SPECIFICATIONS

FOR

CONSTRUCTION

OF

INTERSECTION CAPACITY IMPROVEMENTS (FY 23)

CITY OF McKINNEY

March 27, 2026

Prepared by:

COBB, FENDLEY & ASSOCIATES, INC.

TBPE No. F-274 | TBPLS No. 10046702

Project No.: ST2303 Bid No.: 26-53ITB

THE CONSTRUCTION OF

CITY OF McKINNEY OFFICIALS

MAYOR

Bill Cox

COUNCIL MEMBERS

Justin Beller Patrick Cloutier

Gerê Feltus Rick Franklin Ernest Lynch Michael Jones

CITY MANAGER

Paul Grimes

DIRECTOR OF ENGINEERING

Gary Graham, P.E., PTOE

TABLE OF CONTENTS

SECTION I

LEGAL NOTICE

INSTRUCTIONS TO BIDDERS

SECTION II

NCTCOG SPECIFICATIONS

SPECIAL CONDITIONS

SECTION I

LEGAL NOTICE

City of McKinney, Texas

Advertisement for Bids for The Construction of CIP PROJECT ST2303

Bid # 26-53ITB

The City of McKinney (“City”) is accepting sealed bids for the INTERSECTION CAPACITY IMPROVEMENTS (FY 23), Project No.: ST2303. Bids will be accepted until 2:00 p.m., April 23, 2026, (“Closing Time”) electronically via the City of McKinney’s procurement portal (“Bonfire”) or in person at the City of McKinney Procurement Services Office, 401 E. Virginia Street, McKinney, Texas 75069 (“Procurement Services Office”). Any Bid received at the Procurement Services Office after Closing Time regardless of the cause will be returned unopened.

A non-mandatory pre-bid conference is scheduled for 1:00 PM on April 7, 2026, via Webex meeting https://cityofmckinney.webex.com/cityofmckinney/j.php?MTID=m8d6d4afd950d392242d95586c c27a664 . Representatives of the Owner and Engineer will be present to discuss the Project. The Owner will make available to prospective bidders such Addenda as the Engineer considers necessary in response to issues raised with the Representative during the conference.

Bid opening will occur immediately following the Closing Time inside the Procurement Services Office and will be broadcasted via a Webex meeting. Bidders are strongly encouraged to attend virtually versus in-person by following the Webex meeting details listed in Bonfire.

Electronic copies of Plans, Specifications and related Documents (collectively “Contract Documents”) will be available for download from Bonfire (https://mckinneytexas.bonfirehub.com/)

Hard copies of the Contract Documents will be available at Cobb, Fendley & Associates, Inc.

(CobbFendley), 2801 Network Blvd, #800, Frisco, TX 75034. A set of Contract Documents may be acquired from that office upon Cobb Fendley's receipt of $325.00 per set, which amount is nonrefundable.

Hard copy submissions of Bids are to be addressed to the Procurement Services Office and shall be marked “SEALED BID – INTERSECTION CAPACITY IMPROVEMENTS (FY 23), BID NO.

26-53ITB” on the outside of the envelope.

The City makes no guarantee that any Bids sent via U.S. mail will be picked up from the U.S. Post Office and received at the Procurement Services Office before the Closing Time. It is recommended that Bid are submitted electronically, as noted above, or via an alternate delivery method ensuring timely delivery to the Procurement Services Office. Bidder bears full responsibility for delivering the Bid to the Procurement Services Office before the Closing Time. The mere fact a Bid was dispatched does not equal timely receipt.

https://cityofmckinney.webex.com/cityofmckinney/j.php?MTID=m8d6d4afd950d392242d95586cc27a664 https://mckinneytexas.bonfirehub.com/

In accordance with the Americans with Disabilities Act, it is the policy of the City of McKinney to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including individuals with disabilities. If you are a person with a disability and require information or materials in an appropriate alternative format; or if you require any other accommodation, please contact the ADA Coordinator at least 48 hours in advance of the event.

contact-adacompliance@mckinneytexas.org.

TO APPEAR IN THE MCKINNEY COURIER GAZETTE IN THE FOLLOWING EDITIONS:

FIRST PUBLICATION: March 27, 2026 SECOND PUBLICATION: April 3, 2026 mailto:contact-adacompliance@mckinneytexas.org

INSTRUCTIONS TO BIDDERS

GENERAL

The City of McKinney, Texas (the “Owner”) has adopted the North Central Texas Council of Governments (NCTCOG) Fifth Edition (2023) of the Public Works Construction Standards - North Central Texas (as amended) (the “NCTCOG Specifications”). The NCTCOG Specifications apply to this project, except as otherwise noted herein. In the event of a contradiction or conflict between the NCTCOG Specifications and these Contract Documents, the information in these Contract Documents shall control.

Bidders are specifically directed to become thoroughly familiar with the NCTCOG Specifications prior to submitting a bid. The NCTCOG Specifications may be purchased from:

North Central Texas Council of Governments 616 Six Flags Drive P.O. Box 5888 Arlington, Texas 76005-5888 817/461-3300 (Metro)

Bidders shall complete the following components and submit them with the bid proposal in accordance with the requirements for the bid proposal as set out in the legal notice:

1) Contractor Status Information;

2) Out of State Contractor Compliance to State Law (If Applicable);

3) Statement of Bidding Contractor’s Qualifications and Experience;

4) Statement of Subcontractor’s Qualifications and Experience (See Below);

5) Safety Record Questionnaire & Statement of Bidder’s Safety Experience;

6) Bid Proposal;

7) Bid Schedule (Table 1); and,

8) Bid Bond (in the form attached).

The “Statement of Subcontractor’s Qualifications and Experience” shall be completed at a minimum with the name of each subcontractor intended to perform work on the project when submitted with the bid proposal. Any incomplete or inaccurate subcontractor information shall be completed and/or corrected by the apparent low bidder and the next two lowest bidders (if requested by the City). The completed and/or corrected information shall be submitted to the City on or before 5:00 p.m. of the next business day immediately following the bid opening. Failure to submit the names of such subcontractors and/or timely correction or completion and submittal of the “Statement of Subcontractor’s Qualifications and Experience” in a timely fashion may result in the rejection or disqualification of the bidder’s proposal.

Any bidders obligated by law to register with the Texas Secretary of State must include their filing number on the Contractor Status Form. Responses from entities that are required to register and maintain an active right to transact business in Texas but fail to provide a filing number or lack an active right to transact business, may be deemed non-responsive and subsequently rejected.

I. DEFINED TERMS.

A. Terms used in these Instructions to Bidders are defined in the General Provisions of the NCTCOG Specifications. In addition:

“Engineer” means the City Engineer or their designee.

“Project” means the INTERSECTION CAPACITY IMPROVEMENTS (FY 23) project, Project No.: ST2303.

“Successful Bidder” means the lowest, qualified, responsible Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award.

“Work Order” as used in Item 108 means the notice to proceed issued by the Owner directing the Contractor to begin the Work.

II. COPIES OF CONTRACT DOCUMENTS.

1) Complete sets of the Contract Documents in the number and for the deposit sum, if any, stated in the Advertisement for Bids may be obtained from Engineer.

2) Complete sets of Contract Documents shall be used in preparing Proposals; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents.

3) Owner and Engineer in making copies of Contract Documents available on the above terms do so only for the purpose of obtaining Proposals on the Work and do not confer a license or grant for any other use.

III. QUALIFICATIONS OF BIDDERS

A. Add the following paragraph at the end of current NCTCOG Specifications Item 102.12 as a new paragraph:

Within five (5) business days after Bid Opening, the apparent low Bidder shall submit such evidence as the OWNER may require establishing the Bidder's qualifications to satisfactorily perform the Work included in this Project. Information that may be required shall include the following:

1. Current Financial Statement;

2. Letter of Auditor’s opinion if available;

3. Previous years Balance Sheet, Income Statement and Change of Financial

Position;

4. Other information that may be pertinent to the Bidders qualifications.

Should the Bidder fail to produce evidence satisfactory to the OWNER on any of the foregoing points, they may be disqualified, and the Work awarded to the next Bidder so qualifying.

IV. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

A. Refer to NCTCOG Specifications Items 102.3, 102.4 and 103.1.

The project is located in the City of McKinney, Texas.

B. On request, Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of their Proposal.

C. The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Special Conditions or Drawings.

D. The submission of a Proposal will constitute an incontrovertible representation by the

Bidder that they have complied with every requirement of this Article IV and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

V. INTERPRETATIONS

Bidders desiring further information or interpretation of the Plans or Specifications must make request for such information through the City of McKinney electronic procurement portal, Bonfire, at https://mckinneytexas.bonfirehub.com/, prior to April 16, 2026 at 2:00 p.m. CT. Answers to all such requests will be given in writing to all bidders, in Addendum form, and all Addenda will be bound with, and made a part of, the Contract Documents.

No other explanation or interpretation will be considered official, or binding and the City will not be responsible for any other explanations or interpretations. Should a bidder find discrepancies in, or omissions from the Plans, Specifications, or other Contract Documents, or should they be in doubt as to their meaning, they should at once notify the City in order that a written Addendum may be sent to all bidders. Any Addenda issued prior to forty-eight (48) hours before the opening of bids will be issued via Bonfire. The proposal as submitted by the Contractor will be understood to include any Addenda if such are issued by the City prior to forty-eight (48) hours before the opening of Proposals.

Any correction or change to information entered by bidder on a Proposal form must be initialed and dated by the person(s) preparing said Proposal form. Corrections should be made by striking out the incorrect information and writing or typing the correct information legibly in the margin or nearest available space. “White-out” is not an acceptable method of deleting information.

VI. BID SECURITY

Each Proposal submitted shall be accompanied by an acceptable bidder’s security bond or a bid guaranty in the form of a certified check or cashier’s check made payable to the City of McKinney in an amount not less than 5% of the greatest possible total amount of the Proposal submitted as a guarantee that, if awarded the contract, the Bidder will enter into a Contract and execute all necessary bonds and provide evidence of all required insurance coverage. The bid bond shall be issued in the form provided by the Owner as attached to the Instructions to Bidders (Section I). No alternate bid bond forms will be accepted. If a proposal is submitted electronically, the Bidder shall submit a .pdf (or other electronic format) of the original hard copy of the Bid Bond or bid guaranty with their proposal. If a hard copy of the proposal is submitted, the Bidder shall cause of the original hard copy of the Bid Bond, certified check, or Cashier’s Check to be enclosed with the proposal. All bidders’ security will be retained until a contract has been awarded and executed. See also, NCTCOG Specifications Items 102.5, 102.7 and 102.13.

A Bidder’s failure to include the original hard copy, or a .pdf (or other electronic format) of the original hard copy, of the Bid Bond, certified check, or Cashier’s Check with their proposal prior to bid opening shall be cause for rejection of their bid.

If the Bidder submitted their proposal electronically together with a .pdf (or other electronic format) of the original hard copy, of the Bid Bond, certified check, or Cashier’s Check, the Bidder shall provide the original hard copy thereof to the City’s Procurement Services Department within no more than 24 hours after the earlier of (a) the opening of the bids or

(b) the request of the Procurement Services Department. Failure to timely submit the original hard copy of the Bid Bond, certified check, or Cashier’s Check within such 24-hour period shall be cause for rejection of the bid.

VII. PERFORMANCE, PAYMENT AND MAINTENANCE BONDS

Performance and payment bonds in the 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, will be required upon the forms which are a part of the Contract Documents. In addition to the requirement of NCTCOG Specifications Item 103.3.1.1 that the Performance Bond provide for the repair and/or replacement of all defects due to faulty materials and workmanship that appear within a period of one year from the date of completion and acceptance of the improvement by the Owner, a Maintenance Bond in the amount of 100% of the contract sum covering defects of material and workmanship for two calendar years following the Owner's approval and acceptance of the construction shall also be required upon the forms which are a part of the Contract Documents. The performance, payment, and maintenance bonds shall be issued in the form provided by the Owner as attached to the Construction Agreement (Section II). No alternate performance, payment, and maintenance bond forms will be accepted. Bonds shall be executed by a surety company acceptable to and approved by the Owner, authorized to do business in the State of Texas, and acceptable for underwriting of risks as indicated by the latest revision of Treasury Department Circular 570 listing acceptable sureties on Federal Bonds. The period of the Maintenance Bond shall be two years from the date of acceptance of all work done under the Contract, to cover the guarantee as set forth in the Special Conditions.

VIII. DELAYS AND EXTENSIONS OF TIME

Requests for additional time shall be submitted in accordance with NCTCOG Specifications Item 108.8 and Special Condition 15 and will only be considered if the anticipated workdays, as outlined in NCTCOG Specifications Item 108.8 and Special Condition 15 have not been available. Regular documentation of such causes must be maintained for claims to be valid.

IX. LIQUIDATED DAMAGES

Refer to NCTCOG Specifications Item 108.8.1 and Special Condition 13 for specific information regarding Liquidated Damages

X. BONUSES

Refer to Special Condition 14 for specific information regarding Bonuses available for early completion, if any.

XI. SUBSTITUTE MATERIAL AND EQUIPMENT

Refer to Special Condition 19 for specific information regarding the use of equivalent materials and equipment and NCTCOG Specifications Item 106.1.

XII. SUBCONTRACTORS, ETC.

Refer to NCTCOG Specifications Item 108.5. Additionally, under this Contract no more than 30% of the labor for the Contract Work shall be subcontracted. Bid proposals that exceed this specified subcontracted work percentage shall be considered grounds for the rejection of the bid.

Contractor shall not be allowed to shift Contract Work from the Contractor to one or more subcontractors if such action increases the amount of Contract Work to be performed by subcontractors to an amount greater than 30% of the labor for the Contract Work unless specifically approved in advance and in writing by the Owner. All requests to modify the list of subcontractors, increase the number of subcontractors, or shift work from the Contractor to one or more subcontractors shall be accompanied by an updated written notice of subcontracts.

XIII. PROPOSAL FORM

A. Refer to NCTCOG Specifications Items 102.1, 102.2, 102.4 and 102.10.

B. NCTCOG Specifications Item 102.4 (Preparation of Proposal) shall be amended to eliminate requirements for written prices in ink and words where electronic bid proposal forms are utilized and submitted by the Contractor in lieu of a written proposal. All handwritten submittals shall conform with NCTCOG Specification Item 102.4.

XIV. SUBMISSION OF PROPOSALS

Refer to NCTCOG Specifications Item 102.6.

XV. MODIFICATION AND WITHDRAWAL OF PROPOSALS

Refer to NCTCOG Specifications Item 102.7.

XVI. OPENING OF PROPOSALS

Refer to NCTCOG Specifications Item 102.8.

PROPOSALS TO REMAIN OPEN

XVII.

Refer to NCTCOG Specifications Items 102.7, 103.2 and 103.5.2.

XVIII. AWARD OF CONTRACT

A. Refer to NCTCOG Specifications Items 102.9, 102.10, 103.2, 103.5.1 and 103.6.

B. The CONTRACTOR shall complete the execution of the required performance, payment and maintenance bonds, and Contract, within ten (10) calendar days of such Notice, or the OWNER shall be entitled to the proceeds of the Proposal Guaranty in accordance with NCTCOG Specifications Item 102.5.

XIX. PERFORMANCE AND OTHER BONDS

Refer to the Construction Agreement and the attached forms for Payment, Performance and Maintenance Bonds as well as NCTCOG Specifications Item 103.3.

XX. SIGNING OF AGREEMENT

Refer to NCTCOG Specifications Item 103.5.

XXI. PROTECTION OF THE PUBLIC

For protection and convenience of the public and emergencies, the Successful Bidder shall furnish the Owner with a telephone number at which the Contractor can be contacted 24 hours a day during the entire construction period of this Project. This telephone number shall be furnished to the Owner in writing prior to the beginning of construction.

XXII. GOVERNING DOCUMENTS

The work shall conform to the requirements of these Specifications and the details as shown on the Drawings. These Contract Documents are intended to be complementary.

Requirements of any of the Contract Documents are as binding as if called for by all. In the event of conflict between the Drawings and the Specifications, the interpretation of the Drawings shall have priority. In case of conflict between the referenced Specifications and the Project Specifications, the Project Specifications shall govern.

XXIII. 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 Drawings or as given, save as herein provided, work done without proper inspection, or any extra or unclassified work done without written authority and prior agreement in writing as to prices, shall be done at the Contractor's risk, and will be considered unauthorized, and at the option of the Engineer, may not be measured and paid for, and may be ordered removed at the Contractor's expense. If the Contractor fails to satisfactorily repair, replace or remove the rejected, condemned or unauthorized work or materials immediately upon receipt of written notice, the Engineer will have the authority to cause such remediation to be performed and to deduct the cost thereof from any monies due or to become due to the Contractor.

XXIV. SPECIAL LEGAL REQUIREMENTS

Refer to NCTCOG Specifications Item 107.14 -- State and Local Sales and Use Taxes.

XXV. PRE-BID CONFERENCE

A NON-MANDATORY pre-bid conference is scheduled for 1:00 PM on April 7, 2026, via a Webex meeting at:

https://cityofmckinney.webex.com/cityofmckinney/j.php?MTID=m8d6d4afd950d392242d 95586cc27a664 Representatives of the Owner and Engineer will be present to discuss the Project. The Engineer will distribute to prospective bidders of record such Addenda as the Engineer considers necessary in response to discussions or inquiries arising at the conference.

XXVI. ENGINEER’S OPINION OF PROBABLE CONSTRUCTION COST

The Engineer’s opinion of probable construction cost is $3,818,925.

SECTION II

NCTCOG SPECIFICATIONS

The City of McKinney, Texas has adopted the Fifth Edition (2017) of the Public Works Construction Standards - North Central Texas as amended and published by the North Central Texas Council of Governments (the “NCTCOG Specifications”). The NCTCOG Specifications apply to this Project, except as noted herein. In the case of a contradiction between the NCTCOG Specifications and these Contract Documents, the information in these Contract Documents shall control.

Bidders are specifically directed to become thoroughly familiar with the NCTCOG Specifications prior to submitting a bid. The Specifications may be purchased from:

North Central Texas Council of Governments 616 Six Flags Drive P.O. Box 5888 Arlington, Texas 76005-5888 817/461-3300 (Metro)

Unless otherwise specifically noted on the Plans, or in these Specifications, all applicable sections of the NCTCOG Specifications are in effect. In this case of a contradiction between the NCTCOG Specifications and these Contract Documents, the information in these Contract Documents shall control.

SPECIAL CONDITIONS

GENERAL

DEFINITION OF TERMS

LOCATION OF PROJECT

SCOPE OF WORK

PROSECUTION AND PROGRESS

MEASUREMENT AND PAYMENT

FORMS, PLANS AND SPECIFICATIONS

CONFLICT OF INTEREST

RESERVED

RESERVED

CONSTRUCTION SCHEDULE

REQUEST FOR INFORMATION AND FIELD CHANGES

LIQUIDATED DAMAGES FOR DELAY BY CONTRACTOR

CONSIDERATION FOR EARLY COMPLETION

DELAYS: EXTENSION OF TIME: LIQUIDATED DAMAGES

CHANGE ORDERS

COPIES OF PLANS AND SPECIFICATIONS

REFERENCE SPECIFICATIONS

TRADE NAMES AND MATERIALS

PERMITS AND RIGHTS-OF-WAY

CONCRETE MIX DESIGN

PROJECT MAINTENANCE, PUBLIC CONVENIENCE, AND SAFETY

CLEANUP

GUARANTY AGAINST DEFECTIVE WORK

TESTING AND QUALITY CONTROL

COORDINATION WITH OTHERS

BARRICADES, WARNING SIGNS, DETOURS AND SEQUENCE OF WORK

CITY OF McKINNEY MONUMENTS

DISPOSAL OF WASTE AND SURPLUS EXCAVATION AND CONCRETE

INSPECTION

LIGHTS AND POWER

WAGE RATES

CLAIMS FOR DAMAGES OR INJURY

PAYMENT WITHHELD

COOPERATION OF CONTRACTORS

RESERVED

ANTITRUST

PARTIAL PAYMENTS

GRASS REPAIR

EXCAVATION SAFETY SYSTEMS

IRRIGATION REPAIR

DAMAGES TO CITY PROPERTY

HAZARDOUS MATERIAL(S) INCIDENT

EXISTING FACILITIES

PROJECT VIDEO AND PROJECT INFORMATION SIGNS

STREET CLEANUP AND DUST CONTROL

SEWER PIPE AND WATER MAIN STANDARDS AND SEPARATION

UTILITY SUPPORT(S)

BACKFILL

REMOVAL AND REPLACEMENT OF EXISTING FENCES

RESTORATION

RESTORATION OF PAVEMENT SURFACES

EROSION CONTROL

PROJECT STABILIZATION

CONSTRUCTION STAGING AREAS

REMOVAL AND REPLACEMENT OF STREET AND DRIVEWAY PAVING

JACKING, BORING OR TUNNELING

CONTRACT DOCUMENTS

LINES AND GRADES

RESERVED

SERVICE LATERALS

PUBLIC UTILITY ABANDONMENT REMOVAL AND BYPASS PUMPING

SANITARY SEWER LINE CONNECTION

STEEL ENCASEMENT PIPE

SANITARY SEWER LINE AND MANHOLE TESTING

WATER PIPE

FIRE HYDRANTS

WATER VALVES

WATER SERVICE CONNECTIONS

INCREASED OR DECREASED QUANTITIES OF WORK

AUTHORITY OF THE ENGINEER

WATER FOR CONSTRUCTION

INDEMNIFICATION

SPECIAL PROVISIONS

GENERAL

The work shall be performed in accordance with the Fifth Edition (2017) of the Public Works Construction Standards - North Central Texas as amended and published by the North Central Texas Council of Governments (the “NCTCOG Specifications”) and shall be maintained unless there exists a conflict with the provisions of this section, in which case the Special Conditions shall govern. Construction shall be in accordance with and as indicated on the Plans, City of McKinney Standard Construction Details, the NCTCOG and/or Project Specifications, or in these Special Conditions.

DEFINITION OF TERMS

Engineer: The word “Engineer” in these specifications shall be understood as referring to the Director of Engineering, City of McKinney, 221 N. Tennessee, McKinney, Texas, 75069, Engineer of the OWNER, or such other representatives as may be authorized by said OWNER to act in any particular position.

Working Time: “Working Time” is defined as the time during the day, except holidays (listed below) in which the CONTRACTOR shall be permitted to work. Normal work hours will be 6:00 a.m. to 9:00 p.m. (7:00 AM to 7:00 PM in residential areas) Monday through Friday. CONTRACTOR will be permitted to work weekend hours (excluding City holiday weekends) between 8:00 a.m. and 5:00 p.m. on Saturdays and between 1 pm and 5 pm on Sundays provided CONTRACTOR supplies written notification to the City Inspector of CONTRACTOR’s intent to work and identifies the specific weekend days and hours it plans to work on or before 12:00 noon of the immediately preceding Thursday. If the CONTRACTOR fails to timely notify the City Inspector of CONTRACTOR’s intent to work weekend hours the CONTRACTOR will not be allowed to work. The CONTRACTOR will not be allowed to work City of McKinney holidays unless an exception is given by the City, and it is the CONTRACTOR’s responsibility to verify the City’s holiday schedule. The consequences of work being performed without the benefit of inspection on Saturdays, Sundays or holidays will be the removal of all work performed without the appropriate inspection, as determined by the City Inspector.

The City of McKinney observes the following holidays: New Year’s Day, Martin Luther King, Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day & the Day after Thanksgiving (including the following Saturday and Sunday), and Christmas Eve & Christmas Day. If a holiday falls on a Saturday, the City will observe the holiday on the prior Friday. If a holiday falls on a Sunday, the City will observe the holiday on the following Monday. Therefore, the City will be closed at least 9 days a year for holidays.

Substantial Completion: For the purpose of tracking time, issuing payment of retainage or bonuses and assessing liquidated damages, Substantial Completion shall be defined as the date upon which all scheduled bid items included in the Contract have been constructed or installed completely to allow all facilities to function as designed and the CONTRACTOR has made a request for a walk-through inspection with the City Inspector, the Engineer and the City’s Representative.

Final Completion: For the purpose of tracking time, issuing payment of retainage or bonuses and assessing liquidated damages, Final Completion shall be defined as the date upon which all items identified during the walk through as being incomplete or not functioning as designed (the “punch list”) have been completed or corrected and the CONTRACTOR has requested final acceptance of the Project.

Gantt Chart: A “Gantt Chart” clearly defines the critical construction path. The Gantt Chart shall include each major item of work and the time frame for the initiation, progress and completion of such major items of work.

Weather Days: The phrase “Weather Days” means those days having more than a trace of rain and / or snow on the project as measured and confirmed by the OWNER AND on which days the CONTRACTOR is unable to work as verified by the OWNER. The phrase “Weather Days” does not include days on which the CONTRACTOR or its subcontractors are able to work at least a portion of the day (4 hours or more).

Project: The term “Project” refers to all proposed work/improvements as defined in the approved construction plans for the work activities defined in the Construction Agreement, and as amended through any and all contract changes.

LOCATION OF PROJECT

The Work awarded under this Contract shall include all locations stated or included in the Project.

SCOPE OF WORK

The Work under this Contract includes furnishing all labor, tools, material, and equipment, and for performing all work necessary for the Project, plus additional appurtenances as shown on the Plans or Specifications.

PROSECUTION AND PROGRESS

1. Generally.

NCTCOG Specifications Item 108.8, Delays; Extension of Time; Liquidated Damages shall apply, except as amended in SC.13 LIQUIDATED DAMAGES FOR DELAY BY CONTRACTOR and SC.15 DELAYS: EXTENSION OF TIME:

LIQUIDATED DAMAGES.

2. Monthly Progress Meetings.

In order to facilitate timely prosecution of the Work under NCTCOG Specifications Item 108, monthly progress meetings will be required for this Project.

CONTRACTOR shall have a Project Manager, Supervisor or other person with the power and authority to speak on behalf of and make decisions regarding the

Project that are binding upon the CONTRACTOR. Failure of the CONTRACTOR to be represented at such monthly progress meetings by a person with the power and authority to speak on behalf of and make binding decisions regarding the Project may result in the issuance of a Stop Work Order until such time as the monthly progress meeting can be rescheduled with the attendance of a duly authorized representative of the CONTRACTOR present. CONTRACTOR shall not be entitled to an extension of time for any days that are subject to a Stop Work Order including any days that would otherwise be Weather Days or delays arising from Unforeseeable Causes.

3. Failure to Comply with Contract Documents.

Notwithstanding any other provision of the Contract Documents, specifically including NCTCOG Specifications Item 108, OWNER shall have the right to issue a Stop Work Order to CONTRACTOR should the CONTRACTOR after verbal and/or written warnings or reprimands continue to violate any provision of the Contract Documents. Such Stop Work Order shall be in effect until such time as a meeting is scheduled and held with the Project Manager, Supervisor or other person with the power and authority to speak on behalf of and make decisions regarding the Project that are binding upon the CONTRACTOR and an agreement resolving such violation is attained. CONTRACTOR shall not be entitled to an extension of time for any days that are the subject to a Stop Work Order including any days that would otherwise be Weather Days or delays arising from Unforeseeable Causes. This right to issue a Stop Work Order shall be in addition to all other rights and privileges of the OWNER regarding violations or breaches of the Contract Documents.

MEASUREMENT AND PAYMENT

The quantities for construction are estimated, based on calculated quantities and supplemental documentation as required by the OWNER. Monthly pay estimates to be provided by the CONTRACTOR on a form prescribed by the OWNER will be based on the completion of each unit, as determined by the OWNER's representative. Submittals for payment and payment shall be made in accordance with NCTCOG Specifications Item 109.

FORMS, PLANS AND SPECIFICATIONS

Engineering Plans, Specifications and Contract Documents may be obtained at no charge from registered vendors on the City of McKinney’s electronic procurement portal, Bonfire, at https://mckinneytexas.bonfirehub.com/. Alternatively, they may be purchased from the design engineer as shown on the legal notice at the cost prescribed by the engineering firm. The purchase price is non-refundable. For additional information, please contact the City of McKinney Engineering Department at 972-547- 7400 or contact-engineering@mckinneytexas.org.

mailto:contact-engineering@mckinneytexas.org

CONFLICT OF INTEREST

City Charter states that no member of the City Council or any officer or employee of the OWNER shall have a financial interest, direct or indirect, in any contract with the OWNER, nor shall be financially interested, directly or indirectly, in the sale to the OWNER of any land, or rights or interest in any land, materials, supplies or services.

Any willful violation of this prohibition shall constitute malfeasance in office. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the OWNER shall render the contract voidable by the City Manager, or the City Secretary, or the City Council. The CONTRACTOR represents that no member of the City Council, employee or officer of the OWNER has an interest in the

CONTRACTOR.

RESERVED

CONSTRUCTION SCHEDULE

Prior to starting Work, the CONTRACTOR shall submit a Gantt Chart and proposed schedule for the Work included herein, as required by NCTCOG Specifications Item 108.1, and shall submit any major revisions to this schedule on a monthly basis as the Project progresses and when a major revision occurs. The schedule shall include a construction-phasing plan to ensure minimum interruption of traffic on streets and driveways, as detailed in SC.27 BARRICADES, WARNING SIGNS, DETOURS, AND SEQUENCE OF WORK. The CONTRACTOR shall also provide an updated Gantt Chart and construction schedule no less frequently than one time each month as part of the monthly payment application submission pursuant to NCTCOG Specifications Item 109.5.1, and without which schedule the monthly payment application shall be rejected.

This schedule shall provide for completion of the Project within the contract time provided in the Specifications.

If CONTRACTOR fails to complete the Project within the required contract time the CONTRACTOR shall not be relieved of the obligation to submit updated Gantt Charts and construction schedules as provided herein. Rather, CONTRACTOR shall continue to provide an updated Gantt Chart and construction schedule projecting the anticipated time of completion utilizing the CONTRACTOR’s best efforts, utmost diligence, and all due speed to complete the Project.

No more than one (1) Phase shall be under construction simultaneously without approval of the Engineer. The CONTRACTOR shall apply continuous work on Phase No. 1 until completed, proceed to Phase No. 2 and apply continuous work until completed, proceed to Phase No. 3 and apply continuous work until completed, etc. It is the responsibility of the CONTRACTOR to ensure continuous work/progress for each Phase of the Project. Should major work activities cease in any Phase or

Specific Location longer than 14 days without adequate written notice to the Engineer, the CONTRACTOR shall provide a detailed Gantt Chart to the OWNER for expected recommencement and completion of work in those locations. Failure to provide this information may result in withholding of monthly progress payments by the OWNER.

REQUEST FOR INFORMATION AND FIELD CHANGES

Requests for Information (RFI) shall be submitted to the Design Engineer and copied to the City’s Project Manager. A formal response to each RFI will be provided by the Design Engineer and/or City’s Project Manager.

Field changes, including significant quantity overruns, may be authorized by the City’s Project Manager via e-mail and shall be tracked and aggregated into a later Change Order.

LIQUIDATED DAMAGES FOR DELAY BY CONTRACTOR

The CONTRACTOR understands and agrees that time is of the essence in performing and completing the Work. The OWNER and CONTRACTOR acknowledge that the actual damages the OWNER may sustain if the CONTRACTOR fails to complete the Work on time can be difficult to ascertain. Consequently, the CONTRACTOR agrees to pay to the OWNER the following schedule of liquidated damages, replacing NCTCOG Schedule 108.8.1.(a) Liquidated Damages, for each calendar day that completion of any Work required under the Contract Documents is overdue:

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 1,000.00 Per Day

This amount is payable as reasonable and just compensation for failure to complete the Work on time. This amount is payable as liquidated damages and not as a penalty. In the event that the amount of calculated liquated damages is less than retainage withheld, the assessed amount with be deducted from accumulated retainage upon project closeout.

CONSIDERATION FOR EARLY COMPLETION

No early completion bonus shall be considered for this Project.

DELAYS: EXTENSION OF TIME: LIQUIDATED DAMAGES

In addition to the requirements of NCTCOG Specifications Item 108.8 Delays; Extension of Time; Liquidated Damages, the following provisions shall be applied to Item 108.8 and be incorporated in to the NCTCOG Specifications as Item 108.8.2:

108.8.2 Unforeseeable Cause

The term "unforeseeable cause" as it is used in Item 108.8 shall mean:

1. An act of God in the form of unusually severe weather conditions, including storms, flood, fire or similar event, that could not have been anticipated or guarded against and which materially affects the Work site, including access or egress thereto;

2. A riot or war situation actually involving the site or actually preventing the

CONTRACTOR from working on the site, but not including any situation involving suppliers off-site other than those essential suppliers as supplied to OWNER; * or

3. An unanticipated strike involving the forces actually working on the Project or involving the employees of those essential suppliers, * but no other labor stoppage.

* The CONTRACTOR must identify its essential suppliers in writing within five (5) business days of the Notice to Proceed. Any suppler that is not so identified shall not be considered an essential supplier justifying an extension of time for a delay caused by an Unforeseeable Cause.

No event shall be deemed an Unforeseeable Cause for the purposes of this Agreement unless it actually and directly necessitates a delay in the Work which could not be otherwise remedied by taking reasonably prudent steps, and the CONTRACTOR could not reasonably adjust the schedule of the remaining Work to deal with, make up for, or otherwise work around the delays resulting from the Unforeseeable Cause(s).

Weather Days shall not be considered an Unforeseeable Cause for which an extension of time will be granted unless and except in those months during which the actual number of Weather Days within the month exceed the historical average number of Weather Days for said month. The historical number of Weather Days per calendar month is as follows, based upon regional weather data from the National Weather Service (Dallas / Fort Worth, TX Weather Forecast Office):

Average Weather Days per Month

Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sept. Oct. Nov. Dec.

8 7 8 7 9 7 4 5 6 7 7 7

A notice of claim for delays and extension of time for completion due to Unforeseeable Cause(s) or Weather Days shall be promptly submitted to the OWNER and no later than 14 days after the event(s) giving rise to such claim. The notice shall, in writing, specify the Unforeseeable Cause(s) and the anticipated effect it will have on the CONTRACTOR's abilities to perform its obligations along with a plan to deal with the effects of such Unforeseeable Causes and proposed amendments to all affected schedules and the Gantt Chart necessarily resulting therefrom.

Failure to timely submit a complete notice of claim for delays and extension of time for completion due to Unforeseeable Cause(s) or Weather Days shall result in the denial of a request for extra working time. 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 resulting in the adjustment of the working time, due to any of the factors outlined within this Special Condition and / or NCTCOG Specifications Item 108.8.

CHANGE ORDERS

Change Orders for the performance of extra work under NCTCOG Specifications Item

104.2.3 and/or the provision of extra materials and/or requests for additional time shall be promptly submitted in writing to the OWNER in accordance with NCTCOG Specifications Item 104.2.5 no later than 14 days after occurrence of the event or events giving rise to the need for such extra work and/or extra materials and/or additional time.

All Change Orders shall be supported by an updated Gantt Chart and construction schedule. No extra time shall be granted for additional work unless the additional work is directly related to the critical construction path. In addition, no extra time shall be granted for delays related to work that are outside of the critical construction path.

COPIES OF PLANS AND SPECIFICATIONS

Five (5) sets of Plans and Specifications shall be furnished to the CONTRACTOR, at no charge, for construction purposes. Additional copies may be obtained at the cost of reproduction upon request.

REFERENCE SPECIFICATIONS

Where reference is made in these Specifications, to specifications compiled by others, such reference is made for expediency and standardization from the material supplier's point of view, and such specifications referred to are hereby made a part of these Specifications.

TRADE NAMES AND MATERIALS

No material which has been used by the CONTRACTOR for any temporary purposes whatsoever is to be incorporated in the permanent structure without written consent of the Engineer.

Where materials or equipment are specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality or performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent", "proper", or "equal to" are used, they shall be understood to mean that the thing referred to shall be proper, the equivalent of, or equal to some other thing, in the opinion or judgment of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples.

Notwithstanding that the words "or equal to" or other such expressions may be used in the Specifications in connection with material, manufactured article, or process, the material, article or process specifically designated shall be used, unless a substitute shall be approved in writing by the Engineer, and the Engineer shall have the right to require the use of such specifically designated material, article or process.

PERMITS AND RIGHTS-OF-WAY

The OWNER will provide rights-of-way for the purpose of construction without cost to the CONTRACTOR, by securing permits in areas of public dedication or by obtaining easements across privately owned property. It shall be the responsibility of the CONTRACTOR, prior to the initiation of construction on easements through private property, to inform the property owner of this intent to begin construction. Before beginning construction in areas of public dedication, the CONTRACTOR shall inform the agency having jurisdiction in the area forty-eight (48) hours prior to initiation of the work.

CONCRETE MIX DESIGN

The CONTRACTOR shall submit proposed concrete mix design for each class of concrete to the OWNER for review and acceptance. The mix designs shall be proportioned in accordance with the requirements of A.C.I. 318-08 and include data from field experience and/or trial mixtures with the results of confirmation cylinders. The mix designs and supporting data shall be submitted and accepted at least ten (10) calendar days prior to placing concrete. The mix designs must be signed and sealed by a professional engineer licensed in the state of Texas.

PROJECT MAINTENANCE, PUBLIC CONVENIENCE, AND SAFETY

The CONTRACTOR shall maintain, and keep in good repair and safe order, the locations and improvements covered by these Plans and Specifications during the life of this Contract. This includes, but is not limited to:

1. Daily project cleanup as required and further described in these special conditions.

2. Proper advance notification to any impacted residents or businesses due to direct construction impacts as required and further described in these special conditions.

3. Maintenance and daily inspection of barricades and traffic control devices as required and further described in these special conditions.

4. Routine cleanup and daily inspection of public streets and alleys as required and further described in these special conditions.

5. Maintenance and daily inspection of all temporary erosion control devices as required and further described in these special conditions.

6. Maintenance and implementation of all required tree protection in accordance with the plans.

7. Safe storage of construction equipment and materials.

8. Storage, handling, and disposal of all hazardous or construction materials in accordance with Federal, State, and Local requirements.

9. Protection of private property and city property.

10. Maintenance and cleanup of any construction staging areas.

11. Ensuring safe passage of public and emergency vehicles on public streets and alleys (unless a closure or detour are approved in writing by the Engineer).

12. Providing accommodations for mail delivery and solid waste collections.

13. Ensuring the safety of pedestrians in the work area.

14. Preventing accumulations of dumping, stagnant water, trash, and other unsanitary matter declared a nuisance (City of McKinney Ordinance 70-55)

15. Promptly addressing weeds, brush, and other objectionable or unsightly matter (City of McKinney Ordinance 70-56)

Unless specifically stated in the Project plans and specifications, the CONTRACTOR obligations above are not considered pay items and shall be subsidiary to the Project. The OWNER shall have the right to issue a Stop Work Order to the CONTRACTOR should the CONTRACTOR after repeat verbal and written reprimands continue to violate these conditions. Such Stop Work Order shall be in effect until such time that all noted violations are corrected. The CONTRACTOR shall not be entitled to an extension of time for any days that are the subject to a Stop Work Order including any days that would otherwise be Weather Days or delays arising from Unforeseen Causes.

CLEANUP

1. During Construction.

The CONTRACTOR shall at all times keep the Work site as free from all disposable material, debris, and rubbish as is practicable, and shall remove same from any portion of the Work site when it becomes objectionable or interferes with the progress of the Project, in the opinion of the Engineer or the OWNER. Debris resulting from construction shall not be left on the site after the construction of such Work is completed. Upon completion of particular phases of any concrete pavement improvements which can be used by the traveling public during construction, the joints shall be sawed at the proper time, and within ten (10) calendar days after sawing the joints, the joints shall be sealed, and the pavement shall then be swept clean with a power-driven broom and opened for traffic. Under no circumstances shall the CONTRACTOR leave the joints unsealed unless written permission is given by the Engineer. Whether permission is given or not for the CONTRACTOR to delay sealing the joints, the CONTRACTOR shall sweep and clean up the slab for use by the traveling public. Under no circumstances shall the CONTRACTOR use a completed pavement to stockpile backfill material. During the construction the CONTRACTOR shall not damage improvements on private property, including shrubs, grass, pavement, walks, curbs and fences.

2. Final.

Upon completion of the Work, the CONTRACTOR shall remove from the Work site all plants, materials, tools and equipment belonging to them and restore the Work site with an appearance acceptable to the Engineer and the OWNER. The CONTRACTOR shall thoroughly clean all equipment and materials installed by them and shall deliver over such materials and equipment in a bright, clean, polished, and new-appearing condition.

GUARANTY AGAINST DEFECTIVE WORK

The CONTRACTOR shall indemnify the OWNER against any repairs which may become necessary to any part of the Work performed under the Contract, arising from defective workmanship or materials used therein, for a period of two (2) years from the date of final acceptance of the Work, in accordance with the Performance and Maintenance Bond stipulations.

TESTING AND QUALITY CONTROL

1. Testing of Materials.

Observation of the CONTRACTOR's work to determine compliance with the Plans and Specifications will include testing of material installed on the Project. Testing of work performed, and materials furnished shall be done by an engineering testing laboratory employed by the OWNER. The CONTRACTOR shall use only materials in the Work, which meet the requirements of the Specifications. The OWNER will employ the services of an engineering testing laboratory to make certain inspections and to sample and test the materials to be used in the Work. The CONTRACTOR shall furnish, at their own expense, all necessary specimens for testing of the materials and when requested, shall furnish a complete written statement of the origin, composition, and/or manufacturer of any or all materials that are to be used in the Work. All materials not conforming to the requirements of the Specifications will be rejected.

2. Quality Control.

During the construction, the OWNER will retain the engineering testing laboratory to perform services related to checking the quality of the Work being performed by the CONTRACTOR to determine if the improvements are being constructed in accordance with the Plans and Specifications. THIS QUALITY CONTROL

SERVICE DOES NOT RELIEVE THE CONTRACTOR OF THEIR

RESPONSIBILITY WITH REGARD TO CONSTRUCTING THE WORK IN

ACCORDANCE WITH THE CONTRACT.

THE CONTRACTOR SHALL GIVE THE ON-SITE REPRESENTATIVE OF THE

OWNER SUFFICIENT NOTICE OF THEIR INTENTION TO CONSTRUCT

PORTLAND CEMENT CONCRETE PAVEMENT, STRUCTURAL CONCRETE,

OR HOT MIX ASPHALTIC CONCRETE TO ASSURE THE ADEQUATE QUALITY

CONTROL OF CONSTRUCTION MATERIALS AND WORKMANSHIP.

3. Testing and Quality Control Services.

Testing and Quality Control Services shall include but are not limited to the following:

a. Reinforced Concrete Pavement

(1) Analysis of Aggregates

(2) Decantation Tests on Aggregates

(3) Inspect…