3-LEXINGTON PARK - PROJECT MANUAL - ISSUE FOR BID.pdf

PROJECT MANUAL

BID REQUIREMENTS, CONTRACT REQUIREMENTS, &

TECHNICAL SPECIFICATIONS

LEXINGTON PARK

Account Project No. SP2025-0072

BID No. 2509-126

CITY OF FRISCO

SWA Group

5646 Milton Street, Suite 130 Dallas, Texas 75206

SEPTEMBER 2025

SECTION 00 00 20

CERTIFICATION

LANDSCAPE ARCHITECT: SWA Group.

Landscape Architect's Representative: Zane Busbee, zbusbee@swagroup.com , 214-954-0016.

Landscape Architect's Consultants: Landscape Architect has retained the following design professionals, who have prepared designated portions of the Contract

Documents:

CIVIL ENGINEER: CEC, Inc.

Civil Engineer Representative: Andy Blankenship, Andy.Blankenship@connectcec.com , 918-900-6255.

STRUCTURAL ENGINEER: Falkofske Engineering, Inc.

Structural Engineer Representative: Eric Hegmann, Eric@FALKOFSKE.COM, 817-261-8300.

ELECTRICAL ENGINEER: ME Engineers, Inc.

Electrical Engineer Representative: Tim Nagy, Tim.deNagy@me-engineers.com, 469-802-5678.

IRRIGATION DESIGNER: James Pole Irrigation Consultants.

Irrigation Representative: James Pole, james@jamespoleirrigation.com, 940-243-2364.

TABLE OF CONTENTS

PAGE(S)

SECTION 1 BID REQUIREMENTS

Refer to attached Competitive Sealed Bid Proposal

SECTION 2 CONTRACT REQUIREMENTS

Standard Construction Contract 1-2

Performance Bond 4-5

Payment Bond 6-7

Maintenance Bond 8-9

Certificate of Insurance 10-11

Conflict of Interest Questionnaire 12-13

Contractor's Affidavit of Final Payment and Release 14

General Conditions GC 1 - 55

Special Conditions SC 1 - 4

SECTION 3A CITY STANDARD TECHNICAL SPECIFICATIONS

SECTION 3B CONSULTANT TECHNICAL SPECIFICATIONS

APPENDIX 1 GEOTECHNICAL REPORT

SECTION 1 – BID REQUIREMENTS

SECTION 2 – CONTRACT REQUIREMENTS

Section 2 - Contract Requirements - Page 1 - Standard Construction Contract

STANDARD CONSTRUCTION CONTRACT

STATE OF TEXAS §

§ KNOW ALL MEN BY THESE PRESENTS:

COUNTY OF COLLIN §

THIS CONTRACT is made and entered into on this the day of , 20 by and between the City of Frisco (hereinafter referred to as “OWNER”) and (hereinafter referred to as “CONTRACTOR”). In consideration of the mutual covenants hereinafter set forth, the OWNER and CONTRACTOR agree as follows:

Article I. Work

The CONTRACTOR shall perform all of the Work as specified in the Contract Documents. The Work is generally described as follows: The project consists of the Lexington Neighborhood Park, new construction of a neighborhood park (approx. 7 acres) in Frisco, TX. The park features preserved existing tree areas on the property as well as a variety of park programs that are incorporated around the trees.

Those park programs include but are not limited to structured and passive play areas, large play lawns/fields, a sports court, looping trails, on-street parallel parking, and a shade pavilion.

Plans and specifications prepared by: SWA Group ____________________________________ ________________________________5646 Milton Street, Suite 130 Dallas, 75206 All extra Work shall be performed as specified or indicated in the Contract Documents; and, at the CONTRACTOR’S own cost and expense, the CONTRACTOR shall furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services as may be necessary in order to complete the construction, as described above and in accordance with the Contract Documents unless otherwise agreed to by the OWNER.

Article II. Contract Documents

The Contract Documents may only be altered, amended or modified as provided in the General Conditions. The Contract Documents consist of: this Agreement setting forth the Work to be performed;

advertisement to bidders, instructions to bidders, bid form; addendum, if any; technical specifications; the general and special conditions, plans; any supplemental changes or agreements pertaining to the Work or materials thereof; all bonds referenced in the Contract; and any additional documents incorporated by reference. These form the Contract Documents and all are as 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 all the items of Work listed and referred to in the Contract Documents within 365 calendar days. All limitations of time set forth herein are material and are of the essence of this Contract.

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.

Article V. Debts

The OWNER may, at is option, offset any amounts due and payable under this Contract against any debt (including taxes) lawfully due to OWNER from CONTRACTOR, regardless of whether the amount due arises pursuant to the terms of this Contract or otherwise and regardless of whether or not the debt due to OWNER has been reduced to judgment by a court.

Section 2 - Contract Requirements - Page 2 - Standard Construction Contract

Article VI. Miscellaneous Provisions

The Contract Documents, which constitute the entire agreement between the OWNER and CONTRACTOR, are listed in Article II. No assignment by either party hereto of any rights under or interests in the Contract 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.

The requirements of Subchapter J, Chapter 552, Government Code, apply to this bid and contract and the CONTRACTOR agrees that the contract can be terminated by OWNER if the CONTRACTOR knowingly or intentionally fails to comply with a requirement of that subchapter.

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.

OWNER: CONTRACTOR:

CITY OF FRISCO {BUSINESS NAME}

Printed/Typed Name Printed/Typed Name

Title Title

Attest Attest

(CORPORATE SEAL) (CORPORATE SEAL)

Address for giving notices: Address for giving notices:

City Manager’s Office

5th Floor

6101 Frisco Square Blvd.

Frisco, TX 75034

Engineering Services Department 3rd Floor 6101 Frisco Square Blvd.

Frisco, TX 75034

Section 2 - Contract Requirements - Page 3 - Standard Construction Contract

Section 2 - Contract Requirements - Page 4 - Performance Bond

PERFORMANCE BOND

STATE OF TEXAS §

THAT , a corporation organized and existing under the laws of the State of , and fully authorized to transact business in the State of Texas, whose address is of the City of , County of , State of , (hereinafter referred to as “PRINCIPAL”), and (hereinafter referred to as “SURETY”), a corporation organized under the laws of the State of and authorized under the laws of the State of Texas to act as SURETY on bonds for principals, are held and firmly bound unto City of Frisco, Texas (hereinafter referred to as “OWNER”) in the penal sum of $ (not less than 100% of the approximate total amount of the Contract as evidenced in the proposal of the stated penal sum as an additional sum of money representing additional court expenses, attorneys’ fees, and liquidated damages arising out of or connected with the below identified Contract) in lawful money of the United States, for the payment whereof, the said PRINCIPAL and SURETY bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents:

WHEREAS, the PRINCIPAL has entered into a certain Contract with the OWNER, dated the day of 20 , to which said Contract is hereby referred to and made a part hereof and as fully and to the same extent as if copied at length herein for the construction of

NOW, THEREFORE, the condition of this obligation is such, that if the said PRINCIPAL fully and faithfully executes the Work and performance of the Contract in accordance with the plans, specifications, and Contract Documents, including any extensions thereof which may be granted with or without notice to SURETY, during the original term thereof, and during the life of any guaranty required under the Contract, and according to the true intent and meaning of said Contract and the plans and specifications hereto annexed, if the PRINCIPAL shall repair and/or replace all defects due to faulty materials or workmanship that appear within a period of one year from the date of final completion and final acceptance of the Work by OWNER; and if the PRINCIPAL shall fully indemnify and save harmless the OWNER from all costs and damages which OWNER may suffer by reason of failure to so perform herein and shall fully reimburse and repay OWNER all outlay and expense which the OWNER may incur in making good any default or deficiency, then this obligation shall be void; otherwise, to remain in full force and effect; and in case said CONTRACTOR shall fail to do so, it is agreed that the OWNER may do said Work and supply such materials and charge the same against said CONTRACTOR and SURETY on this obligation. Provided further, that if any legal action be filed on this Bond, venue shall lie in Collin County, Texas.

PROVIDED HOWEVER, that this Bond is executed pursuant to the provisions of Texas

Government Code, Chapter 2253, as amended, and Article 7.19-1 of the Insurance Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said articles to the same extent as if they were fully copied at length herein.

Section 2 - Contract Requirements - Page 5 - Performance Bond

SURETY, for value received, stipulates and agrees that the bond 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 Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. And further 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.

SURETY agrees that the bond provides for the repairs and/or replacement of all defects due to the faulty materials and workmanship that appear within a period of one (1) year from the date of final acceptance of the improvements by the OWNER.

The undersigned and designated agent is hereby designated by SURETY herein as the agent resident to whom any requisite notice may be delivered and on whom service of process may be had in matters arising out of such suretyship.

IN WITNESS WHEREOF, the said PRINCIPAL and SURETY have signed and sealed this instrument on this the day of , 20____.

WITNESS PRINCIPAL

Printed/Typed Name:

Title:

Company:

Address:

WITNESS SURETY

The Resident Agent of the SURETY for delivery of notice and service of process is:

Name:

Phone Number:

Note: Date of Bond must NOT be prior to date of Contract.

Section 2 - Contract Requirements - Page 6 - Payment Bond

PAYMENT BOND

STATE OF TEXAS §

THAT , a corporation organized and existing under the laws of the State of , and fully authorized to transact business in the State of Texas, whose address is of the City of , County of , State of , (hereinafter referred to as “PRINCIPAL”), and (hereinafter referred to as “SURETY”), a corporation organized under the laws of the State of and authorized under the laws of the State of Texas to act as SURETY on bonds for principals, are held and firmly bound unto City of Frisco, Texas (hereinafter referred to as “OWNER”) in the penal sum of $ in lawful money of the United States, for the payment whereof, the said PRINCIPAL and SURETY bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents:

WHEREAS, the PRINCIPAL has entered into a certain Contract with the OWNER, dated the day of 20 , to which said Contract is hereby referred to and made a part hereof and as fully and to the same extent as if copied at length herein for the construction of:

NOW, THEREFORE, the condition of this obligation is such, that the bond guarantees the full and proper protection of all claimants supplying labor and material in the prosecution of the Work provided for in said Contract and for the use of each clamant, and that conversely should the PRINCIPAL faithfully perform said Contract and in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said Contract, agreed to by the PRINCIPAL, and according to the true intent and meaning of said Contract and the claims and specifications hereto annexes, and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to SURETY being hereby waived, then this obligation shall be void;

otherwise, to remain in full force and effect. Provided further, that if any legal action is filed on this Bond, venue shall lie in Collin County, Texas.

PROVIDED HOWEVER, that this Bond is executed pursuant to the provisions of Texas

Government Code, Chapter 2253, as amended, and Article 7.19-1 of the Insurance Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said articles to the same extent as if they were fully copied at length herein.

Section 2 - Contract Requirements - Page 7 - Payment Bond

SURETY, for value received, stipulates and agrees that the bond 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, and 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.

Section 2 – Contract Requirements - Page 8 - Maintenance Bond

MAINTENANCE BOND

STATE OF TEXAS §

THAT , a corporation organized and existing under the laws of the State of , and fully authorized to transact business in the State of Texas, whose address is of the City of , County of , State of , (hereinafter referred to as “PRINCIPAL”), and (hereinafter referred to as “SURETY”), a corporation organized under the laws of the State of and authorized under the laws of the State of Texas to act as SURETY on bonds for principals, are held and firmly bound unto City of Frisco, Texas (hereinafter referred to as “OWNER”) in the penal sum of $ [100% of Final Contract Amount] in lawful money of the United States, for the payment whereof, the said PRINCIPAL and SURETY bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents:

WHEREAS, the PRINCIPAL has entered into a certain written Contract with the OWNER, dated the day of 20 , to which said Contract is hereby referred to and made a part hereof and as fully and to the same extent as if copied at length herein for the consideration of

NOW, THEREFORE, the condition of this obligation is such, that the bond guarantees the full and proper maintenance and repair of the Work herein contracted to be done and performed for a period of two (2) year(s) from the date of final acceptance of the Work under the Contract and PRINCIPAL will do all necessary backfilling that may arise on account of sunken conditions in ditches, or otherwise, and do and perform all necessary Work and repair any defective condition growing out of or arising from the improper laying or construction of same, or on account of any braking of same caused by said CONTRACTOR in construction of same, or on account of any defect arising in any of said Work laid or constructed by said CONTRACTOR or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, Work or labor performed by said CONTRACTOR, then this obligation shall be void;

otherwise, to remain in full force and effect; and in case said CONTRACTOR shall fail to do so, it is agreed that the OWNER may do said Work and supply such materials and charge the same against said CONTRACTOR and SURETY on this obligation. Provided further, that if any legal action be filed on this Bond, venue shall lie in Collin County, Texas.

PROVIDED HOWEVER, that said SURETY, for value received, stipulates and agrees that the bond 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, and 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.

Section 2 – Contract Requirements - Page 9 - Maintenance Bond

Section 2 – Contract Requirements - Page 10 - Certificate of Insurance

Insert Certificate of Liability Insurance (ACORD 25 (2001/08))

Section 2 – Contract Requirements - Page 11 - Certificate of Insurance

Insurance Certificate page 2

Section 2 – Contract Requirements - Page 12 - Conflict of Interest Questionnaire

FORM CIQ

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor or other person doing business with local governmental entity

This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity.

By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code.

A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor.

OFFICE USE ONLY

Date Received

1 Name of person doing business with local governmental entity.

Check this box if you are filing an update to a previously filed questionnaire.

(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)

3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money.

4 Describe each affiliation or business relationship with a person who is a local government office and who appoints or employs a local government office of the local governmental entity that is the subject of this questionnaire.

Amended 01/13/2006

Section 2 – Contract Requirements - Page 13 - Conflict of Interest Questionnaire

FORM CIQ

CONFLICT OF INTEREST QUESTIONNAIRE Page 2

For vendor or other person doing business with local governmental entity

5 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.)

This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this From CIQ as necessary.

A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire?

Yes No

B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government office named in this section AND the taxable income is not from the local governmental entity?

C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an office or director, or holds an ownership of 10 percent or more?

D. Describe each affiliation or business relationship

6 Describe any other affiliation or business relationship that might cause a conflict of interest.

Signature of person doing business with the governmental entity Date

Amended 01/13/2006

Section 2 – Contract Requirements - Page 14 - Contractor’s Affidavit of Final Payment

CONTRACTOR’S AFFIDAVIT OF FINAL PAYMENT AND RELEASE

THE STATE OF TEXAS §

BEFORE ME, the undersigned authority, on this day personally appeared (“Affidant”), who after being by me duly sworn, deposes, and says that it is , a (corporation, partnership, trade name) of County, State of , (the “CONTRACTOR”), which said CONTRACTOR was awarded the Contract dated the ____ day of , 20____, for the construction of at (the “Work”), for a total consideration of Dollars to be paid to the said CONTRACTOR (the “Contract”), and that Affidant has full power of authority to make this affidavit.

That the City of Frisco, Texas (the “OWNER”) has approved the final estimate on said Work, and that the said CONTRACTOR has fully satisfied and paid any and all claims that may be covered by Texas Government Code, Chapter 2253, as amended, or any other applicable statutes or charter provisions and that all just bills for labor and materials have been paid and discharged by said CONTRACTOR insofar as they pertain to the Work in question.

That in addition to any funds which may have been previously paid by the OWNER, the CONTRACTOR hereby accepts the amount of Dollars as FULL AND FINAL PAYMENT under the aforementioned Contract, and hereby waives and releases any right Affidant and/or the CONTRACTOR may have to pursue claims of any nature against the OWNER arising out of or in any manner connected with the performance of the Work and/or the Contract, including but not limited to claims of third parties that supplied material and/or labor for the Work for or through the CONTRACTOR (“Subcontractors”), as well as claims for delay, additional compensation or for recovery of liquidated damages which may have been withheld by the OWNER. The CONTRACTOR shall defend, hold harmless and indemnify the OWNER from any such claims of such Subcontractors. The CONTRACTOR further releases the OWNER from any claim or liability arising from any act or neglect of the OWNER related to or connected with the Contract. This affidavit is given pursuant to the final payment provisions of the Contract, and shall not be deemed to alter or modify the terms of provisions of said Contract.

By:

(Affidant)

(Printed Name)

SUBSCRIBED AND SWORN TO BEFORE ME, this day of A.D. 20

[Notary Seal] By:

(Notary Public in and for the State of Texas)

(Printed Name of Notary)

My commission expires:

Section 2 - Contract Requirements - GC 1 - General Conditions (11-22-2010)

GENERAL CONDITIONS

TABLE OF CONTENTS

GC 1 - Definition and Abbreviations

1.1 Definitions

1.2 Abbreviations and Acronyms

GC 2 - Award and Execution of Contract

2.1 Contractor’s Warranties and Understanding

2.2 Award of Contract

2.3 Surety Bonds

2.4 Insurance

2.5. Execution of Contract

2.6 Notice to Proceed and Commencement of Work

2.7 Delay of Contract

GC 3 - Scope of Work

3.1 Intent of Contract Documents

3.2 Change or Modification of Contract

3.3 Disputed Work and Claims for Additional Compensation

3.4 Performance of Extra or Disputed Work

GC 4 - Control of Work

4.1 Contract Documents

4.2 Workmanship, Warranties and Guarantees

4.3 Shop Drawings, Product Data and Samples

4.4 Construction Stakes

4.5 Means and Methods of Construction

4.6 Supervision by Contractor

4.7 Owner’s Representatives

4.8 Service of Notices

4.9 Inspection

4.10 Final Acceptance

4.11 Record Drawings

4.12 Explosives, Blastings, Etc.:

GC 5 - Control of Material

5.1 Substitution of Materials

5.2 Materials and Equipment

5.3 Salvageable Material

5.4 Off-Site Storage

5.5 Samples and Tests of Materials

5.6 Water For Construction

5.7 Use of Fire Hydrants

GC 6 - Legal Relations and Contractor Responsibilities

6.1 Contractor Independence

6.2 Indemnification

6.3 Owner’s Officers, Employees or Agents

6.4 Venue and Governing Law

6.5 No Waiver of Legal Rights

6.6 Severability

6.7 Headings

6.8 Obligation to Perform Functions

6.9 Performance of The Work

Section 2 - Contract Requirements - GC 2 - General Conditions (11-22-2010)

6.10 Successors and Assigns

6.11 Supervision and Construction Procedures

6.12 Labor and Materials

6.13 Equal Employment Opportunity

6.14 State and Local Sales and use Taxes

6.15 Patents

6.16 Compliance with Laws

6.17 Sanitary Provisions

6.18 Public Convenience and Safety

6.19 Protection of Work and of Persons and Property

6.20 Project Signs

6.21 Working Area

6.22 Railway Crossings

6.23 Existing Structures, Facilities and Appurtenances

6.24 Project Clean-Up

6.25 Disposal of Materials

6.26 Restoration of Property

GC 7 - Prosecution and Progress

7.1 Progress Schedule

7.2 Prosecution of the Work

7.3 Other Contractors; Obligation to Cooperate

7.4 Employees

7.5 Subcontracts

7.6 Assignments

7.7 Owner’s Right to Temporarily Suspend Work

7.8 Delays; Extension of Time; Liquidated Damages

7.9 Contractor Default: Owner’s Right to Suspend Work and Terminate Contract

7.10 Suspension by Court Order Against the Owner

7.11 Termination for Convenience of the Owner

7.12 Claims Against Owner and Action Thereon

7.13 Use of Completed Portions of Work

GC 8 - Measurement and Payment

8.1 Payment for Labor and Material; No Liens

8.2 Payment for Materials

8.3 Payment for Extra Work

8.4 Payment Withheld

8.5 Interim Payment Application, Partial Payments, Retainage, Final Inspection, Acceptance and Final Payment

Section 2 - Contract Requirements - GC 3 - General Conditions (11-22-2010)

GC 1- DEFINITION AND ABBREVIATIONS

1.1 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:

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.

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.

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 Form: 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.

Bulletin: see Addendum.

Change Order: A written order to the CONTRACTOR authorizing and 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.

Contract: The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral.

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 Documents consist of the written agreement setting forth the Work to be performed; advertisement to bidders, instructions to bidders, bid form; addendum, if any; technical specifications; the general and special conditions, plans; any supplemental changes or agreements pertaining to the Work or materials thereof;

bonds; and any additional documents incorporated by reference.

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 Work: Everything expressly or impliedly required to be furnished and done by the

Section 2 - Contract Requirements - GC 4 - General Conditions (11-22-2010)

CONTRACTOR by anyone 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 “GC 4.1-Contract Documents” hereof.

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 contact with the OWNER for Work on or adjacent to the site of the Work.

Days or Calendar Days: Any successive days of the week or month, no days being excepted.

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.

Engineer: The Engineer or its duly authorized representative means the Engineer of the OWNER, who is the Engineer of Record of the Contract Documents, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the Engineer and the CONTRACTOR.

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 “GC 5.1-Substitution of Materials”, as determined by the OWNER in his or her sole discretion.

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. The OWNER shall be the only entity that may approve Extra Work.

Inspector: Any representative of the OWNER designated to inspect the Work.

Letter of Clarification: see Addendum.

Maintenance Bond: A bond executed by a corporate surety in accordance with Article 7.19-1, Vernon's Texas Insurance Code, in the amount specified in 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.

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 “GC 4.8-Service of Notices”.

OWNER or CITY: The term OWNER or CITY means the City of Frisco or its authorized representative(s).

OWNER'S Representative: The Engineer or other duly authorized assistant, agent, Engineer, inspector

Section 2 - Contract Requirements - GC 5 - General Conditions (11-22-2010) or superintendent acting within the scope of the particular duties instructed to him or her.

Partial Release: The CONTRACTOR may be required to provide partial releases, beginning with the second payment application, from subcontractors and suppliers who have received funds from previous partial payments to the CONTRACTOR.

Payment Bond: A bond executed by a corporate surety in accordance with Article 7.19-1, 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 CONTRACTOR or a subcontractor to supply public Work labor or material.

Performance Bond: A bond executed by a corporate surety in accordance with Article 7.19-1, 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.

Plan Quantity Item and Measurement: A plan quantity item is an item, the quantity of which can be accurately determined through calculation, such as length of pipe or square yards of concrete for pavement. Unless otherwise shown in the Contract, the estimated plan quantity amounts shall be the final quantity amounts for payment purposes. Contract adjustments may be made if the actual measured quantity varies by more than 5% from the total estimated plan quantity amount. Either the OWNER or the CONTRACTOR may initiate this adjustment. If the adjustment is requested by the CONTRACTOR the CONTRACTOR must obtain field measurements and calculations justifying the revised quantity. If the adjustment is made by the OWNER, the revised quantity will constitute the final quantity which payment will be made. If the revised quantity significantly changes the character of the Work under the Contract, a Change Order may be issued.

Project Manual: The documentary information prepared for bidding and constructing the Work.

Schedule: A document indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any milestones specified in the Contract Documents.

Schedule of Values: When required under the Contract Documents, a schedule, prepared and maintained by the CONTRACTOR, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Payment Applications.

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.

Section 2 - Contract Requirements - GC 6 - General Conditions (11-22-2010)

Special Conditions: The special clauses of the Contract, setting forth conditions or requirements peculiar to the specific project involved, supplementing the General Conditions and taking precedence over any conditions or requirements of the General Conditions with which they are in conflict.

Specifications or Technical Specifications: Define the requirements for products, materials, and workmanship upon which the Contract is based.

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.

Sureties: The corporate bodies which are bound by such bonds as are required with and for the CONTRACTOR. The sureties engage 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 Article 7.19-1, Texas Insurance Code and any other requirements of the Contract Documents.

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, Completion Time or Contract 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.

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 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 7am and 6pm. A principal unit of Work shall be that unit which controls the completion time of the Contract. No Work will be allowed during weekends without written permission. No credit will be given for delays due to weather or holidays.

1.2 ABBREVIATIONS AND ACRONYMS

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 AASHTO American Association of State Highway and Transportation Officials ABA American Bankers Association ACI American Concrete Institute am, a.m. Before noon ANSI American National Standards Institute

Section 2 - Contract Requirements - GC 7 - General Conditions (11-22-2010)

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 BL Base Line C Centigrade cc Cubic Centimeter CFR Code of Federal Regulations cfs Cubic feet per second CI Cast Iron CL Center Line cm Centimeter CO Cleanout C.O.C. Cleveland Open Cup Conc. Concrete Cond. Conduit Corr. Corrugated Cu. Cubic Culv. Culvert CY,C.Y. Cubic Yard D Inside Diameter DI Ductile Iron Dia. Diameter Dr. Driveway Elev. Elevation F Fahrenheit 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 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

Section 2 - Contract Requirements - GC 8 - General Conditions (11-22-2010)

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 MPa Megapascal MUTCD (Texas) Manual on Uniform Traffic Control Devices NACE National Association of Corrosion Engineers Nat’l National NCTCOG North Central Texas Council of Governments 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 PI, P.I. Plasticity Index pm, p.m. Afternoon psi Pounds per Square Inch PVC Polyvinyl Chloride PVCO Molecularly Oriented PVC ` 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 ROW Right-of-Way Sani., San. Sanitary Sec. Second S.F. 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 Tex-###-X Refer to TxDOT Manual of Testing Procedures

TCEQ Texas Commission on Environmental Quality [formerly Texas Natural Resource

Section 2 - Contract Requirements - GC 9 - General Conditions (11-22-2010)

Conservation Commission (TNRCC)] TMUTCD Texas Manual on Uniform Traffic Control Devices TxDOT Texas Department of Transportation TxDOT Item # Refer to current TxDOT Standard Specifications for Construction of Highways, Streets and Bridges

UL Underwriter's Laboratory um,µm Micrometers US, U.S. United States U.S.A.C.E. United States Army Corps of Engineers U.S.C. United States Code USEPA United States Environmental Protection Agency Vert. Vertical Vol. Volume Wt. Weight Yd. Yard

Section 2 - Contract Requirements - GC 10 - General Conditions (11-22-2010)

GC 2- AWARD AND EXECUTION OF CONTRACT

2.1 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, 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 “GC-6.23 Existing

Structures, Facilities and Appurtenances”, all risks of differing subsurface conditions shall be borne solely by the CONTRACTOR.

2.2 AWARD OF CONTRACT

The OWNER will make its best attempt to award the Contract within 60 days after the opening of bids.

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 ten (10) days of the written Notice of Award.

2.3 SURETY BONDS

2.3.1 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 Collin County. Such surety bonds shall be in accordance with the provisions of Texas Government Code, Chapter 2253, as amended, and Article

Section 2 - Contract Requirements - GC 11 - General Conditions (11-22-2010)

7.19-1 of the Insurance Code, as amended. The surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the US Treasury’s Listing of Approved Sureties. 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. The performance and payment bond forms are included in the Contract Documents.

2.3.1.1 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 bid 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 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.

2.3.1.2 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 CONTRACTOR or a subcontractor to supply public Work labor or material.

2.3.1.3 Additional or Substitute 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 (5) 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.

2.3.2 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 Article 7.19-1, 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. The surety company underwriting the bonds shall be licensed to do business in the State of Texas and acceptable according to the latest list of companies holding certificates of authority from the US Treasury’s Listing of Approved Sureties 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.

2.4 INSURANCE

Any insurance policies required under this “GC 2.4-Insurance”, may be written in combination with any of the others, where legally permitted, but none of the specified limits may be lowered thereby.

Section 2 - Contract Requirements - GC 12 - General Conditions (11-22-2010)

2.4.1 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. A certified 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, nonrenewed or materially changed without 30 days advance written notice being given to the OWNER, except when the policy is being canceled for nonpayment of 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 certified copy of each policy of insurance or proof of reinstatement.