... elrviiSiic�in....ain ...�c�inSlIru� liic�in c�f If::1lrc� e u�IreS 107.13. ..................................................................................................................................................... Il...albor and IMlal'eriialls ........:.::......................if.uu.Il...ifi Ilyif n:�...t141ru ul nY 107.15. ....................................................................................................................................................................................................................................... SUaUe and II...ecall Sales and Use "Taxes 107.16. ............................................................................................ IFlaG eirnG S 107.1 7. CQ1111rnIDllllain0e Willh II...aWS ..i.7.....1.8..::..................... lrn.iii':.airY...lf lr Miis.iio ns. . i.'.7.l9. .......... ..................................................................................................................................................................................... .F�.a..1b.11ii.c Ceirnveirniieirn.ce airn.' Sale l 1_07.. 0......................IFlro. ..................................................................................................................... edibin.of.in orlk_a and of IFlelrSeirnS and IFIrep�fr�y ..i.7.....l...::......................IflrjG...iii n .......:: ............................................. inl�lrlkiil n..irea. 1..07...::......................IRaiill a ..�lrq ...... :.::......................1f acii iiln ... iruu. Guair .x...fF"aciilliifles..a1nd... 1E.14�.gEPlrn, i2 0'� 5 ....................................................................... IF�Irepe 1..07.. 6 .::......................I[2iis osaIL_of..I a�eriia.Ils �..i .7....7.. ........................................................................ .FlesLo.ira.Gii irn of IF.I..relp 1i!Y ........................................................... f irnviiirofrn.irnrn.elrn�ail...Coln�llii.a..ln. STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 Item # Subiect Pages .1........................1..........................." .........................................................f.o.r ...C.2.o.ye..o...ein.ge ....o.f Llb.e ....O.W.r.er 108.12.. ..:.....................CIlaiifnn iifrn.s�...Owinefr_afrnd AG�iieIn "TIh�elreeirn ............................................................................ O.....1..::......................�U .e o. C.2.r�.p.11 � �....If��fr�ii�in�...o:�..W.o..rlk 109.. IMF... SUIRIF...II IF...IM"r AIMID IP XII IFIM"r 109 1 to 109 T, 9.�. IF: I a v 'n, n e i n t felrll...al�elrairnd IMaGelriiall: INe II...iiein, S 110.. AIR QUAII....IIT> Y IMFQUIIIRIF...II IF...IM"r FOR IF... UIIIPII IF...IN"r 110 1 to 110 2 .I....�..2..J..::............................11. !.ii.11al inj..If:p qauiilr i In.I .110... .::...........................GAP. Iralii�Irn. II...If: auiilr i In .11..0...::............................I��22LtiiIrn.g...:�o...O irner 110.4. IE::irn felrceinn eirn G .................................................................................................................... STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 ITEM 101. DEFINITIONS AND ABBREVIATIONS 101.1. DEFINITIONS The following words and expressions, or pronouns used in their place, shall wherever they appear in this Contract be construed as follows, unless a different meaning is clear from the context: Addendum, Bulletin or Letter of Clarification: Any additional contract provisions, or change, revisions or clarification of the contract documents issued in writing by the OWNER, to prospective bidders prior to the receipt of bids. Advertisement: All of the legal publications pertaining to the work contemplated or under contract. Approved, Directed, Required, and Words of Like Import: Whenever they apply to the work or its performance, the words "directed," "required," "permitted," "ordered," "designated," "established," "prescribed" and words of like import used in the contract, specifications or upon the drawings shall imply the direction, requirement, permission, order, designation or prescription of the OWNER; and "approved," "acceptable," "satisfactory" and words of like import shall mean approved by, acceptable to or satisfactory to the OWNER. Backfill: embedment and final backfill Base: a layer of specified material of plan thickness placed immediately below the pavement course surfacing. Bedding: material upon which a pipe rests. Bid: The written statement or statements duly filed with the OWNER specified in the advertisement for bids of these specifications by the person, persona, partnership, company, firm, association, or corporation proposing to do the work contemplated, including the approved form on which the formal bids for the work are to be prepared. Bidder: Any person, persons, partnership, company, firm, association, or corporation acting directly or through a duly authorized representative submitting a bid for the work contemplated. Bulletin: see Addendum. Calendar Days: Any successive days of the week or month, no days being excepted. It shall be taken to mear the same as a normal calendar day. Change Order: A properly authorized written order to the CONTRACTOR, signed by the OWNER directing an addition, deletion or revision in the work within the general scope of the contract documents, or authorizing an adjustment in the contract price or the contract time. Completion Time: The time set forth in the contract for the performance and completion of the work contracted for. The time may be expressed as calendar days, working days or a specific date. Conflict of Interest: A conflict of interest is when any person employed by bidder or bidder's company has any known business relationships, other than previous contracts awarded through a competitive bidding process, or has an existing relationship with any employee of the OWNER. Construction Equipment: All machinery of 25 horsepower or more which is powered by an internal combustion engine, but which is not used solely for competition or as a motor vehicle subject to the requirements of Texas Transportation Code 502.002. This includes, but is not limited to, excavators, graders, generators, and similar equipment. Contract or Contract Documents: Contract documents are all of the written, printed, typed and drawn instruments that comprise and govern the performance of the contract as defined herein. The contract and contract documents include the advertisement, instructions to bidders, proposal, addendum, specifications, including the general, special and technical conditions, provisions, plans or working drawings — and any change orders, or supplemental agreements pertaining to the work or materials thereof; and bonds and any additional documents incorporated by reference in the above. Contract Price: The total monies payable to the CONTRACTOR under the terms and conditions of the contract documents. When used in such context, it may also mean the unit price of an item of work under the contract terms. Contract Time: See "Completion Time" Contract Work: Everything expressly or impliedly required to be furnished and done by the CONTRACTOR by any one or more parts of the contract documents, except "extra work" as hereinafter defined; it being understood that, in case of any inconsistency between any part or parts of this Contract, the OWNER shall determine which shall prevail in accordance with Ilteir�.-105...1..,: Contract Documents hereof. Consulting Engineer: The person, firm, or entity hired as an independent consultant by the OWNER to design the Project and represent the OWNER in the administration of the CONTRACT in whatever capacity the OWNER designates; the OWNER may, at its sole option, designate the Consulting Engineer to be the Engineer for 101-1 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 purposes of administration of the CONTRACT. The Consulting Engineer shall be understood to be the Consulting Engineer of the OWNER, and nothing contained in the CONTRACT Documents shall be construed to make the Consulting Engineer an employee of the OWNER, nor shall they be construed to create any contractual or agency relationship between the Consulting Engineer and the CONTRACTOR. The term includes the officers, employees, associates, agents, and subconsultants of Consulting Engineer, if any. CONTRACTOR: The person, persons, partnership, firm, corporation, association or organization, or any combination thereof, as an independent CONTRACTOR entering into the contract for the execution of the work, acting directly or through a duly authorized representative. Other CONTRACTORS: Any CONTRACTOR, other than the CONTRACTOR or Its SUBCONTRACTORS, who has a direct contract with the OWNER for work on or adjacent to the site of the work. Days: See "Completion Time" Deleterious: Substances, elements, or components are those that are damaging, harmful, undesirable, or adulterating to the integrity or purity of the specified base material. Drawings or Contract Drawings: Only those drawings specifically entitled as such and as specified in the contract, or in any bulletin, or any detailed drawing furnished by the OWNER, pertaining or supplemental thereto. Embedment: bedding and initial backfill. Engineer: The Engineer or its duly authorized representative means the Engineer of the OWNER. Equal: Materials, articles or methods which are of equal or higher quality than those specified or shown on the drawings and as further defined in Il."g.ir�-1-06"..j..,: Substitution of Materials, as determined by the OWNER. Extra Work: Work other than that which is expressly or impliedly required by the Contract documents at the time of the execution of the Contract. Final backfill: material required to fill the trench from the top of the initial backfill to ground elevation or subgrade of a street. Hazardous Substance: (1) any asbestos or any material which contains any hydrated mineral silicate, including chrysolite, amosite, crocidolite, tremolite, anthophylite, or actinolite, whether friable or non -friable; (2) any polychlorinated biphenyls (PCBs), or PCB -containing materials, or fluids; (3) radon; any other hazardous, radioactive, toxic, or noxious substance, material, pollutant, or solid, liquid or gaseous waste; (4) any pollutant or contaminant (including but not limited to petroleum, petroleum hydrocarbons, petroleum products, crude oil or any fractions thereof, any oil or gas exploration or production waste, any natural gas, synthetic gas or any mixture thereof, lead, or other toxic metals) which in its condition, concentration or area of release could have a significant effect on human health, the environment, or natural resources; (5) any substance that, whether by its nature or its use, is subject to regulation or requires environmental investigation, monitoring, or remediation under any federal, state, or local environmental laws, rules, or regulations; (6) any underground storage tanks, as defined in 42 U.S.C. Section 6991(1)(A)(1) (including those defined by Section 9001(1) of the 1984 Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; the Texas Water Code Annotated Section 26.344; and Title 30 of the Texas Administrative Code Sections 334.3 and 334.4), whether empty, filled or partially filled with any substance; (7) and any other hazardous material, hazardous waste, hazardous substance, solid waste, and toxic substance as those or similar terms are defined under any federal, state, or local environmental laws, rules, or regulations. Initial backfill: material that covers the wastewater collection system and water lines. Inspector: Any representative of the OWNER designated to inspect the work. Letter of Clarification: see Addendum. Low -Use Equipment: Any piece of equipment which is used for less than ten hours per week on a single public works contract. Maintenance Bond: A bond executed by a corporate surety in accordance with Section 3503.002, Vernon's Texas Insurance Code, in the amount of the contract guaranteeing the prompt, full and faithful performance of the general guaranty and warranty contained in the Contract Documents. Major Item: A major item is any line item of the work to be performed which amounts to 5 percent or more of the total contract amount. 101-2 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 Material Man or Supplier: Any SUBCONTRACTOR contracting with the CONTRACTOR, or any of its SUBCONTRACTORS, to fabricate or deliver or who actually fabricates or delivers, materials, supplies or equipment to be consumed or incorporated into the work. Notice: Written notice effective the date of the postmark thereon, or if hand delivered, effective the date of hand delivery, or if electronically delivered, effective as described in Il. g.ir�_1_0..8.,,, Service of Notices. OWNER: The public governmental agency identified throughout the contract documents or the entity as specifically identified in the contract. The term OWNER means the OWNER or its authorized representative(s). OWNER's Representative: The Engineer or other duly authorized assistant, agent, inspector or superintendent acting within the scope of the particular duties instructed to him or her by the OWNER. Payment Bond: A bond executed by a corporate surety in accordance with Section 3503.002, Texas Insurance Code and Chapter 2253, Texas Government Code, in the amount of the contract, solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the general CONTRACTOR or a SUBCONTRACTOR to supply public work labor or material. Performance Bond: A bond executed by a corporate surety in accordance with Section 3503.002, Texas Insurance Code and Chapter 2253, Texas Government Code, in the amount of the contract, solely for the protection of the OWNER, conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Plan or Plans: The plans are the drawings or reproductions therefrom made by or approved by the OWNER showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross -sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the OWNER may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the OWNER. The plans are usually bound separately from the other parts of the Contract Documents, but they are part of the Contract Documents just as though they were bound therein. Proposal: The written and signed offer of the bidder, when submitted on approved proposal forms, to perform the contemplated work and furnish the necessary material and labor in accordance with the provisions of the plans and specifications, special and general provisions, and all contract documents. Site: The area upon or in which the CONTRACTOR's operations are carried on, and such other areas adjacent thereto as may be designated as such by the OWNER. Special Provisions or Conditions: The special clauses of the contract, setting forth conditions or requirements peculiar to the specific project involved, supplementing the standard or general specifications and taking precedence over any conditions or requirements of the standard or general specifications with which they are in conflict. Specifications or Contract Specifications: All of the general, special and technical conditions or provisions, and all addendum or supplements thereto. Subbase: a layer of specified material of plan thickness between a base and a subgrade. SUBCONTRACTORS: Any persons, firm or corporation, other than employees of the CONTRACTOR, who or which contracts with the CONTRACTOR to furnish, or who actually furnishes, labor and/or materials and equipment at or about the site. Subgrade: that portion of the roadbed upon which the subbase, base or the pavement is to be placed. It includes the OWNER's required distance beyond the back of the curb for streets, which are to be paved with concrete. Superintendent: A person who has permission to act as an agent of the CONTRACTOR and has authority to issue both verbal and written agreements. Sureties: The corporate bodies which are bound by such bonds as are required with and for the CONTRACTOR. The sureties engaged to be responsible for the entire and satisfactory fulfillment of the Contract, and for any and all requirements as set out in the specifications, Contract or plans. In order for a surety to be acceptable, the surety shall conform to the requirements of Section 3503.002, Texas Insurance Code. Texas Low Emission Diesel (TxLED): Diesel fuel which is compliant with the TxLED program requirements as set forth by the TCEQ. Work: All work including the furnishing of all labor, materials, tools, equipment, required submittals and incidentals to be performed by the CONTRACTOR under the terms of the contract. Working Time: See "Completion Time" Working Day: A working day is defined as a calendar day not including Saturdays, Sundays or those legal holidays as specified in the list prepared by the OWNER for contract purposes, in which weather or other 101-3 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 conditions not under the control of the CONTRACTOR shall permit the performance of the principal units of work underway for a continuous period of not less than seven hours between 7:00 am and 6:00 pm. A principal unit of work shall be that unit which controls the completion time of the contract. 101.2. ABBREVIATIONS AND ACRONYMS References to specifications, standards, and guidelines throughout this text shall refer to the most current adopted versions. Wherever the abbreviations defined herein occur on the plans, in the specifications, contract, bonds, advertisement, proposal, or in any other document or instrument herein contemplated or to which the specifications apply or may apply, the intent and meaning shall be as follows: % Percent Foot or Feet " Inch or Inches # Pound or pounds, or number if it precedes a numeral AASHTO American Association of State Highway and Transportation Officials ABA American Bankers Association ACI American Concrete Institute am, a.m. Before noon ADA Americans with Disabilities Act ANSI American National Standards Institute Asph. Asphalt Assn. Association ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials APWA American Public Works Association AWPA American Wood -Preservers' Association AWS American Welding Society AWWA American Water Works Association Bc Outside diameter of Pipe Bd Trench width BMP Best Management Practice C Centigrade cc Cubic Centimeter CFR Code of Federal Regulations cfs Cubic feet per second Cl Cast Iron CL Center Line cm Centimeter CO Cleanout C.O.C. Cleveland Open Cup Conc. Concrete Cond. Conduit Corr. Corrugated cSt Centistokes (Viscosity) Cu. Cubic Culy. Culvert CY, C.Y. Cubic Yard D Inside Diameter DI Ductile Iron Dia. Diameter Dr. Driveway Elev. Elevation F Fahrenheit 101-4 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 FM Factory Mutual fps Feet per second Ft. Foot or Feet Gal. Gallon g, gm Gram HDPE High Density Polyethylene HP Horsepower Hr. Hour ID Inside Diameter in. Inch or Inches ISSA International Slurry Surfacing Association iSWM Integrated Stormwater Management Kg or kg Kilogram kPa Kilopascals L Liter Lb. Pound or Pounds LDPE Low Density Polyethylene LF. Linear foot or feet Lin. Linear LL Liquid Limit LLDPE Linear Low Density Polyethylene LMDPE Linear Medium Density Polyethylene LOI Loss on Ignition M Meter Max. Maximum MH Manhole Min. Minimum or Minute M.J. Mechanical Joint mm Millimeter Mod. Modified Mono. Monolithic mph Miles per hour MSS Manufacturers Standardization Society of the Valve and Fittings Industry MS4 Municipal Separate Storm Sewer System MPa Megapascal MUTCD (Texas) Manual on Uniform Traffic Control Devices NACE National Association of Corrosion Engineers Nat'l National NEMA National Electrical Manufacturers Association No. Number N.P.T. National Pipe Thread NRMCA National Ready -mixed Concrete NSF National Sanitation Foundation o.d., OD Outside Diameter OSHA Occupational Safety and Health Administration oz. Ounce Pa Pascal PI, P.I. Plasticity Index pm, p.m. Afternoon psi Pounds per Square Inch PVC Polyvinyl Chloride PVCO Molecularly Oriented PVC 101-5 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 R Radius RAP Recycled/Reclaimed Asphalt Pavement RCP Reinforced Concrete Pipe RCRA Resource Conservation and Recovery Act Reinf. Reinforced or reinforcing Rem. Remove Rep. Replace RAN, ROW, Right -of -Way RofW Sani., San. Sanitary Sec. Second S.F. Square Foot or Saybolt Furol (Viscosity) Sq. Square SSPC The Society for Protective Coatings [formerly Steel Structures Painting Council] St. Street or Storm Std. Standard Str. Strength SWPPP Storm Water Pollution Prevention Plan SY Square Yard TAC Texas Administrative Code TAS Texas Accessibility Standards Tex-###-X Refer to TxDOT Manual of Testing Procedures TCEQ Texas Commission on Environmental Quality [formerly Texas Natural Resource Conservation Commission (TNRCC)] TDLR Texas Department of Licensing and Regulations TMUTCD Texas Manual on Uniform Traffic Control Devices TxDOT Texas Department of Transportation TxDOT Item # Refer to TxDOT Standard Specifications for Construction of Highways, Streets and Bridges UL Underwriter's Laboratory um, tam Micrometers US, U.S. United States U.S.C. United States Code USEPA United States Environmental Protection Agency Vert. Vertical Vol. Volume Wt. Weight Yd. Yard 101-6 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 ITEM 102. PROPOSAL PROCEDURES 102.1. PROPOSAL FORM The OWNER shall furnish bidders with proposal forms which shall state the general location and description of the contemplated work and which shall contain an itemized list of the items of work to be done or materials to be furnished, and upon which bid prices are asked. The proposal form shall specify the form and amount of the proposal guaranty. 102.2. QUANTITIES IN PROPOSAL FORM The quantities of the work and materials set forth in the proposal form or on the plans approximately represent the work to be performed and materials to be furnished, and are for the purpose of comparing the bids on a uniform basis. Payment shall be made to the CONTRACTOR only for the actual quantities of work performed or materials furnished as measured in the field or otherwise determined by the OWNER in accordance with the Contract; and it is understood that the quantities may be increased or decreased as hereinafter provided, without in any way invalidating the bid prices. 102.3. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF THE WORK Bidders are advised that the plans, specifications and other documents on file as stated in the advertisement shall constitute all the information, which the OWNER shall furnish. Bidders are required, prior to submitting any proposal, to review the plans and read the specifications, proposal, Contract and bond forms carefully; to obtain and read the most current versions of all referenced State, Federal, and National standards; to visit the site of the work; to examine carefully local conditions; to inform themselves by their independent research, tests and investigations of the difficulties to be encountered and judge for themselves the accessibility of the work and all attending circumstances affecting the cost of doing the work or time required for its completion; and to obtain all information required to make a proposal. No information given by the OWNER or any official thereof, other than that shown on the plans and contained in the specifications, proposals and other Contract documents, shall be binding upon the OWNER. Bidders shall rely exclusively upon their own estimates, investigations, tests and other data, which are necessary for full and complete information upon which the proposal may be based. Any bidder, by submitting a bid, represents and warrants: that it has prepared the bid in accordance with the specifications, with full knowledge and understanding of the terms and provisions thereof; that it has done any inspection or test it deems appropriate; that it has reviewed, studied and examined its bid prior to the signing and submission of same; and that it was cognizant of the terms of its proposal, verified its calculations and found them to be correct and agrees to be bound thereby. 102.4. PREPARATION OF PROPOSAL The bidder shall submit its proposal on the forms furnished or approved by the OWNER. All blank spaces in the form shall be correctly filled in and the bidder shall state the prices, both in words and numerals, for which it proposes to do the work contemplated or furnish the material required. Such prices shall be written in ink distinctly and legibly or submitted electronically if allowed by OWNER. In cases of discrepancy, the OWNER shall select the one most favorable to the OWNER, provided that it does not create a material mistake in the bid or otherwise change the result of bidding. If an individual submits the proposal, that individual or duly authorized agent must sign the proposal. If an association or partnership submits the proposal, the name and address must be given and the proposal signed by a duly authorized member of the association or partnership. If a corporation submits the proposal, the corporate name and business address must be given and the proposal signed by a duly authorized corporate officer or agent. Powers of attorney authorizing agents to sign the proposal must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. When allowed by the bid documents, bids by internet, electronic mail or facsimile are acceptable as long as all legal and bid requirements are met. The CONTRACTOR accepts all risks associated with bidding in this manner. It is understood and agreed that the proposal may not be withdrawn once the bid -opening process has begun. 102.4.1. Safety Record. If the safety record is part of the bid requirements in accordance with Section 252.0435, Local Government Code, each CONTRACTOR bidding on projects must submit a notarized 102-1 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 affidavit with its bid attesting to its safety record. This information may be considered in determining the responsibility of the bidder for purposes of award. 102.5. PROPOSAL GUARANTY No proposal shall be considered unless it is accompanied by a cashier's check on any state or national bank or acceptable bidder's surety bond, as specified in fteinn 1.0 . Award and Execution of Contract, payable unconditionally to the OWNER. The cashier's check or bidder's surety bond shall be in the amount of not less than five percent of the total amount of the bid. The proposal guaranty is required by the OWNER as evidence of good faith and as a guarantee that if awarded the Contract, the bidder shall execute the Contract and furnish the required bonds and evidence of insurance within 10 days after receipt of the awarded Contract or pay the damages as set forth below. The bidder's surety bond shall be conditioned that, if the proposal is withdrawn after the bids have been opened or the CONTRACTOR refuses to execute the Contract in accordance with its proposal and provide the required surety bonds, the CONTRACTOR and the surety shall become liable to the OWNER for the amount of the bidder's surety bond. In the event a cashier's check is submitted along with the proposal of the bidder, and the CONTRACTOR does not execute the Contract and provide the required surety bonds and evidence of insurance within 10 days after receipt of the awarded Contract, or withdraws its bid after bids have been opened, the OWNER shall be entitled to the proceeds of such check. 102.6. FILING OF PROPOSALS No proposal shall be considered unless it is filed at the place and within the time limit for receiving proposals as stated in the advertisement and/or Notice to Bidders or any addendum. Each proposal shall be in a sealed envelope, plainly marked with the word "Proposal" and the name or description of the project as designated in the advertisement. 102.7. WITHDRAWING PROPOSALS Proposals filed with the OWNER can be withdrawn or modified and redeposited prior to the time set for opening proposals. Request for non -consideration of proposals must be made in writing addressed to the OWNER prior to the time set for opening proposals. After other proposals are opened and publicly read, the proposal for which non -consideration is properly requested will be returned unopened. The proposal may not be withdrawn after the bid opening has commenced. The bidder, in submitting the same, warrants and represents that its bid has been carefully reviewed and checked and that it is in all things true and accurate and free of mistakes and that such bid shall not and cannot be withdrawn after opening because of any mistake committed by the bidder; provided, however, that any bidder may withdraw its bid 90 days after the actual date of opening thereof, should no award have been made to such bidder. 102.8. OPENING PROPOSALS The proposals filed with the OWNER shall be opened at the time stated in the advertisement and/or in the Notice to Bidders or any subsequently issued addendum, and publicly read aloud, and shall thereafter remain on file with the OWNER. No Contract shall be awarded based on such proposals until after at least two days have elapsed. 102.9. CONSIDERATION OF PROPOSAL After proposals are opened, the proposals shall be tabulated for comparison on the basis of the bid prices and quantities shown in the proposal. Until final award of the Contract, the OWNER reserves the right to reject any or all proposals, to waive technicalities or irregularities at its option, to re -advertise for new proposals or proceed to do the work otherwise in the best interests of the OWNER. Each bidder shall be furnished a copy of the bid tabulation upon request. 102.10. IRREGULAR PROPOSALS Proposals shall be considered irregular if they show any omissions, alterations of form, additions, unbalanced values or conditions not called for, unauthorized alternate bids or other irregularities of any kind. The OWNER may reject any proposal containing any such irregularity. The OWNER, however, reserves the right to waive any irregularities and to make the award in the best interest of the OWNER. 102-2 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 The BIDDER or CONTRACTOR shall not take advantage of any error in the bidding or contract documents. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown in or mentioned in both. In the case of any apparent difference between the drawings and specifications, or any other apparent error which the BIDDER or the CONTRACTOR may discover, the BIDDER or CONTRACTOR shall refer the matter to the OWNER, to which the decision of the OWNER shall govern. The OWNER shall have the right to correct any error discovered. 102.11. REJECTION OF PROPOSALS The OWNER reserves the right to reject any or all proposals; and all proposals submitted are subject to this reservation. Proposals may be rejected for any of the following reasons, but not necessarily limited thereto: (1) proposal received after the time limit for receiving proposals as stated in the advertisement or any subsequently issued addendum; (2) proposal unaccompanied by the required bid security; (3) proposal constituting a nonresponsive bid; (4) proposal containing unsolicited conditions or qualifications; (5) failure to use the OWNER'S form of bid bond in submitting proposal, if included in the bid documents; or (6) a proposal submitted with a bid bond issued by a surplus line company or by a surety not licensed to transact insurance business in the State of Texas. (7) In the judgment of the OWNER, the proposal is incomplete. (8) All rejections shall be final. (9) The OWNER has the right to reject any and all bids and to accept or reject any and all schedules. 102.12. DISQUALIFICATION OF BIDDERS Bidders may be disqualified and their proposal not considered for any of the following reasons, but not necessarily limited thereto: (1) reasonable belief that collusion exists among the bidders; (2) reasonable belief that any bidder is interested in more than one proposal for the work contemplated; (3) the bidder having a history of filing frequent, excessive, meritless, or fraudulent claims against the OWNER, or against other CONTRACTORS on a project of the OWNER, or against other OWNERS or CONTRACTORS; (4) the bidder or its surety having defaulted on a previous contract, or the bidder performing poorly on a previous or current contract; (5) lack of competency, skill, judgment, financial capability, resources, integrity, reputation, reliability or responsibility to perform the work as revealed by the bid proposal, bid questionnaires, financial statement, performance history or other relevant information obtained by the OWNER. (6) uncompleted work which in the judgment of the OWNER shall prevent or hinder the prompt completion of additional work if awarded; (7) failure of bidder to use OWNER'S form of bid bond in submitting its bid, or submission of a cashier's check drawn on a state or national bank not located in the OWNER'S jurisdictional area; (8) unbalanced value of any bid items; (9) the bidder is currently a party to any litigation against the OWNER. (10) bidder's unexcused failure to properly and/or timely complete a project with the OWNER. (11) the OWNER's decision that the bidder is disqualified shall be final. 102.13. RETURN OF PROPOSAL GUARANTY Upon request, the OWNER shall return the proposal guaranties accompanying all proposals (except for the three apparent low proposals, or per policy of the OWNER. The three apparent low proposal guaranties shall be retained by the OWNER until the required Contract and surety bonds have been executed, after which they shall be returned. 102-3 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 ITEM 103. AWARD AND EXECUTION OF CONTRACT 103.1. CONTRACTOR'S WARRANTIES AND UNDERSTANDING In consideration of, and to induce the award of this Contract to it, the CONTRACTOR represents and warrants: (1) that it is financially solvent, and sufficiently experienced and competent to perform the work; (2) that the facts stated in the proposal and the information given by it pursuant to the bidding documents are true and correct in all respects; (3) that it has read, understood and complied with all the requirements set forth in the bidding documents; (4) that it is familiar with and understands all laws and regulations applicable to the work; and (5) unless otherwise specifically provided for in the Contract documents, the CONTRACTOR shall do all the work and shall furnish all the tools, equipment, machinery, materials, supplies, labor and appliances, except as herein otherwise specified, necessary or proper for performing and completing the work required by this Contract, in the manner and within the time herein prescribed. By executing the Contract, the CONTRACTOR represents that it has visited the site of work, has fully familiarized itself with the local and on -site conditions under which the work is to be performed and has correlated its observation with the requirements of the Contract documents. In addition, the CONTRACTOR represents that it has satisfied itself as to subsurface conditions at the site of the work. Information, data and representations contained in the Contract documents pertaining to the conditions at the site, including subsurface conditions, are for information only and are not warranted or represented in any manner to accurately show the conditions at the site of the work. The CONTRACTOR agrees that it shall make no claims for damages; additional compensation or extension of time against the OWNER because of encountering actual conditions in the course of the work, which vary or differ from conditions or information, contained in the Contract documents. Except as provided in Iltgi J 0..Z... ..,, Existing Structures, Facilities and Appurtenances, all risks of differing subsurface conditions shall be borne solely by the CONTRACTOR. CONTRACTOR assumes all risks for differing site conditions, and all risks and costs. Unless otherwise stated in the Contract, the CONTRACTOR agrees that all or a portion of the work required by this Contract is a governmental function of the OWNER. 103.2. AWARD OF CONTRACT The OWNER will attempt to award the Contract within 90 days after the opening of proposals. The award, if made, shall be to the lowest responsible bidder; but in no case shall the award be made until after investigations are made as to the responsibility of the bidder to whom it is proposed to award the Contract. If awarded the Contract, the bidder shall execute the Contract and furnish the required bonds and evidence of insurance within 10 days after receipt of the awarded Contract. 103.3. SURETY BONDS 103.3.1. CONTRACTOR Surety Bonds. With the execution and delivery of the Contract, the CONTRACTOR shall furnish and file with the OWNER in the amounts herein required, the surety bonds specified hereunder. Without exception, the OWNER's bond forms must be used, and exclusive venue for any lawsuit in connection with such bonds shall be specified as the county in which the OWNER's principal office is located. Such surety bonds shall be in accordance with the provisions of Texas Government Code, Chapter 2253, as amended, and Section 3503.002 of the Insurance Code, as amended. These bonds shall automatically be increased by the amount of any change order or supplemental agreement which increases the Contract price with or without notice to the surety, but in no event shall a change which reduces the Contract amount reduce the penal amount of such bonds. If performance and payment bond forms are included in the bid documents, these forms shall be used with this Contract. 103.3.1.1. Performance Bond. A good and sufficient bond in an amount not less than 100-percent of the approximate total amount of the Contract, as evidenced by the proposal tabulation, or, conditioned on the faithful performance of the work in accordance with the plans, specifications and Contract documents, including performance of any guarantees or warranties required by OWNER, and including any extensions thereof, for the protection of the OWNER. This bond shall provide for the repair and/or replacement of all defects due to faulty materials and workmanship that appear within a period of one 103-1 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 year from the date of completion and acceptance of the improvement by the OWNER or such lesser or greater period as may be designated in the Contract documents. 103.3.1.2. Payment Bond. A good and sufficient bond in an amount not less than 100-percent of the approximate total amount of the Contract, as evidenced by the proposal tabulation, or otherwise solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the prime CONTRACTOR or a SUBCONTRACTOR to supply public work labor or material. 103.3.1.3. Additional or Substitue Bonds. If at any time the OWNER is or becomes dissatisfied with any surety on a performance or payment bond, the CONTRACTOR shall, within five days after notice from the OWNER to do so, substitute an acceptable bond (or bonds), or provide an additional bond, in such form and sum and signed by such other surety or sureties as may be satisfactory to the OWNER. The premiums on such bonds shall be paid by the CONTRACTOR without recourse to the OWNER. No further payments under the Contract shall be deemed due or payable until the substitute or additional bonds have been furnished to and accepted by the OWNER. 103.3.1.4. Bond Amounts Based on Contract Amount. If the amount of the Contract, including OWNER -accepted alternates and allowances, if any, is greater than $100,000, Performance and Payment Bonds in 100% of the Contract amount are mandatory and shall be provided by the bidder receiving the award. If the Contract amount is greater than $50,000 but less than or equal to $100,000, only a Payment Bond in 100% of the Contract amount is mandatory; provided, however, that the bidder receiving the award may elect to furnish a Performance Bond in the same amount if the bidder so chooses. If the Contract amount is less than or equal to $50,000, the bidder receiving the award may elect not to provide Performance and Payment Bonds; provided that in such event, no money will be paid to the CONTRACTOR until final completion and acceptance of all work by OWNER. If the bidder receiving the award elects to provide Performance and Payment Bonds in 100% of the Contract amount, progress payments will be disbursed in accordance with the applicable Contract provisions. 103.3.2. Developer Surety Bonds. In order to insure that it might not incur liabilities, an OWNER may require, before it gives approval of the plans for development, that the OWNER of said development shall provide sufficient surety bond(s) to guarantee that claims against such development, in the event of default, shall be satisfied. Model Forms A.10, through A.13, for private development are in Appendix A. Claimants may also seek recovery by other means. 103.3.3. Sureties. No sureties shall be accepted by the OWNER who are now in default or delinquent on any bonds or who are interested in any litigation against the OWNER. All bonds shall meet the applicable requirements of Section 3503.002, Texas Insurance Code and Chapter 2253, Texas Government Code, shall be made on forms furnished by the OWNER, and shall be executed by not less than one corporate surety authorized to do business in the State of Texas and acceptable to the OWNER. The Texas Insurance Board can be contacted at 800-578-4677. Each bond shall be executed by the CONTRACTOR and surety. Each surety shall designate on the bond the name, address and phone number of a representative for the surety located in a county of the State of Texas acceptable to the OWNER to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. The OWNER reserves the right to reject any and all sureties. 103.4. INSURANCE Any insurance policies required under this Il.�eir� 103.4 Insurance may be written in combination with any of the others, where legally permitted, but none of the specified limits may be lowered thereby. 103.4.1. CONTRACTOR'S Insurance. Without limiting any of the other obligations or liabilities of the CONTRACTOR, during the term of the Contract the CONTRACTOR and each SUBCONTRACTOR at its own expense shall purchase and maintain the herein stipulated minimum insurance with companies duly approved to do business in the State of Texas and satisfactory to the OWNER. In no case shall the insurance be less than that specified in the contract by the OWNER. Certificates of each policy and a copy of each policy shall be delivered to the OWNER before any work is started, along with a written statement from the issuing company stating that said policy shall not be canceled, renewed or materially changed without 30 days advance written notice being given to the OWNER, except when the policy is being canceled for nonpayment of 103-2 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 premium, in which case 10 days advance written notice is required. Prior to the effective date of cancellation, the CONTRACTOR must deliver to the OWNER a replacement certificate of insurance or proof of reinstatement. A model Certificate of Insurance is illustrated in Model Form A.6. in Appendix A. Coverage shall be of the following types and not less than the specified amounts: 103.4.1.1. Worker's Compensation. Workers' compensation as required by Texas law, with the policy endorsed to provide a waiver of subrogation as to the OWNER; employer's liability insurance of not less than $100,000 for each accident, $100,000 disease - each employee, $500,000 disease - policy limit. 103.4.1.2. Commercial General Liability. Commercial general liability insurance, including independent CONTRACTOR's liability, completed operations and contractual liability, covering, but not limited to, the liability assumed under the indemnification provisions of this Contract, fully insuring CONTRACTOR'S (or SUBCONTRACTOR'S) liability for injury to or death of OWNER's employees and third parties, extended to include personal injury liability coverage with damage to property of third parties, with minimum limits as set forth in Table 103.4.1.2.(a) General Liability Insurance Minimum Coverage. The policy shall include coverage extended to apply to completed operations, asbestos hazards (if this project involves work with asbestos) and XCU (explosion, collapse and underground) hazards. The completed operations coverage must be maintained for a minimum of one year after final completion and acceptance of the work, with evidence of same filed with OWNER. Table 103.4.1.2.(a) General Liability Insurance Minimum Coverage General Aggregate $1,000,000 Products - Components/Operations Aggregate $1,000,000 Personal and Advertising Injury $ 600,000 Each Occurrence $ 600,000 Fire Damage (any one fire) $ 50,000 Medical Expense (any one person) $ 5,000 103.4.1.3. Automobiles. Comprehensive automobile and truck liability insurance, covering owned, hired and non -owned vehicles, with a combined bodily injury and property damage minimum limit of $600,000 per occurrence; or separate limits of $250,000 for bodily injury (per person), $500,000 for bodily injury (per accident) and $100,000 for property damage. Such insurance shall include coverage for loading and unloading hazards. 103.4.2. OWNER'S Protective Liability Insurance. CONTRACTOR shall obtain, pay for and maintain at all times during the prosecution of the work under this Contract an OWNER's protective liability insurance policy naming the OWNER and the Engineer as insureds for property damage and bodily injury, which may arise in the prosecution of the work or CONTRACTOR's operations under this Contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the CONTRACTOR's liability insurance with a combined bodily injury and property damage minimum limit of $600,000 per occurrence and $1,000,000 aggregate. 103.4.3. "Umbrella" Liability Insurance. If required by OWNER, CONTRACTOR shall obtain, pay for and maintain umbrella liability insurance during the Contract term, insuring CONTRACTOR for an amount of not less than $1,000,000 per occurrence combined limit for bodily injury and property damage that follows form and applies in excess of the primary liability coverages required hereinabove. The policy shall provide "drop down" coverage where underlying primary insurance coverage limits are insufficient or exhausted. OWNER and Engineer shall be named as additional insureds. 103.4.4. Railroad Protective Insurance. When required in the Special Provisions, CONTRACTOR shall obtain, maintain and present evidence of railroad protective insurance (RPI). The policy shall be in the name of the railroad company having jurisdiction over the right-of-way involved. The minimum limit of coverage shall meet the specifications provided by the railroad company. The OWNER shall specify the amount of RPI necessary. 103-3 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 103.4.5. Policy Endorsements and Special Conditions 103.4.5.1. Endorsements. Each insurance policy to be furnished by CONTRACTOR shall include the following conditions by endorsement to the policy: (1) each policy shall name the OWNER as an additional insured as to all applicable coverage; (2) each policy shall require that 30 days prior to the cancellation, nonrenewal or any material change in coverage, a notice thereof shall be given to OWNER by certified mail. If the policy is canceled for nonpayment of premium, only 10 days written notice to OWNER is required; (3) the term "OWNER" shall include all authorities, boards, bureaus, commissions, divisions, departments and offices of the OWNER and individual members, employees and agents thereof in their official capacities and/or while acting on behalf of the OWNER; (4) the policy phrase "other insurance" shall not apply to the OWNER where the OWNER is an additional insured on the policy; and (5) all provisions of the Contract concerning liability, duty and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 103.4.5.2. Insurance Requirements. Insurance furnished by the CONTRACTOR shall be in accordance with the following requirements: (1) any policy submitted shall not be subject to limitations, conditions or restrictions deemed inconsistent with the intent of the insurance requirements to be fulfilled by the CONTRACTOR. The OWNER's decision thereon shall be final; (2) all policies are to be written through companies duly licensed to transact that class of insurance in the State of Texas; and (3) all liability policies required herein shall be written with an "occurrence" basis coverage trigger. 103.4.5.3. CONTRACTOR Agreements. CONTRACTOR agrees to the following: (1) CONTRACTOR hereby waives subrogation rights for loss or damage to the extent same are covered by insurance. Insurers shall have no right of recovery or subrogation against the OWNER, it being the intention that the insurance policies shall protect all parties to the Contract and be primary coverage for all losses covered by the policies; (2) companies issuing the insurance policies and CONTRACTOR shall have no recourse against the OWNER for payment of any premiums or assessments for any deductibles, as all such premiums and deductibles are the sole responsibility and risk of the CONTRACTOR; (3) approval, disapproval or failure to act by the OWNER regarding any insurance supplied by the CONTRACTOR (or any SUBCONTRACTORS) shall not relieve the CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the Contract documents. Neither shall the bankruptcy, insolvency or denial of liability by the insurance company exonerate the CONTRACTOR from liability; and (4) no special payments shall be made for any insurance that the CONTRACTOR and SUBCONTRACTORS are required to carry; all are included in the Contract price and the Contract unit prices. (5) approval, disapproval or failure to act by OWNER regarding any insurance supplied by CONTRACTOR or its SUBCONTRACTORS shall not relieve CONTRACTOR of full responsibility or liability for damages, errors, omissions or accidents during the term of the Contract. 103.5. EXECUTION OF CONTRACT 103.5.1. OWNER AND CONTRACTOR Responsibilities. The CONTRACTOR shall within 10 business days after receipt of the Contract sign the necessary agreements entering into the required Contract with the OWNER. No Contract shall be binding on the OWNER until all authorized signatures required by law have been affixed and the executed Contract delivered to the CONTRACTOR. 103.5.2. Failure to Execute. The failure of the CONTRACTOR to execute the Contract or provide the required statutory surety bonds within 10 business days after the Contract is received shall constitute a breach of its proposal and the OWNER may annul the award and retain the proceeds of the bid security. In the event the OWNER should re -advertise for bids, the defaulting CONTRACTOR may not be eligible to bid. 103-4 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 103.6. NOTICE TO PROCEED AND COMMENCEMENT OF WORK Upon OWNER receipt of the executed Contract and the required insurance and surety bonds, a notice to proceed shall be issued by the OWNER indicating the date upon which the Contract time shall start and the projected date of completion. The OWNER will attempt to provide the notice to proceed within the time specified in the plans. The CONTRACTOR shall commence work within 10 days from the date specified in the written notice to proceed. No work shall commence before the notice to proceed has been issued. Unless otherwise specified in the contract, there shall be a preconstruction meeting between the OWNER and CONTRACTOR prior to the commencement of work. 103.7. DELAY OF CONTRACT The CONTRACTOR shall not be entitled to any claim for damages due to delay in the award or notice to proceed. If the CONTRACTOR encounters any delay occasioned by the OWNER's failure or inability to obtain right-of-way or is delayed by the relocation or removal of any of the utilities or other installations of similar kind, the CONTRACTOR shall not be entitled to any claim for damages by virtue of any delay. Should the OWNER unreasonably delay the issuance of the notice to proceed through no fault of the CONTRACTOR, the CONTRACTOR shall be entitled only to an extension of Contract time, the Contract amount to remain unchanged. The OWNER has the right to reject any and all bids and to accept or reject any and all schedules. At such time as actual construction has been started, the work will not be stopped or delayed without written permission of the OWNER, excluding delays caused by adverse weather conditions. The CONTRACTOR shall maintain at all times sufficient equipment and personnel on the project to produce satisfactory progress during the construction period. 103.8. ORDER OF WORK TO BE PERFORMED After a contract has been awarded and before the "Notice to Proceed" is issued, the OWNER reserves the right to prioritize the order of the Work to be performed. 103-5 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 ITEM 104. SCOPE OF WORK 104.1. INTENT OF CONTRACT DOCUMENTS The intent of the documents, unless otherwise specifically provided, is to produce complete and finished work, which the CONTRACTOR undertakes to do in full compliance with the Contract documents. It is not intended to mention every item of work in the specifications that can be adequately shown on the drawings nor to show on the drawings all items of work described or required by the specifications. All materials or labor for work shown on the drawings or reasonably inferable therefrom as being necessary to produce a finished job shall be provided by the CONTRACTOR whether or not same is expressly covered in the specifications. No verbal conversation, understanding or agreement with any officer or employee or agent of the OWNER, either before or after the execution of the Contract, shall affect or modify any of the terms, conditions or obligations contained in the Contract documents. The CONTRACTOR shall do all work as provided in the plans, specifications, special provisions, bid and contract, and shall do such additional extra work as may be considered necessary to complete the work in a satisfactory manner acceptable to the OWNER. The CONTRACTOR shall furnish all labor, tools, materials, machinery, equipment, and incidentals necessary to the satisfactory prosecution and completion of the work. 104.1.1. Arrangement of Specifications and Headings. The inclusion of any particular specification in the various sections and divisions of these specifications does not indicate that it is applicable only to work specified within that section. For any particular item of work on any type of project, the specification describing that item shall govern regardless of the section of these specifications within which it is included. The specifications included herein are grouped together for convenience only and not for the purpose of restricting the application of any specification. The titles and headings contained in the contract documents and the subject organization are used only to facilitate reference, and in no way define or limit the scope or intent of any of the provisions of this contract. 104.2. CHANGE OR MODIFICATION OF CONTRACT 104.2.1. Increased or Decreased Quantities of Work. The OWNER reserves the right to make changes in the quantities of the work, as may be considered necessary or desirable, and such changes shall not be considered as waiving or invalidating any conditions or provisions of the Contract or bonds. The CONTRACTOR shall perform the work as altered, whether increased or decreased, and no allowances shall be made for anticipated profits. The OWNER reserves the right to decrease the work under this Contract. Payment to the CONTRACTOR for the Contract items shall be made for the actual quantities of work performed and material furnished at the unit prices set forth in the Contract, except as provided below. When the quantity of work to be done or of materials to be furnished under any major item of the Contract is more than 125 percent of the quantity stated in the Contract, then either party to the Contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work above 125 percent of the quantity stated in the Contract. When the quantity of work to be done or of materials to be furnished under any major item of the Contract is less than 75 percent of the quantity stated in the Contract, then either party to the Contract, upon demand, shall be entitled to negotiate for revised consideration on the work performed. Any revised consideration shall be paid for as is hereinafter provided under Il.�eir�._1.0 Payment for Extra Work. The foregoing notwithstanding, the total original Contract amount shall not be increased more than 25 percent; the CONTRACTOR, by submission of a bid and execution of the Contract, is deemed to consent to the OWNER's right to reduce the total original Contract amount by more than 25 percent. The Contract amount or the Contract time can only be increased or decreased by a properly written change order. 104.2.2. Alteration of Plans and Specifications. The OWNER reserves the right to make such changes in the plans and specifications and in the character of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original plans and specifications or change the general nature of the work as a whole. Such changes shall not be 104-1 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 considered as waiving or invalidating any condition or provision of the Contract and bonds. Such changes shall be issued by the OWNER. 104.2.3. Extra Work. When any work is necessary to the proper completion of the project and for which no prices are provided for in the proposal and Contract, the CONTRACTOR shall do such work, but only when and as ordered in writing by the OWNER. Extra Work is further explained in Il.f':em 1.0 ...., Payment for Extra Work and Il.teir�._1.04.3. Disputed Work and Claims for Additional Compensation. Payment for Extra Work shall be made as hereinafter provided in Iltgir� 10 ...3... Payment for Extra Work. No work shall be undertaken which requires extra payment without having an executed change order approved by the CONTRACTOR and the OWNER, except when so ordered in writing. 104.2.4. Finality of Change Orders. In addition to the OWNER, the CONTRACTOR shall sign the Change Order Documents to verify the terms and conditions established by the Change Order; however, failure or refusal of the CONTRACTOR to sign a Change Order shall not relieve the CONTRACTOR of its obligation to execute the proposed changes in accordance with this Item and the other terms and provisions of this Contract. Each Change Order shall be specific and final as to prices and the extension of time, if any, and no reservations or other provisions allowing for future additional money or time as a result of the particular changes identified and fully compensated in the Change Order. 104.2.5. General Claim Procedures. Except where otherwise provided in the Contract Documents, claims by the CONTRACTOR, whether for damages, additional compensation, additional time or other reasons must be made by written notice to the OWNER within fourteen days after occurrence of the event or events giving rise to the particular claim. Every claim, whether for damages, additional compensation, additional time or other reasons shall be signed and sworn to by an authorized corporate officer (if not a corporation, then an official of the company authorized to bind the CONTRACTOR by his or her signature) of the CONTRACTOR, verifying the truth and accuracy of the claim. Such verification shall be a condition precedent to the acceptability of any claim asserted by the CONTRACTOR. The CONTRACTOR shall be deemed to have waived any claim not made strictly in accordance with the procedure and time limits set out in this paragraph. 104.3. DISPUTED WORK AND CLAIMS FOR ADDITIONAL COMPENSATION If the CONTRACTOR is of the opinion that: (1) certain work necessary or required to accomplish the result intended by this Contract or certain work ordered to be done as contract work by the OWNER is actually Extra Work and not CONTRACTOR work, or (2) any determination or order of the OWNER violates the terms and provisions of this Contract, then the CONTRACTOR shall promptly, either before proceeding with such work or complying with such order or determination, notify the OWNER in writing of its contentions with respect thereto and request a final determination by the OWNER. Such determination of the OWNER shall be given in writing to the CONTRACTOR. If the OWNER determines that the work in question is Extra Work and not Contract work, or that the order complained of requires performance by the CONTRACTOR beyond that required by the Contract or violates the terms and provisions of the Contract, thereupon the OWNER shall cause either (a) the issuance of a change order covering the Extra Work as provided for in Il.teir�._1.04. Change or Modification of Contract hereof, or (b) the determination or order complained of to be rescinded or so modified so as to not require performance beyond that required by the terms and provisions of the Contract. If the OWNER determines that the work in question is Contract Work and not Extra Work, or that the determination or order complained of does not require performance by the CONTRACTOR beyond that required by the Contract or violate the terms and provisions of the Contract, the OWNER shall direct the CONTRACTOR to proceed, and the CONTRACTOR must promptly comply. In order to reserve its right to claim compensation for such work resulting from such compliance, however, the CONTRACTOR must, within fourteen (14) days after receiving the OWNER's determination and direction, notify the OWNER in writing that the work is being performed, or that the determination and direction is being complied with, under protest. If the OWNER is properly notified of a protest by the CONTRACTOR, then the cost of such disputed work shall be accounted for in accordance with the force account method described in l.e...o.n 1 0.2.....3 .,, Force Account Work. Payment, if any is due, shall be made when the OWNER makes a final determination regarding the merit of the CONTRACTOR's protest. The final determination of the cost 104-2 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 of disputed work under this method, or of any issue regarding the merits of a protest, is not waived by the OWNER's issuance of any Change Order providing for the funding of the disputed work. If the CONTRACTOR fails to so appeal to the OWNER for a determination or, having so appealed, should the CONTRACTOR thus fail to notify the OWNER in writing of its protest, the CONTRACTOR shall be deemed to have waived any claim for extra compensation of damages therefore. No oral appeals or oral protests, no matter to whom made, shall be deemed even substantial compliance with the provisions of this item. A delay of the CONTRACTOR due to a court order against the OWNER, or due to the OWNER's failure to secure right-of-way at the time required or because of a conflict of a utility with the work, shall not be cause for additional compensation for damages sustained by the CONTRACTOR, but may be a cause for extension of Contract working time only. In addition to the foregoing requirements, the CONTRACTOR shall, upon notice from the OWNER, produce for examination and audit at the CONTRACTOR's office, by the representatives of the OWNER, all its books and records showing all of its acts and transactions in connection with contractual performance as well as relating to or arising by reason of the matter in dispute. At such examination a duly authorized representative of the CONTRACTOR may be present. Unless the aforesaid requirements and conditions shall have been complied with by the CONTRACTOR, the OWNER shall be released from all claims arising under, relating to or by reason of this Contract, except for the sums to be due under the payment provisions of this Contract. It is further stipulated and agreed that no conduct on the part of the OWNER or any agent or employee of the OWNER shall ever be construed as a waiver of the requirements of this section, when such requirements constitute an absolute condition precedent to any approval of any claim for extra compensation, notwithstanding any other provisions of the Contract documents; and in any action against the OWNER to recover any sum in excess of the Contract amount, the CONTRACTOR must allege and prove strict compliance with the provisions of this section. In connection with the examination provided for herein, the OWNER, upon demand therefore, shall also produce for inspection by the CONTRACTOR such records as the OWNER may have with respect to such disputed work or work performed under protest pursuant to order of the OWNER, except those records and reports which may have been prepared for the purpose of determining the accuracy and validity of the CONTRACTOR's claim. 104.4. PERFORMANCE OF EXTRA OR DISPUTED WORK While the CONTRACTOR or any SUBCONTRACTOR is performing Extra Work in accordance with Iltelrtt�.-109..3...,: Force Account Work or is performing disputed work or complying with a determination or order under protest in accordance with Il.f':2.o.n_1_0.4... Disputed Work and Claims for Additional Compensation (the cost of which shall also be determined by the method set out in Il.teinn 109.3.3..Force Account Work), the CONTRACTOR shall daily furnish the OWNER or other representative of the OWNER at the project site with three copies of verified statements showing: (1) the name and number of each worker, foreman, timekeeper, mechanic, or laborer employed on such work or engaged in complying with such determination or order, the character of such work each is doing and the wages paid to him or her, including the rate and amount of payroll taxes, contribution for insurance and federal social security; and (2) the nature, cost and quantity of any materials, supplies, tools, plant or construction equipment furnished or used in connection with the performance of such work or in complying with such determination or order, and from whom purchased or rented. The above required statements and submittals are in addition to and not in lieu of statements or submittals required under ,Iteir�,,,,1,0;4.3. Disputed Work and Claims for Additional Compensation and Il;tg,ir�,,,,109... ,;. Payment for Extra Work. A copy of such statements shall be signed by the OWNER's representative, noting thereon any items in question, and shall be returned to the CONTRACTOR within two working days after submission. This signature shall not be construed as the OWNER's agreement and acceptance of items not questioned since all items are subject to subsequent review and audit by OWNER representatives. The CONTRACTOR and Its SUBCONTRACTORS, when required by the OWNER, must also produce for inspection and audit by designated OWNER representatives, any and all of their books, vouchers, records, daily job diaries and reports, canceled checks, etc. showing the nature and quantity of labor, materials and equipment actually used in the performance of the such Work or Disputed Work; the amounts expended therefore; and the costs 104-3 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 incurred for insurance premiums and other items of expense directly chargeable to such Extra Work or Disputed Work. The CONTRACTOR must permit the OWNER's representatives to make extracts there from or copies thereof as may be desired. Failure of the CONTRACTOR to comply strictly with these requirements shall constitute a waiver of any claim for extra compensation on account of the performance of such Extra Work or Disputed Work. 104-4 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 ITEM 105. CONTROL OF WORK 105.1. CONTRACT DOCUMENTS 105.1.1. Priority of Contract Documents. In case of conflict between Contract documents, priority of interpretation shall be in the following order: (1) signed agreement (or Contract); (2) performance and payment bonds; (3) proposal; (4) special provisions (or conditions); (5) advertisement for bids (or invitation to bidders, or request for proposals); (6) project (or Contract) drawings; (7) Standard Specifications from Public Works Construction Standards - North Central Texas, and any addendum; (8) Standard Drawings from Public Works Construction Standards - North Central Texas, and any addendum; (9) referenced specifications. 105.1.2. Correlation of Documents. The Contract documents are complementary and what is called for by any one shall be as binding as if called for by all. 105.1.3. Contract Drawings and Specifications. The OWNER shall furnish the CONTRACTOR such copies of the Contract and any supplemental drawings and specifications reasonably necessary for the proper execution of the work. At least one copy of all drawings and specifications shall be accessible at all times to the OWNER at the job site. The plans, the specifications, the proposal, special provisions and all supplementary documents are intended to describe a complete work and are essential parts of the Contract. All requirements occurring in any of them are binding. In cases of discrepancies, figured dimensions shall govern over scaled dimensions; plans shall govern over Standard Specifications, special provisions shall govern over both plans and Standard Specifications. All other provisions of these Standard Specifications shall remain in force. 105.1.4. Supplemental Drawings and Specifications. In order to carry out the intent of the Contract documents and to assist the CONTRACTOR in performing its work, the OWNER, after the execution of the Contract, may, by supplemental drawings, specifications or otherwise, furnish additional information or instructions as may be necessary for construction purposes. All such supplemental drawings, specifications or instructions are intended to be consistent with the Contract documents and reasonably inferable therefrom. Therefore, no extra costs shall be allowed by the OWNER on a claim that particular supplemental drawings, specifications or instructions differ from the requirements of the Contract documents, incurring extra costs, unless the CONTRACTOR has first brought the matter, in writing, to the OWNER's attention for adjustment before proceeding with the work covered by such. If the OWNER shall decide that there is no departure from the requirements of the Contract documents, the CONTRACTOR shall then proceed with the work as shown, specified or directed. If the OWNER shall decide that extra work is involved, OWNER shall so modify the supplemental drawings, specifications or instructions to eliminate the extra work, or cause a written change order to be issued in accordance with Il. 2J22_10.4 2.. Change or Modification of Contract herein. 105.1.5. Referenced Standards. All referenced State, Federal, and National standards are the most current version in effect, unless specifically noted otherwise. Referenced standards may include, but are not limited to, the latest version of publications such as TxDOT Standard Specifications for Construction of Highways, Streets and Bridges, TxDOT Manual of Testing Procedures, Federal Specifications, ASTM designations, AWWA standards, TMUTCD, ADA, TAS, and standards of other professional societies and associations. 105.1.6. Errors and Corrections in Drawings and Specifications. The OWNER shall be permitted to make such corrections or interpretations as may be necessary for the fulfillment of the intent of the Contract documents. The CONTRACTOR shall not take advantage of any apparent errors, omissions or discrepancies in the drawings or specifications. In case of any errors, omissions or discrepancies in the drawings or 105-1 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 specifications, the CONTRACTOR shall promptly submit the matter to the OWNER who, in turn, shall promptly make a determination and issue the necessary instructions in writing. Any adjustment by the CONTRACTOR without this determination and instructions shall be at the CONTRACTOR's own risk and expense. The work is to be made complete as intended by the Contract documents. 105.2. WORKMANSHIP, WARRANTIES, AND GUARANTEES 105.2.1. Workmanship. Unless otherwise expressly provided in the Contract drawings or specifications, the work shall be performed in accordance with the best modern practice with materials and workmanship of the highest quality and suitable for their purpose. The OWNER shall judge and determine the CONTRACTOR's compliance with these requirements. 105.2.2. Special Warranty. If within one year after final acceptance of the work by the OWNER, as evidenced by the final certificate of acceptance or within such longer or shorter period of time as may be prescribed by law or by the terms of any other applicable special warranty on designated equipment or portions of work as required by the Contract documents, any of the work is found to be defective or not in accordance with the Contract documents, the CONTRACTOR shall correct it promptly after receipt of a written notice from the OWNER to do so. This obligation shall survive termination of the Contract. The OWNER shall give such notice promptly after discovery of the condition. 105.2.3. SUBCONTRACTORS' and Manufacturers' Warranties. All SUBCONTRACTORS', manufacturers' and suppliers' warranties and guarantees, express or implied, respecting any part of the work and any materials used therein, shall be obtained and enforced by the CONTRACTOR for the benefit of the OWNER without the necessity of separate transfer or assignment thereof, provided that if directed by the OWNER, the CONTRACTOR shall assign such warranties and guarantees in writing to the OWNER. 105.2.4. Corrected Work Warranty. Any work repaired or replaced shall be subject to the provisions of this section to the same extent as work originally performed. 105.2.5. Rights and Remedies. The rights and remedies of the OWNER provided in this section are in addition to, and do not limit, any rights or remedies afforded to the OWNER by law or any other provision of the Contract documents, or in any way limit the OWNER's right to recovery of damage due to default under the Contract. 105.3. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES Shop drawings are drawings, diagrams, schedules and other data specially prepared for the work by the CONTRACTOR or any SUBCONTRACTOR, manufacturer, supplier or distributor to illustrate some portion of the work. Product data or manufacturer's data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the CONTRACTOR to illustrate a material, product or system for some portion of the work. Samples are physical examples, which illustrate materials, equipment or workmanship and establish standards by which the work shall be judged. With reasonable promptness and in such sequence as to cause no delay in the work or in the work of the OWNER or any separate CONTRACTOR, CONTRACTOR shall submit an acceptable number of copies of shop drawings, layouts, manufacturer's data and material schedules as may be required by the OWNER for review. Submittals may be checked by and stamped with the approval of the CONTRACTOR and identified as the OWNER may require. Such review by the OWNER shall include checking for general conformance with the design concept of the project and general compliance with information given in the General Contract Documents. Indicated actions by the OWNER, which may result from OWNER's review, shall not constitute concurrence with any deviation from the plans and specifications unless such deviations are specifically identified by the method described below, and further shall not relieve the CONTRACTOR of responsibility for errors or omissions in the submitted data. The OWNER may require that certain submittals be sealed by a licensed Texas Engineer. Processed shop drawing submittals are not change orders. If deviations, discrepancies or conflicts between submittals and the design drawings and/or specifications are discovered, either prior to or after submittals are processed, the design drawings and specifications shall govern. Any deviation from the specified criteria shall be expressly stated in writing in the submittal. The CONTRACTOR shall not be relieved of responsibility for any deviation from the requirements of the Contract documents by the OWNER's approval of shop drawings, product data or samples unless the CONTRACTOR has specifically informed 105-2 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 the OWNER in writing of such deviation at the time of submission and the OWNER has given written approval to the specific deviation. The purpose of submittals by the CONTRACTOR is to demonstrate that the CONTRACTOR understands the design concept, and that it demonstrates its understanding by indicating which equipment and materials it intends to furnish and install, and by detailing the fabrication and installation methods it intends to use. The CONTRACTOR shall be responsible for dimensions that are to be confirmed and correlated at the job site, fabrication processes and techniques of construction, coordination of its work with that of other trades and satisfactory performance of its work. The CONTRACTOR shall check and verify all measurements and review submittals prior to being submitted, and sign or initial a statement included with the submittal, which signifies compliance with plans and specifications and dimensions suitable for the application. No portion of the work requiring submission of a shop drawing, product data or sample shall be commenced until the submittal has been approved by the OWNER. All such portions of the work shall be in accordance with approved submittals. The CONTRACTOR shall be responsible for delays caused by rejection of the submittal of inadequate or incorrect shop drawings, product data or samples. The CONTRACTOR shall be responsible for providing all copies of approved shop drawings necessary for the construction operations. Three (3) copies of the approved submittals shall be retained by the CONTRACTOR until completion of the project and presented to the OWNER in bound form. 105.4. CONSTRUCTION STAKES Unless otherwise expressly provided in the Contract drawings or specifications, the CONTRACTOR is responsible for locating or reestablishing project survey control, construction staking, including benchmarks, centerlines, and other measurements necessary for the proper execution of the project. The OWNER shall furnish the CONTRACTOR with all necessary information relating to the lines and grades. All surveying under this section performed by the CONTRACTOR shall be done by a Texas Registered Professional Land Surveyor (RPLS). After completion of staking, the CONTRACTOR shall furnish survey field notes and cut sheets to the OWNER for review. Review of survey field notes and cut sheets shall in no way relieve the CONTRACTOR of liability for incorrectly setting stakes. When not listed as a separate pay item in the Contract, construction staking shall be considered as incidental work, and the cost thereof shall be included in such pay items as are provided in the Contract. 105.5. MEANS AND METHODS OF CONSTRUCTION Unless otherwise expressly provided in the Contract drawings, specifications or bulletins, the means and methods of construction shall be such as the CONTRACTOR may choose; subject, however, to the OWNER's right to prohibit means and methods proposed by the CONTRACTOR which in the OWNER's judgment: (1) shall constitute a hazard to the work, or to persons or property, or shall violate express requirements of applicable laws or ordinances; or (2) shall cause unnecessary or unreasonable inconvenience to the public; or (3) shall not produce finished work in accordance with the requirements of the Contract documents; or (4) shall not assure the work to be completed within the time allowed by the Contract. The OWNER's approval of the CONTRACTOR's means or methods of construction, or the OWNER's failure to exercise OWNER's right to prohibit such means or methods, shall not relieve the CONTRACTOR of its responsibility for the work or of its obligation to accomplish the result intended by the Contract documents; nor shall the exercise or non -exercise of such rights to prohibit create a cause of action for damages or provide a basis for any claim by the CONTRACTOR against the OWNER. Where the Contract drawings, specifications or bulletins do not require the use of specific means or methods of construction, sequencing of construction or a specific traffic control plan, the CONTRACTOR shall submit its proposed plan of procedure, sequencing or traffic control plan to the OWNER sufficiently in advance of the work affected to permit a reasonable time for review and comments. The sequence of construction and traffic control plan must be approved in advance by the OWNER before construction begins. Failure to submit the proposed plan within a reasonable time shall not create a claim for damages for resulting delay in the work or for damages, nor shall it be a cause for extension of working time to complete the work. CONTRACTOR further agrees to defend and indemnify OWNER for any claim or cause of action brought by any third party against the OWNER provided for in Ilteirt�..-107..3... Indemnification hereof. 105-3 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 105.5.1. Conformity with the Plans. All work shall conform to the lines, grades, cross -sections, and dimensions shown on the plans. Any deviation from the plans which may be required by the emergency needs of construction will be determined and authorized in writing by the OWNER. 105.5.2. Public Utilities and Other Property to be Changed. In case it is necessary to change or move the property of any OWNER or of a public utility, such property shall not be moved or interfered with until ordered to do so by the OWNER. The right is reserved to the OWNER of public utilities to enter upon the limits of the contract for the purpose of making such changes or repairs to their property that may be made necessary by performance of the contract. The OWNER reserves the right of entering upon the limits of a contract for the purpose of repairing or relaying sewer and water lines and appurtenances, repairing structures, etc. and for making other repairs, changes, or extensions to any property on the project site. 105.6. SUPERVISION BY CONTRACTOR The status of the CONTRACTOR is that of an independent CONTRACTOR under Texas law and the work under this Contract shall be under the direct charge and superintendence of the CONTRACTOR. Except where the CONTRACTOR is an individual and gives its personal superintendence to the work, the CONTRACTOR shall provide a competent superintendent or general foreman on the work site at all times during progress with full authority to act for CONTRACTOR. The CONTRACTOR shall also provide an adequate staff for the coordination and expediting of its work. The superintendent and staff shall be satisfactory to the OWNER. The superintendent or general foreman shall not be changed during this Contract except with the written consent of the OWNER or unless the superintendent or general foreman proves unsatisfactory to the CONTRACTOR and ceases to be in its employ. If the superintendent or any staff should be or become unsatisfactory to the OWNER, he/she shall be removed by the CONTRACTOR upon written direction of the OWNER, and in such event, the CONTRACTOR shall not be entitled to file a claim for any additional working time or money from the OWNER. The CONTRACTOR shall provide the OWNER a list of a minimum of three working contacts who are available 24 hours per day, seven days per week. 105.7. OWNER'S REPRESENTATIVES Where the Contract documents indicate that determinations, directions or approvals shall be made by the OWNER or "OWNER's representatives," this shall mean the OWNER acting directly, or through duly authorized persons acting within the limit of authority delegated to them. 105.7.1. Authority of the Engineer. All work shall be performed in a good and workmanlike manner and to the satisfaction of the Engineer. The Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress of the work, sequence of the construction, interpretation of the plans and specifications, acceptable fulfillment of the Contract, compensation, mutual rights between CONTRACTORS under these specifications and suspension of the work. Engineer shall determine the amount and quality of work performed and materials furnished, and Engineer's decisions and estimates shall be final. Engineer estimate in such event shall be a condition precedent to the right of the CONTRACTOR to receive money due under the Contract. 105.7.2. OWNER'S Representative's Final Determination. The OWNER's representative's determinations shall be final relative to the proper performance of the work and the materials used, and the CONTRACTOR is bound thereby. It is hereby covenanted and agreed between the two parties of this Contract that the OWNER's representative shall review and determine all disputes, controversies or claims of either party in relation to this Contract or its performance. Such determination shall be made in writing by the OWNER's representative within a reasonable time and shall be final and conclusive upon both the CONTRACTOR and the OWNER. It is further covenanted and agreed between the two parties to the Contract that the determination by the OWNER's representative shall be a condition precedent to the right of any legal action at law or in equity that either party may have against the other. 105-4 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 105.8. SERVICE OF NOTICES The OWNER and the CONTRACTOR shall designate an address and, if available, a facsimile number, an email address, and other mutually agreeable contact methods where all notices, directions or other communications may be delivered. Notices to the surety or sureties on Contract bonds shall be directed or delivered to the surety's home office or to the surety's designated agent for delivery of notices. Service by mail shall be presumed complete upon deposit of the paper, enclosed in a postpaid, properly addressed envelope, in a post office or official depository under the care and custody of the United States Postal Service. Service by facsimile or email after 5:00 p.m. local time of the recipient shall be deemed delivered on the following business day. A party may change its designated address, facsimile number, email address, or other mutually agreeable method of communication by delivering written notice of the change, properly signed, to all interested parties. Nothing herein contained shall be deemed to preclude hand delivery of any notice, direction or communication to a party mentioned above. 105.9. INSPECTION It is the intent of the OWNER to inspect all work on this project. The CONTRACTOR shall obtain written verification from the OWNER if an inspector is not needed before proceeding with that particular item of work. The CONTRACTOR must pay for all testing needed to determine acceptability for any work done without inspection, as directed by the OWNER. The CONTRACTOR shall furnish the OWNER with every reasonable facility for ascertaining whether or not the work performed was in accordance with the requirements and intent of the plans and specifications. Any work done (except excavation) or materials used without suitable inspection by the OWNER may be ordered removed and replaced at the CONTRACTOR's expense. 105.9.1. Removal of Defective and Unauthorized Work. All work which has been rejected or condemned shall be repaired, or if it cannot be repaired satisfactorily, it shall be removed and replaced at the CONTRACTOR's expense. Defective materials shall be immediately removed from the site of the work. Work done without line and grade having been given, work done beyond the lines or not in conformity with the grades shown on the plans or as given, save as herein provided, work done without written authority and prior agreement in writing as to process, shall be done at the CONTRACTOR's risk and shall be considered unauthorized and at the option of the OWNER may not be measured and paid for and may be ordered removed at the CONTRACTOR'S expense. Upon failure of the CONTRACTOR to repair satisfactorily or to remove and replace, if so directed, rejected, unauthorized or condemned work or materials immediately after receiving notice from the OWNER, the OWNER shall, after giving written notice to the CONTRACTOR, have the authority to cause defective work to be remedied or removed and replaced, or to cause unauthorized work to be removed and to deduct the cost thereof from any monies due or to become due the CONTRACTOR. Alternatively, the OWNER may, at its option, declare the CONTRACTOR in default, in which event the performance bond surety shall complete the Contract. 105.9.2. Final Inspection. Whenever the improvements provided for by the Contract shall have been completely performed on the part of the CONTRACTOR, the CONTRACTOR shall notify the OWNER that the improvement is ready for final inspection. If the work is not acceptable to the OWNER at the time of such inspection, OWNER shall inform CONTRACTOR as to the particular defects to be remedied before final acceptance shall be made. CONTRACTOR shall promptly remedy the identified defects. The OWNER will notify the CONTRACTOR of the time allowed for correction of the unacceptable items found during the final inspection. The OWNER shall make final inspection of all work included in the Contract as soon as practicable after remedies have been made and the work is ready for acceptance. 105.9.3. Inspection Overtime. Project inspectors must be paid via the contract. The CONTRACTOR is required to reimburse the OWNER or its designated representative for the cost of all inspection overtime which may be necessary for the successful and expeditious prosecution of the work included in this Contract. Requests for overtime inspection must be submitted to the OWNER two working days in advance and on the proper form. Payment to the OWNER or its designated representative for overtime inspection costs will be made within 10 days of receipt of invoice. Failure to submit payment for overtime inspection may result in the 105-5 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 OWNER withholding the next monthly partial payment. No additional compensation or time shall be granted the CONTRACTOR for withheld monthly partial payments due to nonpayment of inspector overtime. The maximum overtime rate for construction inspectors shall be determined by the OWNER. In case of disputes, the OWNER's decision shall be final. Model Form A.8. Inspection Overtime is included in Appendix A. 105.10. ACCEPTANCE Once the work is satisfactory to the OWNER and in accordance with the specifications and Contract documents, the CONTRACTOR shall be issued a certificate of acceptance. The Certificate of Acceptance will not be issued until all work required by the Contract, including all water and wastewater appurtenances have been adjusted to their final position. 105-6 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 ITEM 106. CONTROL OF MATERIAL 106.1. SUBSTITUTION OF MATERIALS The specifications for materials set out the minimum standard of quality that the OWNER believes necessary to procure a satisfactory project. No substitutions will be permitted until the CONTRACTOR has received written permission of the OWNER to make a substitution for the material that has been specified. Requests for substitution shall be made prior to the date of the preconstruction conference. Where the term "or equal," or "or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the OWNER. If a product of any other name is proposed for use, the OWNER'S approval thereof must be obtained before the CONTRACTOR procures the proposed substitute. Where the term "or equal," or "or approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the CONTRACTOR shall have the full responsibility of proving that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the OWNER, shall be the sole judge of the acceptability of substitutions. The provisions of this sub -section as related to "Substitutions" shall be applicable to all sections of these specifications. Should an authorized substitution require redesign of a portion of the work or alterations to the plans or specifications in order for the materials or articles which are to be substituted to properly fit or in other ways to be satisfactory, the OWNER shall accomplish such redesigns and alterations. The CONTRACTOR shall bear all reasonable costs associated with redesign and alteration efforts performed by the OWNER. 106.2. MATERIALS AND EQUIPMENT The CONTRACTOR shall be free to obtain the approved materials, equipment and articles from sources of its own selection. However, if the OWNER finds that the work shall be delayed or adversely affected in any way because a selected source of supply cannot furnish a uniform product in sufficient quantity and at the time required and a suitable source does exist, or the product is not suitable for the work, the OWNER shall have the right to require the original source of supply changed by the CONTRACTOR. The CONTRACTOR shall have no claim for extra cost or damage because of this requirement. The CONTRACTOR warrants to the OWNER that all materials and equipment furnished under this Contract shall be new unless otherwise specified in the Contract documents and that same shall be of good quality and workmanship, free from faults and defects and in conformance with the Contract documents. All materials and equipment not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective and shall be promptly repaired or replaced by the CONTRACTOR at the CONTRACTOR's sole cost upon demand of the OWNER. If required by the OWNER, the CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 106.3. SALVAGEABLE MATERIAL All salvageable material shall be designated by and remain the property of the OWNER. Any designated salvageable material that is destroyed or damaged due to negligence of the CONTRACTOR shall be replaced with new material by the CONTRACTOR at no expense to the OWNER. Salvage material, unless designated for reuse, shall be returned to a location designated by the OWNER. 106.4. OFF -SITE STORAGE Materials shall be stored so as to insure the preservation of their quality and fitness for the work. When directed by the OWNER, they shall be placed on wooden platforms or other hard, clean surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. Payment for costs incurred in storage of materials or equipment away from the project site will not be made by the OWNER unless: (1) the OWNER has approved off -site storage in writing; and (2) the materials will not be incorporated into the project within the next 60 days; 106-1 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 (3) the materials or equipment are stored in a bonded warehouse located in the County approved by the OWNER and identified with the project for which they are stored as evidenced by warehouse receipts and appropriate documents of title; (4) an official PAID receipt from the material supplier is provided; and (5) CONTRACTOR may invoice only for the amount actually paid for the storage of the material. (6) Storage in facilities of the manufacturer or CONTRACTOR will not be permitted or paid for, unless such storage is expressly approved in writing by the OWNER. 106.4.1. Early Delivery to Project Site. All materials or equipment delivered to the project site earlier than thirty (30) days prior to an approved schedule for delivery to the project site shall be classified as an "early delivery". All early delivery materials or equipment must have written permission of the OWNER to be stored on the project site. Should any unauthorized early delivery occur, CONTRACTOR shall, at the CONTRACTOR's expense, cause such early delivery to be removed from the project site and stored off -site until required at the project site. All costs of labor, transportation and storage will be included as part of the expense. If the CONTRACTOR fails or refuses to remove unauthorized early delivery materials, the OWNER may cause such materials to be removed at the CONTRACTOR's sole expense, and amounts may be withheld from the CONTRACTOR's Application for Payment to reimburse the OWNER for any costs incurred in removing unauthorized early delivery materials. The OWNER will not be responsible for the protection of or risk of loss on any early delivery materials or equipment, nor will the OWNER be liable for any payment thereon. 106.5. SAMPLES AND TESTS OF MATERIALS Unless otherwise stipulated in the Contract documents, initial testing of all materials, construction items or products incorporated in the work shall be performed at the direction and expense of the OWNER, including initial compaction and density tests deemed necessary. In the event materials, construction items or products incorporated in the work fail to satisfy the minimum requirements of the initial test, appropriate prove out test shall be made as directed by the OWNER to determine the extent of the failure and to verify that the corrective measures have brought the item up to specification requirements. The cost of all testing necessary to determine the extent of the failure and the adequacy of the corrective measures shall be the responsibility of the CONTRACTOR. The failure of the OWNER to make any tests of materials shall in no way relieve the CONTRACTOR of its responsibility of furnishing materials conforming to the Contract documents. Tests, unless otherwise specified, shall be made in accordance with the latest methods of the American Society for Testing and Materials. The CONTRACTOR shall provide such facilities as the OWNER may require for collecting and forwarding samples and shall not use the materials represented by the samples until tests have been made. The CONTRACTOR shall furnish adequate samples without charge. Test materials and samples shall be stored so as to ensure the preservation of their quality and fitness for the Work. If directed by the OWNER, they shall be placed on wooden platforms or other hard, clean surfaces and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. The inspections and tests made by the OWNER, its inspectors or agents, shall ordinarily be made without cost to the CONTRACTOR unless otherwise expressly specified in the Contract documents. The CONTRACTOR shall furnish without additional cost to the OWNER such materials for testing as may be reasonably necessary. Retesting after failure to pass tests shall be at the expense of the CONTRACTOR. Should the percentage of rejected material or equipment be unreasonably large, the additional cost of such inspection and tests resulting therefrom shall be borne by the CONTRACTOR. The OWNER shall determine what extra inspection is and shall determine the additional cost incurred thereby and payable by the CONTRACTOR, and such determination shall be final. 106.6. SURPLUS MATERIALS Surplus materials shall be disposed of by the CONTRACTOR at his expense. Surplus materials including excavation shall be removed from the site unless specified otherwise under the performance specifications. 106-2 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 ITEM 107. LEGAL RELATIONS AND CONTRACTOR RESPONSIBILITIES 107A. CONTRACTOR INDEPENDENCE While engaged in carrying out and complying with the terms and conditions of this Contract the CONTRACTOR is, and shall be, an independent CONTRACTOR and shall not, with respect to its acts or omissions, be deemed an officer, employee or agent of the OWNER. The CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the OWNER. CONTRACTOR Is, and shall remain, an independent CONTRACTOR, with full, complete and exclusive power and authority to direct, supervise, and control its own employees and SUBCONTRACTORS and to determine the method of the performance of the work covered under this Contract. The fact that the OWNER or the Engineer shall have the right to inspect or observe CONTRACTOR's work during performance and to exercise the other rights and prerogatives expressly reserved to the OWNER or the Engineer under this Contract is not intended to, and shall not any time, change or affect the status of the CONTRACTOR as an independent CONTRACTOR with respect to the OWNER, the CONTRACTOR's own employees or any other person, firm or corporation. Nothing contained in the Contract documents shall create any contractual or agency relationship between the Engineer and the CONTRACTOR. 107.2. NO THIRD PARTY CONTRACTUAL RIGHTS This Contract is solely for the benefit of the parties to this Contract and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 107.3. INDEMNIFICATION CONTRACTOR covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, OWNER, its officers, officials, agents and employees, from and against any and all claims or suits, judgments and costs and expenses for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the work and services to be performed hereunder by CONTRACTOR, its officers, officials, agents, employees, SUBCONTRACTORS, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, agents, and employees, of the OWNER. CONTRACTOR likewise covenants and agrees to, and does hereby, indemnify and hold harmless OWNER from and against any and all injuries, damage, loss or destruction to property of OWNER during the performance of any of the terms and conditions of this contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, agents, or employees of OWNER. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 107.4. OWNER'S OFFICERS, EMPLOYEES OR AGENTS 107.4.1. Claim Against Officers, Employees or Agent of the OWNER. No claim whatsoever shall be made by the CONTRACTOR against any officer, employee, or agent of the OWNER for or on account of, anything done or omitted to be done in connection with this Contract. 107.4.2. Financial Interest in Any Contract by OWNER'S Officers, Employees or Agents. CONTRACTOR is hereby advised to comply with the OWNER's financial interest or comparable policy. If OWNER does not implement a financial interest or comparable policy of its own, provisions of this Item shall govern matters of financial interest. No officer, employee, or agent of the OWNER shall have a financial interest, direct or indirect, in any contract with the OWNER or be financially interested, directly or indirectly, in the sale to the OWNER of any land, materials, supplies or services, except on behalf of the OWNER as an officer or employee. Any violation of this article with the knowledge, expressed or implied, of the persons, partnership, company, firm, association or corporation contracting with the OWNER shall render the Contract involved voidable by the OWNER. 107.4.3. Conflict of Interest. CONTRACTOR shall complete and submit the State of Texas Conflict of Interest Questionnaire, form CIQ as required by Texas Local Government Code, Chapter 176. 107-1 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 107.5. VENUE AND GOVERNING LAW The parties herein agree that this Contract shall be performed in the county in which the OWNER's principal office is located, and if legal action is necessary in connection therewith, exclusive venue shall lie in this county. The terms and provisions of the Contract documents shall be construed in accordance with the laws and court decisions of the State of Texas. 107.6. NO WAIVER OF LEGAL RIGHTS Inspection by the OWNER; any order, measurement, quantity or certificate by the OWNER; any order by the OWNER for payment of money; any payment for or acceptance of any work; or any extension of time or any possession taken by the OWNER shall not operate as a waiver of any provisions of the Contract or any power therein reserved to the OWNER of any rights or damages therein provided. Any waiver of any breach of Contract shall not be held to be a waiver of any other or subsequent breach. The OWNER reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract documents. The OWNER reserves the right to recover by process of law sums as may be sufficient to correct any error or make good any deficiency in the work resulting from such error, dishonesty or collusion by the CONTRACTOR or its agents that is discovered in the work by the OWNER after the final payment has been made. Neither final acceptance of the work nor final payment shall relieve the CONTRACTOR of responsibility for faulty materials or workmanship, and the CONTRACTOR shall promptly remedy any defects due thereto and pay for any damage to other work resulting therefrom. Likewise, neither final acceptance nor final payment, nor partial or entire use or occupancy of the work by the OWNER shall constitute acceptance of work not done in accordance with the Contract documents or relieve CONTRACTOR of liability with respect to any expressed or implied warranties or responsibility for faulty materials or workmanship, whether same be patently or latently defective. The OWNER, or any officer or agent thereof, shall not be precluded at any time, either before or after final completion and acceptance of the work and final payment therefrom: (1) showing the true and correct amount, classifications, quality and character of the work done and materials furnished by the CONTRACTOR or any other person under this Contract, or (2) from showing at any time that any determination, return, decision, approval, order, letter, payment or certification is untrue and incorrect or improperly made in any particular, or (3) that the work or the materials or any parts thereof do not in fact conform to the Contract requirements; and (4) demanding the recovery from the CONTRACTOR of any overpayments made to it, or such damages as the OWNER may sustain by reason of the CONTRACTOR's failure to perform each and every part of this Contract in strict accordance with its terms; or both. 107.7. SEVERABILITY In the event a term, condition, or provision in this Contract is determined to be void, unenforceable, or unlawful by a court of competent jurisdiction, then that term, condition or provision, shall be deleted and the remainder of the Contract shall remain in full force and effect. 107.8. HEADINGS The title and headings contained in the Contract documents and the subject organization are used only to facilitate reference, and in no way define or limit the scope of intent of any of the provisions of this Contract. 107.9. OBLIGATIONS TO PERFORM FUNCTIONS Any failure or neglect on the part of OWNER, Engineer or inspectors to enforce provisions herein dealing with supervision, control, inspection, testing or acceptance and approval of the work shall never operate to relieve CONTRACTOR from full compliance with the Contract documents nor render OWNER liable to CONTRACTOR for money damages, extensions of time or increased compensation of any kind. 107.10. PERFORMANCE OF THE WORK In addition to those matters elsewhere expressly made the responsibility of the CONTRACTOR, the CONTRACTOR shall have the full and direct responsibility for the performance and completion of the work under this Contract and for any act or neglect of the CONTRACTOR, its agents, employees or SUBCONTRACTORS. CONTRACTOR shall bear all losses, if any, resulting on account of the amount and character of the work, or because the conditions under 107-2 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 which the work must be done are different from what CONTRACTOR estimated or anticipated, or because of weather, floods, elements or other causes, regardless of the expected completion date set forth in the Contract Documents. 107.11. SUCCESSORS AND ASSIGNS Subject to the limitations upon assignment and transfer herein contained, this Contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. 107.12. SUPERVISION AND CONSTRUCTION PROCEDURES The CONTRACTOR shall supervise and direct all the work, using its best skill and attention. CONTRACTOR shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work under the Contract. The CONTRACTOR shall carefully study and compare the Contract documents and shall at once report to the OWNER any error, inconsistency or omission it may discover. The CONTRACTOR shall perform no portion of the work at any time without Contract documents or, where required, approved shop drawings, product data or samples for such portion of the work. The CONTRACTOR shall be responsible to the OWNER for the acts and omissions of the OWNER's employees, SUBCONTRACTORS, and agents, as well as the CONTRACTOR'S employees and SUBCONTRACTORS performing any of the work under a contract with the CONTRACTOR. The CONTRACTOR shall at all times enforce strict discipline and good order among its employees and shall not employ on the work site any unfit person or anyone not skilled in the task assigned to him or her. The CONTRACTOR shall not be relieved from its obligations to perform the work in accordance with the Contract documents either by the activities or duties of the OWNER in its administration of the Contract, or by inspections, tests or approvals required or performed by persons other than the CONTRACTOR. The CONTRACTOR shall give to the work the consistent attention necessary to facilitate the progress thereof, and the CONTRACTOR shall cooperate with the OWNER, and with other CONTRACTORS in every way possible. The OWNER and the OWNER's representatives shall at all times have free access to the work whenever it is in preparation or progress and the CONTRACTOR shall provide safe, convenient and proper facilities for such access and inspection. 107.13. LABOR AND MATERIALS Unless otherwise provided in the Contract documents, the CONTRACTOR shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for the proper execution and completion of the work, whether temporary or permanent and whether or not incorporated or to be incorporated into the work. 107.14. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Contract the CONTRACTOR agrees as follows: 107.14.1. Nondiscrimination Toward Employees. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, military or veteran status, disability unrelated to job performance, or national origin. The CONTRACTOR shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, sex, religion, age or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees or applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 107.14.2. Nondiscrimination Employment Practices. The CONTRACTOR shall, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, national origin or age. 107.14.3. Labor Unions. The CONTRACTOR shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice to be provided, advising the said labor union or workers' representatives of the CONTRACTOR'S commitments under this 107-3 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 107.14.4. Provisions in Subcontracts. The CONTRACTOR shall include the provisions of this section in all subcontracts pertaining to the work. 107.14.5. Reports. During the course of the work, the CONTRACTOR shall submit to the OWNER, on a monthly basis, a breakdown by minority group of all employees at the site of the work. 107.15. STATE AND LOCAL SALES AND USE TAXES The OWNER qualifies for exemption from the state and local sales and use taxes, pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise and Use Tax Act. Therefore, the CONTRACTOR shall not pay such taxes which would otherwise be payable in connection with the performance of this Contract. The CONTRACTOR shall issue an exemption certificate in lieu of the tax on the purchase of: (1) all materials, supplies, equipment and other tangible personal property incorporated into the real property being improved; and (2) all materials, supplies and other tangible personal property, other than machinery or equipment and its accessories and repair and replacement parts, necessary and essential for the performance of the Contract with the OWNER which is to be completely consumed at the job site. Tangible personal property necessary and essential for the performance of the Contract includes only such materials, tools and supplies specifically needed and directly used to incorporate tangible personal property into the real estate being improved under the Contract. Overhead supplies and supplies used indirectly or only incidental to the performance of the Contract with the OWNER are not included in the exemption. Tangible personal property is "completely consumed" if after being used once for its intended purpose it is used up or destroyed. Any exemption certificate issued by the CONTRACTOR is subject to the existing rules and interpretation governing the exemption issued by the Comptroller of Public Accounts of the State of Texas. The OWNER will not make interpretations of the extent or applicability of the exemption in a particular case; If the CONTRACTOR, or any SUBCONTRACTOR or supplier of the CONTRACTOR, has any questions about the extent or applicability of the exemption in specific circumstances, guidance should be sought from the State Comptroller's Office. Under "reasons said purchaser is claiming this exemption" in the exemption certificate, the CONTRACTOR must name the OWNER and the project for which the equipment, material and supplies are being purchased, leased or rented. 107.16. PATENTS The CONTRACTOR shall pay all royalties and license fees and shall provide, by suitable legal agreement with the patentee or OWNER, for the use of any design, device, material or process covered by letters, patent or any copyright. The CONTRACTOR shall indemnify, defend, hold and save the OWNER and its officers, employees and agents harmless from all liability and claims for infringement of any patent, copyright, mark or license. In the event that any claims, suit or action at law or in equity of any kind whatsoever is brought against the OWNER, or its officers, employees or agents involving any such patents, copyrights or license rights, then the OWNER shall have the right to and may retain from any money due or to become due to the CONTRACTOR such sum deemed necessary by the OWNER for its protection until such claim or suit shall have been settled and satisfactory evidence to that effect shall have been furnished the OWNER. 107.17. COMPLIANCE WITH LAWS The CONTRACTOR shall fully comply with all local, state and federal laws, including all codes, ordinances and regulations applicable to this Contract and the work to be done thereunder, which exist or which may be enacted later by governmental bodies having jurisdiction or authority for such enactment. CONTRACTOR shall correct any work not in compliance with local, state or federal laws. The CONTRACTOR shall secure and pay for all permits and licenses necessary for the execution of the work and shall fully comply with all their terms and conditions. All work required under this Contract shall comply with all requirements of law, regulation, permit or license. If the CONTRACTOR finds that there is a variance, it shall immediately report this to the OWNER for resolution. 107.17.1. Pleas of Misunderstanding. No pleas of misunderstanding or ignorance thereof will be considered. The CONTRACTOR and the CONTRACTOR's Sureties shall indemnify and save harmless the OWNER 107-4 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 against any claims or liability arising from or based on the violation of any such law, ordinance, regulation or order whether by the CONTRACTOR, its employees, or SUBCONTRACTORS. All work required under this contract shall comply with all required documents of law, regulation, permit or license, if the CONTRACTOR finds that there is a variance, the CONTRACTOR shall immediately report such to the OWNER for resolution. OWNER shall not be liable for interest on any progress or final payment to be made under this Contract, except as may be provided by the applicable provisions of the Prompt Payment Act, Chapter 2251, Texas Government Code, as amended. 107.18. SANITARY PROVISIONS The CONTRACTOR shall establish and enforce among its employees such regulations in regard to cleanliness and disposal of garbage and waste as shall tend to prevent the inception and spread of infectious or contagious diseases and to prevent effectively the creation of a nuisance about the work on any property either public or private, and such regulations as are required by the OWNER shall be put into immediate force and effect by the CONTRACTOR. The necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such a manner and at such points as shall be approved by the OWNER, and their use shall be strictly enforced by the CONTRACTOR. All sanitary laws and regulations of the State of Texas and the OWNER's jurisdiction shall be strictly complied with. 107.19. PUBLIC CONVENIENCE AND SAFETY Materials stored about the work site shall be so placed, and the work shall at all times be so conducted, as to cause no greater obstruction to the traveling public than is considered necessary by the OWNER. The CONTRACTOR shall make provisions by bridges or otherwise at all cross streets, highways, sidewalks and private driveways for the free passage of pedestrians and vehicles, provided that where bridging is impracticable or unnecessary, in the opinion of the OWNER, the CONTRACTOR may make arrangements satisfactory to the OWNER for the diversion of traffic and shall, per the Contract, provide all material and perform all work necessary for the construction and maintenance of roadways and bridges for the diversion of traffic. Sidewalks must not be obstructed except by special permission of the OWNER. The materials excavated, and the construction materials or plant used in the construction of the work, shall be placed so as not to endanger the work or prevent free access to all fire hydrants, water valves, gas valves, manholes for the telephone, telegraph signal or electric conduits, sanitary sewers and fire alarm or police call boxes in the vicinity. The OWNER reserves the right to remedy any neglect on the part of the CONTRACTOR as regards to the public convenience and safety which may come to its attention, after 24 hours' notice in writing to the CONTRACTOR, save in cases of emergency, when it shall have the right to remedy any neglect without notice; and in either case, the cost of such work done by the OWNER shall be deducted from the monies due or to become due the CONTRACTOR. The CONTRACTOR shall notify the OWNER when any street is to be closed or obstructed; such notice shall in the case of major thoroughfares or streets upon which transit lines operate be made 48 hours in advance. The CONTRACTOR shall, when directed by the OWNER, keep any street or streets in condition for unobstructed use by emergency services. Where the CONTRACTOR is required to construct temporary bridges or to make other arrangements for crossing over ditches or streams, its responsibility for accidents shall include the roadway approaches as well as the structures of such crossings. Where the work passes over or through private property, the OWNER shall provide such right-of-way. The CONTRACTOR shall notify the proper representatives of any public utility, corporation, any company or individual, not less than 48 hours in advance of any work which might damage or interfere with the operation of property along or adjacent to the work. The CONTRACTOR shall be responsible for all damage or injury to property of any character (except such as may be required by the provisions of the Contract documents or caused by agents or employees of the OWNER) by reason of any negligent act or omission on the part of the CONTRACTOR, its employees, agents or SUBCONTRACTORS, or at any time due to defective work or materials, or due to its failure to reasonably or properly prosecute the work, and said responsibility shall not be released by the fact that the work shall have been completed and accepted. When and where any such damage or injury is done to public or private property on the part of the CONTRACTOR, restoration shall be completed according to fteir�._107.2 � Restoration of Property. 107-5 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 107.20. PROTECTION OF WORK AND PERSONS AND PROPERTY 107.20.1. Protection of Work. During performance and up to date of final acceptance, the CONTRACTOR shall be under the absolute obligation to protect all work against any damage, loss or injury. In the event of damage, loss or injury, the CONTRACTOR shall promptly replace or repair the work, whichever the OWNER shall determine to be preferable. The obligation to deliver finished work in strict accordance with the Contract prior to final acceptance shall be absolute and shall not be affected by the OWNER's approval of or failure to prohibit means and methods of construction used by the CONTRACTOR. All risk of loss or damage to the work shall be borne solely by the CONTRACTOR until final completion and acceptance of all work by the OWNER, as evidenced by the OWNER's issuance of a certificate of acceptance. 107.20.2. Protection of Persons and Property. The CONTRACTOR shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required by law or otherwise to protect persons and property while said persons or property are approaching, leaving or within the work site or any area adjacent to said work site. Compensation shall be paid to the CONTRACTOR for the installation or maintenance of any warning devices, barricades, lights, signs or any other precautionary measures required by law or otherwise for the protection of persons or property according to ,Ilteinn 801.1. Barriers and Warning and Detour Signs. The CONTRACTOR shall assume all duties owed by the OWNER to the general public in connection with the general public's immediate approach to and travel through the work site and the area adjacent to said work site. Where the work is carried on, in or adjacent to any street, alley, sidewalk, public right-of-way or public place, the CONTRACTOR shall at its own cost and expense provide such flagmen and watchmen in addition to its responsibility to furnish, erect and maintain such warning devices, barricades, lights, signs, and other precautionary measures for the protection of persons or property as are required by law. During periods when schools are in session, the CONTRACTOR will be required during the construction of the Work to: (1) Maintain a suitable all-weather footpath across the Work at all designated school crosswalks. (2) Move and reinstall pedestrian crossing warning signs as construction and routing of traffic lanes require. The CONTRACTOR's responsibility for providing and maintaining flagmen, watchmen, warning devices, barricades, signs, and lights, and other precautionary measures shall not cease until directed in writing by the OWNER or until final payment, whichever occurs first. If the OWNER discovers that the CONTRACTOR has failed to comply with the applicable federal and state law by failing to furnish the necessary flagmen, warning devices, barricades, lights, signs or other precautionary measures for the protection of persons or property, the OWNER may order such additional precautionary measures as required by law to be taken to protect persons and property. The CONTRACTOR shall reimburse the OWNER for any expense incurred by the OWNER in taking any additional precautionary measures as a result of the CONTRACTOR's failure to do so. In addition, the CONTRACTOR will be held responsible for all damage to the work and other public or private property due to the failure of warning devices, barricades, signs, lights, or other precautionary measures in protecting said property, and whenever evidence is found of such damage, the OWNER may order the damaged portion immediately removed and replaced by and at the cost and expense of the CONTRACTOR. Minimum standards for safeguarding pedestrian and vehicular traffic are contained in the current Texas Manual of Uniform Traffic Control Devices, as amended, Texas Department of Transportation. Signage, barricades and other traffic control devices for detouring and maintenance of traffic on this Contract shall be as provided in above said manual and as directed by the OWNER. Costs associated with the acquisition and removal of required traffic control devices shall be considered incidental to the Work. 107.20.3. Trench Safety. 107.20.3.1. Regulations. The CONTRACTOR shall be responsible for complying with state laws and federal regulations relating to trench safety, including those which may be enacted during the performance under this Contract. The CONTRACTOR is advised that Federal Regulations 29 C.F.R. 1926.650-1926.652 have been, in their most recent version as amended, in effect since January 2, 1990. 107-6 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 The CONTRACTOR shall fully comply with the U.S. Department of Labor Occupational Safety and Health Administration (OSHA) regulations pertaining to excavations, trenching, and shoring and shall provide and familiarize its employees involved in excavation and trenching with the provisions in OSHA pamphlet number 2226, excavation and trenching operations. 107.20.3.2. Indemnification. In addition to anv other indemnification, CONTRACTOR agrees to defend, indemnify and hold OWNER, its officers, agents and employees, completely harmless from any claims, lawsuits, judgments, costs and expenses (including attorney's fees, if any) for any personal iniury (including death), property damage or other harm for which recovery of damages is sought (including any iniurv, death or damage suffered by the CONTRACTOR's own employees) arising out of or occasioned by the use of any trench excavation plans, regardless of their origin, or by any negligent, grossly negligent, strictly liable or intentional act of the CONTRACTOR, a SUBCONTRACTOR or any individual employee or laborer (whether or not an employee of the CONTRACTOR or a SUBCONTRACTOR) in the performance or supervision of actual trench excavation under the contract. This indemnity applies regardless of whether ow►yER's or consulting engineer's negligence or fault in the administration of this contract or in the preparation, review or approval of the OWNER'S or CONTRACTOR'S trench excavation plan contributed to the iniurv, death or damage. OWNER accepts no liability whatsoever as a result of its preparation, review or approval of any trench excavation plan under this contract; OWNER makes no warranty, express or implied, concerning the adequacy or correctness of any trench excavation plan. (The provisions of this paragraph are solely for the benefit of the parties to the contract and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. This paragraph shall not be construed to waive any governmental immunity of the OWNER. This paragraph controls in the event of a conflict with any other indemnity or OWNER -warranty provision in the specifications). 107.20.3.3. Trench Safety Plan. The CONTRACTOR shall be responsible for providing to the OWNER an acceptable trench safety plan signed and sealed by a Professional Engineer qualified to do such work and licensed/registered in the State of Texas. The CONTRACTOR shall be responsible for selecting an appropriate method of providing trench safety after due consideration of the job conditions, location of utilities, pavement conditions and other relevant factors. Slope -back methods which may result in unnecessary displacement of utilities and/or destruction of pavement shall not be used without permission from the OWNER. Plans for devices used to provide trench safety such as trench shields and shoring systems will be likewise certified by Professional Engineers licensed/registered in the State of Texas or by a Professional Engineer licensed/registered in the state of manufacture of the shield or shoring system. 107.20.3.4. Shoring and Sheeting. The sides of all excavation shall be supported in accordance with the trench safety plan. Where bracing or sheeting and bracing are used, the trench width shall be increased accordingly, shall be considered as incidental work, and shall not be paid for as a separate item. In wet, saturated or flowing materials where it is necessary to install tight sheeting or cofferdams, wood or steel sheet piling of a design and type approved by the OWNER shall be used. All sheeting, shoring and bracing shall have sufficient strength and rigidity to withstand the pressure exerted, to maintain the sides of the excavation properly in place, and to protect all persons or property from injury or damage. When excavations are made adjacent to existing buildings or other structures or in paved streets, particular care shall be taken to adequately sheet, shore and brace the sides of the excavation to prevent undermining of or settlement beneath the structures or pavement. Underpinning of adjacent structures or pavement shall be done at the CONTRACTOR's own cost and expense and in a manner satisfactory to the OWNER, or, when required by the OWNER, the pavement shall be removed, the void satisfactorily filled, compacted and the pavement replaced by the CONTRACTOR. The entire expense of such removal and subsequent replacement thereof shall be borne by the CONTRACTOR. Wooden sheeting, shoring and bracing shall be left in place where it is adjacent to the pipe embedment for the initial lift of backfill. 107-7 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 The removal of all sheeting, shoring and bracing shall be done in such manner as not to endanger or damage either new or existing structures, or private or public properties; and so as to avoid cave-ins or sliding of the banks. All holes or voids left by the removal of the sheeting, shoring or bracing shall be immediately and completely filled and compacted with suitable materials. If, for any reason, the CONTRACTOR, with the approval of the OWNER, elects to leave in place the sheeting, shoring or bracing, no payment shall be allowed for such material left in place unless ordered by the OWNER to be left in place. 107.20.3.5. Inspection. The CONTRACTOR shall cause all shoring or bracing to be inspected by an OSHA competent person. According to OSHA regulations, a competent person is defined as one who is capable of identifying existing and predictable hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them. 107.20.3.6. Payment for Trench Safety and Shoring. Payment for trench safety shall be by the lineal feet of trench exceeding a depth of 4-ft. unless otherwise specified in the Contract. Excavation for slope -back methods shall be subsidiary to the trench safety pay item including replacement and re - compaction. Excess excavation for other trench safety methods is also subsidiary to the trench safety pay item. Costs relating to the preparation of the trench safety plan including geotechnical investigation, testing and report preparation fees are all subsidiary to the pay item for trench safety. Should trench safety measures be required during Contract performance where no pay item has been provided, then the CONTRACTOR shall immediately notify the OWNER and, if directed to do so, provide trench safety under the provisions of ll�eir�.-1.04...2..3.. Extra Work and/or ll�eir�.-109.3.,: Payment for Extra Work. Should the OWNER fail to authorize the work as provided for in Il.teirn 104.2. Extra Work and Il.teir�.-1.0 ..3.. Payment for Extra Work, then the CONTRACTOR shall proceed under the provisions of Ilteinn 104.3. Disputed Work and Claims for Additional Compensation and I��eir�.-1.04...4. Performance of Extra or Disputed Work. Trench safety requirements are mandatory and shall not be waived. 107.21. PROJECT SIGNS Project signs shall be furnished, constructed, and erected by the CONTRACTOR as directed by the OWNER. Signs shall be placed in a location selected by the OWNER and maintained in good condition until the completion of the project. Project signs shall be removed by the CONTRACTOR upon the completion and acceptance of the project by the OWNER. 107.22. WORKING AREA The CONTRACTOR shall confine its equipment, storage of materials and construction operations to the area shown on the Contract drawings or stated in the specifications, prescribed by ordinance, laws, or permits or as may be directed by the OWNER, and shall not unreasonably encumber the site or public right-of-way with its construction equipment, plant or materials. Such area shall not be deemed for the exclusive use of the CONTRACTOR. Other CONTRACTORS of the OWNER may enter upon and use such portions of the area and for such items as determined by the OWNER are necessary for all purposes required by its contracts. The CONTRACTOR shall give to such other CONTRACTORS all reasonable facilities and assistance to the end that the work on this and other contracts shall not be unduly or unreasonably delayed. Any additional areas desired by the CONTRACTOR for its use shall be provided at its own effort, cost and expense. All rights -of -way and easements shown on the plans for construction will be provided by the OWNER. If private property is leased or occupied by the CONTRACTOR for use in conjunction with the Work, the CONTRACTOR shall provide to the OWNER, in writing prior to final acceptance of the Work, a release of the CONTRACTOR and OWNER from any and all claims the private property OWNER has or may have as a result of the CONTRACTOR's use of the private property during the course of the Work. The release shall be signed by the private property OWNER or the private property OWNER's agent. 107-8 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 107.23. RAILWAY CROSSINGS Where the work encroaches upon any right-of-way of any railway, the OWNER shall secure the necessary easement for the work. Where railway tracks are to be crossed, the CONTRACTOR shall observe all the regulations and instructions of the railway company as to methods of doing the work or precautions for safety of property and the public. All negotiations with the railway company, except for right-of-way, shall be made by the CONTRACTOR. The railway company shall be notified by the CONTRACTOR not less than five days prior to commencing the work. The CONTRACTOR shall not be paid separate compensation for such railway crossing but shall receive only the compensation as set out in the proposal. Prior to crossing or working on Railroad Right -of -Way, the CONTRACTOR will be required to contact the railroad company, or companies, and to execute CONTRACTOR's Agreements as may be required by each railroad company involved. No work shall be permitted where railroads are involved until the OWNER is furnished sufficient correspondence from the railroad company involved to ascertain that either the agreement has been executed or a certified copy of the insurance policy furnished, or that no such action is required. 107.24. EXISTING STRUCTURES, FACILITIES AND APPURTENANCES 107.24.1. General. This Il.f':.g.!n.n_1_0.:... Existing Structures, Facilities and Appurtenances addresses only matters arising from certain existing, man-made surface and subsurface structures, facilities and appurtenances, not naturally occurring conditions. AS PROVIDED IN ,ll��lf:::.1 .-1-0.3.,..1. CONTRACTOR'S WARRANTIES AND UNDERSTANDING, THE OWNER SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIM ARISING FROM A DIFFERING, NATURALLY OCCURRING SURFACE OR SUBSURFACE CONDITION, OR FROM ANY MAN-MADE CONDITION THAT IS NOT A SURFACE OR SUBSURFACE STRUCTURE, FACILITY OR APPURTENANCE. The OWNER's responsibility for any claim arising from existing, man-made surface and subsurface structures, facilities and appurtenances is governed solely by this Il.�einn 1.0.�..24.... Existing Structures, Facilities and Appurtenances, and any situation involving a differing subsurface condition not included herein shall be governed solely by Item 103...1... CONTRACTOR's Warranties and Understanding. 107.24.2. Showing Locations. The plans show the general locations of all known, existing man-made surface and subsurface structures, facilities and appurtenances. The locations of many gas mains, water and wastewater mains, storm sewers, drains, culverts, conduits and other man-made utility structures, facilities and appurtenances, however, are unknown. THE OWNER DOES NOT WARRANT THE PLANS TO SHOW THE EXACT LOCATIONS OF ANY AND ALL KNOWN, EXISTING MAN-MADE SURFACE AND SUBSURFACE STRUCTURES, FACILITIES AND APPURTENANCES, AND DOES NOT WARRANT THAT IT KNOWS OF THE EXISTENCE OF ALL POSSIBLE EXISTING MAN-MADE SURFACE AND SUBSURFACE STRUCTURES, FACILITIES AND APPURTENANCES. The OWNER assumes no responsibility, except as provided below, for any failure to show any or all of these structures on the plans or to show them in their exact locations. Wherever the OWNER has caused certain test borings to be made on the site, or when any information pertaining to the character or depth of materials is found from observations, records or otherwise, such information revealed thereby may be indicated on the plans. The action of the OWNER in revealing such information shall not in any manner be construed as conclusive or as a warranty on the part of the OWNER of the exact nature of the subsurface conditions that shall be encountered during construction of the work. Although the information is shown as accurately as possible, the OWNER does not guarantee that any materials to be encountered at any point or points are even approximately the same, either in character or elevations, as those shown on the plans. The information thus furnished by the OWNER is intended only as a guide to the CONTRACTOR's own investigations preliminary to submitting a bid for the work. 107.24.2.1. Soil Borings. Soil Borings are to be used for information only and are not warranted accurate or conclusive in any way. The OWNER accepts no responsibility for any deviation from or variance in soil types and/or depths shown on the borings. 107.24.3. Conditions for Increases to Work or Payment. The CONTRACTOR and OWNER mutually, expressly agree that the failure of the OWNER to show any existing, man-made surface or subsurface structure, facility or appurtenance on the plans, or the failure to show them on the plans in their exact locations, shall not be considered as a basis of a claim for Extra Work, damages or other compensation of 107-9 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 any kind, nor shall it be considered as a basis for increasing the quantities of work or unit prices on any bid item, unless: (1) The CONTRACTOR could not have discovered the existing, man-made surface or subsurface structure, facility or appurtenance by a reasonable review of the plans and specifications and a reasonable, careful inspection of the work site prior to bid opening or award of the Contract; and (2) The existing, man-made surface or subsurface structure, facility or appurtenance is in a location that necessitates a substantial change in the alignment, depth or hydraulic gradient of the work to be constructed under the Contract because the CONTRACTOR cannot, by the use of reasonable skill or care, place the work in accordance with the original alignment, depth or hydraulic gradient; or (3) The existing surface or subsurface structure, facility or appurtenance requires the construction of a special structure, facility, appurtenance or other special work, provisions for which are not already made in the plans and specifications, to protect either the existing, man-made surface or subsurface structure, facility or appurtenance or the work to be constructed under the Contract from damage. If the elements of (1) and either (2) or (3) occur, the provisions of the specifications regarding claims for Extra Work apply. Otherwise, the condition is considered part of the Contract work and OWNER shall not be liable for extra compensation. Provided, however, that the OWNER will not be liable for payment of Extra Work claims under this subsection that are not timely filed in accordance with other provisions of the specifications, nor shall the OWNER be liable to pay for any additional work or additional costs arising solely from a decision of the CONTRACTOR to change the original means or methods of construction chosen because an existing, man-made surface or subsurface structure, facility or appurtenance is encountered. 107.24.4. Utility Coordination and Protection. It is the intention of the OWNER that all known conflicts between utility -owned facilities and the proposed construction will be cleared prior to the issuance of the work order. Utility information shown on the plans must be confirmed by actual field check in advance of construction. Table 107.24.4.(a) Utility Coordination lists the most frequently needed contacts. Table 107.24.4.(a) Utility Coordination Entity Contact Information Texas One Call system 811 Municipal, Governmental, or Quasi -Governmental Utility OWNER CONTRACTOR shall contact the respective entity It will be the CONTRACTOR's responsibility to locate and report all utility conflicts to the OWNER promptly in order to avoid unnecessary delays, and the CONTRACTOR will cooperate with utility OWNER s in making the adjustment(s). Conflicts that are found during construction will be resolved as expeditiously as possible. The CONTRACTOR will be required to protect adequately all utility -owned facilities from damage or displacement by its operations. The adjustment or location of any utility -owned facility which the CONTRACTOR may desire for its own convenience or ease of construction will be its responsibility to coordinate and will be at its own expense. CONTRACTOR shall further abide by the provisions of Iteim.-201....2... Determining Location and Protection of Existing Structures and Utilities. 107.25. PROJECT CLEAN-UP The CONTRACTOR shall keep the project site in a neat and orderly condition as an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as needed or as directed by the OWNER as the work progresses. Clean-up shall be done on a daily basis. Clean up work shall include, but not be limited to: (1) Removing the trash, paper, rubbish and debris resulting from operations (2) Sweeping streets clean of dirt or debris (3) Alleviating any dust nuisance in the work area (4) Storing excess material in appropriate and organized manner (5) Keeping trash of any kind off of residents' property 107-10 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 The CONTRACTOR, prior to utilizing any private property, shall provide a written agreement between the CONTRACTOR and the Property OWNER to the Project Manager or Construction Superintendent. The agreement shall state what uses are allowed for the property, the length of time the CONTRACTOR is allowed to use it and the final condition the property shall be returned to once all work is completed. CONTRACTOR shall provide a written release from the Property OWNER once the area has been restored. The work shall be so conducted as to create a minimum amount of inconveniences to the public. At any time when in the judgment of the OWNER the CONTRACTOR has obstructed or closed or is carrying on operations in a greater portion of a park, street or public way than is necessary for the proper execution of the work, the OWNER may require the CONTRACTOR to finish the sections on which work is in progress before operations are started on any additional section. The CONTRACTOR will be required to remove spoil from the job site in a timely manner. If, in the opinion of the OWNER, the spoil is not being removed as required, the CONTRACTOR will be directed to remove the spoil. The CONTRACTOR must comply with this directive within 24 hours. There will be no additional compensation to the CONTRACTOR for removing this spoil at a time other than as planned. CONTRACTOR shall comply with all requirements and regulations for any spoil removed from the project. The CONTRACTOR shall perform such cleanup work as deemed necessary by the OWNER. Failure of the CONTRACTOR to maintain the site in a neat and orderly condition will be cause for withholding an additional ten percent (10%) of the total payments until said condition is corrected. Storage areas, either fenced or open, shall be kept free of weeds, tall grass, and other debris. In instances of large scale irrigation and planting installation, the entire site shall be kept neat and orderly with no tall grass or weed growth allowed. It shall be the CONTRACTOR's responsibility to see that the turf areas are kept mowed during entire progress of the work. If the CONTRACTOR falls to alleviate poorly maintained conditions upon Written notice by the OWNER, the OWNER WIII take necessary steps to correct the poor conditions with cost of such corrections to be deducted from the Contract. Upon completion of the work and before final acceptance and final payment shall be made, the CONTRACTOR shall completely clean and remove from the site of the work all equipment, construction materials, surplus and discarded materials, temporary structures and debris of every kind. CONTRACTOR shall leave the site of the work in a neat and orderly condition equal to that which originally existed, or as called for in the Contract documents. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the OWNER, and at the CONTRACTOR'S sole cost. 107.26. DISPOSAL OF MATERIALS Surplus excavation and other materials removed as a part of the construction may be deposited at a legal disposal site in accordance with all applicable federal, state and local laws and regulations. In addition, if the materials are disposed of within private property, a release from the property OWNER must be obtained before final acceptance of the Work as described in Il�eir�._107 Working Area. Surplus excavation and other materials must not be deposited in areas designated as flood plain or along natural drainage ways. Material so deposited will be required to be removed at the CONTRACTOR's expense and the area restored to its natural condition. Failure to comply promptly with the requirements of this special provision will result in withholding of payments due. 107.27. RESTORATION OF PROPERTY When and where any damage or injury is done to public or private property on the part of the CONTRACTOR, it shall restore or have restored at its own cost and expense such property to a condition equal (or improved) to that existing before such damage was done by repairing, rebuilding or otherwise restoring as may be directed, or it shall make good such damage or injury in a manner acceptable to the property OWNER or the OWNER. Replacement of previously constructed items, such as curb, gutter, sidewalks, driveways, paving, etc., shall conform to the specifications for new construction, unless directed otherwise by the OWNER. In case of failure on the part of the CONTRACTOR to restore such property or make good such damage or injury, the OWNER may, upon 48 hours written notice, under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild or otherwise restore such property as may be determined necessary, and the cost thereof shall be deducted from any monies due or to become due the 107-11 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 CONTRACTOR under its Contract; or where sufficient Contract funds are unavailable for this purpose the CONTRACTOR or its surety shall reimburse the OWNER for all such costs. 107.28. ENVIRONMENTAL COMPLIANCE The CONTRACTOR and its SUBCONTRACTORS are deemed to have made themselves familiar with and at all times shall comply with any and all applicable federal, state or local laws, rules, regulations, ordinances, and rules of common law now in effect (including any amendments now in effect), relating to the environment, Hazardous Substances or exposure to Hazardous Substances, including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C.A. §§ 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C.A. §§ 1801, et seq.; the Resource Conservation and Recovery Act of 1976, 42 U.S.C.A. §§ 6901, et seq.; the Federal Water Pollution Control Act, 33 U.S.C.A §§ 1201, et seq.; the Clean Water Act, 33 U.S.C. § 1251, et seq., the Toxic Substances Control Act, 15 U.S.C.A. §§ 2601, et seq.; the Clean Air Act, 42 U.S.C.A. §§ 7401, et seq.; the Safe Drinking Water Act, 42 U.S.C.A. §§ 3808, et seq., and the latest judicial or administrative interpretation of these laws, rules, regulations, ordinances, or rules of common law, including but not limited to any judicial or administrative order, consent decree, orjudgment affecting the Project. In the event the CONTRACTOR encounters on the site materials reasonably believed to be a Hazardous Substance that have not been rendered harmless, and removal of such materials is not a part of the scope of work required under the contract documents, the CONTRACTOR shall immediately stop work in the affected area and report in writing the facts of such encounter to the OWNER. Work in the affected area shall not thereafter be resumed except by written order of the OWNER unless and until the material is determined not to be a Hazardous Substance or the Hazardous Substance is remediated. The OWNER may choose to remediate the Hazardous Substance with a separate CONTRACTOR or through a Change Order with the CONTRACTOR. If the OWNER determines that the Hazardous Substance exists in the affected area due to the fault or negligence of the CONTRACTOR or any of Its SUBCONTRACTORS, the CONTRACTOR shall be responsible for remediating the condition at the sole expense of the CONTRACTOR in accordance with the CONTRACTOR's Spill Prevention and Response Plan. An extension of working time for any delay in the progress schedule caused as a result of the discovery and remediation of a hazardous substance may be granted by the OWNER only if all remaining work on the project must be suspended and the delay cannot be made up elsewhere in the progress schedule. Any claim or request for an extension of working time by the CONTRACTOR in connection with the discovery and remediation of a hazardous substance is subject to the provisions of NCTCOG. The CONTRACTOR shall be responsible for identification, abatement, cleanup, control, removal, remediation, and disposal of any Hazardous Substance brought into or upon the site by the CONTRACTOR or any SUBCONTRACTOR or supplier. The CONTRACTOR shall obtain any and all permits necessary for the legal and proper handling, transportation, and disposal of the Hazardous Substance and shall, prior to undertaking any abatement, cleanup, control, removal, remediation, and disposal, notify the OWNER so that they may observe the activities; provided, however, that it shall be the CONTRACTOR's sole responsibility to comply with all applicable laws, rules, regulations, or ordinances governing the activities. The CONTRACTOR shall deposit surplus or waste excavation or other materials removed as part of the work at a legal disposal site in accordance with all applicable state, federal, and local laws, rules, regulations, and ordinances. The CONTRACTOR shall submit to the OWNER for review and approval all planned disposal sites or proposed uses for the surplus or waste excavation or other materials prior to removal of any excavation or other material from the Project site. A copy of all transport manifests for surplus or waste excavation or other materials shall be obtained and retained in the CONTRACTOR's records for reference purposes, to be provided upon request to the OWNER or any governmental regulatory agency with jurisdiction over the matter. 107.28.1. Spill Prevention Plan. At least seventy-two (72) hours prior to commencing performance of any of the work at the Project site, the CONTRACTOR shall submit to the OWNER for review and approval a Spill Prevention and Response Plan (SPRP) meeting the requirements of federal and state law, rules, and regulations. The SPRP shall be specially designed for the CONTRACTOR's planned work methods and procedures. The SPRP shall be designed to complement all applicable safety standards, fire prevention regulations, and pollution prevention policies and procedures. The SPRP shall include estimates of the quantity and rate of flow should equipment fail, and detail containment or diversionary structures to prevent spills from leaving the site or migrating into adjacent properties or navigable waters. The SPRP shall include 107-12 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 methods of recovery of spilled materials and all applicable twenty-four (24) hour emergency phone numbers, including without limitation that of the OWNER. The CONTRACTOR shall not commence any fieldwork prior to approval of such plan by the OWNER. The following additional rules shall apply with respect to spills caused by the CONTRACTOR or a SUBCONTRACTOR: (1) The CONTRACTOR shall immediately report any spill or release at the Project site, whether or not it is associated with this contract, to the OWNER or other designated representative. Thereafter, within two (2) working days after the occurrence of such event, the CONTRACTOR shall submit a written report describing such event in a degree of detail reasonably acceptable to the OWNER. (2) The CONTRACTOR shall immediately respond in accordance with the SPRP in the event of a spill. (3) The CONTRACTOR shall dispose of spilled materials in accordance with EPA and Texas Commission on Environmental Quality (TCEQ) regulations and any other applicable federal, state, or local laws, rules, or regulations. In connection with such disposals, the CONTRACTOR shall use only those transporters and disposal facilities that are approved in advance in writing by the OWNER. A copy of all transport manifests for the spilled materials shall be obtained and retained in the CONTRACTOR's records for reference purposes, to be provided upon request of the OWNER or any governmental regulatory agency with jurisdiction over the matter. All costs of collection, containment, and disposal of spilled materials shall be the sole responsibility of the CONTRACTOR. (4) The term spill includes any kind of environmental discharge or release. 107.28.2. Texas Pollutant Discharge Elimination System. The CONTRACTOR is responsible for obtaining coverage under the Texas Pollutant Discharge Elimination System (TPDES) Construction General Permit from TCEQ for construction of the Project under regulations contained in 40 CFR Part 122, as amended, pursuant to the Clean Water Act, 33 U.S.C.A. §§1251 et seq. and Chapter 26 of the Texas Administrative Code. These regulations require the filing of a Notice of Intent (NOI) to obtain and abide by the general stormwater permit for construction activities promulgated by EPA as administered by the TCEQ, including but not limited to demolition, clearing, grading, embankment, and excavation that disturb the applicable amount of total land area. In addition, the CONTRACTOR shall comply with all regulations of the OWNER relating to stormwater and stormwater runoff management at the Project site. 107.28.3. Stormwater Permit. The CONTRACTOR shall provide a Storm Water Pollution Prevention Plan (SWPPP) in accordance with the requirements of the TPDES Construction General Permit, and Storm Water Pollution Prevention Plan, of these Specifications. The CONTRACTOR is responsible for obtaining an Storm Water Discharge Permit that may be required for construction of this project under regulations contained in 40 CFR Part 122, as amended, under the authority of the Clean Water Act, 33 U.S.C. 1251 et seq. These regulations require the filing of a notice of intent to obtain and abide by the general storm water permit for construction activities, including cleaning, grading, and excavation, that disturb the applicable amount of total land area. For permitting information and requirements, contact USEPA Region VI, Fountain Place 12th Floor, Suite 1200, 1445 Ross Ave., Suite 1200, Dallas, Texas 75202-2733, (214) 665-2200 and Texas Commission on Environmental Quality. If a permit is required, the CONTRACTOR shall provide measures to control soil erosion sediment and water pollution created by construction operations for the duration of the Contract as directed by the OWNER. These measures shall be in addition to those required of the CONTRACTOR under 11 eim 2..0 ... Temporary Erosion, Sedimentation, and Water Pollution Prevention and Control of these specifications. 107.28.4. Asbestos -Related Materials. The CONTRACTOR shall not install any materials in the performance of the work that contain asbestos or asbestos -related material such as hydrated mineral silicate, including chrysolite, amosite, crocidolite, trifoliate, anthophylite or actinolite, whether friable or non -friable. 107-13 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 107.28.5. Failure to Comply. The OWNER reserves the right in its sole option to exercise the following remedies (without waiving the right to pursue the imposition of any civil or criminal fines or penalties that may be imposed under state, federal, or local laws or ordinances), at no additional cost to the OWNER and without an extension of time, in the event the CONTRACTOR fails or refuses after seven (7) days advance written notice from the OWNER to comply with these provisions, the terms of the SPRP, any environmental permit or submittal issued in connection with the work, or any applicable environmental law, rule, regulation, or ordinance: (1) suspend all or any portion of the work until the noncompliance is corrected, or until a detailed plan to achieve compliance within a reasonably prompt period of time is prepared by the CONTRACTOR and approved by the OWNER; (2) if the CONTRACTOR fails to properly address the noncompliance within the time stipulated by the OWNER, perform the necessary remediation or correction work and back charge the CONTRACTOR for the cost of the remediation or correction; or (3) terminate the contract for default as provided in the General Conditions and the Addendum. 107-14 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 ITEM 108. PROSECUTION AND PROGRESS 108.1. PROGRESS SCHEDULE The CONTRACTOR must submit to the OWNER a detailed Construction Schedule outlining the major items of work on the project. This schedule must be approved as to form by the OWNER prior to CONTRACTOR starting work on the project. The schedule must be updated on a monthly basis unless otherwise specified by the Contract. The OWNER has the authority to stop work on the project if the CONTRACTOR fails to provide an updated schedule as requested. 108.2. PROSECUTION OF THE WORK The CONTRACTOR shall begin the work to be performed under this Contract not later than 10 days from the date specified in the work order and shall conduct the work in such a manner and with sufficient equipment, material and labor as is necessary to insure its completion within the working time. It is the intent of this specification to provide a continuous construction operation without delay except as occasioned by unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, and it shall be the CONTRACTOR's responsibility to execute the work in the most expeditious manner. Work shall be done only during the hours between 7:00 am and 6:00 pm unless the OWNER approves other hours. CONTRACTOR may work on Saturdays if it so desires and permission of the OWNER has been granted. Work on Sundays shall be permitted only with the written permission of the OWNER. If Saturday or Sunday work is permitted, working time shall be charged on the same basis as weekdays. Where the working time is expressed as calendar days or a specific date, the concept of working days shall no longer be relevant to the Contract. Work requiring inspection will not be permitted on a legal City holiday except by special written permission of the OWNER. Any work done without proper inspection is subject to removal and replacement at the direction of the OWNER. The rate of progress shall be such that the whole work shall be performed, including completion of all punch list items, and the premises cleaned up in accordance with the Contract within the working time established in the Contract, unless an extension of time is made in the manner as specified in Il. 2J22--a .. .,: Delays; Extension of Time; Liquidated Damages. 108.2.1. Prosecution of the Work Discontinued By CONTRACTOR. Should the prosecution of the work be discontinued by the CONTRACTOR, the CONTRACTOR shall notify the OWNER at least twenty-four hours in advance of resuming operations. 108.3. OTHER CONTRACTORS; OBLIGATION TO COOPERATE The OWNER may award other contracts for additional work on this project, or in or near the project area, and the CONTRACTOR shall fully cooperate with such other CONTRACTOR(s) and shall coordinate and fit its work to be done hereunder to such additional work as may be contracted by the OWNER. At the time of bidding, prospective bidders shall be advised of other planned contract work, which is expected to affect the work area. The CONTRACTOR shall not commit or permit any act, which shall interfere with the performance of work by any other CONTRACTOR. Upon receiving written notice from the CONTRACTOR that another CONTRACTOR Is falling to coordinate Its work with the work under this Contract as directed by the OWNER, the OWNER shall promptly investigate the charge and take such necessary action as the situation may require. However, the OWNER shall not be liable to the CONTRACTOR for damages suffered by the CONTRACTOR due to the fault or negligence of another CONTRACTOR or through failure of another CONTRACTOR to carry out the directions of the OWNER. Should any interference occur between CONTRACTORS, the OWNER may furnish the CONTRACTOR with written instructions designating priority of effort or change in methods, whereupon the CONTRACTOR shall immediately comply with such direction. In such event, the CONTRACTOR shall be entitled to an extension of working time only for unavoidable delays verified by the OWNER; however, no increase in the Contract price shall be due the CONTRACTOR. 108-1 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 108.4. EMPLOYEES The CONTRACTOR shall employ only competent, efficient workpeople and shall not use on the work any unfit person or one not skilled in the work assigned to him or her and shall at all times maintain good order among its employees. Whenever the OWNER shall inform the CONTRACTOR in writing that, in its opinion, any employee is unfit, unskilled, disobedient or is disrupting the orderly progress of the work, such employee shall be removed from the work and shall not again be employed on it. Under urgent circumstances, the OWNER may orally require immediate removal of an employee for cause, to be followed by written confirmation. 108.5. SUBCONTRACTS The CONTRACTOR shall not make any subcontract for performing any portion of the work included in the Contract without written notice to the OWNER. This Contract having been made pursuant to the bid submitted by the CONTRACTOR and in reliance with the CONTRACTOR's personal qualifications and responsibility, the OWNER reserves the right to withhold approval of any SUBCONTRACTOR which the OWNER may deem would not be in the OWNER's best interest. The CONTRACTOR shall, as soon as practicable after signing the Contract, submit a separate written notice to the OWNER Identifying each proposed SUBCONTRACTOR. Upon request of the OWNER, the CONTRACTOR shall promptly furnish additional information tending to establish that any proposed SUBCONTRACTOR has the necessary facilities, skill, integrity, past experience and financial resources to perform the work in accordance with the terms and conditions of this Contract. If the OWNER determines that any proposed SUBCONTRACTOR is unacceptable, it shall so notify the CONTRACTOR, who may thereupon submit another proposed SUBCONTRACTOR unless the CONTRACTOR decides to do the work itself. Disapproval by the OWNER of any proposed SUBCONTRACTOR shall not provide a basis for any claim time extension or additional compensation of any nature, including but not limited to anticipated profit, overhead or delay, by the CONTRACTOR. If an approved SUBCONTRACTOR fails to properly perform the work undertaken, it shall be removed from the job upon request of the OWNER, following notification to the CONTRACTOR in writing of the request for removal and the reasons therefore. Each subcontract entered into shall provide that the provisions of this Contract shall apply to all SUBCONTRACTORS and their officers and employees in all respects as if they were employees of the CONTRACTOR. The OWNER's decision not to disapprove of any subcontract shall not relieve the CONTRACTOR of any of its responsibilities, duties and liabilities hereunder. The CONTRACTOR shall be solely responsible for the acts, omissions, negligence or defaults of its SUBCONTRACTORS and of such SUBCONTRACTOR's officers, agents and employees, each of whom shall, for this purpose, be deemed to be the agent or employee of the CONTRACTOR to the extent of its subcontract. The CONTRACTOR agrees to bind each SUBCONTRACTOR and each SUBCONTRACTOR agrees to be bound by the terms of the Contract documents insofar as applicable to its respective work. The CONTRACTOR and each SUBCONTRACTOR jointly and severally agree that nothing in the Contract documents or otherwise shall create or be deemed to create any rights in favor of a SUBCONTRACTOR against the OWNER; nor shall be deemed or construed to impose upon the OWNER any obligation, liability or duty to a SUBCONTRACTOR; or to create any contractual relation whatsoever between a SUBCONTRACTOR and the OWNER. The provisions contained herein shall likewise apply to any sub -subcontracts. 108.6. CONTRACTOR WORK BY ITS OWN FORCES Except as otherwise provided, CONTRACTOR shall perform no less than 25% of the Work with its own workforce. If the CONTRACTOR proposes to perform less than 50% of the work by its own forces, then the OWNER may require additional documentation with the bid submittal regarding qualifications of SUBCONTRACTORS actually performing work. 108.6.1. Assignments. The CONTRACTOR shall not assign, transfer, convey or otherwise dispose of this Contract, or its right to execute it, or its right, title or interest in it or any part thereof without the previous written consent of the surety company and the written approval of the OWNER. 108-2 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 The CONTRACTOR shall not assign, either legally or equitably, by power of attorney or otherwise, any of the monies due or to become due under this Contract or its claim thereto without the prior written consent of the surety company and the written approval of the OWNER. Nothing in this paragraph is intended to conflict with Texas Business and Commerce Code. The approval of the OWNER of a particular assignment, transfer or conveyance shall not dispense with such approval to any further or other assignments. The approval by the OWNER of any assignment, transfer or conveyance shall not operate to release the CONTRACTOR or surety hereunder from any of the Contract and bond obligations, and the CONTRACTOR shall be and remain fully responsible and liable for the defaults, negligent acts and omissions of its assignees, its agents and employees, as if they were its own. 108.7. OWNER'S RIGHT TO TEMPORARILY SUSPEND WORK 108.7.1. Reasons for Suspension. The OWNER shall have the right by written order to temporarily suspend the work, in whole or in part, whenever, in the judgment of the OWNER, such temporary suspension is required: (1) in the interest of the OWNER generally, (2) due to government or judicial controls or orders which make performance of this Contract temporarily impossible or illegal, (3) to coordinate the work of separate CONTRACTORS at the job site, (4) to expedite the completion of a separate contract even though the completion of this particular Contract may be thereby delayed, (5) because of weather conditions unsuitable for performance of the work, including of designated ozone alerts as determined by the National Weather Bureau or other authorized agency; or (6) because the CONTRACTOR is proceeding contrary to Contract provisions or has failed to correct conditions considered unsafe for workers. The written order of the OWNER to the CONTRACTOR shall state the reasons for suspending the work and the anticipated periods for such suspension. Upon receipt of the OWNER's written order, the CONTRACTOR shall suspend the work covered by the order and shall take such means and precautions as may be necessary to properly protect the finished and partially finished work, the unused materials and uninstalled equipment, including the providing of suitable drainage about the work and erection of temporary structures where necessary. The CONTRACTOR shall not suspend the work without written order from the OWNER and shall proceed with the work promptly when notified by the OWNER to resume operations. 108.7.2. No Additional Compensation. No additional compensation shall be paid to the CONTRACTOR for any suspension under 11eim_ .0 ...:7.J.,, (6) above or otherwise where same is caused by the fault of the CONTRACTOR. Where such temporary suspension is not due to the fault of the CONTRACTOR, it shall be entitled to: (1) an extension of working time for the completion of the work, not to exceed the delay caused by such temporary suspension, as determined by the OWNER; and (2) the actual and necessary costs of properly protecting the finished and partially finished work, unused materials and uninstalled equipment during the period of the ordered suspension as determined by the OWNER as being beyond the Contract requirements, such costs, if any, to be determined on the basis set forth in II;teirm,,,,109.3;;, Payment for Extra Work herein; and (3) where the CONTRACTOR elects to move equipment from the job site and then return it to the site when the work is ordered resumed, the actual and necessary costs of these moves, in an amount determined by the OWNER under the provisions of I12irm_1_0...3., Payment for Extra Work; provided, however, no compensation shall be allowed if the equipment is moved to another construction project for the OWNER. (4) where such temporary suspension is not due to the fault of the CONTRACTOR and is the result of a designated Ozone Alert Period, the CONTRACTOR shall be entitled to additional time as provided in (1) above, but is not entitled to additional compensation. Other than the additional time and compensation stated above, CONTRACTOR shall not be entitled to any other time extension related to the suspension, nor any additional compensation in any way related to such suspension. 108-3 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 108.7.3. Emergency Contract Termination Clause. Whenever, because of a national emergency, so declared by the President of the United States, or other lawful authority, it shall be impossible for the CONTRACTOR to obtain all labor, materials, and equipment necessary for the prosecution of the work with reasonable continuity, the CONTRACTOR shall notify the OWNER. If the OWNER cannot, after a reasonable time, help obtain priorities for the materials and equipment within a reasonable effort, then the Contract shall be considered as terminated, and the CONTRACTOR shall be entitled to payment for work performed that is acceptable to OWNER based upon unit prices contained in the bid or, if the Contract is lump sum, then based upon the schedule of values submitted by the CONTRACTOR. CONTRACTOR shall not be entitled to any compensation for anticipated profit, overhead, delay damages or any other compensation for work that has not been performed. 108.8. DELAYS; EXTENSION OF TIME; LIQUIDATED DAMAGES The CONTRACTOR shall be entitled to an extension of working time under this Contract only when claim for such extension is submitted to the OWNER in writing by the CONTRACTOR within fourteen (14) days from and after the time when any alleged cause of delay shall occur, and then only when such time is approved by the OWNER. The CONTRACTOR shall notify the OWNER immediately upon encountering any condition that the CONTRACTOR believes may cause a claim for a time extension. In adjusting the contract time for the completion of the project, unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including but not restricted to inability to obtain supplies and materials when orders for such supplies and materials were timely made and materials are not available from other sources, acts of God or the public enemy, acts of the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather conditions, ozone alerts as determined by the National Weather Bureau or other authorized agency, or delays of SUBCONTRACTORS due to such causes beyond their control shall be taken into consideration. If the satisfactory execution and completion of the Contract should require work and materials in greater amounts or quantities than those set forth in the Contract, requiring more time for completion than the anticipated time, then the Contract time shall be increased, but not more than in the same proportion as the cost of the additional work bears to the cost of the original work contracted for. No allowances shall be made for delays or suspension of the performance of the work due to the fault of the CONTRACTOR. No adjustment of the Contract time shall be made if, concurrently with the cause for delay, hindrance, disruption, force majeure, impact or interference, there existed a cause for delay due to the fault or negligence of the CONTRACTOR or CONTRACTOR's agents, employees or SUBCONTRACTORS. Notwithstanding any other provisions of the Contract Documents, including the General and Special Provisions, no adjustment shall be made to the Contract price and the CONTRACTOR shall not be entitled to claim or receive any additional compensation as a result of or arising out of any delay, hindrance, disruption, force majeure, impact or interference, foreseen or unforeseen, resulting in adjustment of the Contract time to complete the project, including but not limited to those caused in whole or in part by the acts, omissions, failures, negligence or fault of the OWNER, its officers, officials, agents, Engineer, Consulting Engineer or employees. This provision is intended to cover all delays except as prohibited by law. If a recoverable delay is caused by the sole fault of the OWNER, compensation will be limited to an amount to be determined pursuant to Section., ection .,1-0..3,.3... Force Account Work notwithstanding any other provision of the Contract documents, all claims for extension of working time must be submitted in accordance with Il. 2J22--a ..3.,: Delays; Extension of Time; Liquidated Damages, and no act of the OWNER shall be deemed a waiver or entitlement of such extension. 108.8.1. Liquidated Damages for Failure to Complete on Time. The time of completion is the essence of this Contract. For each day that any work shall remain uncompleted after the time specified in the proposal and the Contract, or the increased time granted by the OWNER, or as equitably increased by additional work or materials ordered after the Contract is signed, the sum per day given in the Schedule 108.8.1. (a) Liquidated Damages, unless otherwise specified, shall be deducted from the monies due the CONTRACTOR. 108-4 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 Schedule 108.8.1. (a) Liquidated Damages Amount of Contract ($) Amount of Liquidated Damages ($) Less than 25,000.00 200.00 Per Day 25,000.00 to 99,999.99 350.00 Per Day 100,000.00 to 999,999.99 500.00 Per Day More than 1,000,000.00 1000.00 Per Day The sum of money thus deducted for such delay, failure or noncompletion is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages, per day that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work. The said amounts are fixed and agreed upon by and between OWNER and CONTRACTOR because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER in such event would sustain; and said amounts are agreed to be the amount of damages which the OWNER would sustain and which shall be retained from the monies due, or that may become due, the CONTRACTOR under this Contract; and if said monies be insufficient to cover the amount owing, then the CONTRACTOR or its surety shall pay any additional amounts due. In the event that the actual damages incurred by the OWNER exceed the amount of liquidated damages, OWNER shall be entitled to recover its actual damages. 108.9. CONTRACTOR DEFAULT: OWNER'S RIGHT TO SUSPEND WORK AND ANNUL CONTRACT The work or any portion of the work under this Contract shall be suspended immediately on written order of the OWNER declaring the CONTRACTOR to be in default. A copy of such notice shall be served on the CONTRACTOR's surety. The Contract may be terminated by the OWNER for any good cause or causes, among others of which special reference is made to the following: (1) failure of the CONTRACTOR to start the work within 10 days from date specified in the written work order issued by the OWNER to begin the work; (2) substantial evidence that the progress of the work being made by the CONTRACTOR is insufficient to complete the work within the specified working time; (3) failure of the CONTRACTOR to provide sufficient and proper equipment, materials or construction forces for properly executing the work; (4) substantial evidence that the CONTRACTOR has abandoned the work or discontinued the performance of the work or any part thereof and failure to resume performance within a reasonable time after notice to do so; (5) substantial evidence that the CONTRACTOR has become insolvent or bankrupt, or otherwise financially unable to carry on the work; (6) deliberate failure on the part of the CONTRACTOR to observe any requirements of the Contract Documents or to comply with any orders given by the OWNER or Engineer as provided for in the Contract Documents; (7) failure of the CONTRACTOR to promptly make good any defects in materials or workmanship, or any defects of any nature, the correction of which has been directed in writing by the OWNER; (8) substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the OWNER in the construction of work under Contract; (9) repeated and flagrant violations of safe working procedures; (10)the filing by the CONTRACTOR of litigation against the OWNER prior to final completion of the work. When the work is suspended for any of the causes itemized above, or for any other cause or causes, the CONTRACTOR shall discontinue the work or such part thereof as the OWNER shall designate, whereupon the surety may either at its option assume the Contract or that portion thereof which the OWNER has ordered the CONTRACTOR to discontinue and perform the same or, with the written consent of the OWNER, sublet the same, provided, however, that the surety shall exercise its option within two weeks after the written notice to discontinue the work has been served upon the CONTRACTOR and upon the surety or its authorized agents. The surety in such event shall assume the CONTRACTOR's place in all respects and shall be paid by the OWNER for all work performed by it in accordance with the terms of the Contract, but in no event shall such payments exceed the Contract amount, regardless of the cost to the surety to complete the work. 108-5 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 All monies remaining due the CONTRACTOR at the time of its default shall thereupon become due and payable to the surety as the work progresses, subject to all terms of the Contract. In case the surety does not, within the hereinabove specified time, exercise its obligation to assume the Contract or that portion thereof which the OWNER has ordered the CONTRACTOR to discontinue, then the OWNER shall have the power to complete by contract or otherwise, as it may determine, the work herein described or such part thereof as it may deem necessary; and the CONTRACTOR hereto agrees that the OWNER shall have the right to take possession of or use any or all of the materials, plant, tools, equipment, supplies and property of every kind provided by the CONTRACTOR for the purpose of its work and to procure other tools, equipment and materials for the completion of the same and to charge to the account of the CONTRACTOR the expense of said contract for labor, materials, tools, equipment and expenses incident thereto. The expense so charged shall be deducted by the OWNER out of such monies as may be due or may at any time thereafter become due the CONTRACTOR under and by virtue of the Contract or any part thereof. The OWNER shall not be required to obtain the lowest bid for the work of completing the contract, but the expenses to be deducted shall be the actual cost of such work. In case such expense is less than the sum which would have been payable under the Contract if the same had been completed by the CONTRACTOR, then in such case the OWNER may pay the CONTRACTOR the difference in the cost, provided that the CONTRACTOR shall not be entitled to any claim for damages or for loss of anticipated profits. In case such expense shall exceed the amount which would have been payable under the Contract if the same had been completed by the CONTRACTOR, the CONTRACTOR and its surety shall pay the amount of the excess to the OWNER on notice from the OWNER for excess due including any costs incurred by the OWNER, such as inspection, legal fees and liquidated damages. When any particular part of the work is being carried on by the OWNER by contract or otherwise under the provisions of this section, the CONTRACTOR shall continue the remainder of the work in conformity with the terms of the Contract and in such manner as not to hinder or interfere with the performance of workers employed as above provided by the OWNER or surety. 108.10. SUSPENSION BY COURT ORDER AGAINST THE OWNER The CONTRACTOR shall suspend such part or parts of the work pursuant to a court order issued against the OWNER and shall not be entitled to additional compensation for anticipated profits, overhead, delay damage or any other form of compensation by virtue of such court order; neither shall the CONTRACTOR be liable to the OWNER in the event the work is suspended by such court order, unless such suspension is due to the fault or negligence of the CONTRACTOR. 108.11. TERMINATION FOR CONVENIENCE OF THE OWNER 108.11.1. Notice of Termination. The performance of the work under this Contract may be terminated by the OWNER in whole or from time to time in part, in accordance with this section, whenever the OWNER shall determine that such termination is in the best interest of the OWNER. Any such termination shall be effected by serving in accordance with II;�eirt�,,,,105.8,;;, Service of Notices a notice of termination to the CONTRACTOR specifying the extent to which performance of work under the Contract is terminated, and the date upon which such termination becomes effective. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the OWNER regarding such discretionary action. 108.11.2. CONTRACTOR Action. After receipt of a notice of termination, and except as otherwise directed by the OWNER, the CONTRACTOR shall: (1) stop work under the Contract on the date and to the extent specified in the notice of termination; (2) place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion the work under the Contract as is not terminated; (3) (terminate all subcontracts, purchase orders or options to the extent that they relate to the performance of work terminated by the notice of termination or at the OWNER's written request, deliver and assign to the OWNER, or any person or entity acting on the OWNER's behalf, any or all subcontracts, purchase orders and options made by CONTRACTOR in the performance of the work, and deliver to the OWNER true and correct originals and copies of such Contract Documents; 108-6 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 (4) transfer title to the OWNER and deliver in the manner, at the times, and to the extent, if any, directed by the OWNER: a. the fabricated or un-fabricated parts, work in process, completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of termination; and b. the completed or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the OWNER. (5) complete performance of such part of the work as shall not have been terminated by the notice of termination; and (6) take such action as may be necessary, or as the OWNER may direct, for the protection and preservation of the property related to its Contract which is in the possession of the CONTRACTOR and in which the OWNER has or may acquire an interest. At a time not later than 30 days after the termination date specified in the notice of termination, the CONTRACTOR may submit to the OWNER a list, certified as to the quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by the OWNER. Not later than 15 calendar days thereafter, the OWNER shall accept title to such items and remove them or enter into a storage agreement covering the same, provided that the list submitted shall be subject to verification by the OWNER upon removal of the items, or, if the items are stored, within 45 calendar days from the date of submission of the list, and provided that any necessary adjustments to correct the list as submitted shall be made prior to final settlement. 108.11.3. Termination Claim. Within 60 days after notice of termination, the CONTRACTOR shall submit its termination claim to the OWNER in the form and with the certification prescribed by the OWNER. Unless one or more extensions in writing are granted by the OWNER upon request of the CONTRACTOR, made in writing within such 60-day period or authorized extension thereof, any and all such claims shall be conclusively deemed waived. 108.11.4. Amounts. Subject to the provisions of II;teir�,,,,1.08,,,,1„1,,,.3". Termination Claim, the CONTRACTOR and OWNER may agree upon the whole or any part of the amount or amounts to be paid to the CONTRACTOR by reason of the total or partial termination of work pursuant hereto, provided that such agreed amount or amounts shall never exceed the total Contract price as reduced by the amount of payments otherwise made and as further reduced by the Contract price of work not terminated. The Contract shall be amended accordingly, and the CONTRACTOR shall be paid the agreed amount. No amount shall be due for lost or anticipated profits. Nothing in Iltgir�._j.0..j_j ., Failure to Agree hereunder, prescribing the amount to be paid to the CONTRACTOR in the event of failure of the CONTRACTOR and the OWNER to agree upon the whole amount to be paid to the CONTRACTOR by reason of the termination of work pursuant to this section, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the CONTRACTOR pursuant to this paragraph. 108.11.5. Failure to Agree. In the event of the failure of the CONTRACTOR and the OWNER to agree, as provided in Ilteir�._j.0..j_j .4.,, Amounts, upon the whole amount to be paid to the CONTRACTOR by reason of the termination of work pursuant to this section, the OWNER shall determine, on the basis of information available to it, the amount, if any, due to the CONTRACTOR by reason of the termination and shall pay to the CONTRACTOR the amounts determined. No amount shall be due for lost or anticipated profits. The OWNER's determination shall be final. 108.11.6. Deductions. In arriving at the amount due the CONTRACTOR under this section, there shall be deducted (a) all unliquidated advance or other payments on account theretofore made to the CONTRACTOR, applicable to the terminated portion of this Contract; (b) any claim which the OWNER may have against the CONTRACTOR in connection with this Contract; and (c) the agreed price for or the proceeds of sale of any materials, supplies or other things kept by the CONTRACTOR or sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the OWNER. 108.11.7. Adjustment. If the termination hereunder be partial prior to the settlement of the terminated portion of this Contract, the CONTRACTOR may file with the OWNER a request in writing for an equitable adjustment of the price or prices specified in the Contract relating to the continued portion of the Contract 108-7 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 (the portion not terminated by the notice of termination), and such equitable adjustment as may be agreed upon shall be made in such price or prices; nothing contained herein, however, shall limit the right of the OWNER and the CONTRACTOR to agree upon the amount or amounts to be paid to the CONTRACTOR for the completion of the continued portion of the Contract when said Contract does not contain an established Contract price for such continued portion. 108.11.8. No Limitation of Rights. Nothing contained in this section shall limit or alter the rights, which the OWNER may have for termination of this Contract under II.f':.2J22-- ....,: CONTRACTOR Default: OWNER's Right to Suspend Work and Annual Contract or any other right which OWNER may have for default or breach of Contract by CONTRACTOR. 108.12. CLAIMS AGAINST OWNER AND ACTION THEREON No claim against the OWNER under the Contract or for breach of the Contract or additional compensation for extra or disputed work shall be made or asserted against the OWNER under the Contract or in any court action except pursuant to the provisions of Ilteir�._1.0 . Payment for Extra Work, Il.teinn 104...3.. Disputed Work and Claims for Additional Compensation, and Iltgir�.-1.04...4. Performance of Extra or Disputed Work, and unless the CONTRACTOR shall have strictly complied with all requirements relating to the giving of notice and information with respect to such claim as required under said sections. The requirements cannot be waived by the OWNER's representative, and are not waived by a claimed breach of contract by the OWNER. 108.13. USE OF COMPLETED PORTIONS OF WORK The OWNER may, after written notice to the CONTRACTOR, and without incurring any liability for increased compensation to the CONTRACTOR, take over and use any completed portion of the work prior to the final completion and acceptance of the entire work included in the Contract, and notwithstanding that the time allowed for final completion has not expired. The CONTRACTOR shall not object to, nor interfere in any way with, such occupancy or use after receipt of the OWNER's written notice. Immediately prior to such occupancy and use, the OWNER shall inspect such portion of the work to be taken over and shall furnish the CONTRACTOR a written statement of the work, if any, still to be done on such part. The CONTRACTOR shall promptly thereafter complete such unfinished work to permit occupancy and use on the date specified in the OWNER's written order, unless the OWNER shall permit specific items of work to be finished after the occupancy and use by the OWNER. The provisions in the last two paragraphs above shall not apply to portions of roads, streets, bridges or detours upon which traffic is diverted to enable the continuation of the Contract work. Neither such usage, as performed under this section, nor the written statement of work still to be done shall be held in any way as an acceptance of said work or structure or any part thereof, nor as a waiver of any of the provisions of these specifications or other Contract Documents pending final completion and acceptance of the work; all necessary repairs and removals of any section of the work so put into use, due to the defective materials or workmanship or to operations of the CONTRACTOR, shall be performed by the CONTRACTOR at its own expense. In the event the CONTRACTOR is unreasonably delayed by the OWNER exercising its rights under this section, the CONTRACTOR may submit a request for an extension of time under Item 108.3.,: Delays; Extension of Time; Liquidated Damages; no additional compensation or delay damages will be paid. 108-8 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 ITEM 109. MEASUREMENT AND PAYMENT 109.1. PAYMENT FOR LABOR AND MATERIAL; NO LIENS The CONTRACTOR shall furnish payrolls and personnel records, which pertain to this current Contract with the OWNER for the purpose of ascertaining compliance with minimum wage rates published by the OWNER. Monthly and final estimates for payment will not be processed unless the CONTRACTOR complies with this requirement in a timely manner. The CONTRACTOR for itself or any of its SUBCONTRACTORS shall pay all indebtedness, which may become due to any person, firm or corporation having furnished labor, material or both in the performance of this Contract. It shall be the responsibility of each person, firm or corporation claiming to have furnished labor, materials or both, in connection with this Contract, to protect its interest in the manner prescribed by applicable laws of the State of Texas, provided, however, that as this Contract provides for a public works project, no lien of any kind shall ever exist or be placed against the work or any portion thereof, or any public funds or retainage held by the OWNER; and any SUBCONTRACTOR shall look solely to the CONTRACTOR and the payment bond surety, and not the OWNER, for payment of any outstanding amounts due for labor, materials or any other indebtedness in connection with the work. If the CONTRACTOR or SUBCONTRACTOR or supplier places a lien against the work or a portion thereof then the CONTRACTOR shall cause the removal of the lien. However, the OWNER may, at any time prior to making final payment, require the CONTRACTOR to furnish a Consent of Surety to any payment due the CONTRACTOR for completed work and may, at the discretion of the OWNER or the request of the Surety, make the check jointly payable to the CONTRACTOR and the Surety. The OWNER may conduct random sampling of wage rates on each CONTRACT. The OWNER may interview the CONTRACTOR'S and CONTRACTOR'S SUBCONTRACTOR's employees in the field to verify the employee is working in and being paid for the classification shown on the payroll. In instances of noncompliance, the OWNER MAY initiate action as outlined in the CONTRACT Documents. 109.2. PAYMENT FOR MATERIALS 109.2.1. Materials On -Hand. Materials purchased and stored more than 30 days before use may be considered materials on -hand. Payment for such materials shall be made according to Il.f.g.ir�-1-0....,: Monthly Estimate, Partial Payments, Retainage, Final Inspection, Acceptance and Final Payment. 109.2.2. Materials Stored Off -Site. Off -site storage of such materials and payment for off -site storage may be accomplished according to I.eng 106.4Off-Site Storage. 109.2.3. Measurement of Quantities. The determination of quantities of work acceptably completed under the terms of the contract, or as directed by the OWNER in writing, shall be made by the OWNER, based on measurements made by the OWNER. These measurements shall be taken according to the U.S. Standard measurements used in common practice and shall be the actual length, area, solid contents, numbers and weight. 109.3. PAYMENT FOR EXTRA WORK 109.3.1. General. Extra Work done by the CONTRACTOR, as authorized and approved by the OWNER, shall be compensated for in the manner described in this Ilteirt�.-109..3... The compensation provided for Extra Work done constitutes full and final payment for the cost of the Extra Work, which cost is limited to: (1) all reasonable costs of labor, materials, supplies, tools, equipment or machinery rental, power, fuel, lubricants, water and other similar operation expenses (but only for the time that such of the above things are employed or used on such Extra Work) incurred in the performance of the Extra Work, and a ratable proportion of premium expenses for all bonds and insurance required under the Contract, to the extent that the Extra Work would cause an increase in such bond or insurance premiums; and (2) a markup amount of not -to -exceed 15-percent of the above mentioned costs to cover and compensate the CONTRACTOR for profit, overhead, profit -and -overhead markups charged to CONTRACTOR by other SUBCONTRACTORS and suppliers, general supervision, field office expense and all other elements of cost and expense not embraced within the cost of the Extra Work as described in this Ilteir�._1.0. .1., General. No cost of off -site storage shall be included in the above description of cost unless off -site storage has been approved and directed by the OWNER in writing. No other claims or reservations of right as to additional costs, prices, markups, costs not permitted to be 109-1 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 included under this paragraph, disallowed costs or other future additional money or time shall be accepted; each change order shall be specific and final as described in I��eirtt�.-1.04.2..4 Finality of Change Orders. 109.3.2. Method of Determination. The method of determination and payment of cost, or credit to the OWNER, for any Extra Work shall be one of the following: (1) Unit prices agreed on in writing, approved by the OWNER and executed by the OWNER and CONTRACTOR before the Extra Work is commenced, or unit prices already included in the Contract documents, subject to all other conditions of the Contract. Mutual acceptance of a not -to -exceed lump sum properly itemized and supported by sufficient substantiating data to permit evaluation before the Extra Work is commenced, subject to all other conditions of the Contract. (2) A not -to -exceed cost to be determined in a manner agreed upon by the parties plus a mutually acceptable fixed or percentage fee, agreed upon before the Extra Work is commenced and subject to all other conditions of the Contract. (3) The force account method provided in ,Ilteirt�,,,,1,09.3,. ,. Force Account Work. 109.3.3. Force Account Work. If the CONTRACTOR and the OWNER cannot agree to one of the methods of calculating cost provided in Item 109.3.,.2.. Method of Determination above, or if the parties agree to a method but cannot agree to a final dollar figure, or if the CONTRACTOR for whatever reason fails or refuses to sign the Change Order in question, the CONTRACTOR, provided it receives a written order signed by the OWNER, shall promptly proceed with the work involved. Nothing in this paragraph shall be construed to relieve the CONTRACTOR of any obligations it has under the disputed work provisions of llteirm.-1-04.. Disputed Work and Claims for Additional Compensation, and Il.f':.g.i2n 10.4...4.,: Performance of Extra or Disputed Work, and where applicable the CONTRACTOR is still obligated to abide with those Items as well as this Ilteirm_109.3.3. Force Account Work. The cost of the work involved shall then be calculated on a force account basis, on the basis of the actual, reasonable field cost of the work attributable to the changes, plus a reasonable allowance for overhead, profit, markups of other SUBCONTRACTORs and suppliers, general supervision, field office expense and other elements of cost not embraced within the actual field cost as specified herein, such allowance in any case never to exceed 15%. In such case, the CONTRACTOR shall keep a detailed itemized account of the work involved and the actual field cost incurred, in a format acceptable to the OWNER and with such appropriate supporting data as the OWNER may prescribe. Sworn copies of the itemized accounting shall be directed to the OWNER each day during the performance of the force account work. Failure of the CONTRACTOR to submit the sworn -to itemized accounting daily as required herein shall constitute a waiver by the CONTRACTOR of any right to dispute the OWNER'S determination of the amount due the CONTRACTOR for force account work. Actual, reasonable field cost of the work to be charged under this Item 109.3.,.3.. Force Account Work for force account work is limited to the following: (1) The reasonable wages of all workers, foremen, timekeepers, mechanics and laborers, plus costs of social security, old age and unemployment insurance, fringe benefits required by agreement or custom (excluding employee or executive bonuses), and worker's compensation insurance, for the time such labor is actually employed or used on force account work. (2) Reasonable costs of materials, tools, supplies and equipment (but not to include off -site storage unless so approved and directed in writing by the OWNER), whether incorporated or consumed into the force account work. (3) Reasonable rental costs of machinery and equipment, exclusive of hand tools, only for the time actually employed or used on force account work, whether rented from the CONTRACTOR or others. (4) A pro rata portion of premium expenses for all bonds and insurance to the extent force account work would cause an increase in such bond or insurance premiums. Pending final determination of the cost to the OWNER, payment of undisputed amounts on force account shall be included on the monthly estimate as work is completed unless otherwise expressly provided in the written order signed by the OWNER to perform the work. Nothing in this Ilteirm._1.0... Force Account Work shall be construed as directing the CONTRACTOR's means and methods of performing the work in question. 109.3.4. Distinguishing Extra Work. For purposes of this Item or any other provision of the Contract documents that allows a claim for Extra Work, the term "Extra Work" means work that is not reasonably within the scope of the Contract Documents or not otherwise incidental or necessary to performance of the 109-2 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 Contract. The term does not include any change by the CONTRACTOR in the means and methods of performing the Work from that anticipated or bid (even if such change in means or methods is requested or directed by the OWNER), whether or not the change is due to foreseeable or unforeseeable events or conditions, if the intended result or scope of the Work is not expanded or increased. The OWNER shall not be liable for any claim due to a change in the means or methods of construction by the CONTRACTOR, resulting in additional costs, if the OWNER has not changed the plans or specifications and if the intended result and scope of the work required by and reasonably inferred from the Contract Documents remains the same. The OWNER shall also not be liable for any claim for work required in performance of the Contract, without which the Contract could not be completed, notwithstanding that the CONTRACTOR did not contemplate or foresee the degree or amount of work that would be necessary or required to complete the Contract and notwithstanding that it cost the CONTRACTOR more to complete the Contract work than the original Contract price. 109.4. PAYMENT WITHHELD In addition to express provisions elsewhere contained in the Contract, the OWNER may withhold from any payment otherwise due the CONTRACTOR such amount as determined necessary to protect the OWNER's interest, or, if it so elects, may withhold or retain all or a portion of any payment or refund payment on account of: (1) unsatisfactory progress of the work not caused by conditions beyond the CONTRACTOR's control, (2) defective work not corrected, (3) CONTRACTOR's failure to carry out instructions or orders of the OWNER or its representative, (4) a reasonable doubt that the Contract can be completed for the balance then unpaid, (5) work or execution thereof not in accordance with the Contract documents, (6) claim filed by or against the CONTRACTOR or reasonable evidence indicating probable filing of claims, (7) failure of the CONTRACTOR to make payments to any SUBCONTRACTOR or suppliers for material or labor used in the performance of the Work, (8) damage to another CONTRACTOR or OWNER, (9) unsafe working conditions allowed to persist by the CONTRACTOR, (10)failure of the CONTRACTOR to provide work schedules as required by the OWNER, (11)use of SUBCONTRACTORS without the OWNER's approval or, (12)failure of the CONTRACTOR to keep current as -built record drawings at the job site or to turn same over in completed form to the OWNER. When the grounds for withholding payment are removed, payment shall be made for amounts withheld because of them, and OWNER shall never be liable for interest on any delayed or late payment. 109.5. MONTHLY ESTIMATE, PARTIAL PAYMENTS, RETAINAGE, FINAL INSPECTION, ACCEPTANCE AND FINAL PAYMENT 109.5.1. Monthly Estimate. Except as otherwise provided by the Contract, between the 25th day and the last day of each month, the OWNER shall make an approximate estimate of the value of the work done during the month under the specifications. The monthly estimate may include acceptable nonperishable materials as referenced in Il e.. m_1.01...2.., Payment for Materials; such payment shall be allowed on the same percentage basis of the net invoice value as provided hereinafter. The percent retained by OWNER shall normally be up to 10 percent at completion, unless otherwise stated. At the midpoint, or at any subsequent time, If OWNER determines that the progress on the Contract is satisfactory in all respects, it may at its discretion cease to retain additional funds until the completion of the project, or until progress ceases to be satisfactory. The OWNER shall make the sole determination in this matter. Except as otherwise provided by the Contract, between the 25th day and the last day of each month the CONTRACTOR shall make an estimate of the value of the work done during the month under the specifications. The CONTRACTOR shall prepare the estimate on a form approved by the OWNER. The CONTRACTOR shall forward the estimate required above to the OWNER by not later than the last day of the month. The monthly estimate may include acceptable nonperishable materials delivered to and stored at the work site or a storage facility accessible to the OWNER; payment for such stored materials shall be allowed on the same percentage basis of the value as provided hereinafter. The monthly estimate shall also provide such supporting documentation as the OWNER or the other applicable provisions of the specifications may require. 109-3 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 The OWNER shall verify that the CONTRACTOR's estimate matches the total value of work done and acceptable non-perishable materials delivered to the work site or storage facility, based upon the bid proposal prices and quantities measured or verified by OWNER. In the event of a discrepancy between quantities of work as shown in the CONTRACTOR's estimate and measured quantities as shown in the OWNER's verification, the OWNER's determination or measurement shall be final, and the CONTRACTOR's estimate shall be adjusted to reflect the quantities of work as shown by the OWNER'S verification. Payment shall be made by OWNER about thirty (30) days after receipt of the estimate from CONTRACTOR. OWNER shall not be liable for interest on any late or delayed payment caused by any claim or dispute, any discrepancy in quantities as described above, any failure to provide supporting documentation or other information required with the estimate or as a precondition to payment under the Contract, or due to any payment the OWNER has a right to withhold under the Contract. The CONTRACTOR shall furnish to the OWNER such detailed information as OWNER may request to assist in the preparation of monthly estimates. It is understood that the monthly estimates shall be approximate only, and all monthly estimates and partial payments shall be subject to correction in the estimate rendered following the discovery of an error in any previous estimate, and such estimate shall not in any respect be taken as an admission of the OWNER of the amount of work done or of its quality or sufficiency nor as an acceptance of the work or the release of the CONTRACTOR of any of its responsibility under the Contract. 109.5.2. Retainage. As security for the faithful completion of the work by the CONTRACTOR, the OWNER shall retain 15-percent of the total dollar amount of work done on all contracts $25,000.00 and less; 10-percent of the total dollar amount of work done on all contracts in excess of $25,000.00 and less than $400,000.00; five -percent of the total dollar amount of work done on all contracts of $400,000.00 or more. On all contracts in excess of $400,000, the following shall apply: (1) on all contracts in excess when work progress is 80-percent complete, retainage may, at the OWNER's option, be reduced to two percent of the dollar value of all work satisfactorily completed to date (not to include material on hand), provided that the CONTRACTOR is making satisfactory progress and there is no cause of greater retainage as determined by the OWNER; (2) when work progress is substantially complete, the retainage may be further reduced to only that amount necessary to assure completion as determined by the OWNER; (3) if the OWNER determines that the CONTRACTOR is not making satisfactory progress or if there is other specific cause, the OWNER may, at its discretion, reinstate up to the five percent retainage. 109.5.3. Final Inspection and Acceptance. Final inspections and acceptance shall proceed according to I��eir� 105..,: Inspection and Il.f':g.ir 105..10,, Acceptance. 109.5.4. Final Payment. Whenever the improvements provided for by the Contract shall have been completely performed on the part of the CONTRACTOR, as evidenced in the certificate of acceptance obtained according to ,Il�eirt�,,,,105.,1,Q�,;;, Acceptance, and all required submissions provided to the OWNER, a final estimate showing the value of the work shall be prepared by the OWNER as soon as the necessary measurements and computations can be made. All prior estimates upon which payments have been made are subject to necessary corrections or revisions in the final payment. The amount of the final estimate, less any sums that have been previously paid, deducted or retained under the provisions of this Contract, shall be paid to the CONTRACTOR within a reasonable period of time (not to exceed 90 days) after final acceptance and the CONTRACTOR has provided to the OWNER: (1) a consent of surety to final payment; (2) the final CONTRACTOR's Report of SUBCONTRACTOR/Supplier Payment, evidencing that all indebtedness connected with the work and all sums of money due for any labor, materials, apparatus, fixtures or machinery furnished for or used in the performance of the work have been paid or otherwise satisfied, or that the person or persons to whom the same may be respectively due have consented to final payment; and (3) such other affidavits, lien waivers and other documentation as the OWNER may reasonably require to protect its interests. In addition, the CONTRACTOR shall be required to execute the OWNER's standard Affidavit of Final Payment and Release as a precondition to receipt of final payment. 109-4 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS November 2017 The acceptance by the CONTRACTOR of the final payment as aforesaid shall operate as and shall be a release to the OWNER from all claims, damages or liabilities under the Contract, including all SUBCONTRACTOR claims, or claims for additional compensation, for anything done or furnished or relating to the work under the Contract or for any act or neglect of said OWNER relating to or connected with the Contract. All warranties and guarantees shall commence from the date of the certificate of acceptance. No interest shall be due the CONTRACTOR on any partial or final payment or on the retainage. 109.5.5. Compensation and Acknowledgement of Work. The CONTRACTOR shall receive and accept compensation, as herein provided, as full payment for furnishing all labor, tools, material, equipment and incidentals; for performing all work contemplated and embraced under the Contract; for all loss or damage arising out of the nature of the work, or from the action of the elements; for any unforeseen defects or obstruction which may arise or be encountered during the prosecution of the work and before its final acceptance by the OWNER; for all risks of whatever description connected with the prosecution of the work; for all expense incurred by or in consequence of suspension or discontinuance of such prosecution of the work as herein specified; for any infringement of patents, trademarks or copyrights; and for completing the work in an acceptable manner according to the plans and specifications. 109.6. WIRE TRANSFERS Payments to the CONTRACTOR may, at the discretion of the OWNER, be made by wire transfer to a bank of the CONTRACTOR's choice. The CONTRACTOR must furnish the following information: (1) The ABA number of the bank. (2) The CONTRACTOR's account number. (3) Or other such information as may be required by sending and receiving financial institutions. The request must be on the CONTRACTOR's letterhead and signed by an authorized representative of the CONTRACTOR (cannot be a copy). 109-5 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 ITEM 110. AIR QUALITY REQUIREMENT FOR EQUIPMENT As of 2016, ten (10) counties in North Central Texas have been designated by the EPA as being nonattainment for the pollutant ozone, and additional counties are expected to be designated in the near future. As a result, development of an air quality plan, known as the State Implementation Plan (SIP), is required for all nonattainment areas in order to demonstrate how ozone will be reduced to levels compliant with EPA standards. The SIP for the Dallas -Fort Worth nonattainment area includes programs to implement control strategies to all emission sources, including non -road construction equipment sources. To support these efforts, air quality requirements for equipment are applicable to the Contract. 110.1. EQUIPMENT REQUIREMENTS All construction equipment being used to perform work on the Contract shall meet EPA emissions standards of Tier 3 or equivalent, or cleaner. Model Form A.14. Schedule for Phase -In of Tier 1-Tier 4 Non -Road Engines is included in Appendix A. Compliance may be achieved through the use of equipment powered by an EPA -certified engine, through engine repowers, or through the use of retrofits which have been verified by the EPA and/or California Air Resources Board. A list of available retrofits is available online at EPA's website "Verified Technologies List for Clean Diesel." Equipment that meets one or more of the following conditions may be exempt from these requirements: (1) Equipment powered by an engine that is less than or equal to ten (10) years old. (2) Equipment that must be used to fulfill use or reporting requirements for a grant program or other clean air initiative. Documentation of such obligations must be submitted to OWNER for verification. (3) Equipment that is designated as low -use equipment, which is defined as any piece of construction equipment which is used for less than ten (10) hours per week on a single public works contract. A Low - Use Exemption Weekly Reporting Form will be required for all equipment for which this exemption is claimed. Model Form A.15. Low -Use Exemption Weekly Reporting Form is included in Appendix A. (4) Equipment that is being used to address a critical or emergency public works need, including, but not limited to, broken water mains or sanitary sewer lines. This exemption is limited to work performed in a situation in which the procurement of construction services is performed on an emergency basis, as provided for by State law. 110.2. OPERATIONAL REQUIREMENTS All diesel fuel used to perform work on the public works contract shall be Ultra -Low Sulfur Diesel (ULSD) fuel which also complies with Texas Low Emission Diesel (TxLED) program requirements. This may include TxLED- compliant Biodiesel blends. The CONTRACTOR shall limit idling of equipment to no more than five (5) minutes, unless the idling is applicable to one or more of the following exceptions: (1) is being used for emergency response purposes; (2) is idling as a necessary component of mechanical operation, maintenance, or diagnostic purposes; or (3) is idling for the health or safety of the equipment operator. To the greatest extent possible, CONTRACTOR shall stage equipment away from, and minimize operation near, sensitive receptors including, but not limited to, fresh air intakes, hospitals, schools, licensed day care facilities, and residences. 110.3. REPORTING TO OWNER On or before the day construction activity commences, the CONTRACTOR shall submit to the OWNER an inventory report containing identifying data for each piece of equipment to be used on the worksite. A form for submitting such information will be provided by the OWNER. Model Form A.16. Contract Equipment Inventory is included in Appendix A. This inventory may be used by the OWNER or INSPECTOR to conduct site inspections and/or verify compliance with specification elements. If additional equipment is brought on -site after construction begins, the CONTRACTOR shall provide this same inventory information to the OWNER for the new equipment on or before the day it begins work on -site. Reports shall be provided for all equipment used on -site. 110-1 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS November 2017 110.4. ENFORCEMENT All construction equipment used on the job site is subject to inspection by the OWNER at random. CONTRACTOR is responsible for ensuring that all SUBCONTRACTORS meet the requirements of this specification. The provisions of this specification shall be enforced as established in the Terms and Conditions of the Contract. If the provisions of this specification are not met, the OWNER may declare the CONTRACTOR to be in default of the contract. 110-2 [THIS PAGE INTENTIONALLY LEFT BLANK] ITEM 5 SPECIAL CONDITIONS This project shall be constructed in accordance with the TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted September 1, 2024 (hereinafter referred to as the "TxDOT SPECS"), and Division 100 and all remaining provisions of the NCTCOG SPECS, all of which are incorporated herein and made a part of this agreement the same as if written herein; provided that where any discrepancies occur between the Special Conditions and the General Conditions, the Special Conditions shall govern. The Special Conditions are included herein for the purpose of adapting the TxDOT SPECS and NCTCOG SPECS to the project which is the subject to this agreement and of adding thereto such further provisions as may be necessary to state the agreement in its entirety. 5-1 NON-PAY/TEM: COMPETITIVE SEALED PROPOSAL Replace NCTCOG SPEC 103.2. with: Per Texas Gov't Code Ch. 2269 Subchapter D, this project will be bid through Competitive Sealed Proposals. Any references in the contract documents to "bid(s)", "bid bond", "bidders", "offerors" etc. shall be interpreted as referring to these documents and the required documentation related to this competitive sealed proposal. The evaluation process and criteria for ranking order of negotiations shall follow the guidelines listed below. The City will convene a Committee to review and evaluate all submitted proposals and shall rank the Proposals in order of priority for negotiating a construction contract. The City shall use the following procedures: The City shall convene a Proposal Evaluation Committee (Committee) for this project using Competitive Sealed Proposal method of procurement. The Committee shall evaluate all submitted Proposals and rank the Proposals in order of priority for negotiations. • The Committee shall consist of the City Public Works Director, the City Engineer, and the City's consultant, Kimley-Horn and Associates, or other designated representatives. • The Committee shall use the following procedures to evaluate the proposals: o As soon as reasonably possible following the public opening of Proposals, the City will conduct a preliminary examination of each Proposal for compliance with the published requirements. o The Committee shall meet to conduct thorough discussions and evaluations of all Proposals and may select Proposers to be interviewed in person by the Committee. Proposers will be notified of the date, time and location of any interviews. o The Committee shall produce a ranking of Proposers in the order of best value to City of Southlake 5-1 Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements the City. o The Committee shall base its recommended ranking on the information provided in the Proposals, any reference checks conducted, during interviews if conducted, and from personal knowledge. Unless modified by addendum prior to the opening of Proposals, the Committee will utilize the following criteria to rank Proposals: Evaluation Criteria Proposed Contract Amount (50%). Costs that are under the estimated budget for the project by a significant amount may indicate a lack of full understanding of the scope of work; poor estimating practices or use of less experienced labor to accomplish the work. Costs that are significantly over the estimate may result in the City investing more than necessary for the work. Qualifications of Key Project Personnel (15%). The proposal should include a list of key company personnel and their relevant experience in the industry as well as a five-year employment history. Five years' experience in the field should be considered an absolute minimum to qualify for the job. While employment stability with a single firm is very important, the overall experience in the industry is equally important. Both will be considered in the evaluation. Similar Project Experience and Southlake Experience (15%). See Article 2 Item 3c and Article 2 Item 3d. Quality of the Bidder's Goods and Services (15%). This includes an evaluation of previous projects and references that can have a number of issues that ultimately can become critical to a successful project. The following items should be considered in evaluating this point; • The Proposer shall submit a project plan that addresses the need to meet the specified milestones. • The Proposer shall submit a description of proposed methods for maintaining the traffic control throughout the project phasing. • The Proposer shall submit a description of proposed methods for installing the storm drainage and water/sanitary sewer utilities. • Reputation of the Proposer, including familiarity of City and Engineer with the Proposer (5%). For this project, NCTCOG Item 101.1 Definitions, Proposal shall be defined as: Proposal: The written statement or statements duly filed with the OWNER specified in the advertisement for proposals of these specifications by the person, persona, partnership, company, firm, association, or corporation proposing to do the work contemplated, including the approved forms on which the formal competitive sealed proposal for the work are to be prepared. For this project, NCTCOG Item 101.1 Definitions, Proposer shall be defined as: Proposer: Any person, persons, partnership, company, firm, association, or corporation acting directly or through a duly authorized representative submitting a competitive sealed proposal for the work contemplated. City of Southlake 5-2 Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements 5-2 NON -PAY ITEM: CONSTRUCTION STAKES (NCTCOG 105.4) All construction staking for this project shall be provided by the Contractor. The Contractor shall provide competent staff or employ a qualified surveyor. All surveying under this section performed by the contractor shall be done by a Texas Registered Professional Land Surveyor (RPLS). Payment for construction staking shall be considered subsidiary to all other bid items; no additional payment shall be provided. After completion of staking, the Contractor shall furnish survey field notes and cut sheets to the Owner for review. Material testing for this project will be at the expense of the Owner. Facilities for these tests as well as coordination of these tests shall be the responsibility of the Contractor and consist of the following: Cast Test Cylinders for all Cast -In -Place Concrete, provide four (4) test cylinders for every 150 cubic yards of concrete being placed, with a minimum of one set of cylinders per day. Cure and test cylinders at 7 and 28 days per NCTCOG specifications. Cast Test Cylinders for Controlled Low Strength Material (CLSM) per the City Inspector's direction and provisions of SC 5-15 herein, with a minimum of one set of cylinders per day. Test 1 cylinder at 3 days and 2 at 28 days in accordance with provisions of SC 5-15 herein. The Contractor will be responsible for the following tests: • Conduct Mandrel test in accordance with NCTCOG Specifications and City of Southlake requirements. This test shall be considered subsidiary to the project and additional compensation will not be paid. • Perform an exfiltration test on all new sanitary sewer lines & manholes by hydrostatic or pneumatic methods in accordance with NCTCOG Specification and City of Southlake requirements. Compensation shall be per bid item. • Provide a post construction TV inspection of all new sanitary sewer mains prior to the City's acceptance of the lines. Compensation shall be per bid item. 5-4 NON-PAY/TEM: ACCESS TO PRIVATE PROPERTIES Access to adjacent property shall be maintained at all times unless otherwise approved by the OWNER. The Contractor shall not leave open construction pits overnight. "Extended period of time" is defined as overnight, weekends, holidays, or periods of inclement weather. The Contractor shall leave with the Owner the phone numbers of responsible persons available twenty-four (24) hours a day to handle emergencies. 5-5 NON -PAY ITEM: USE OF PRIVATE PROPERTY The Contractor shall not at any time use private property to park or turn around construction vehicles or store equipment and/or materials without the written permission of the property Owner involved. The Contractor shall not at any time use water metered by meters set for the property Owner's use without written permission of the property Owner. Written permissions are to be presented to the Owner upon request. 5-6 NON -PAY ITEM: PROTECTION OF ADJACENT PROPERTY City of Southlake 5-3 Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements The Contractor shall be responsible for the protection of all trees, shrubs and other improvements on the property adjoining the construction site from damage by the Contractor's equipment and men. The Contractor shall be responsible for notifying the property Owners and obtaining written permission in advance of any trimming to be done on the trees. The Contractor shall notify the City of Southlake if any trees, shrubs, or bushes must be removed for construction. No trees will be removed by the Contractor until permission is granted by the Owner or his designated representative. The Contractor will not be allowed to place excess material, forms, equipment, or any other material outside the street right-of-way without written permission of the property Owner, to be presented to Owner upon request. 5-7 NON-PAY/TEM: MAIL, TRASH, AND RECYCLING SERVICES Every effort will be made by the Contractor to ensure that no damage is done to the existing mailboxes and that they are in place each and every day of the construction period so that the property owner's mail service and access to the mailbox is not disrupted. The Contractor shall coordinate access to mailboxes with the Postal Superintendent. To the maximum extent possible, the Contractor shall not interfere with the collection of trash or recycling. If the Contractor's operations cannot avoid conflict with trash or recycling collection, the Contractor shall ensure collection by one of the following means: Residential: Label curbside bin(s) with the street address to which the bin(s) belong using a non- permanent method (such as masking tape or watercolor marker) and move the bin(s) to a location in the immediate vicinity that is collectible (such as up -street, down -street, or across the street), and notify the resident by note taped to the front door or personal conversation to inform the resident of their bin(s) location. Retail/commercial: As much as possible, schedule work on non -collection days for work that must be done in front of commercial trash containers. Where conflict cannot be avoided, coordinate with the property owner and trash/recycling collection company to arrange an alternate pick-up date. • '� e e e i i e e ► •�diZ � All salvageable material shall be designated by and remain the property of the Owner. Any designated salvageable material that is destroyed or damaged due to negligence of the Contractor shall be replaced with new material by the Contractor at no expense of the Owner. Salvage material, unless designated for reuse, shall be returned to a location designated by the Owner. Existing pavers in the median of Carroll Ave shall be salvaged and returned to City. Coordinate with City staff to identify return location. 5-9 NON -PAY ITEM: UTILITY COORDINATION AND PROTECTION (NCTCOG 107.24.4) The Contractor will not have exclusive use of the easement/ROW as this project may require concurrent utility relocations and/or adjustments for electrical, communication, cable television and/or gas lines throughout the construction period. The Contractor will be required to cooperate with other contractors performing this work, and to schedule and sequence construction operations to facilitate utility adjustments and relocations by other contractors, public and private, working within this project. The Owner will, however, make every effort to encourage any conflicting utilities to expeditiously adjust their adjustments/conflicts. Since the Owner has no jurisdictional authority to neither set a time limit upon nor force quick action in utility adjustments of conflicts and relocation of lines, failure on the part of any utility, to expeditiously eliminate the March 25, 2025 - Addendum 3 conflict/adjustments shall not be a basis for a claim to the Owner for delay or lack of production. The Contractor shall protect and save harmless the Owner from any claims whatsoever resulting from damages, injuries, delay, and/or lack of production because of failure upon the part of such utilities to adjust their lines and remove conflicts in a timely manner. This requirement is not intended to deny the Contractor any rights or remedy at law which it may have against utilities or other third parties causing such lack of production. 5-10 NON-PAY/TEM: TRENCH EMBEDMENT & BACKFILL All embedment and backfill shall be in accordance with the City of Southlake standard detail sheet SD-9, "Embedment Details". Trench embedment and backfill shall be subsidiary to pipe bid items. Separate payment for embedment and backfill will not be issued. 5-11 NON -PAY ITEM: CONSTRUCTION WATER (NCTCOG 107.13) Water required for construction shall be provided at the Contractor's expense. Contractor shall contact City of Southlake Public Works and obtain a hydrant meter for use during construction. At project completion, Contractor shall return the hydrant meter and reimburse/pay City for all water used during construction. The Contractor shall not operate any City -owned valve. Upon notifying the Owner's construction inspector, a valve crew will be provided to operate valves necessary for the work. Work to be performed may require draining, pumping and de -watering, and certain operations necessary to complete the work as specified and as indicated on the drawings. It is the intent of these specifications that such draining, pumping and de -watering, and operations shall be the obligation of the Contractor. The Contractor shall provide all necessary pumping, as required by the excavation work specification, to remove all surface water, ground water, leakage, and water from other sources from excavation. Pumping shall be considered a subsidiary item 5-13 NON-PAY/TEM: RETAINAGE (NCTCOG 109.5.2.) Replace NCTCOG SPEC 109.5.2. with: "As security for the faithful completion of the work by the CONTRACTOR, the OWNER shall retain 10-percent of the total dollar amount of work done on a contract less than $5 Million, and 5-percent of the total dollar amount of work done on a contract more that $5 Million as is allowed by Texas Gov't Code Ch. 2252." 5-14 NON-PAY/TEM: WORKING HOURS The work for "CARROLL AVENUE MOBILITY IMPROVEMENTS" shall be allowed from 7:00 AM to 9:00 PM Monday through Friday. On Saturday and Sunday, only work that does not create noise audible at the property line is permitted. Refer to notes in plans for when lane closures are allowed. Contractor will be responsible for any overtime pay generated from this this project for inspectors. 5-15 NON-PAY/TEM: PROJECT CLEAN-UP (NCTCOG 107.25) The Contractor shall be responsible for controlling blowing dust and debris generated from 5-5 Item 5 —Special Conditions March 25, 2025 - Addendum 3 the project site. 5-16 NON-PAY/TEM: MINIMUM WAGE RATES (NCTCOG 109.1) For the work required of this project, the CONTRACTOR and all sub -contractors shall pay his/her employees the prevailing wage rates in accordance with the Texas Government Code, Chapter 2258. The prevailing wage rates determined applicable for this project are the current prevailing wage rate schedules of the United States Department of Labor adopted in accordance with the Davis -Bacon Act (40 U.S.C. Section 276a, et. seq.) and its subsequent amendments for Tarrant County, Heavy Construction Projects General Decision Number: TX20240026 03/01/2024.These prevailing wage rates can be obtained from the following web page: https://sam.gov/wage-determination/TX20240026/1. 5-17 NON-PAY/TEM: INSURANCE REQUIREMENTS (NCTCOG 103.41 Add the following to NCTCOG Item 103.4. Insurance: Insurance shall not include any exclusion that may be relied upon to cause the OWNER not to be covered. All insurance other than Worker's Compensation shall be of the occurrence type. The company shall be acceptable to the OWNER and more specifically shall be adequately capitalized rated and shall be a company admitted in Texas. At the time of the execution of the contract and before commencing work, the CONTRACTOR shall submit to the OWNER a certificate of insurance in the favor of the OWNER with a 30-day notice of cancellation, naming the OWNER as an additional insured and showing that the CONTRACTOR has the coverage required herein. All coverages shall include a waiver of subrogation clause in favor of the OWNER. The certificates of insurance shall show the type, amount, class of operations covered, effective dates, and dates of expiration of policies. Such certificates shall contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered except after thirty (30) days written notice has been received by the OWNER." CONTRACTOR will not be issued a Work Order to commence work on this Contract until he/she has obtained all the insurance required under this section and such insurance has been approved by the OWNER or his representative. CONTRACTOR shall procure and shall maintain during the life of this Contract, insurance coverage as herein specified, and in case of any work sublet, shall require any subcontractor in like manner to secure and maintain such minimum limits of insurance coverage, also. 5-18 NON-PAY/TEM: INSURANCE - WORKERS' COMPENSATION (NCTCOG 103.4.1.1) In addition to the provisions of NCTCOG Item 103.4.1.1. Worker's Compensation, add the following: Workmen's Compensation Insurance: Statutory requirements as specified by the Workmen's Compensation Law of the State of Texas and adopted by the Texas Workers' Compensation Commission per Title 28, TAC §110.110. Workers' Compensation Insurance Coverage: A. Definitions: (1) Certificate of coverage ("certificate") - A copy of a certificate of insurance, a 5-6 Item 5 —Special Conditions March 25, 2025 - Addendum 3 certificate of authority to self -insure issued by the commission or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project for the duration of the project. (2) Building or construction - Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - A Person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage - Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage Agreement - A written agreement on form TWCC-81, form TWCC- 82, form TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project - Includes the time from the beginning of the work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" in §406.096) - Includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity, which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project - Includes the provision of all services related to a building or construction contract for a governmental entity. B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the project for the duration of the project C. The CONTRACTOR must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. 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 5-7 Item 5 —Special Conditions March 25, 2025 - Addendum 3 coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The CONTRACTOR shall obtain from each person providing services on the project and provide to the governmental entity: (1) A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) No later than seven days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The CONTRACTOR shall notify the governmental entity 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. H. 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. I. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: (1) 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; (2) 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; (3) 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; (4) Obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (a) A certificate of coverage, prior to the other person beginning work on the project; and (b) 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; 5-8 Item 5 —Special Conditions March 25, 2025 - Addendum 3 (5) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) Notify the governmental entity 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 (7) 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. J. By signing this contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the governmental entity 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. K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR which entitles the governmental entity 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 governmental entity. In accordance with statutory requirements, the CONTRACTOR shall: (1) Provide coverage for its employees providing services on the project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) Provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) Provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project; (4) Obtain from each person providing services on the project, and provide to the governmental entity: (a) A certificate of coverage, prior to that person beginning work on the project, so the governmental entity 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 contract, 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; 5-9 Item 5 —Special Conditions March 25, 2025 - Addendum 3 (5) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after CONTRACTOR knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) Post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text in Figure 1 provided by the commission on the sample notice, without any additional words or changes: Figure 1: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee" "Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." In NCTCOG Item 103.4.1.1. Worker's Compensation, change the minimum coverage as follows: Each Accident $ 100,000 Disease — Each Employee $ 100.000 Disease — policy limit $ 500,000 5-19 NON-PAY/TEM: INSURANCE - COMMERCIAL GENERAL LIABILITY(NCTCOG 103.4.1.2) In COG Item 103.4.1.2. Commercial General Liability, change the minimum coverage as follows: General Aggregate $ 1,000,000 Products — Components/Operations Aggregate $ 1,000,000 Personal and Advertising Injury $ 600,000 Each Occurrence $ 600,000 Fire Damage (any one fire) $ 50,000 Medical Expense (any one person) $ 5,000 5-20 NON -PAY ITEM: INSURANCE -AUTOMOBILES (NCTCOG 103.4.1.3) 5-10 Item 5 —Special Conditions March 25, 2025 - Addendum 3 In NCTCOG Item 103.4.1.3. Automobiles, change the minimum coverage as follows: Combined Bodily Injury and Property Damage $ 600,000 per occurrence Separate Limits - Bodily Injury $ 250,000 per person Separate Limits - Bodily Injury $ 500,000 per person Separate Limits- Property Damage $ 100,000 5-21 NON-PAYITEM: INSURANCE- UMBRELLA LIABILITY INSURANCE (NCTCOG 103.4.3) In addition to the provisions of NCTCOG Item 103.4.3. "Umbrella" Liability Insurance, add the following: Contract shall obtain, pay for and maintain umbrella liability insurance during the Contract term, insuring the CONTRACTOR for an amount of not less than $1,000,000 per occurrence combined limit for bodily injury and property damage. 5-22 NON-PAYITEM: INSURANCE -CONTRACTOR AGREEMENTS (NCTCOG 103.4.5.3) In addition to the provisions of NCTCOG Item 103.4.5.3. Contract Agreements, add the following: (6) Deductible limits on insurance policies exceeding $10,000 require approval of the CITY; (7) Any of such insurance policies required under this paragraph may be written in combination with any of the others, where legally permitted, but none of the specified limits may be lowered thereby; (8) Prior to commencement of operations pursuant to this Contract, the CONTRACTOR shall furnish the CITY with satisfactory proof that he has provided adequate insurance coverage in amounts and by approved carriers as required by this Agreement; (9) CONTRACTOR shall provide notice of any actual or potential claim or litigation that would affect required insurance coverages to the CITY in a timely manner; (10) CONTRACTOR agrees to either require its Subcontractors to maintain the same insurance coverage and limits as specified for the CONTRACTOR or coverage of Subcontractors shall be provided by the Contract; and (11) Prior to the effective date of cancellation, CONTRACTOR shall deliver to the CITY a replacement certificate of insurance or proof of reinstatement. 5-23 NON -PAY ITEM: NOTICE TO PROCEED AND COMMENCEMENT OF WORK (NCTCOG 103.6) In addition to the provisions of NCTCOG Item 103.6 Notice to Proceed and Commencement of Work, add the following: The Contract Time will commence to run on date indicated on the Notice to Proceed for Construction. A Notice to Proceed for Construction may be given at any time within one hundred eighty (180) days after the Effective Date of the Agreement. 5-11 Item 5 —Special Conditions March 25, 2025 - Addendum 3 A Limited Notice to Proceed for Procurement may be given at any time within thirty (30) days after the Effective Date of the Agreement. The Limited Notice to Proceed for Procurement shall be utilized by the Contractor to process shop drawings, submittals, and procurement of materials for the project. No other work can be performed after receiving the Limited Notice to Proceed for Procurement. If the Contractor elects to commence work, the Notice to Proceed Construction will be issued, and Contract Time will commence to run. 5-24 NON -PAY ITEM: TxDOT PERMIT Contractor required to submit proof of request prior to NTP. Contractor to coordinate with City prior to submitting for TxDOT Permit. 5-25 NON -PAY ITEM: MODIFIED CRITICAL PATH -BASED WORKING DAYS DEFINITION Replace NCTCOG SPEC 101.1 "Definitions", "Working Day" with: Working days will be charged Monday —Friday, excluding recognized holidays, if weather or other conditions permit the performance of the principal unit of work underway, as determined by the City Engineer (or City Inspector), for a period of at least 5 hours between 7:00 A.M. and 9:00 P.M (working hours in accordance with City of Southlake Noise Ordinance; Chapter 11 Article 3). Contractor has the option of working Saturdays, Sundays, and recognized holidays only if approved by the City Engineer. Provide advance notice (at least 10 calendar days) to the City Engineer when scheduling work on Saturday, Sunday, or recognized holiday. If work requiring an Inspector to be present or critical path activities are performed on a Saturday, Sunday, or holiday, and weather and/or other conditions permit the performance of work for at least 5 hours between 7:00 A.M. and 9:00 P.M., a working day will be charged. Final determination of whether a working day will be charged or not charged will be based on the decision of the City Inspector, but Contractor may discuss potential working day charges with City inspector at the beginning of each day if there are uncertainties in how working days will be charged based on the conditions expected for the day. Time extensions shall only be granted if delays directly impact the critical path and prevent the project from meeting the contractual completion date. 5-26 NON -PAY ITEM: CRITICAL PATH SCHEDULE REQUIREMENTS Replace NCTCOG SPEC 108.1 "Progress Schedule" with: Construction Schedule Initial CPM Schedule Submission and Baseline Approval • Submission Deadline: Within 14 calendar days after the Notice to Proceed (NTP), the Contractor shall submit a comprehensive Critical Path Method (CPM) baseline schedule. This schedule must: 1. Clearly define the critical path. 2. Detail all major activities, their durations, and logical sequencing. Activity durations shall not exceed 20 working days without Owner approval. There shall be no open-ended activities (tasks with no logical connection to predecessors or successors). 3. Include procurement activities, material deliveries, and key milestones. 4. Account for weather -sensitive activities and contractual constraints. 5-12 Item 5 —Special Conditions March 25, 2025 - Addendum 3 • Format: each iteration of the schedule shall be submitted in PDF format. • Review & Approval Process: 1. If the initial schedule is found to be deficient or inaccurate, the Contractor shall submit a corrected schedule within 7 calendar days of receiving comments. 2. The Owner's approval of the baseline schedule is required before the first progress payment is issued. 3. Acceptance of the baseline schedule does not relieve the Contractor of responsibility for timely completion or compliance with contract requirements. Monthly Schedule Updates • Update Frequency: The Contractor shall submit monthly CPM schedule updates with each progress payment request. • Update Requirements: Each update must: 1. Reflect actual progress, including actual start and finish dates for completed activities. 2. Identify any changes to the critical path and potential impacts on project completion. 3. Show deviations from the approved baseline schedule and indicate causes of delays. 4. Include a written narrative explaining: • Causes of any delays or sequencing changes. • Impacts on the critical path and forecasted completion date. • Proposed mitigation or recovery strategies. Schedule Review and Acceptance • If an update is found to be deficient or inaccurate, the Contractor shall submit a corrected schedule within 7 calendar days of receiving comments. • The Owner's acceptance of monthly schedule updates does not constitute approval of any time extension requests. Non -Compliance and Withholding of Payments • Failure to Submit the Baseline or Updates: 1. If the Contractor fails to submit the baseline schedule within the required timeframe, the Owner may withhold progress payments until the schedule is received and accepted. 2. Failure to submit monthly updates in accordance with these requirements may result in payment withholdings or additional corrective actions as determined by the Owner. • Deficient Submissions: 1. Schedules that do not comply with these requirements will be returned for correction and must be resubmitted within 7 calendar days. 5-27 NON -PAY ITEM: SHOP DRAWING SUBMITTALS All shop drawings and submittals required in the contract documents shall be submitted for review within 60 days of issuance of Notice to Proceed. 5-28 NON -PAY ITEM: WORKING AREA (NCTCOG 107.22) Add to NCTCOG SPEC 107.22 Working Area with the following: "The CONTRACTOR shall be responsible for providing its own staging areas for materials and equipment." 5-13 Item 5 —Special Conditions March 25, 2025 - Addendum 3 [THIS PAGE INTENTIONALLY LEFT BLANK] BID ITEM DESCRIPTIONS 5-29 BID ITEM DESCRIPTIONS ITEM A-1 (TXDOT 100) — PREPARING ROW All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 100 Preparing Right of Way, unless otherwise specified. Measurement and payment shall be at the unit price bid per lump sum (LS) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-2 (TXDOT 500) — MOBILIZATION (5% MAX) The work under this item shall include the establishment of offices and other facilities on the project site and the movement of personnel, construction equipment and supplies to the project site or to the vicinity of the project site in order to enable the Contractor to begin work on the contract. The cost of all bonds and insurance for the project will also be considered part of this specification. Mobilization will be measured and paid as a lump sum (LS) item and will be paid in partial payment. Partial payments for mobilization shall be paid for at the Total Unit Price as shown in the bid proposal with the regular monthly estimates as follows: a. When 1 % and less than 5% of the adjusted contract amount for construction items is completed, 50% of the mobilization lump sum bid will be paid. b. When 5% and less than 10% of the adjusted contract amount for construction items is completed, 75% of the mobilization lump sum bid will be paid. Previous payments under this section will be deducted from this amount. c. When 10% or more of the adjusted contract amount for construction items is completed, 95% of the mobilization lump sum bid will be paid. Previous payments under this section will be deducted from this amount. d. Payment for the remainder of the lump sum bid for "Mobilization" will be made on the final estimate. Mobilization shall encompass cost for the entire project. The Contractor will be expected to work continuously regardless of franchise utility relocations. If the Contractor stops work for any reason and remobilizes, the cost of remobilization will be at the Contractor's expense. ITEM A-3 (NCTCOG 107.21) — PROJECT SIGN Project signs shall be furnished and installed in accordance with NCTCOG Item 107.21, the detail below (placeholder only, City to provide final sign layout) and all related City of Southlake requirements. During construction, the project signs shall be moved to the various project sites throughout City of Southlake. City of Southlake Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements City of Southlake Caipitall Improvements Program Carroll Avenue Mobility I it I ir0 e rne r�i m For more information, visit CON INECTSOUTHLAKE.COM Supported and approved by your City of Southlake City Council01, This mmui�.*:t mw dedbytheC ya+4r�utrrdBkea 1eh,eTe�, mcr,,.w�,Iy f on55if�i ftlUm tfimUwl the Tart tC.,AV 2M T,V ta1w 8,,.d FhGgr ,_ Measurement for payment shall be at the unit price bid per each (EA) and shall include all labor, equipment, materials, tools, and incidentals required to construct the project sign, complete in place, and maintain it throughout construction. ITEM A-4 (TXDOT 503) — PORTABLE CHANGEABLE MESSAGE SIGN All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 503 Portable Changeable Message Sign, unless otherwise specified. Measurement and payment shall be at the unit price bid per lump sum (LS) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. This item includes the use of 2 portable changeable message signs for the full duration of the project. Exact locations shall be communicated at the pre -construction meeting. ITEM A-5 (TXDOT 110) — EXCAV (ROADWAY) All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 110 Excavation, unless otherwise specified. Measurement and payment shall be at the unit price bid per cubic yard (CY) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. City of Southlake Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements ITEM A-6 (TXDOT 162) — BLOCK SODDING All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 162 Sodding for Erosion Control, unless otherwise specified. Measurement and payment shall be at the unit price bid per square yard (SY) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-7 (TXDOT 160) — FURNISH AND PLACE TOPSOIL (4") All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 160 Topsoil, unless otherwise specified. Measurement and payment shall be at the unit price bid per square yard (SY) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-8 (TXDOT 247) — FL BS (CMP IN PLC)(TY A GR 1-2) (6" FLEXIBLE BASE) ITEM A-9 (TXDOT 247) — FL BS (CMP IN PLC)(TY A GR 1-2) (8" FLEXIBLE BASE) All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 247 Flexible Base, unless otherwise specified. Measurement and payment shall be at the unit price bid per square yard (SY) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-10 (TXDOT 341) — 2" D-GR HMA TY-D PG64-22 ITEM A-11 (TXDOT 341) — 4" D-GR HMA TY-B PG64-22 ITEM A-12 (TXDOT 341) — 5" D-GR HMA TY-B PG64-22 All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 341 Dense -Graded Hot -Mix Asphalt, unless otherwise specified. Measurement and payment shall be at the unit price bid per square yard (SY) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. Item A-13 (TXDOT 360) — CONCRETE PVMT (CONT REINF -CRCP) (8") All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 360 Concrete Pavement, unless otherwise specified. Measurement and payment shall be at the unit price bid per square yard (SY) and shall City of Southlake Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-14 (TXDOT 528) — LANDSCAPE PAVERS All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 528 Landscape Pavers, unless otherwise specified. Measurement and payment shall be at the unit price bid per square yard (SY) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. Base (including concrete), bedding, joint -filling sand, and subgrade rework/compaction required for landscape pavers will not be paid for directly but will be subsidiary to this item. ITEM A-15 (TXDOT 527) — COLORED TEXTURED CONC (81 (INTEGRAL COLORED) All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 527 Colored Textured Concrete, unless otherwise specified. Westwood Brown C-27 color and Yorkstone stamp pattern or similar materials should be used for the colored textured concrete. Contractor shall submit shop drawings for Owner approval prior to construction. All color applications for special concrete shall be integral to the material batch mix process. Measurement and payment shall be at the unit price bid per square yard (SY) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. Item A-16 (TXDOT 529) — CONC CURB (MONO) (6") All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 529 Concrete Curb, Gutter, and Combined Curb and Gutter, unless otherwise specified. Measurement and payment shall be at the unit price bid per linear foot (LF) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-17 (TXDOT 529) — CONCRETE CURB AND GUTTER (TY II) All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 529 Concrete Curb, Gutter, and Combined Curb and Gutter, unless otherwise specified. City of Southlake Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements Measurement and payment shall be at the unit price bid per linear foot (LF) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-18 (TXDOT 531) — CURB RAMPS (TY 7) All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 531 Sidewalks, unless otherwise specified. Measurement and payment shall be at the unit price bid per each (EA) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-19 (TXDOT 531) — CONCRETE SIDEWALK (4") All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 531 Sidewalks, unless otherwise specified. Measurement and payment shall be at the unit price bid per square yard (SY) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-20 (NCTCOG 201. 203. 204) — TREE REMOVAL All work shall be performed as shown in the plans, plan notes, details, and in accordance with NCTCOG Items 201, 203, and 204, unless otherwise specified. City of Southlake Tree Protection Details provided in the plans. Measurement and payment shall be at the unit price bid per each (EA) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-21 (NCTCOG 702) — GRATE INLET All work shall be performed as shown in the plans, plan notes, details, City standard detail SD-7, and in accordance with NCTCOG Item 702, unless otherwise specified. Measurement and payment shall be at the unit price bid per each (EA) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-22 (NCTCOG 502) — RELOCATE EXISTING WATER METER All work shall be performed as shown in the plans, plan notes, details and in accordance with NCTCOG Item 502, unless otherwise specified. City of Southlake Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements Measurement and payment shall be at the unit price bid per each (EA) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-23 (NCTCOG 502.6) - ADJUST EXISTING WATER VALVE TO PROP GRADE All work shall be performed as shown in the plans, plan notes, details and in accordance with NCTCOG Item 502.6, unless otherwise specified. Measurement and payment shall be at the unit price bid per each (EA) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-24 (NCTCOG 502) -ADJUST EXISTING STORM MANHOLE TO PROP GRADE All work shall be performed as shown in the plans, plan notes, details and in accordance with NCTCOG Item 502, unless otherwise specified. Measurement and payment shall be at the unit price bid per each (EA) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-25 (TXDOT 192) — HARDWOOD MULCH (3" DEPTH) (MATCH EXISTING COLOR) All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 192 Landscape Planting, unless otherwise specified. Measurement and payment shall be at the unit price bid per square yard (SY) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-26 (TXDOT 107.28) — EROSION, SEDIMENTATION, AND WATER POLLUTION PREVENTION AND CONTROL (SWPPP) All work shall be performed as shown in the plans, plan notes, details and in accordance with NCTCOG Item 107.28, unless otherwise specified. Prior to the start of work, the Contractor shall develop, in detail, an erosion control plan that conforms to all state and local regulations. Contractor shall provide, install and maintain all necessary erosion control devices during the construction period. An erosion control plan is provided in the plan set. These measures represent minimum erosion control measures. The City Engineering Department and/or inspectors may require additional erosion control devices which shall be subsidiary to the erosion City of Southlake Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements control measures line items. Measurement and payment for this item shall be at the unit price bid per lump sum (LS) and shall be full compensation for all labor, equipment, tools, materials, and incidentals required to implement and maintain erosion control measures, complete in place. Item A-27 (TXDOT 502) — BARRICADES, SIGNS, AND TRAFFIC HANDLING All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 502 Barricades, Signs, and Traffic Handling, unless otherwise specified. Measurement and payment shall be at the unit price bid per lump sum (LS) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. Prior to the start of work, the Contractor shall develop, in detail, a construction schedule and sequence of construction, and traffic control plan that shall cause minimum interference with traffic along, across and adjacent to the project during construction for Onwer review and approval. TCP plans shall be prepared by a Licensed Engineer in the State of Texas. Contractor shall provide, install, and maintain all necessary traffic control devices to ensure a safe work environment during the entire period of construction. A traffic control plan is provided in the plan set. These measures represent minimum traffic control measures. The City Engineering Department and/or inspectors may require additional traffic control measures which shall be subsidiary to this item. TCP measures shall conform to the "Texas Manual on Uniform Traffic Control Devices", Latest Revision. Portable message boards will be required on this project and are to be in place two weeks prior to construction commencement (see Item A-4 Portable Changeable Message Sign). Refer to general notes and TCP plans provided in the plans for additional information. ITEM A-28 (TXDOT 666) — PAVEMENT MARKINGS All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 666 Retroreflectorized Pavement Markings, unless otherwise specified. Measurement and payment shall be at the unit price bid per lump sum (LS) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. City of Southlake Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements This item includes the installation of pavement markings, markers and sealer at the locations shown as well as pavement prep. Raised Pavement Markings are subsidiary to this item. ITEM A-29 (TXDOT 644) — IN SM RD SN SUP&AM TYIOBWGO)SA(P) ITEM A-30 (TXDOT 644) - IN SM RD SN SUP&AM TYS80(1)SA(T) ITEM A-31 (TXDOT 644) — RELOCATE SM RD SN SUP&AM TY 10BWG ITEM A-32 (TXDOT 644) — RELOCATE SM RD SN SUP&AM (SIGN ONLY) All work shall be performed as shown in the plans, plan notes, details, and in accordance with TxDOT Item 644 Small Roadside Sign Assemblies, unless otherwise specified. Measurement and payment shall be at the unit price bid per each (EA) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEM A-33 (NCTCOG 204.1) - LANDSCAPING RESTORATION All work shall be performed in accordance with NCTCOG Item 204.1, unless otherwise specified. Any landscape systems impacted by the project shall be restored to equal or better conditions. This includes restoring any features that will be impacted with the project. Contractor is responsible for videoing existing conditions prior to construction. Contractor shall receive approval from the Owner prior to use of this pay item. This pay item shall not include any landscape improvements that are included or quantified under a separate pay item. Measurement and payment for this item shall be at the unit price bid per lump sum (LS) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. Contractor shall submit a schedule of values to the Owner prior to NTP for landscaping adjustments and restoration prior to construction. ITEM A-34 (NCTCOG 201.2) - IRRIGATION RESTORATION All work shall be performed in accordance with NCTCOG Item 201.2, unless otherwise specified. Any irrigation systems impacted by the project shall be restored to equal or better conditions. This includes all areas impacted with water installation, wastewater installation, pavement replacement, drainage inlets, sidewalk/ramp construction, and any other construction impacting landscape, hardscape, and irrigation systems. This includes restoring any features that will be impacted with the project (i.e. stone edges, walls, planter beds, lighting, flumes, etc.). Contractor is responsible for videoing existing conditions prior to construction. Contractor shall receive approval from the Owner prior to use of this pay item. City of Southlake Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements Contractor shall coordinate with property owners to test existing irrigation systems prior to construction. Measurement and payment for this item shall be at the unit price bid per lump sum (LS) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. Contractor shall submit a schedule of values to the Owner prior to NTP for landscaping adjustments and restoration prior to construction. ITEMS A-35 TO A-66 — VARIOUS TRAFFIC SIGNAL ITEMS All work shall be performed as shown in the plans, plan notes, details, and in accordance with applicable TxDOT Items, unless otherwise specified. Contractor shall submit shop drawings to City for review and approval prior to furnishment and installation. Measurement and payment shall be at the unit price and measurement as shown in the bid form and shall be full compensation for all labor, equipment, tools, materials, shop drawings, and incidentals necessary to complete the work. ITEM A-67 (TXDOT 5191) — WHEEL STOPS All work shall be performed as shown in the plans, plan notes, details, and in accordance with TXDOT Special Specification 5191 Precast Concrete Wheel Stops, unless otherwise specified. Measurement and payment shall be at the unit price bid per each (EA) and shall be full compensation for all labor, equipment, tools, materials, and incidentals necessary to complete the work. ITEMS A-68 TO A-73 — VARIOUS TRAFFIC SIGNAL ITEMS All work shall be performed as shown in the plans, plan notes, details, and in accordance with applicable TxDOT Items, unless otherwise specified. Contractor shall submit shop drawings to Owner for review and approval prior to furnishment and installation. Measurement and payment shall be at the unit price and measurement as shown in the bid form and shall be full compensation for all labor, equipment, tools, materials, shop drawings, and incidentals necessary to complete the work. ITEM A-74 — DETECTABLE WARNING SURFACE FOR SH 114 BRIDGE This item includes furnishing and installing detectable warning surface as shown in the traffic signal plans for a singular specific location. All other detectable warning surface City of Southlake Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements shall be subsidiary to the ramp pay item that is it being installed with. This SH 114 bridge detectable warning surface shall follow TxDOT PED-18 and DMS 4350, and a separate item is provided for this only because it is to be installed on existing pavement. This item shall be constructed, measured, and paid for in accordance with the appropriate TxDOT Items, details, and notes. Contractor shall submit a shop drawing to Owner for review and approval prior to furnishment and installation. Measurement and payment shall be at the unit price bid per each (EA) and shall be full compensation for all labor, equipment, tools, materials, shop drawings, and incidentals necessary to complete the work. ITEM A-75 — PRE-EMPTION CABLE All work shall be performed as shown in the plans, plan notes, details, and City specifications for pre-emption equipment (to be provided by City) and shall match the existing pre-emption equipment already installed at the intersection. Contractor shall submit a shop drawing to Owner for review and approval prior to furnishment and installation. Measurement and payment shall be at the unit price bid per linear foot (LF) and shall be full compensation for all labor, equipment, tools, materials, shop drawings and incidentals necessary to complete the work. ITEM A-76 — PRE-EMPTION CAMERA ASSEMBLY All work shall be performed as shown in the plans, plan notes, details, and City specifications for pre-emption equipment (to be provided by City) and shall match the existing pre-emption equipment already installed at the intersection. Contractor shall submit a shop drawing to Owner for review and approval prior to furnishment and installation. Measurement and payment for this item shall be on a per each (EA) basis and shall be full compensation for all labor, materials, shop drawings and incidentals necessary to complete the work. ITEMS A-77 TO A-87 — VARIOUS TRAFFIC SIGNAL ITEMS All work shall be performed as shown in the plans, plan notes, details, and in accordance with applicable TxDOT Items, unless otherwise specified. Contractor shall submit shop drawings to Owner for review and approval prior to furnishment and installation. Measurement and payment shall be at the unit price and measurement as shown in the City of Southlake Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements bid form and shall be full compensation for all labor, equipment, tools, materials, shop drawings, and incidentals necessary to complete the work. ITEMS A-88 — PTZ CAMERA SYSTEM Contractor shall furnish and install all materials to make the proposed PTZ camera system operational. Refer to plans for additional manufacturer information for PTZ equipment and contact City for additional information. Contractor shall submit a shop drawing to Owner for review and approval prior to fabrication and installation. Measurement and payment shall be at the unit price bid per each (EA) and shall be full compensation for all labor, equipment, tools, materials, shop drawings and incidentals necessary to complete the work. City of Southlake Item 5 —Special Conditions March 25, 2025 - Addendum 3 Carroll Avenue Mobility Improvements [THIS PAGE INTENTIONALLY LEFT BLANK] ITEM 6 CONSTRUCTION CONTRACT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § THIS CONTRACT is made and entered into on this the201hday of —Maly— 2025 by and between the City of Southlake, (hereinafter referred to as "Owner") and referred to as "Contractor"). In consideration of the mutual covenants hereinafter set forth, the Owner and Contractor agree as follows: Article 1. Work The Contractor shall perform all of the work as specified in the Contract Documents. The work is generally described as follows: This project generally consists of constructing intersection improvements to include, but not be limited to, sidewalk, paving, curb ramp, signage, pavement marking, and signal improvements. Plans and Specifications prepared by: Kirnley-Horn and Associates Inc. All extra work shall be performed by the Contractor as specified or indicated in the Contract Documents. At the Contractor's own cost and expense, the Contractor shall furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, bonds, insurance, and other accessories and services as may be necessary in order to complete full and final (100%) construction of the work, as described above and in accordance with the Contract Documents unless otherwise agreed to by the Owner. Article 11. Contract Documents The Contract Documents may only be altered, amended or modified as provided in the General Conditions. The Contract Documents consist of: this written agreement setting forth the work to be performed; advertisement, if any; instructions to bidders, if any; proposal; addendum; specifications, including the general, special and technical conditions, provisions, plans, or working drawings; ally supplemental changes or agreements pertaining to the work or materials therefore; bonds; the Standard Specifications for Public Works Construction published by the North Central Texas Council of Governments, as amended; and, any additional documents incorporated by reference. These form the Contract Documents and all are fully a part of the Contract as if attached to this agreement or repeated herein. Article III. Contract Time The Contractor shall perform and complete full and final (100%) construction of all items of work listed and referred to in the Contract Documents within 190 working days from issuance of the Notice to Proceed for Construction. Article IV. Contract Price The Owner shall pay the Contractor for completion of the work in accordance with the Contract Documents using current funds. Such payments shall be subject to the General and Special Conditions to the Contract, as contained in the Contract Documents. City of Southlake 6-1 Item 6 — Construction Contract Carroll Avenue Mobility Improvements Article V. Miscellaneous Provisions The terms used in this Contract shall have the same meaning as designated in the Gcneral Provisions of the Standard Specifications for Public Works Construction, North Central Texas Council of Governments, as amended. The Contract Documents, which constitute the entire agreement between the Owner and Contractor, are listed in Article 11. No assignment by either party hereto of any rights under or interests in the Conti -act Documents will be binding on the other party hereto without the written consent of the party sought to be bound. The Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives hereto to the covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the Owner and Contractor have executed this Contract in duplicate and on the date aforementioned. All portions of the Contract Documents have been signed or identified by the Owner and Contractor. Af CONTRAC OR: B tle:/' LeJJ4 rinted Name: OWNER: By: Mayor Printed Name: ATTEST: By: City Secretary Printed Name: City of Southlake 6-2 Item 6 — Construction Contract Carroll Avenue Mobility Improvements BOND No. 101349572 STATE OF TEXAS KNOW ALL PERSONS BY THESE PRESENTS: That —TeJas Cutters, LLC (contractor's company) of the City of Decatur County of Wise and the State of Texas —, Hereinafter referred to as Principal, and Merchants National Bonding, Inc, — (surety company) authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bond unto City of Southlal<c (Owner), in the penal suin of Eight Hundred Fort), Seven Thousand, Eight HU11dred Eighty Six and 97/100 Dollars (S 847,886.97 ) (not less than 100% of the approximate total amount of the contract as evidenced in the proposal) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successor,,;, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written Conti -act with the Owner, for the N. Carroll Avenue Mobility Improvements (name of project) 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 Plans and Specifications 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 Chapter 2253 of the Texas Government Code for Public Works, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as i fit 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 plans, specifications, or drawings accompanying the same, shall in any way 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, IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 22h day of May 2025 Tejas Cutters, LLC Princ* 11"x''11111, B Am/ ii", Address 1562 CR #127 Decatur, TX 76234 The name and address of the Resident Agent of Surety is: on. Risk Services Southwest, Inc. Merchants National Bonding, Inc. Surety B Title Robbi Morales, Attorney -in -fact Address 5005 LBJ Freeway, Suite 1400 Dallas, TX 75244 5005 LBJ Freeway) Suite 1400, Dallas, TX 75244 City of Southlal<e 7-1 Item 7 — Performance Bond Carroll Avenue Mobility Improvements Know All Persons NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/bla Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Don sCornell; Josh Saunders; Kelly xWestbrook; Mikoe|aPeppers; Ricardo Jnoyna; RobbiMorales; 8ophinioHunter; Tina Moswan;Tonio Petranek their true and lawful mm contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidefityof persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law, This is granted and is signed mu sealed by facsimile under and by authority of the following adopted by the auem of Directors urMerchants Bonding Company VwumaVonApril xn.un11 and amended August 1f`on10and April 2r.zn24and adopted uythe Board or Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. '7n: pmamen\. Secretary, Tmaourv,, or any Assistant Treasurer or any Assistant Secretary o, any woo President axa|| have power and authority to appoint Attorneys —in —Fact, and to authorize them to execute on behalf of the oompvny, and attach the seal of the Company momm. bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or uartmooUon memm authorizing the execution and delivery of any oonu, unueuownu, recvon|zanm,, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed," In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aUt hority hereby given mthe ^unmey-m-pom includes any and all consents for the m|eaoo of retained percentages and/or final estimates on engineering and construction unn|raua required by the State of Florida oepamnom of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor unum, its aoo|gnae, nxaU not relieve this surety company of any of its obligations under its bond. In cU with obligations in favor ly,authority hereby given to the Attorney -in -Fact cannot be mn u or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of HiCommonwealth orKentucky least thirty (3o) days prior mthe modification orrevocation, In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 29th day of July . 2024 �° McnoxxwTosowo|w000MpAwY(muTuAL) MERCHANTS wxnmmALoowmmm.INC. ~ u/u/a MsnonAwTe NATIONALINDEMNITY COMPANY 2003 1933 ov � . ° .� ��.��.~- , `'`—'''�o ~"��k �'� - ^° rmxmen/ STATE op|ovuA ~'w,'��,^"",~° COUNTY oFoALLAam,. ^^^ On this zmh day of July 2024 before me appeared Larry Taylor, to me personally known, who being uymnduly sworn did say that lie is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf o,the Companies uyauthority mtheir respective Boards mDirectors. -'--~—~ 0 Commission Number 7879S2 My Commission Expires Notary Public (Expiration mnotary's commission does not invalidate this instrument) |. Enoauom aandemfe|u, Secretary of MERCHANTS aVwo|No COMPANY (MUTUAL) and msnCHAwna NATIONAL aoNo|mo. INC., xv hereby certifythat the above and foregoing |satrue and correct copy nf the povvsR-oF-ATToRwsYexecuted uysaid Companies, which instill mfull force and effect and has not been amenuoon,revoked. |nWitness Wheeof,|havohemun\oe$myhandamd affixed the seal o[the Companies onthis day of 11 ""',^ °^°~-,°°~ 40 CO. PDAOO1H (6/24) FOND No. 101349572 STATE OF TEXAS KNOW ALL PERSONS BY THESE PRESENTS: That Texas Cutters, LLC (contractor's company) of the City of Decatur — County of Wise —, and the State of Texas _, as Principal, and Merchants National Bonding, Inc. (surety company) authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bond unto the City of Southlake (Owner), in the penal Will Of Eight Hundred Forty Seven Thousand, Eight Hundred Eighty Six and 97/ioo Dollars ($ 847,886.97 (not less than 100% of the approximate total amount of the contract as evidenced in the proposal) for 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, for the N. Carroll Avenue Mobility Improvements — (name of project) which Conti -act is hereby referred to and made part hereof as fully and to the sarric extent as ireopied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to Principal, or a subcontractor, in the prosecution of the worl< providcd 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 Chapter 2253 of the Texas Government Code for Public Works, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 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 worl(performed (hereunder, or the plans, specifications, or drawings accompanying the same, shall in any way 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 worl< to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 20t.h day of May 2025 Address 1562 CR 4127 Decatur TX 76234 The name and address of the Resident Agent of Surety is: 5005 LBJ Freeway, Suite 1400, Dallas, TX 75244 Merchants National Bonding, Inc, Surety B '70,3 10-1/ Title Robbi Morales, Attorney -in -fact Address 5005 LBJ Freeway, Suite 1400 Dallas, TX 75244 Rick City of Southlal<e 8-1 Item 8 — Payment Bond Carroll Avenue Mobility Improvements M-ERCHAN-71 lftk BONDING COMPANYr,, POWER OF ATTORNEY Know All Persons Vm NATIONAL BONDINGINC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Don sCornell; Josh Saunders; Kelly A Weumnmx; Mikaehpeppom; Ricardo Juoyna;nobmMorales; 6ophinieHunter; Tina muewxn;ronie peoanex their true and (awful its seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, oil behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney iogranted and is signed and sealed uyfacsimile d nu by authority of the following Lawsadnpteu by the Board of Directors mMerchants Bonding Company UNumaVoil April 2a.2n11 and amended August 14.uu1sand April zr`uou4and adopted uytile Board m Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Tmeaum,, or any xoo|o/an/ Treasurer or any aon|atont Secretary or any Vice President o»on have power and authority to appoint Attvmvys-i^pact, and to authorize them to execute on behalf of the cumpany, and attach the seal of the Company murem. bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the c*eouonn and delivery o/ any bvnu, unucnamno, n,ovonizanc:, or other suretyship obligations m mo Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." |nconnection with obligations infavor o,the Florida Department ofTransportation only.i,ioogmouthat\hepvweranu aUton hereby given mthe Attorney -in -Fact includes any and all consents for the release of retained percentages and/or nno| estimates on engineering and construction uun|mma v*qv|reu by the State of Florida Department of Transportation. It is m||y understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the nvnoauo, and/or its assignee, oouU not n,|iv"o this surety company or any of its obligations under its bond. In mi with obligations in favor of the Kentucky Department of Highways only, the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal nm|vo msuch intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (3odays prior mthe modification orrevocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this rn\h day of July .2024 ,^°~~~^~^ MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. u/mamenc*AmTS NATIONALINDEMNITY COMPANY CO �UD� /xuo e� � . President STATE oF|ovvA COUNTY oroALLxoox. '~^ On this 29th day of July 2024 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. A�4\3601 Penni Miller Z Commission Number 787952 10vvP1 My Commission Expires (Expiration of notary's commission does not invalidate this instrument) |, Elisabeth oondnmfe|u, Secretary of MERCHANTS BONDING COMPANY Uw MERCHANTS NATIONAL eowo|wo` INC,, uv hereby certify/xatmeaumeandfoegving|uotmeanuconoctoopymmepovvEn'op-ATToRwsYexoomeuuyoomcnmpanien.mmicmiouiU mfull force and effect and has not been amended n,revoked. InWitness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of °°°—~^°° PDA0018(6/24) ITEM 9 MAINTENANCE BOND BOND No, 101349572 STATE OF TEXAS KNOW ALL PERSONS BY THESE PRESENTS: That Texas Cutters, LLC — (contractor's company) of the City of Decatur County of Wise —, and the State of Texas —, as Principal, and (surety company) authorized under the laws of the Suite of Texas to act as Surety on bonds for principals, are held and firmly bond unto the City of SOUtIllake (Owner), in the penal sum of Eight Hundred Forty Seven Thousand, Eight 11MILINd Eighty Six and 97/100 Dollars ($ 847,886.97 _) (not less than 100% of the approximate total amount of the contract as evidenced in the proposal) for 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, for the N. Carroll Avenue Mobility Improvements (name of project) which Contract is hereby referred to and made part hereof as fully and to the same extent as if copied at length herein. WHEREAS, Under the plans, specifications, and Contract, it is provided that the Principal will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work by the Owner, and to do all necessary repairing and/or reconstructing in Whole Or in part of said improvements that Should be occasioned by settlement of foundation, soil conditions, detective workmanship or materials furnished in the construction or any part thercofor any of the accessories thereto constructed by the Principal. It being understood that the purpose of this bond is to cover said defective work, material, and other conditions and charge the same against the said Principal, and Surety on this bond obligation, and the said Principal and Surety hereon shall be subject to the liquidated damages mentioned in said Contract for each day's failure oil its part to comply with the terms of said provisions of said Contract. Now, therefore, if the said Principal shall keep and perform its obligation to maintain said work and keep the same in repair for the maintenance period of two (2) years, as provided, then these presents shall be uUII and void, and have not further effect, but if default shall be made by the Principal in the performance Ofits Contract to so maintain and repair said work, then these presents shall have full force and effect, and the City ol'Southlake shall have and recover from the Principal and Surety damages in the premises, as provided; and it is Further agreed that this obligation shall be continuing one against the Principal and Surety, hereon, and that successive recoveries may be and had hereon for successive breaches until the full amount of this bond shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected fron-i any cause during said time. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 20t.h day of May 2o 25 Principal ress 1562 CR 4127 Decatur, TX 76234 The name and address of the Resident Agent of Surety is: Merchants National Bondina, Inc. Surety B Title Robbi Morales, Attorn ey-in -fact Address 5005 LBI Freeway, Suite 1400 Rick — Aon Risk Services Southwest, Inc., 5005 LBJ Freeway, Suite 1400, Dallas, TX 75244 NOTE: 1. Power of Attorney must be attached. 2. The Maintenance Bond effective date will begin when the Final Letter of Acceptance is issued by the City City of Southlal<e 9-1 Item 9 Maintenance Bond Carroll Avenue Mobility Improvements ACKNOWLEDGMENT FOR SURETY State of Texas County ofDallas On this -= day ofIV\tq-� before Onepersonally appeared RobbiMorales, known to me to be the person who executed the foregoing instrument as attorney -in -fact for TUD1eG. P8t[8nek Notary Public NOTARY V.WBUG STAU OF TEXAS jr) 12 314720-4 _ MERCHA,Ni7�_ BONDING COMPANY - POWER OF ATTORNEY Know All Persons INC., both being corporations ".the State of towa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called file "compon|enlUnhereby make, constitute and appoint, individually, Don sCornell; Josh Saunders; Kelly AWestbrook; Mikoo|mPeppers; Ricardo JReynm;RobhiMorales; Soph|n|oHunter; Tina McEwon;Tonle Petmnok their true and lawful to sign its mexecute, seal and acknowledge anynu�u��.undertakings, contracts and other written instruments in me nonature�ovrethereof,6n behalf of the Companies in their businessbusiness|�� guaranteeing the fidelityof pam"nu, guaranteeing the performance of contracts and mmuuono or guaranteeing bonds and urmeuamneo required or permitted in any actions o,proceedings allowed bylaw, This Power -of -Attorney is granted and is signed and aee|eu by facsimile under and by authority of ,�c �Qvwk�� -edo`—p�o by �'n uu--um or Directorso,m�x an�aonU�g�nmmmyVNu�oon^pn|a3.uu11 an�amond��uua�14.z�1sand4ph|o20,^andadm---- Directors o/Merchants National Bonding, |nc.unOctober 1n.oO15and amended oil ApriloJ.xoc4. "The President, 8eom\ary, rmosum,, or any Aooiemmt Treasurer or any Assistant Secretary o, any \«oo President shall have power and authority to appoint Auomeys-in'Feu, and to uuthuhra thorn to execute un behalf of tile Cumpany, and attach the oya| of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof," "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any huno, undpomking, vncognizanoe, or other suretyship nb||Qoonno ofthe Company, and Such signature and seal when so used shall have the same force and effect aothough manually mmu.^ |nconnection with obligations infavor "f the Florida Department cdTransportation only, it is agreed that the power and ou\horityhereby given mthe Attorney -in -Fact includes any and all consents for the m|omme of retained percentages and/or onm| estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida oopoomam mT mnopn��|un making payment of the final estimate toContractor�h" Contractor and/or �au�ome. mm|| not m�vn this surety company - mm— ��- its obligations unde,Kubnnd. - In connectionwith obligations to he --- priorwritten~personal notice Of Such intent has been given m the Commissioner - Department ".Highways Commonwealth mKentucky least thirty pudays o tothe modification mrevocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 29th day of July . 2024 """"."""" ^~,-° °^ ^° MERCHANTS BONDING COMPANY (MUTUAL) , MERCHANTS NAOONALBONDING, INC. ~ u/b/a MERCHANTS NATIONALINDEMNITY COMPANY 1933 By '...' ' �°- ��o ^ STATE OF|OVVA ~~~^` COUNTY opoALLxeuo, On this 29tk day of Jul 2024 before appeared Larry did say that he is President of MEMANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrurnent are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. 0 My Commission Expires iowpI (Expiration of notary's commission does not invalidate this Instrument) Notary Public (. Elisabeth Sondorsfe|d. Secretary nrMERCHANTS eomo|wm comP*wY MERCHANTS NATIONAL BONDING,INC.,o h i��mt�*above and �mguing|soUnaand c*ma*th e 'sti|| mfull force and effect and has not been amendedurrevoked, In Witness Whereof, | have hereunto set h and affixed the s�|��the Companies day� . ".- ~ 2003 1933' Secretary .r��r POAOO18(0/24) MERCHANTS ��k BONDING COMPANY. N[K[HANT\8DND|NCCOMPANY (mUTlAt.)'^xEKCHANT3NATIONAL BUND|N�,INC. If You have a problem with a clairn oryOUr premium, call your insurance company first, If you can't work outthe issue, the Texas Department of Insurance may be able to help. Even if you file a complaint with the Texas Department of Insurance, you should also file a complaint or appeal through your insurance company. If You don't, you may lose your right to appeal. Merchants Bonding Company (Mutum|) Toget information orfile acomplaint with your insurance company: Call: Compliance Officer atDOO'678'Dl71 Tollfree:1-AO0'67D-8171 Ema||:egu|oiorygpmerchonts6ondinQ.com Mail: P,O, Box 14498, Des Moines, IA 50306-3498 To get insurance information you may also contact your agent: [oU: The Texas Department mfInsurance Toget help with oninsurance question orfile acomplaint with the state: Call with aquestion: 1-800-252-3439 File a www,tdi.texasgov Email: SUP 88D2TX(i1/1A) A �`"® CERTIFICATE OF LIABILITY INSURANCE ATE (MM/DD/YYYY) D5/l/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Todd Carter First Choice Insurance Partners PHONE 832 437 4J 80 A/C, No Ext : ) (A/C, No): ADDRESS: tocld.ctirtel"(l1tllstchoiceinsilr'ancepai'tnei'S.Ilet 26717 Westheimer Parkway Suite 201 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: ADMIRAL INS CO 24856 Katy TX 77494 INSURED INSURER B : INFINITY CNTY MUT INS CO 13820 INSURER C : EVANSTON INS CO 35378 TEJAS CUTTERS LLC INSURER D : 1562 COUNTY ROAD 4127 INSURER E: INSURER F ; DEC:ATUR TX 76234-5022 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE I OCCUR PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 A Y Y CA00005329701 05/29/2024 05/29/2025 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ❑ JECT PRO- ❑ LOC PRODUCTS -COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT accident) $ BODILY INJURY (Per person) _ $ ANY AUTO R OWNED SCHEDULED AUTOS ONLY AUTOS Y 542-418L)t-97r23-001 U6/23/2024 OG/23/�0�5 BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB X, OCCUR EACH OCCURRENCE $ 1,000,000 C X EXCESS LAB CLAIMS -MADE Y Y APP28871264 05/30/2024 05/30/2025 AGGREGATE $ 1,000,000 DED I I RETENTION $ $ ORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A Y E 1587 E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The general liability contains a blanket additional insured endorsement. Kimley- Horn and Associates Inc. 225 E John Carpenter Fwy Suite 1100 Irving, Texas 75062 CERTIFICATE HOLDER CANCFI_ I_ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Southlake ACCORDANCE WITH THE POLICY PROVISIONS. 1400 Main Street Suite 320 AUTHORIZED REPRESENTATIVE Southlake TX 76092 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD [THIS PAGE INTENTIONALLY LEFT BLANK] ITEM 10 CERTIFICATE OF INSURANCE TO: City of Southlake 1400 Main Street, Suite 270 Southlake, Texas 76092 THIS IS TO CERTIFY THAT Date: Project No.: _ Type of Project: (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 the standard policy noted on reverse side hereof. TYPE OF INSURANCE Policy No. Effective Expires Limits of Liability Workman's Compensation Public Utility Contingent Liability Property Damage Builder's Risk Automobile Other: Umbrella The foregoing Policies (do) (do not) cover all sub -contractors. Locations Covered: Descriptions of Operations Covered: The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than five days after the insured has received written notice of such change or cancellation. Where applicable local laws or regulations require more than five days actual notice of change or cancellation to the assured, the above policies contain such special requirements, either in the body thereof or by appropriate endorsement there to attached. LZA (Name of Insured) Title: City of Southlake 10-1 Item 10 —Certificate of Insurance Carroll Avenue Mobility Improvements ACC R" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/8/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Danna Gosa First Choice Insurance Partners FA PHONE g32 437-4180 A/C, No, Ext : ( ) INC, No): ADDRESS: DannaG@FirstChoicelnsurancePartners.net 26717 Westheimer Parkway Suite 201 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : ADMIRAL INS CO 24856 Katy TX 77494 INSURED INSURER B : INFINITY CNTY MUT INS CO 13820K INSURER C : EVANSTON INS CO 35378 Tejas Cutters, LLC INSURER D : TEXAS MUT INS CO 22945 1562 County Road 4127 INSURER E : INSURER F : Decatur TX 76234 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL a ADV INJURY $ 1,000,000 A CA00005329701 05/29/2024 05/29/2025 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY )/ PRO- /� JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY (Ea accident) $ 1,000,000 x BODILY INJURY (Per person) $ ANY AUTO B OWNED SCHEDULED AUTOS ONLY AUTOS 50010796101 06/23/2024 06/23/2025 BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY DAMAGE (Per accident) $ )C UMBRELLA LAB x OCCUR EACH OCCURRENCE $ 1,000,000 C EXCESS LAB CLAIMS -MADE XOBW10038924 05/30/2024 05/30/2025 AGGREGATE $ 1,000,000 DED I I RETENTION $ $ D ORKERS COMPENSATION ND EMPLOYERS' LIABILITY NY PROPRIETOR/PARTNER/EXECUTIVE Y / N FFICER/MEMBER EXCLUDED? Fy-1 Mandatory in NH) N / A 0002112765 06/26/2024 06/26/2025 ^ STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Location Address: 1562 COUNTY ROAD 4127, DECATUR,TX,76234. The general liability contains a blanket additional insured endorsement. The insurance covered by this certificate will not be canceled or materially altered except after thirty (30) days written notice has been received by the OWNER. Waiver of Subrogation clause in favor of the OWNER. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Southlake ACCORDANCE WITH THE POLICY PROVISIONS. 1400 Main Street Suite 320 AUTHORIZED REPRESENTATIVE Southlake TX 76092 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD [THIS PAGE INTENTIONALLY LEFT BLANK]