City of Lowry Crossing - Bridgefarmer Road Rehabilitation Phase 3 - Specifications _ Plans.pdf

CITY OF LOWRY CROSSING, TEXAS

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR

BRIDGEFARMER ROAD REHABILITATION

(PHASE 3 – HIGHRIDGE FARMS TO DOWDY RD.)

PREPARED BY

BIRKHOFF, HENDRICKS & CARTER, L.L.P.

PROFESSIONAL ENGINEERS

Texas Firm F526

DALLAS, TEXAS

AUGUST 2026

CITY COUNCIL

Pat Kelly , Mayor

Scott Pitchure, Ward 1

Chris Madrid, Treasurer, Ward 1

Tammy Hodges, Mayor Pro-Tem, Ward 2

Agur Rios, Ward 2

Eusebio “Joe” Trujillo III, Ward 3

Cindy Cash, Ward 3

CITY SECRETARY

Janis Cable j:\clerical\lowry crossing\4019-general services\137-bridgefarmer road rehabilitation phase 3\tech-spec\03-index.docx

TABLE OF CONTENTS

ADDENDUMS

NOTICE TO BIDDERS

BID BOND

PROPOSAL AND BID SCHEDULE

QUALIFICATION STATEMENT OF BIDDERS

QUALIFICATIONS OF BIDDERS SURETY

VENDORS COMPLIANCE TO STATE LAW

CONTRACT AGREEMENT

PERFORMANCE BOND

PAYMENT BOND

MAINTENANCE BOND

INSURANCE CERTIFICATES

FORM 1295 INSTRUCTIONS

CONFLICT OF INTEREST QUESTIONNAIRE

CONSTRUCTION STAKING

GENERAL PROVISIONS

For this contract the following standards, provisions, amendments, etc., are APPROVED as the Official Specifications for this project:

“Standard Specifications for Public Works Construction, North Central Texas” 4th Edition, 2004, with Latest Amendment.

GOVERNING SPECIFICATIONS FOR MATERIALS AND CONSTRUCTION METHODS

Standard Specifications for Public Works Construction, North Central Texas, 4th Edition, 2004, with Latest Amendments

SPECIAL CONDITIONS

AFFIDAVIT OF FINAL PAYMENT AND RELEASE

PROJECT SUMMARY, LOCATION & DETAILS

SOIL BORINGS

J:\CLERICAL\Lowry Crossing\4019-General Services\137-Bridgefarmer Road Rehabilitation Phase 3\Tech-Spec\04-Notice.docx

NOTICE TO BIDDERS

Sealed bids will be received at the City of Lowry Crossing Administrative Building, 1420 S.

Bridgefarmer Road, McKinney, Texas 75069 until 3:00 p.m., Monday, September 21, 2026 then publicly opened and read at City Hall, 1405 S. Bridgefarmer Road, McKinney, Texas 75069 for furnishing all necessary materials, machinery, equipment, superintendence, and labor for the Bridgefarmer Road Rehabilitation (Phase 3 - Highridge Farms To Dowdy Road) for the City of Lowry Crossing. The project includes scarifying, mixing, and reshaping the pavement surface and base material, removal of the top 6-inches of scarified asphalt and base, constructing a minimum 12-inches cement stabilized subgrade, and 1.5-inch Type D surface course over 4.5-inches Type B base course, along with all appurtenances.

The successful bidder must furnish Performance Bond and Payment Bond in the amount of one hundred percent (100%) of the total contract price from a Surety Company holding a permit from the State of Texas to act as Surety. Should the total contract price be less than $25,000.00, no performance bond or payment bond will be required.

All lump sum and unit prices must be stated in both script and figures on the forms provided. The City of Lowry Crossing reserves the right to reject any or all bids and to waive formalities. In case of ambiguity or lack of clearness in stating prices in the bids, the City of Lowry Crossing reserves the right to consider the most advantageous construction thereof, or to reject the bid. Unreasonable (or “unbalanced”) unit prices will authorize the City of Lowry Crossing to reject any bid.

Bidders are expected to inspect the site of work and to inform themselves regarding all local conditions.

Bidders are required to submit a cashier’s or certified check issued by a bank satisfactory to the City of Lowry Crossing, or a Bid Bond (with proper Power of Attorney) from a surety licensed to do business in the State of Texas, payable without recourse to the City of Lowry Crossing, in an amount not less than five (5%) percent of the total amount of the proposal submitted to insure that the successful bidder will enter into a contract and execute all necessary bonds within ten (10) days after notice of award of the contract to him. This bid security must be included in the bid envelope for the bidder to be considered responsive. The successful bidder will be required to furnish Performance, Payment and Maintenance Bonds as described in the bidding documents.

Plans and specifications will be electronically posted on CivCast. Plans purchased from Plan Rooms or third-party websites shall be at the Bidder’s sole risk. No guarantee of receipt of Addenda, as clarifications will be made for third-party downloads. Plans and specifications may also be examined, without charge at the office of the Engineer; Birkhoff, Hendricks & Carter, L.L.P. located at 11910 Greenville Ave., Suite 600, Dallas, Texas 75243. No questions will be answered directly from CivCast.

All questions shall be emailed to the engineer at jivy@bhcllp.com.

Advertisement Dates: Friday, September 4, 2026 Friday, September 11, 2026 j:\clerical\lowry crossing\4019-general services\137-bridgefarmer road rehabilitation phase 3\tech-spec\05-bid bond.doc BB-1 Bidder’s Bond

BIDDER’S BOND

KNOW ALL MEN BY THESE PRESENTS, that _____________________________ ________________________ (hereinafter called the Principal(s)), as Principal(s), and _____________________________________________________ (hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the CITY OF ________ (hereinafter called the Obligee), in the amount of: ___________________________________________ _______________________________________________________Dollars ($_________) (an amount equal to five percent of the Total Bid Price, including Cash Allowances and Alternate Bids, if any) 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 submitted on or about this day a proposal offering to perform the following project:

BRIDGEFARMER ROAD REHABILITATION

(PHASE 3 – HIGHRIDGE FARMS TO DOWDY RD.)

NOW, THEREFORE, if the said Principal’s bid as stated in its proposal is accepted by the City, and said Principal executes and returns to the City the number of original counterparts of the Contract Agreement required by the City, on the forms prepared by the City, for the work described herein and also executes and returns the same number of the Performance, Payment and Maintenance Bonds (such bonds to be executed by a Corporate Surety authorized by the State Board of Insurance to conduct insurance business in the State of Texas, and having an underwriting limitation in at least the amount of the bond) in connection with the work described herein, within the time specified, then this obligation shall become null and void; otherwise it is to remain in full force and effect.

In the event that the Principal is unable to or fails to perform the obligations undertaken herein, the undersigned Principal and Surety shall be liable to the City for the full amount of this obligation which is hereby acknowledged as the amount of damages which will be suffered by the City on account of the failure of such Principal to perform such obligations, the actual amount of such damages being difficult to ascertain.

Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party.

j:\clerical\lowry crossing\4019-general services\137-bridgefarmer road rehabilitation phase 3\tech-spec\05-bid bond.doc BB-2 Bidder’s Bond

IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this _______ day of ___________________, 20____.

Surety Principal

By: By:

(Signature) (Signature)

Name: Name:

(Print Name) (Print Name)

Title: Title:

Address: Address:

Phone Fax Phone Fax

The undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties, and hereby designates _______________________________________, an agent resident in _______________ County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship.

Surety

By:

(Signature)

Print Name:

Address:

Phone/Fax:

DRAFTER’S NOTE: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney-in-Fact, we must have a copy of the Power of Attorney for our files, AND ATTACHED TO THIS BOND.

j:\clerical\lowry crossing\4019-general services\137-bridgefarmer road rehabilitation phase 3\tech-spec\06-p&bs-1.docx PBS-1

PROPOSAL

TO

FOR

(PHASE 3 – HIGHRIDGE FARMS TO DOWDY ROAD)

DATE:

The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm, or corporation, that he has carefully examined the Notice to Bidders, Contract Agreement, General Conditions, specifications and the plans therein referred to, and has carefully examined the location, conditions, and classes of materials of the proposed work. The undersigned bidder hereby proposes to do all the work and furnish all necessary superintendence, labor, machinery, equipment, tools, materials, and other items incidental to construction that may be necessary to complete all the work upon which he bids, as provided by the attached specifications and shown on the plans, and binds himself on acceptance of this proposal to execute a contract and bonds (where required), according to the accompanying forms, for performing and completing the said work within the time stated, and maintaining same as required by the detailed specifications for the prices stated on the following forms.

It is understood and agreed to commence work within ten (10) days after the date written notice to do so shall have been given to him and to complete the work within the One Hundred Twenty (120) Calendar Days bid for this project, and as provided in the General Conditions of the contract.

Accompanying this proposal is a (Certified or Cashier's Check payable to the Owner) (Bid Bond) in the amount of

Dollars ($ ).

The bidder agrees that this check or bond will be held by the City as security until a contract is awarded or all bids rejected. The City will be allowed thirty (30) days from date of bid opening to make this decision. In case award is not made on this proposal, the security check or bid bond will be returned to the undersigned bidder.

It is understood that the Owner reserves the right to reject any and all bids.

Item No.

Estimated Quantity Unit

Price in Figures

Extended Amount

100 1 L.S.

complete in place, the sum of

Dollars and Cents per

101 3,840 C.Y.

complete in place, the sum of

Dollars and Cents per

102 1,280 C.Y.

complete in place, the sum of

Dollars and Cents per

103 299 Tons complete in place, the sum of

Dollars and Cents per

104 2,560 C.Y.

complete in place, the sum of

Dollars and Cents per

CITY OF LOWRY CROSSING, TEXAS

Bridgefarmer Road Rehabilitation

For Mobilization, Insurance, Bonds & Shop Drawings (5% GAB Max)

Description and Price in Words

BID SCHEDULE

Scarify Existing Asphalt Surface & Mix With Existing Base Material (18-Inch Minimum Thickness, 22-Foot Width)

Lump Sum

Cubic Yard

Phase 3 - Highridge Farmers to Dowdy Road

Cubic Yard

Remove & Dispose of Top 6-Inches Reclaimed Material (22-Foot Minimum Width)

Furnish Cement For Mixing (78 lbs/S.Y.)

Construct 12-Inches Cement Stabilized Subgrade

Cubic Yard

Ton

J:\CLERICAL\Lowry Crossing\4019-General Services\137-Bridgefarmer Road Rehabilitation Phase 3\Tech-Spec\07-P&BSPBS-2

Estimated Quantity Unit

Price in Figures

Extended Amount Description and Price in Words

105 1,730 Tons complete in place, the sum of

Dollars and Cents per

106 580 Tons complete in place, the sum of

Dollars and Cents per

107 222 S.Y.

complete in place, the sum of

Dollars and Cents per

108 200 L.F.

complete in place, the sum of

Dollars and Cents per

109 20 Ea.

complete in place, the sum of

Dollars and Cents per

110 10 Ea.

complete in place, the sum of

Dollars and Cents per

Furnish & Place 1.5-Inches HMAC (Type 'D') Surface Course Including Tack Coat (TxDOT Item 300 & 310)

Ton

Furnish & Place 4.5-Inches HMAC (Type 'B') Base Course Including AEP Prime Coat (TxDOT Item 300 & 310)

Ton

For Edge Milling At Concrete Driveway or Street Connections, If Required

Linear Foot

Remove & Replace Driveway Approach & Connect to Existing Driveway (2-Inch Type D Over 6-Inches Flexbase)

Square Yard

Remove & Replace Existing Mailbox (TxDOT Item 560, MB-14(1) W/Single Mailbox Mount), If Required

Each

Remove & Replace Road Sign Assembly, If Required

Each

J:\CLERICAL\Lowry Crossing\4019-General Services\137-Bridgefarmer Road Rehabilitation Phase 3\Tech-Spec\07-P&BSPBS-3

Estimated Quantity Unit

Price in Figures

Extended Amount Description and Price in Words

111 100 C.Y.

complete in place, the sum of

Dollars and Cents per

112 200 S.Y.

complete in place, the sum of

Dollars and Cents per

113 2 Ea.

complete in place, the sum of

Dollars and Cents per

114 150 L.F.

complete in place, the sum of

Dollars and Cents per

115 4 Ea.

complete in place, the sum of

Dollars and Cents per

116 3,140 L.F.

complete in place, the sum of

Dollars and Cents per

Furnish & Install 4-inch Double Lane Stripe (Yellow, TxDOT Item 666, Type I)

Linear Foot

Furnish & Install Embankment Fill on Each Side of The Road & Each Side of Culvert Pipe Crossing Bridgefarmer Road (Used to Widen Shoulder For Guard Fence Installation)

Cubic Yard

Furnish & Install Grouted Rock Rip-Rap At Storm Sewer Outfall & Bridgefarmer Culvert Crossing

Square Yard

Furnish & Install Metal Beam Guard Fence W/I- Beam Posts (TxDOT GF(31) LS-19)

Each

Furnish & Install Metal Beam Guard Fence W/Wood Posts (TxDOT GF(31)-19)

Linear Foot

Furnish & Install SGT (12S) 31-18 Terminal

Each

J:\CLERICAL\Lowry Crossing\4019-General Services\137-Bridgefarmer Road Rehabilitation Phase 3\Tech-Spec\07-P&BSPBS-4

Estimated Quantity Unit

Price in Figures

Extended Amount Description and Price in Words

117 30 L.F.

complete in place, the sum of

Dollars and Cents per

118 3 Ea.

complete in place, the sum of

Dollars and Cents per

119 3 Ac.

complete in place, the sum of

Dollars and Cents per

120 1 L.S.

complete in place, the sum of

Dollars and Cents per

121 4 Mo.

complete in place, the sum of

Dollars and Cents per

"STOP" Pavement Marking (White, TxDOT Item 666, Type I)

Each

Furnish & Install 24-inch Stop Bar Pavement Stripe (White, TxDOT Item 666, Type I)

Linear Foot

Furnish Erosion Control Plan

Lump Sum

Furnish, Install, Water & Establish Hydromulch Seeding

Acre

Furnish, Install, Maintain, & Remove Erosion Control Measures

Month

J:\CLERICAL\Lowry Crossing\4019-General Services\137-Bridgefarmer Road Rehabilitation Phase 3\Tech-Spec\07-P&BSPBS-5

Estimated Quantity Unit

Price in Figures

Extended Amount Description and Price in Words

122 1 L.S.

complete in place, the sum of

Dollars and Cents per

123 4 Mo.

complete in place, the sum of

Dollars and Cents per

TOTAL AMOUNT BID (Items 100 Through 123)

Month

Furnish Traffic Control Plan

Lump Sum

Furnish, Install, Maintain and Remove Traffic Control Devices

J:\CLERICAL\Lowry Crossing\4019-General Services\137-Bridgefarmer Road Rehabilitation Phase 3\Tech-Spec\07-P&BSPBS-6 j:\clerical\lowry crossing\4019-general services\137-bridgefarmer road rehabilitation phase 3\tech-spec\08-p&bs-3.docx PBS-6

In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure compliance with the terms and provisions of the Contract Documents.

The work proposed to be done shall be accepted when fully completed and finished in accordance with the plans and specifications.

The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final.

NOTE: Unit and lump sum prices must be shown in words and figures for each item listed in the proposal and in the event of discrepancy the figures shall control.

The right is reserved, as the interest of the Owner may require, to reject any and all bids, and to waive any formality in bids received.

Receipt is hereby acknowledged for the following addenda to the contract documents:

Addendum No. 1 dated Received Addendum No. 2 dated Received Addendum No. 3 dated Received Addendum No. 4 dated Received Addendum No. 5 dated Received

Contractor

(please print name)

Signature:

Title:

Seal and Authorization (If a corporation) Address

City, County, State and Zip

Telephone Fax No.

E-Mail Address:

j:\clerical\lowry crossing\4019-general services\137-bridgefarmer road rehabilitation phase 3\tech-spec\09-qualification statement.doc- 1 - Qualification Statement

QUALIFICATION STATEMENT OF BIDDERS

SUBMITTED TO: City of Lowry Crossing

Reviewed by:

Date Received:

Contractor:

CIRCLE ONE: Sole Proprietor Partnership Corporation Joint Venture

Name: Partner:

Address: Address:

City: City:

Phone: Phone:

PRINCIPAL PLACE OF BUSINESS: PRINCIPAL PLACE OF BUSINESS:

County State County State

IF THE CONTRACTOR IS A CORPORATION, FILL OUT THE FOLLOWING:

State of Incorporation:

Location of Principal Office:

Contact Persons at Office:

PERSON EXECUTING CONTRACTS ON BEHALF OF CORPORATION:

Name: Address:

Title:

Phone: City State Zip Email:

Names of Officers: (If Applicable)

LIST NUMBER OF EMPLOYEES WORKING FOR CONTRACTOR:

LIST ALL EQUIPMENT TO BE USED ON THIS PROJECT: (PLEASE USE ATTACHMENT)

NUMBER OF YEARS IN BUSINESS AS A GENERAL CONTRACTOR ON PROJECTS SIMILAR

TO THIS PROJECT:

TYPE(S) OF WORK COMPLETED: (CIRCLE)

Asphalt Paving Storm Sewer

Concrete Paving Earth Work

Channel Lining Water & Sanitary Sewer Lines

Concrete Inlets/Boxes j:\clerical\lowry crossing\4019-general services\137-bridgefarmer road rehabilitation phase 3\tech-spec\09-qualification statement.doc- 2 - Qualification Statement

Other:

COMMENTS:

LIST RECENTLY COMPLETED PROJECTS OF THE TYPE OF WORK QUALIFYING FOR

OR SIMILAR WORK, PLUS THE FOLLOWING INFORMATION FOR EACH PROJECT:

Project:

Owner/Engineer:

Year Built: Contract Price: $

Contact Person: Phone:

(USE ATTACHMENTS IF NECESSARY)

j:\clerical\lowry crossing\4019-general services\137-bridgefarmer road rehabilitation phase 3\tech-spec\09-qualification statement.doc- 3 - Qualification Statement

LIST CURRENT PROJECTS UNDER CONSTRUCTION, PLUS THE FOLLOWING

INFORMATION FOR EACH PROJECT LISTED:

Percent Complete: % Contract Price: $

Contact Person: Phone:

(USE ATTACHMENTS IF NECESSARY)

IF COMPANY IS UNDER NEW MANAGEMENT, PLEASE LIST NAMES OF STAFF AND

QUALIFICATION AND/OR EXPERIENCE OF SAID PERSONS. (PLEASE USE ATTACHMENT.)

HAVE YOU OR ANY PRESENT PARTNER(S) OR OFFICER(S) FAILED TO COMPLETE A

CONTRACT? _____

IF SO, NAME OF OWNER AND/OR SURETY:

CONTACT PERSON: PHONE:

ARE THERE ANY UNSATISFIED DEMANDS UPON YOU AS TO YOUR ACCOUNTS

PAYABLE? Yes No

IF SO, GIVE NAMES, AMOUNTS, AND EXPLANATIONS:

j:\clerical\lowry crossing\4019-general services\137-bridgefarmer road rehabilitation phase 3\tech-spec\09-qualification statement.doc- 4 - Qualification Statement

BANK REFERENCE: Bank:

Address:

City: State: Zip:

Contact Person:

Phone:

MUNICIPALITY REFERENCE: City:

Contact Person: Position:

Address: Phone:

In compliance with Invitation to Bid for above mentioned types of projects, the undersigned is submitting the information as required with the understanding that the purpose is only to assist in determining the qualifications for this organization to perform the type and magnitude of work designated, and further, guarantee the truth and accuracy of all statements made, and will accept your determination of qualifications without prejudice. The surety herein named, any other bonding company, bank, sub-contractor, supplier, or any other person(s), firm(s) or corporations with whom I (we) have done business, or who have extended any credit to me

(us) are hereby authorized to furnish you with any information you may request concerning performance on previous work and my (our) credit standing with any of them; and I (we) hereby release any and all such parties from any legal responsibility whatsoever on account of having furnished such information to you.

Signed: Title:

Company: Date:

COPY TO LOCAL UNDERWRITING OFFICE OF PROPOSED SURETY

Name: Phone:

Address: City: State:

j:\clerical\lowry crossing\4019-general services\137-bridgefarmer road rehabilitation phase 3\tech-spec\09-qualification statement.doc- 5 - Qualification Statement

QUALIFICATION STATEMENT OF BIDDER'S SURETY

SUBMITTED TO: City of Lowry Crossing

BIDDER:

ADDRESS:

PHONE:

1. Has this surety furnished contract bonds on contracts now complete?

2. Has this surety furnished contract bonds on contracts now incomplete?

3. What is the maximum bonding capacity of this Contractor?

4. Is the current financial information on this Contractor satisfactory?

5. Does information obtained indicate accounts are paid when due?

If not, give details:

6. Is it your opinion that the bidder has sufficient experience and financial resources to satisfactory perform the contract?

7. Provided this bidder does not assume other commitments or that you do not acquire further information that in your opinion will materially affect the bidder's capacity to perform this contract, will you furnish the bonds as specified?

REMARKS:

SURETY:

SIGNED:

TITLE:

ADDRESS:

CITY: STATE: ZIP:

PHONE:

(IN DUPLICATE)

j:\clerical\lowry crossing\4019-general services\137-bridgefarmer road rehabilitation phase 3\tech-spec\10-vendors compliance.doc- 1 - Vendors Compliance to State Law

VENDORS COMPLIANCE TO STATE LAW

Texas Government Code, Chapter 2252, Subchapter A provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state Contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident’s principal place of business is located. The appropriate blanks in Section 4 must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident Contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B.

A. Non-resident vendors in __________________ (give state), our principal place of business, are required to be _____ percent lower than resident bidders by state law. A copy of the statute is attached.

Non-resident vendors in __________________ (give state), our principal place of business, are not required to underbid resident bidders.

B. Our principal place of business or corporate office is in the State of Texas.

BIDDER/OFFEROR:

Company: (please print)

Address: Signature:

Title:

City State Zip (please print)

Phone:

THIS FORM MUST BE RETURNED WITH YOUR QUOTATION

j:\clerical\lowry crossing\4019-general services\137-bridgefarmer road rehabilitation phase 3\tech-spec\11-agreement.docx CA-1

CONTRACT AGREEMENT

STATE OF TEXAS §

COUNTY OF COLLIN §

THIS AGREEMENT is made and entered into this day of 20 , by and between the City of Lowry Crossing, of the County of Collin and State of Texas, acting through its Mayor, there unto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and

, of the City of , County of , State of Party of the Second Part, hereinafter termed CONTRACTOR.

WITNESSETH: That for and in consideration of the payment and agreement hereinafter mentioned, to be made and performed by the OWNER, the said CONTRACTOR hereby agrees with the said OWNER to commence and complete construction of certain improvements as follows:

BRIDGEFARMER ROAD REHABILITATION

(PHASE 3 – HIGHRIDGE FARMS TO DOWDY RD.)

and all extra work in connection therewith, under the terms as stated in the General and Specific Conditions of the AGREEMENT; and at his own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto and in accordance with the Advertisement for Bids, Instructions to Bidders, General Provisions, Special Provisions, Plans, and other drawings and printed or written explanatory matter thereof, and the Technical Specifications and Addenda thereto, as prepared by the OWNER, each of which has been identified by the endorsement of the CONTRACTOR and the OWNER thereon, together with the CONTRACTOR’s written Proposal and the General Provisions, all of which are made a part hereof and collectively evidence and constitute the entire AGREEMENT.

The CONTRACTOR hereby agrees to commence work within ten (10) calendar days after the date of written notice to do so shall have been given to him, to complete the work within One Hundred Twenty (120) Calendar Days, after he commences work, subject to such extensions of time as are provided by the General Provisions.

The OWNER agrees to pay the CONTRACTOR

Dollars ($ ) In current funds for the performance of the Contract in accordance with the Proposal submitted thereof, subject to additions and deductions, as provided in the General Provisions, and to make payments of account thereof as provided therein.

j:\clerical\lowry crossing\4019-general services\137-bridgefarmer road rehabilitation phase 3\tech-spec\11-agreement.docx CA-2

IN WITNESS WHEREOF, the parties of these presents have executed this AGREEMENT in the year and day first above written.

(Owner) (Contractor)

ATTEST ATTEST:

The following to be executed if the CONTRACTOR is a corporation:

I, ________________________________________ certify that I am the secretary of the corporation named as

CONTRACTOR herein; that ____________________________________________, who signed this Contract on behalf of the CONTRACTOR is the _____________________________ (official title) of said corporation; that said Contract was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

Signed:

Corporate Seal j:\clerical\lowry crossing\4019-general services\137-bridgefarmer road rehabilitation phase 3\tech-spec\12-bonds.docx PB-1

PERFORMANCE BOND

STATE OF TEXAS } Bond #________________

COUNTY OF COLLIN }

That , of the

City of , County of , and State of , as principal, , and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto

(Owner), in the penal sum of Dollars ($_____________________) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents:

Principal has entered into a certain written contract with the Owner, dated the Day of , 20_______, to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect;

PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of 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 Article to the same extent as if it were copied at length herein.

Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder.

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 20_____.

Principal Surety

The name and address of the Resident Agent of Surety is

* Not applicable for federal work. See "The Miller Act," 40 U.S.C. §270.

j:\clerical\lowry crossing\4019-general services\137-bridgefarmer road rehabilitation phase 3\tech-spec\12-bonds.docx PB-2

PAYMENT BOND

STATE OF TEXAS } Bond #________________

That , of the City of , County of , and State of , as principal, , and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto

(Owner), in the penal sum of Dollars ($______________________) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents:

Principal has entered into a certain written contract with the Owner, dated the Day of , 20_______, to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise, to remain in full force and effect;

PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of 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 Article to the same extent as if it were copied at length herein.

Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder.

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 20______.

Principal Surety

The name and address of the Resident Agent of Surety is j:\clerical\lowry crossing\4019-general services\137-bridgefarmer road rehabilitation phase 3\tech-spec\13-m-bond.docx

MAINTENANCE BOND

Bond #________________

THE STATE OF TEXAS }

} KNOW ALL PERSONS BY THESE PRESENTS:

THAT , as Principal, and , a Corporation organized under the laws of , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the , a Municipal Corporation, Texas, the sum of Dollars and Cents ($ ), which this amount is % of the total contract amount of ($ ), for the payment of which sum will and truly be made unto said , and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally.

THIS obligation is conditioned; however, that whereas, the said has this day entered into a written contract with the said to build and construct

BRIDGEFARMER ROAD REHABILITATION (PHASE 3 – HIGHRIDGE FARMS TO DOWDY RD.)

which contract and the plans and specifications therein mentioned, adopted by the are hereby expressly made a part thereof as through the same were written and embodied herein.

WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and/or reconstructing in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said City of Lowry Crossing, Texas shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time.

IN WITNESS THEREOF, the said has caused these presents to be executed by and the said has caused these presents to be executed by its' Attorney in fact and the said Attorney in fact , has hereunto set his hand, the day of , 20______.

SURETY: PRINCIPAL:

WITNESS: ATTEST:

Secretary

NOTE: Date of Maintenance Bond must not be prior to date of Contract.

j:\clerical\lowry crossing\4019-general services\137-bridgefarmer road rehabilitation phase 3\tech-spec\14-insurance.docx

S A M P L E j:\clerical\lowry crossing\4019-general services\137-bridgefarmer road rehabilitation phase 3\tech-spec\14-insurance.docx j:\clerical\lowry crossing\4019-general services\137-bridgefarmer road rehabilitation phase 3\tech-spec\14-insurance.docx

FORM 1295 INSTRUCTIONS

Certificate of Interested Parties www.ethics.state.tx.us/File http://www.ethics.state.tx.us/File

Implementation of House Bill 1295

Certificate of Interested Parties (Form 1295):

In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency.

The law applies (with a few exceptions) only to a contract between a business entity and a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016.

Changed or Amended Contracts:

Form 1295 is only required for a change made to an existing contract in certain circumstances: (1) if a Form 1295 was not filed for the existing contract, then a filing is only required if the changed contract either requires an action or vote by the governing body or the value of the changed contract is at least $1 million; or (2) if a Form 1295 was filed for the existing contract, then another filing is only required for the changed contract if there is a change to the information disclosed in the Form 1295, the changed contract requires an action or vote by the governing body, or the value of the changed contract increases by at least $1 million.

As required by law, the Commission adopted the Certificate of Interested Parties form (Form 1295) on October 5, 2015. The Commission also adopted rules (Chapter 46) to implement the law. The Commission does not have any additional authority to enforce or interpret section 2252.908 of the Government Code.

Filing Process:

A business entity must use the Form 1295 filing application the Commission created to enter the required information on Form 1295 and print a copy of the completed form. Once entered into the filing application, the completed form will include a unique certification number, called a “certification of filing.”

An authorized agent of the business entity must sign the printed copy of the form affirming under the penalty of perjury that the completed form is true and correct.

The completed, printed, and signed Form 1295 bearing the unique certification of filing number must be filed with the governmental body or state agency with which the business entity is entering into the contract.

Acknowledgement by State Agency or Governmental Entity:

Page 1 of 21295 Information

8/1/2018https://www.ethics.state.tx.us/tec/1295-Info.htm

The governmental entity or state agency must acknowledge receipt of the filed Form 1295 with the certification of filing, using the Commission’s filing application, not later than the 30th day after the date the governing body or state agency receives the Form 1295. The Commission will post the completed Form 1295 to its website within seven business days after the governmental entity or state agency acknowledges receipt of the form.

Additional Information:

Section 2252.908, Government Code.

Certificate of Interested Parties (Form 1295)** **This is a sample form for illustration purposes only. DO NOT FILL OUT THIS SAMPLE FORM. Form 1295 MUST BE FILED ELECTRONICALLY! Paper copies and PDF copies of this sample form are not accepted!

Chapter 46, Ethics Commission Rules (includes new rule 46.4, regarding changes to contracts, which went into effect on January 1, 2017)

Frequently Asked Questions

Last Revision: December 21, 2017

Page 2 of 21295 Information

8/1/2018https://www.ethics.state.tx.us/tec/1295-Info.htm

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 12/22/2017

FORM 1295CERTIFICATE OF INTERESTED PARTIES

OFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLYYYYY

6 UNSWORN DECLARATION

My name is _______________________________________________________, and my date of birth is _______________________________.

My address is ________________________________________________, ___________________, _______, __________, ______________.

(street) (city) (state) (zip code) (country)

I declare under penalty of perjury that the foregoing is true and correct.

Executed in ___________________ County, State of ______________ , on the _______ day of _______________, 20______.

(month) (year)

Signature of authorized agent of contracting business entity (Declarant)

ADD ADDITIONAL PAGES AS NECESSARY

Name of Interested Party Nature of Interest (check applicable)City, State, Country

(place of business) Controlling Intermediary

Name of governmental entity or state agency that is a party to the contract for which the form is being filed.

3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract.

Complete Nos. 1 - 4 and 6 if there are interested parties.

Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.

1 Name of business entity filing form, and the city, state and country of the business entity's place of business.

Check only if there is NO Interested Party.

Mus t fi le on lin e a t w ww.et hic s.s tat e.t x.u s/F ile

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

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

1 Name of vendor who has a business relationship 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 the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature of vendor doing business with the governmental entity Date ownership interest of one percent or more.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021

Revised 1/1/2021Form provided by Texas Ethics Commission www.ethics.state.tx.us

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;

or

(ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)

(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or

(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the vendor becomes aware:

(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a);

(B) that the vendor has given one or more gifts described by Subsection (a); or

(C) of a family relationship with a local government officer.

j:\clerical\lowry crossing\4019-general services\137-bridgefarmer road rehabilitation phase 3\tech-spec\17-construction staking.docx

CONSTRUCTION STAKING

Control for the project has been set by the Engineer and control is shown in the Construction Plans.

Contractor shall complete all construction staking. Cut sheets shall be provided to the inspector.

Prior to commencement of the work by the Contractor, the Contractor shall submit an electronic digital file (.DWG or .DXF format) containing a minimum of two Birkhoff, Hendricks & Carter, L.L.P. control points and this certification form stating that the construction staking is tied to the project control points established in the Plans.

The Engineer will review Contractor’s electronic survey file to verify that the survey file is tied to the project control.

I, of

(Surveyor’s Name (Company) certifies that all construction staking is tied to the project control system.

Signature Date Printed Name

Note: To be submitted when construction staking control and cut sheet staking commences.

j:\clerical\lowry crossing\4019-general services\137-bridgefarmer road rehabilitation phase 3\tech-spec\18-genprov-city.docx

GPC-1

SPECIAL PROVISIONS

TO THE

NORTH CENTRAL TEXAS STANDARD SPECIFICATIONS

FOR PUBLIC WORKS CONSTRUCTION

PART I - GENERAL PROVISIONS

DIVISION 1: PROPOSAL REQUIREMENTS AND OTHER GENERAL CONDITIONS

The General Provisions of the North Central Texas Standard Specifications shall be modified and clarified by the addition to the following requirements to the various items. Except when specifically stated, none of the requirements of the General Provisions shall be deleted.

ITEM 102.11. REJECTION OF PROPOSALS

Change the second sentence of Item 102.11 to read: “Proposal shall be rejected for any of the following specific reasons, but not necessarily limited thereto:”

ITEM 102.12. DISQUALIFICATION OF BIDDERS

Change the first sentence of Item 102.12 to read, “Bidders may be disqualified and their proposal not considered for any of the following specific reasons, but not necessarily limited thereto:”

ITEM 103.2. AWARD OF CONTRACT

It is the intention of the Owner to award a contract for the work included in this project on the basis of the lowest acceptable bid submitted by a qualified bidder, as determined by the Owner.

Within five (5) working days after the bid opening, the low bidder shall submit such evidence as the Owner may require establishing the bidder’s qualifications to satisfactorily perform the work included in this project. Information that may be required shall include the following:

(1) Current Financial Statement.

(2) Letter of Auditor’s opinion.

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

(4) List of projects that have been satisfactorily completed by the Bidder that are of the same general type as included in this contract, together with names, addresses and phone numbers or persons familiar with this work.

(5) Other information that may be pertinent to the Bidder’s Qualifications.

Should the bidder fail to produce evidence satisfactory to the Owner on any of the foregoing points he may be disqualified, and the work awarded to the next bidder so qualifying.

j:\cler…