SPECIFICATIONS

FOR

CONSTRUCTION

OF

ERWIN PARK IMPROVEMENTS

CITY OF McKINNEY

February 06, 2026

Prepared by:

Teague Nall & Perkins

Project No.: PK9143

Proposal No.: 26-05CSP

THE CONSTRUCTION OF

ERWIN PARK IMPROVEMENTS

CITY OF McKINNEY OFFICIALS

MAYOR

Bill Cox

COUNCIL MEMBERS

Gerê Feltus Justin Beller

Patrick Cloutier Rick Franklin Ernest Lynch Michael Jones

CITY MANAGER

Paul Grimes

DIRECTOR OF PARKS & RECREATION

Amy Kinkade

TABLE OF CONTENTS

LEGAL NOTICE

INSTRUCTIONS TO OFFERORS

NCTCOG SPECIFICATIONS

SPECIAL CONDITIONS

SECTION I

LEGAL NOTICE

City of McKinney, Texas

Advertisement for Proposals

The City of McKinney (“City”) is accepting sealed proposals for the Erwin Park Improvements Project No.: PK9145. Proposals will be accepted until 2:00 p.m., February 26, 2026, (“Closing Time”) electronically via the City of McKinney’s procurement portal (“Bonfire”) or in person at the City of McKinney City Hall, 401 E. Virginia Street, McKinney, Texas 75069 (“City Hall”). Any Proposal received at City Hall after Closing Time regardless of the cause will be returned unopened.

A non-mandatory pre-submittal conference is scheduled for 1:00 PM on February 17, 2026, via Webex meeting https://cityofmckinney.webex.com/cityofmckinney/j.php?MTID=me06bfb527df3d54d482ba7c4dc6fc7

91. Representatives of the Owner and Engineer will be present to discuss the Project. The Owner will make available to prospective offerors such Addenda as the Engineer considers necessary in response issues raised with the Representative during the conference.

Proposal opening will occur immediately following the Closing Time inside City Hall and will be broadcasted via a Webex meeting. Offerors are strongly encouraged to attend virtually versus in-person by following the Webex meeting details listed on 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 Teague Nall & Perkins (TNP) 5237 N.

Riverside Drive, Suite 100, Fort Worth, TX 76137. A set of Contract Documents may be acquired from that office upon TNP’s receipt of $550.00 per set, which amount is nonrefundable.

Hard copy submissions of Proposals are to be addressed to the Procurement Services Office and shall be marked “SEALED PROPOSAL – ERWIN PARK IMPROVEMENTS, PROPOSAL NO 26-05CSP” on the outside of the envelope.

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

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:

https://cityofmckinney.webex.com/cityofmckinney/j.php?MTID=me06bfb527df3d54d482ba7c4dc6fc791 https://cityofmckinney.webex.com/cityofmckinney/j.php?MTID=me06bfb527df3d54d482ba7c4dc6fc791 https://mckinneytexas.bonfirehub.com/ mailto:contact-adacompliance@mckinneytexas.org

FIRST PUBLICATION: February 06, 2026 SECOND PUBLICATION: February 13, 2026

INSTRUCTIONS TO OFFERORS

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.

Offerors are specifically directed to become thoroughly familiar with the NCTCOG Specifications prior to submitting a proposal. 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)

Offerors shall complete the following components, signing where required, 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 Offeror’s Safety Experience;

6) Competitive Sealed Proposal;

7) Bid Schedule (Table 1);

8) Offeror’s Narrative Approach; and,

9) Bid Bond (in the form attached).

The “Statement of Subcontractor’s Qualifications and Experience” shall be completed in its entirety for each subcontractor intended to perform work on the project when submitted with the proposal. Failure to submit the completed “Statement of Subcontractor’s Qualifications and Experience” will result in the rejection or disqualification of the Offeror’s submitted proposal.

Any offerors 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 Offerors are defined in the General Provisions of the NCTCOG Specifications. In addition:

“Engineer” means the City Engineer or their designee.

“Project” means the Erwin Park Improvements project, Project No.: PK9143.

“Successful Offeror” means the lowest, qualified, responsible Offeror 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.

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

B. 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.

C. 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. 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 Offeror access to the site to conduct such investigations and tests as each Offeror 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

Offeror that they have complied with every requirement of this Article III 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.

IV. INTERPRETATIONS

Offerors desiring further information or interpretation of the Plans or Specifications must make request for such information through the City of McKinney electronic procurement system at (https://mckinneytexas.bonfirehub.com/), prior to February 19, 2026 at 2:00 p.m. CT. Answers to all such requests will be given in writing to all Offerors, 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 an Offeror 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 Offerors. Any Addenda issued prior to forty-eight (48) hours before the opening of proposals 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 Offeror 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.

V. BID SECURITY

Each proposal submitted shall be accompanied by an acceptable Offeror’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 Offeror 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 Offerors (Section I). No alternate bid bond forms will be accepted. If a proposal is submitted electronically, the Offeror 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 Offeror shall cause the original hard copy of the Bid Bond, certified check, or Cashier’s Check to be enclosed with the proposal. All Offerors’ security will be retained until a contract has been awarded and executed. See also, NCTCOG Specifications Items 102.5, 102.7 and 102.13.

An Offeror’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 proposal opening shall be cause for rejection of their proposal.

If the Offeror 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 Offeror shall provide the original hard copy thereof to the City’s Procurement Services Department within no more than 24 hours after the opening of the Proposals. 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 proposal.

VI. 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.

VII. 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.

VIII. LIQUIDATED DAMAGES

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

IX. BONUSES

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

X. SUBSTITUTE MATERIAL AND EQUIPMENT

A. 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 proposals. The Offeror may propose substitutions for brand named material and equipment which may be specified in the Plans or Specifications by submitting a written request to the Owner.

Requests shall be emailed to the contact listed on the City of McKinney’s electronic procurement system prior to the Interpretations deadline outlined in Section IV of the Instructions to Offerors. The request shall include sufficient information to assess the acceptability of the substitution such as product information, technical specifications, drawings, and any other relevant information. Cost shall not be included in the substitution request.

The Owner shall approve or deny such requests no later than forty-eight (48) hours prior to the submittal deadline and decisions will be provided in writing to all Offerors, in Addendum form.

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

XI. 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. Proposals that exceed this specified subcontracted work percentage shall be considered grounds for the rejection of the proposal.

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.

XII. 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 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.

XIII. SUBMISSION OF PROPOSALS

Refer to NCTCOG Specifications Item 102.6.

XIV. MODIFICATION AND WITHDRAWAL OF PROPOSALS

Refer to NCTCOG Specifications Item 102.7.

XV. OPENING OF PROPOSALS

Refer to NCTCOG Specifications Item 102.8.

XVI. PROPOSALS TO REMAIN OPEN

Refer to NCTCOG Specifications Items 102.7

XVII. AWARD OF CONTRACT

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

B. Award of contract shall be made in accordance with Subchapter D of Chapter 2269 of the Texas Government Code. Responses will be evaluated and awarded based on the procedures outline in Section XXVIII.

C. 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.

XVIII. 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.

XIX. SIGNING OF AGREEMENT

Refer to NCTCOG Specifications Item 103.5.

XX. PROTECTION OF THE PUBLIC

For protection and convenience of the public and emergencies, the Successful Offeror 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.

XXI. 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.

XXII. 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.

XXIII. SPECIAL LEGAL REQUIREMENTS

Refer to NCTCOG Specifications Item 107.15 -- State and Local Sales and Use Taxes.

XXIV. PRE-SUBMITTAL CONFERENCE

A NON-MANDATORY pre-proposal conference is scheduled for 1:00 PM on February 17, 2026, via a virtual meeting at:

https://cityofmckinney.webex.com/cityofmckinney/j.php?MTID=me06bfb527df3d54d482b a7c4dc6fc791. Representatives of the Owner and Engineer will be present to discuss the Project. The Engineer will distribute to prospective Offerors of record such Addenda as the Engineer considers necessary in response to discussions or inquiries arising at the conference.

XXV. ENGINEER’S OPINION OF PROBABLE CONSTRUCTION COST

The Engineer’s opinion of probable construction cost is $10,761,488

XXVI. REQUIREMENTS FOR THE STATEMENT OF QUALIFICATIONS

A. The Statement of Qualifications must be submitted with the proposal and include the information as described in this section of the Proposal and Contract Documents.

Failure to submit the required information in the Statement of Qualifications may result in the Owner considering the proposal non-responsive and result in rejection of the proposal by the Owner. Offerors may be required to provide supplemental information if requested by the Owner to clarify, enhance, or supplement the information provided in the Statement of Qualifications.

B. Offerors must provide the information in the Statement of Qualifications using the forms following this Section. The information requested in these forms must be completely provided in the level of detail requested by the form. The information in these forms will be used to make direct comparisons with the information provided by other Offerors. Failure to include all of the information may result in lower scores in the evaluations. Any information that cannot be completed on the form may be provided by including additional pays to the form. Any additional pages added to any https://cityofmckinney.webex.com/cityofmckinney/j.php?MTID=me06bfb527df3d54d482ba7c4dc6fc791 https://cityofmckinney.webex.com/cityofmckinney/j.php?MTID=me06bfb527df3d54d482ba7c4dc6fc791 forms must be sufficiently identified so that the Owner may tell exactly which forms are supplemented by the additional pages. It is the Offerors’ obligation to also identify on each additional page, the question(s) or item(s) from each form for which an answer is being supplemented. Failure on the part of the Offeror to adequately identify the additional or supplemental pages may result in the Owner rejecting the additional information.

XXVII. EVALUATION, RANKING, AND AWARD

A. Evaluation Criteria

1. The Owner will consider all of the qualifications of the Offerors, in addition to the proposed contract amount and Offeror’s narrative approach to construction when evaluating the submitted proposals to determine which proposal offers the best value to the Owner, per Chapter 2269 of the Texas Government Code, Subchapter D. The proposals will be evaluated using the following criteria:

Evaluation Category Description Points

A-1 Offeror’s Narrative Approach to Construction 30 A-2 Contractor and Subcontractor Qualifications 20 A-3 Proposal Price 50

Total: 100

2. A-1 OFFEROR’S NARRATIVE APPROACH TO CONSTRUCTION: The Offeror shall submit no more than a two (2) page narrative on their approach toward completing the proposed work according to the Contract Documents. The approach by the Offeror shall be evaluated for completeness, and ability to demonstrate knowledge of the overall work required. Each evaluator assigns or deducts points based upon completeness of the responses. A more complete detailed submission will earn additional points. A scarce narrative will cause a deduction in points. A maximum of thirty (30) points is allowable for this category.

The Narrative Approach shall include, but not be limited to, the following items:

• Proposed Project Timeline (calendar days), scheduling & sequencing

• Identification of potential long lead times or supply chain concerns

• Approach to quality control

• Approach to coordination with subcontractors and suppliers

3. A-2 CONTRACTOR AND SUBCONTRACTOR QUALIFICATIONS: When evaluating an Offeror’s qualifications, the Owner will utilize the “Statement of Offeror’s Qualifications and Experience” and “Safety Record Questionnaire & Statement of Offeror’s Safety Experience” of this section of the bidding documents. The “Statement of Offeror’s Qualifications & Experience” shall also include the “Statement of Subcontractor’s Qualifications & Experience”.

The Offeror’s proposed key personnel shall be attached/provided along with brief resumes for key personnel showing similar work experience. All of these parts will be utilized to judge qualifications. This criterion will be subjectively evaluated, up to a maximum of twenty (20) points. Each evaluator assigns points based upon completeness of the responses the Offeror provides in the “Statement of Offeror’s Qualifications and Experience”. A reference check will be performed by contacting project owners and/or engineers for projects of similar type of work included in the “Statement of Offeror’s Qualifications and Experience”. Any additional narrative, if provided, shall not exceed one (1) page.

4. A-3 PROPOSAL PRICE: The quality of the Offerors is not judged solely by a low price or conversely, eliminated solely because of a high price. The following is the formula used when determining price as a factor for construction contract proposals. The lowest price of all the proposals becomes the standard by which all prices are evaluated. One at a time, each proposal is evaluated by taking the lowest Base Bid Proposal price and dividing it by the price of the proposal being evaluated. That fraction is then multiplied by the maximum point value for the price score. For example: (Lowest Price/Current Proposal Price) x Maximum Point Value = Price score, with a maximum of fifty (50) points allowable for this category.

B. Ranking of Offerors

1. The Owner will consider the qualifications of the Offerors, subcontractors, and licensed subcontractors, in addition to the proposed Project Approach, Proposal price, and Safety Record, as set forth in the evaluation criteria above. The Owner reserves the right to waive any irregularities in determining the firm’s qualifications and reserves the right to require the submission of additional information.

2. The qualifications of an Offeror shall not deprive the Owner of the right to accept a proposal, which in its judgment offers the best value to the Owner, reject any and all proposals, to waive irregularities in proposals, or to reject nonconforming, non-responsive, or conditional proposals. In addition, the Owner reserves the right to reject any proposal where circumstances and developments have in the opinion of the Owner changed the qualifications or responsibility of the Offeror.

3. Material misstatements in the material submitted for evaluation may be grounds for rejection of an Offeror’s proposal. Any such misstatement, if discovered after award of the contract to such Offeror, may be grounds for immediate termination of the contract. Additionally, the Offeror will be liable for the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney’s fees for collecting such costs and damages.

4. The Owner shall evaluate and rank each proposal as established herein above and in accordance with state law. The Owner shall establish review panel of not less than three (3) individuals which shall include at least two (2) representatives of the Owner and one (1) representative of the Engineer. The panel shall independently evaluate and rank each proposal using the above criteria.

C. Evaluation and Award Schedule

At the time and date indicated in the Advertisement for Competitive Sealed Proposals, the proposals will be opened, and the total proposal prices will be read aloud. The Owner will have up to sixty (60) days to evaluate and rank the proposals and determine which proposal provides the best value to the Owner. The Owner will attempt to negotiate and enter into a contract with the Offeror who has offered the best value to the Owner.

SECTION II

NCTCOG SPECIFICATIONS

The City of McKinney, Texas has adopted the Fifth Edition (2023) 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.

Offerors are specifically directed to become thoroughly familiar with the NCTCOG Specifications prior to submitting a proposal. 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

The work shall be performed in accordance with the Fifth Edition (2023) 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, 401 E. Virginia Street, 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, Juneteenth, 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 electronic procurement system 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 proposals. 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…