City of Murphy - Tablerock Culvert Extension - Specifications.pdf

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NOTICE TO BIDDERS

TABLEROCK CULVERT EXTENSION

Sealed bids will be received by the City of Murphy, Texas in the Office of Customer Service at Murphy

City Hall, located at 206 N. Murphy Rd., Murphy, TX 75094, until 2:00 p.m., Thursday, October 8, 2026, and then publicly opened and read in the City Council Chambers, for furnishing all labor, material and equipment, and performing all work required for construction of Tablerock Culvert Extension together with all necessary appurtenances.

Proposals shall be accompanied by a cashier's or certified check upon a national, state bank or savings and loan in an amount not less than five percent (5%) of the total maximum bid price, payable without recourse to the

City of Murphy, or a bid bond in the same amount from a reliable surety company, holding a permit from the State of Texas to act as surety, as a guarantee that the bidder will enter into a contract and execute performance bond and payment bond within ten (10) days after notice of award of contract to him.

Plans, specifications and bidding documents may be downloaded from CivcastUSA.com starting

Thursday, September 17, 2026. Bidding documents downloaded from plan rooms shall be at the Proposer’s sole risk. No guarantee of receipt of addenda or clarifications will be made for third party downloads. Contact Marc

Bentley with Birkhoff, Hendricks, & Carter, LLP, via email at mbentley@bhcllp.com or phone (214) 361-

7900, with general questions.

CITY OF MURPHY, TEXAS

Advertisement

1st Advertisement: September 17, 2026

2nd Advertisement: September 24, 2026

Item

No.

Estimated

Quantity Unit

Price in

Figures

Extended

Amount

1 1 L.S.

complete in place, the sum of

Dollars and

Cents per

2 1.2 Ac.

complete in place, the sum of

Dollars and

Cents per

3 330 L.F.

complete in place, the sum of

Dollars and

Cents per

4 1 Ea.

complete in place, the sum of

Dollars and

Cents per

5 270 L.F.

complete in place, the sum of

Dollars and

Cents per

Linear Foot

Acre

Linear Foot

Description and Price in Words

BID PROPOSAL

City of Murphy

Tablerock Culvert Extension

Mobilization

Clear & Grub including Tree Removal

Sawcut Full Depth and Remove Existing Concrete

Flume

Remove Existing Concrete Headwall

Furnish & Install 6' x 6' Reinforced Concrete Box

Culvert including embedment

Each

Lump Sum

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Estimated

Quantity Unit

Price in

Figures

Extended

Amount Description and Price in Words

6 1 Ea.

complete in place, the sum of

Dollars and

Cents per

7 15 S.Y.

complete in place, the sum of

Dollars and

Cents per

8 11,300 C.Y.

complete in place, the sum of

Dollars and

Cents per

9 52,272 S.F.

complete in place, the sum of

Dollars and

Cents per

10 1 L.S.

complete in place, the sum of

Dollars and

Cents per

11 270 L.F.

complete in place, the sum of

Dollars and

Cents per Linear Foot

Lump Sum

Implement Trench Safety

Square Foot

Prepare Trench Safety Plan

Cubic Yard

Furnish & Install Buffalo Grass & Blue Grama Grass

Seed

Square Yard

Load, Haul, Place and Compact Fill Material from

Public Works Stockpile to Jobsite

Furnish & Install Rock Rip-Rap 24" Deep with

Mininum Size 10" Rock

Each

Construct Concrete Wing Walls (Both Sides) Per

Detail Sheet

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Estimated

Quantity Unit

Price in

Figures

Extended

Amount Description and Price in Words

12 1 L.S.

complete in place, the sum of

Dollars and

Cents per

13 1 L.S.

complete in place, the sum of

Dollars and

Cents per

14 1 L.S.

complete in place, the sum of

Dollars and

Cents per

TOTAL AMOUNT BID (Items 1 Through 14)

Lump Sum

Furnish, Install, Maintain & Remove Erosion Control

Measures

Furnish Erosion Control Plan

Lump Sum

Lump Sum

Furnish SWPPP & Erosion Control Plan

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STANDARD FORM OF AGREEMENT

STATE OF TEXAS }

COUNTY OF COLLIN }

THIS AGREEMENT, made and entered into this day of , A.D. 20 26 , by and between The City of Murphy , a municipal corporation, of the County of Collin and State of Texas, acting through Its City Manager thereunto duly authorized so to do, hereinafter termed OWNER, and of the City of , County of and

State of , hereinafter termed CONTRACTOR, in the sum of Dollars ($ ).

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, and under the conditions expressed in the bond bearing even date herewith, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction of certain improvements described as follows:

TABLEROCK CULVERT EXTENSION

and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) 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 Notice to Contractors, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda therefor, as prepared by Birkhoff, Hendricks & Carter, L.L.P., Professional Engineers, 11910 Greenville

Ave., Suite 600, Dallas, Texas 75243 herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the Performance and Payment Bonds in the amount of 100% of the contract price and Maintenance Bond in the amount of 15% of the contract price, hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract.

The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete the same within Ninety (90) calendar days after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and Special Conditions.

THE OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract.

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

(OWNER) (CONTRACTOR)

By: By:

Aretha Adams, City Manager

Attest: Attest:

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GENERAL CONDITIONS

(Current for the 5th Edition, dated November 2017, with Latest Amendments)

PART 1: GENERAL CONDITIONS - DIVISION 1, CITY CONSTRUCTION CONTRACTS

The General Provisions of the North Central Texas Standard Specifications are the General Conditions for this contract and 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 Conditions shall be deleted. Item numbers with a plus (+) sign indicates items added to the Standard Specifications. Where NCTCOG Specifications are updated or item numbers between these amendments to the General Conditions and the NCTCOG General Provisions do not agree, the title or intent of the subject heading shall control. The General Conditions are hereby amended as follows:

ITEM 102.11 REJECTION OF PROPOSALS

Change the second sentence of Item 102.11 to read: "Proposal may 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

Substitute the following:

The Owner intends to issue a purchase order for this project within sixty (60) days after the date of opening bids on the basis of the lowest acceptable bid submitted by a qualified bidder, as determined by the Owner. The Contractor or Contractors shall complete execution of the required Bonds and Contract within fifteen (15) calendar days of such notice.

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. The minimum information required shall include but may not be limited to the following:

(1) Current Financial Statement, Balance Sheet, and Income Statement.

(2) 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.

(3) 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.

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ITEM 103.4.5.3 POLICY ENDORSEMENTS AND SPECIAL CONDITIONS

Add the following:

(5) "Should any person sustain bodily injury or property damage within the limits of this project, the Contractor or his insurance agent shall investigate and report immediately his findings in writing to the Owner. The Owner, in his sole discretion, may elect at any time to file for coverage directly under the Owner's and Contractor's Protective Liability Policy."

ITEM 103.6 NOTICE TO PROCEED AND COMMENCEMENT OF WORK

Change the second and third sentences of 103.6 to read: “The Owner will notify the successful bidder, in writing, within sixty (60) calendar days after the date of opening bids, of the acceptance of the proposal. The Contractor or Contractors shall complete execution of the required Bonds and Contract within fifteen (15) calendar days of such notice.”

ITEM 105.3 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

Delete this section in its entirety and substitute therefore Section SC.41 - SHOP DRAWINGS & ENGINEERING DATA in the Special Conditions.

ITEM 105.4 CONSTRUCTION STAKES

Delete in its entirety and substitute therefore the following:

The City of MURPHY will furnish and set control points for this project as shown on the plans. Establishment of the aforementioned control points by the Owner shall in no way release the Contractor of the responsibility of the correctness of the control points or the responsibility for checking to ensure that the work is constructed to the lines and grades as shown on the plans.

The control points set by the City of MURPHY will be set sufficiently in advance of the work to avoid delays. The Contractor will be held responsible for the preservation of all control points, and if, in the opinion of the City of MURPHY, any of the control points have been carelessly or willfully disturbed by the Contractor, the cost of replacing them will be charged against him and deducted from the payment for the work.

The Contractor shall furnish and set additional stakes and other materials and templates necessary for making and maintaining points and lines, including layout stakes, line and grade stakes for grading, paving, culverts, bridges, structures and appurtenances.

The City of MURPHY will perform such checking of the Contractor's stakes as considered necessary by the City of MURPHY. Such checking by the City of MURPHY will in no way release the Contractor of his responsibility for the correctness of the stakes or the responsibility for checking to insure that the work is constructed to the lines and grades as shown on the plans.

ITEM 106.5 WATER FOR CONSTRUCTION

The Contractor shall make the necessary arrangements for securing and transporting all water required in the construction, including water required for mixing of concrete, sprinkling, testing or flushing. The City of MURPHY shall provide water as required at the expense of the City, unless the proposed facility fails pressure tests.

Any party requesting the use of a temporary meter on a fire hydrant in the City of MURPHY shall execute an agreement with the City of MURPHY and shall deposit with the City of MURPHY the amount required by ordinance. Such deposit shall be returned upon payment of all charges for water use, and upon return of the meter, fittings, and wrench in their original condition. Contractor shall specify in their application to Customer Service for the fire hydrant meter that this is for a City Project so no bill for water usage will be j:\clerical\murphy\2026-126 tablerock culvert extension\specs\tech-spec\19-gp city.docx GC-3 issued. Stationary meters shall be always locked to fire hydrants. Installation, set up and service fees shall be in the amounts established by ordinance.

It shall be unlawful for any person to open or close any fire hydrant used to obtain water for any purpose with any tool or device other than a standard accepted fire hydrant wrench, which can be supplied by the City of MURPHY.

Representatives of the MURPHY Utility Meter Department shall read temporary fire hydrant meters monthly, and bills rendered at the current rates for all consumption.

Customers using such meters shall comply with the written procedures implemented by the Director of Public Works regarding making the meters available to be read by representatives of the MURPHY Water Department. It shall be unlawful for any person to fail to make such meter available to be read by representatives of the MURPHY Utility Meter Department, as required by written procedures issued by the Director of Public Works.

Upon conviction of violation of the above requirements punishment shall be by fine not to exceed Two Hundred Dollars ($200.00). Each day on which a violation exists shall constitute a separate offense.

ITEM 107.2 INDEMNIFICATION

Delete Item 107.2 in its entirety and substitute therefore the following:

The Contractor and his sureties shall indemnify, defend and save harmless the OWNER and all of its officers, agents and employees, ENGINEER and all of its officers and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries, including death or damages received or sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act, omission or fault of the Contractor, his agents, employees or subcontractors in the execution of said contract; or on account of the failure of the Contractor to provide the necessary safety devices; and shall be required to pay any judgment, with cost, which may be obtained against the Owner or Engineer growing out of such injury, including death or damage.

ITEM 107.14 STATE AND LOCAL SALES AND USE TAXES

Delete in its entirety and substitute therefore the following:

Recent legislation has removed the sales tax exemption previously provided by Section

151.311 of the Tax Code covering tangible personal property purchased by a contractor for use in the performance of a contract for the improvement of City-owned realty.

It is still possible, however, for a contractor to make tax-free purchases of tangible personal property, which will be incorporated into and become part of a City construction project through the use of a "separated contract" with the City. A "separated contract" is one, which separates charges for materials from charges for labor. Under such a contract, the contractor becomes a "seller" of those materials, which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in lieu of paying the sales tax at the time such items are purchased. The contractor then receives an exemption certificate from the City for those materials. (This procedure may not be used, however, for materials, which do not become a part of the finished product. For example, equipment rentals, form materials, etc. are not considered as becoming "incorporated" into the project.)

Utilization of this "separated contract" approach eliminates the need for bidders to figure in sales tax for materials, which are to be incorporated into the project. Bid items that contain non-taxable materials are identified in the Bid Schedule for this project. The successful bidder will be required to complete a Contract Form provided by the Owner identifying and separating non-taxable materials from the labor and taxable materials that are not j:\clerical\murphy\2026-126 tablerock culvert extension\specs\tech-spec\19-gp city.docx GC-4 incorporated into the finished project. The completed contract form will be used to develop the "separated contract" and will determine the extent of the tax exemption.

ITEM 108.2 PROSECUTION OF THE WORK

Add the following to the end of the first paragraph: "regardless of the expected completion date set forth in the Contract Documents."

Delete the third paragraph in its entirety.

ITEM 108.14 ANTITRUST

The Contractor hereby assigns to the Owner any and all claims for over-charges associated with this contract which arise under the Antitrust Laws of the United States, 15 U.S.C.A.

Section 1, et seq, (1973).

SPECIAL CONDITIONS

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CITY OF MURPHY (OWNER)

INDEX

SC.01 - General

SC.02 - Location of Project

SC.03 - Owner, Engineer and Inspector

SC.04 - Forms Plans & Specifications Furnished

SC.05 - Pre-Bid Conference

SC.06 - Scope of Work

SC.07 - Construction Data & Record Drawings

SC.08 - Shop Drawings & Engineering Data

SC.09 - Lines and Grades

SC.10 - Permits, Licenses & Regulations

SC.11 - Referenced Specifications

SC.12 - Review of Work

SC.13 - Property Lines & Monuments

SC.14 - Discrepancies

SC.15 - Definition of Terms

SC.16 - Allotted Completion Time

SC.17 - Existing Structures & Service Lines

SC.18 - Public Utilities & Other Property

SC.19 - Lights & Power

SC.20 - Water for Construction

SC.21 - Permits and Rights-of-Way

SC.22 - Pre-Construction Conference

SC.23 - Addenda

SC.24 - Excavation and Drainage

SC.25 - Contractor’s Bid and Pay Items

SC.26 - Owner’s Status

SC.27 - Owner’s Decisions

SC.28 - Owner May Suspend Work

SC.29 - Cleanup & Disposal of Waste & Surplus

SC.30 - Liquidated Damages

SC.31 - Use of Explosives

SC.32 - Project Maintenance

SC.33 - Removals, Adjustments & Replacements

SC.34 - Fences, Improvements & Drainage Channels

SC.35 - Traffic Control–Barricades, Lights & Watchmen

SC.36 - Construction in Public Roads

SC.37 - Site Administration

SC.38 - Superintendence By Contractor

SC.39 - Working Day

SC.40 - Dust Control

SC.41 - Pollution Control

SC.42 - Sanitary Facilities

SC.43 - Coordination With Others

SC.44 - Project Access

SC.45 - Compliance With Applicable Codes, Standards and Laws

SC.46 - Resolution of Disputes

SC.47 - Compliance With Immigration Laws

SC.48 - State & City Sales Taxes

SC.49 - Insurance

SC.50 - Workers’ Compensation

SC.51 - Trade Names & Materials

SC.52 - Guaranty Against Defective Work & Extended

Warranties

SC.53 - Construction Schedule

SC.54 - Contractor’s Warranty of Title

SC.55 - Contractor’s Continuing Obligation

SC.56 - Waiver of Claims

SC.57 - Documentation to Accompany Applications for

Payment

SC.58 - Partial Payments

SC.59 - Application for Final Payment

SC.60 - Contractor’s Affidavit of Bills Paid

SC.61 - Retainage

SC.62 - Cash Flow Schedule

SC.63 - Progress Reports & Meetings

SC.64 - Quality Control

SC.65 - Trench Safety – Geotechnical Services

SC.66 - Preliminary Field Tests

SC.67 - Final Field Tests

SC.68 - Correction Period

SC.69 - Handling Materials Not Approved

SC.70 - Tree Protection & Stand of Grass

SC.71 - Wage Rates

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CITY OF MURPHY (OWNER)

SC.01 GENERAL

The provisions of this section of the specifications shall govern in the event of any conflict between them and the "General Conditions."

SC.02 LOCATION OF PROJECT

Refer to the Construction Plan Location Map.

SC.03 OWNER, ENGINEER AND INSPECTOR

Owner is the City of Murphy acting through their duly authorized personnel and agents. All notices, letters, and other communications shall be directed to the Owner’s Engineer and shall be addressed and delivered to:

Mr. Marc Bentley, P.E.

Birkhoff, Hendricks & Carter, LLP 11910 Greenville Ave. # 600 Dallas, Texas 75243

The Owner reserves the right to employ a Representative to observe the construction and perform on-site inspection on the Owner’s behalf. The Owner's Representative will observe and check the construction in sufficient detail to satisfy himself that the work is proceeding in general accordance with the contract documents, but he will not be a guarantor of the Contractor's performance.

SC.04 PRE-BID CONFERENCE

A Pre-Bid Conference will be held for all bidders at the City of Murphy, Council Chambers, 206 N Murphy Road, at 2:00 PM, Tuesday, September 29, 2026. Any requests for substitute "or equal" products must be submitted in writing to The Engineer at this meeting. Therefore, although not mandatory, it is highly recommended that each entity submitting a bid have a representative at the pre-bid conference. Shop drawings, details, product data sheets or any other pertinent information to assist The Engineer in determining equivalency shall accompany the written request. NO REQUESTS

FOR PRODUCT SUBSTITUTION WILL BE CONSIDERED SUBSEQUENT TO THE PRE-BID

CONFERENCE.

SC.05 FORMS PLANS AND SPECIFICATIONS FURNISHED

The Engineer will furnish five (5) sets of half size (11”x17”) plans and specifications to the Contractor, at no charge, for construction purposes. Additional copies of plans and specifications may be obtained from the Engineer at cost of reproduction, upon request.

SC.06 SCOPE OF WORK

The work to be performed shall consist of furnishing all plant, labor, materials and equipment, and performing all work required for complete construction of the Project called:

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SC.07 CONSTRUCTION DATA AND RECORD DRAWINGS

Maintenance of Documents. The Contractor shall maintain one record copy of all Specifications, Construction Drawings (Plans), Addenda, Change Orders and Shop Drawings and other modifications to the Contract, field test reports and other documents submitted by the Contractor in compliance with these specifications. These documents shall be maintained at the site in good order and annotated to show all changes made during the construction process apart from those used for construction purposes. These shall be available to the Owner and Engineer and shall be delivered to the Engineer upon completion of the work unless otherwise directed by the Owner.

Recording. Each document shall be labeled “Project Record Copy” in 2-inch high printed letters.

The record documents shall be kept current. No work shall be covered until required information has been recorded.

Contract Drawings. The appropriate drawing shall be legibly marked to record, where applicable:

• Horizontal and vertical location of underground utilities and appurtenances referenced to permanent surface improvements.

• Field changes of dimension and detail made during the construction process.

• Changes made by Change Order or Supplemental Agreements.

• Details not on the original Contract Drawings.

• Manufacturer, trade name, catalog number and supplier of each product and item of equipment installed.

• Other matters not originally specified.

SC.08 SHOP DRAWINGS & ENGINEERING DATA

Engineering data covering all equipment and fabricated materials to be furnished under this contract that shall be permanently incorporated to the project shall be submitted to Engineer for review. This data shall include drawings and descriptive information in sufficient detail to show the kind, size, arrangement, and operation of component materials and devices; the external connections, anchorages, and supports required; performance characteristics; and dimensions needed for installation and correlation with other materials and equipment.

All submittals regardless of origin, shall be stamped with the approval of Contractor and identified with the name and number of this contract, Contractor's name, and references to applicable specification paragraphs and Contract Drawings. Each submittal shall indicate the intended use of the item in the work. When catalog pages are submitted, applicable items shall be clearly identified.

Current revision, issue number, and date shall be included on all drawings and descriptive data.

Contractor's stamp of approval is a representation to Owner and Engineer that Contractor accepts full responsibility for determining and verifying all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that he has reviewed or coordinated each submittal with the requirements of the work and the Contract Documents.

All deviations from the Contract Documents shall be identified on each submittal and shall be tabulated in Contractor's letter of transmittal. Such submittals shall, as pertinent to the deviation, indicate essential details of all changes proposed by Contractor (including modifications to other facilities that may be required as a result of the deviation) and all required piping diagrams.

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Contractor shall accept full responsibility for the completeness of each submission, and, in the case of a resubmission, shall verify that all exceptions previously noted by Engineer are accounted for.

Contractor shall submit shop drawings electronically in .PDF format to the email address:

mbentley@bhcllp.com Each submittal shall be numbered, referenced to Specification or Plan Sheet.

Comments on shop drawings will be returned to the Contractor in .PDF format via email. Engineer will not accept submittals from anyone but Contractor.

When the drawings and data are returned marked rejected or revise and resubmit, the corrections shall be made as noted thereon and as instructed by Engineer and electronically submitted with revision number.

When corrected copies are resubmitted, Contractor shall in writing direct specific attention to all revisions and shall list separately any revisions made other than those called for by Engineer on previous submissions.

It will be Contractor’s responsibility to schedule the submission of submittals so as not to impede the scheduled construction activities or affect the completion date.

Any need for more than one resubmission, or any other delay in obtaining Engineer's review of submittals, will not entitle Contractor to extension of the Contract Time unless delay of the work is directly caused by a change in the work authorized by a Change Order or by failure of Engineer to return any submittal within fourteen (14) days after its receipt in Engineer's office.

The Engineer's review of drawings and data submitted by Contractor will cover general conformity to the Drawings and Specifications, external connections and dimensions that affect the layout.

Engineer's review does not indicate a thorough review of all dimensions, quantities, and details of the material, equipment, device, or items shown. Engineer's review of submittals shall not relieve Contractor from responsibility for errors, omissions, or deviations or responsibility for compliance with the Contract Documents.

When the drawings and data are returned marked MAKE CORRECTIONS NOTED, NO EXCEPTIONS TAKEN, or RECORD COPY, no additional copies need be furnished.

SC.09 LINES AND GRADES

The Owner had the Engineer establish the horizontal control points and benchmarks as shown on the Plans. The Contractor shall give the Owner at least five (5) days’ notice prior to the need for establishment of additional control points and benchmarks. Establishment of the horizontal control and benchmarks by the Owner shall in no way relieve the Contractor of the responsibility of constructing the work in accordance with the alignment and grade as shown on the Plans. The Contractor will be responsible for setting all field and construction staking. Any work performed without being properly located may be ordered removed and replaced at the Contractor’s expense.

SC.10 PERMITS, LICENSES AND REGULATIONS

Permits and licenses of a temporary nature necessary for the prosecution of the Work shall be secured and paid for by the Contractor. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the Owner, unless otherwise specified. If the Contractor observes that the Drawings and Specifications are at a variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be made as provided in the contract for changes in Work. The Contractor shall comply with all federal, state and local j:\clerical\murphy\2026-126 tablerock culvert extension\specs\tech-spec\23-sc.docx SC-4 laws, rules and regulations of every kind and nature applicable to the performance of its Work hereunder and shall hold the Owner harmless therefrom.

SC.11 REFERENCED 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.

SC.12 REVIEW OF WORK

The Owner shall have the right to review the Work while such Work is in progress to ascertain that the work is being accomplished in compliance with the standards and requirements set forth in the contract Documents. Notwithstanding such review, the Contractor will be held responsible for the finished Work, and any acceptance of the Work by the Owner will not relieve the Contractor from responsibility for the Work. The Owner reserves the right to place full-time construction observers at the site of the Work.

The Owner and his representatives shall always have access to the work when in preparation or progress, and the Contractor shall provide proper facilitates for such access and review.

If the Specifications, the Owner’s instructions, laws, ordinances, or any public authority require any Work to be specially tested, the Contractor shall be responsible for the timely notice of its readiness for testing, and if the testing is by an authority other than the Owner, of the date fixed for such testing.

The Owner may order any Work to be re-examined, and, if so ordered, the Contractor must uncover the Work. If such Work is found to be in accordance with the Contract Documents, the Owner shall pay the cost of the re-examination and replacement of cover. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs.

SC.13 PROPERTY LINES AND MONUMENTS

All property corners, control monuments, construction and survey stakes and marks shall be carefully preserved by the Contractor, and in case of careless damage, destruction or removal by the Contractor, his employees, or subcontractors such stakes or marks shall be replaced at the Contractor’s expense.

SC.14 DISCREPANCIES

If the Contractor, in the course of the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors or omissions in Drawings or in the layout as given by survey points and instructions, or if it appears that any Plan, Specification or other Contract Document is or may be not in compliance with any building code or other requirement of any governmental body, the Contractor shall immediately inform the Owner in writing, and the Owner shall promptly verify the same. Any Work done after such discovery, until authorized, will be done at the Contractor’s risk.

SC.15 DEFINITION OF TERMS

Owner: City of Murphy.

Engineer: An agent designated by the Owner to assume the duties and responsibilities assigned to Engineer in the Contact Documents, with the corresponding rights and authority.

Consulting Engineer is Birkhoff, Hendricks & Carter, L.L.P., 11910 Greenville Avenue, Suite 600, Dallas, Texas 75243, or such other Engineer employed by the Owner and authorized by the Owner to act in any position.

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General Contractor, Contractor or Construction Contractor: The construction contractor selected by the Owner for the construction of the project.

Calendar Days: A Calendar Day shall be defined as including all days with no exceptions.

Final Completion: For the purposes of tracking construction time, release of retainage and assessing liquidated damages, Final Completion shall be defined as the date upon which all items that were identified during the final walk through (punch list) are completed, the Contractor has requested final acceptance of the project and all items have been completed to the satisfaction of the Owner.

SC.16 ALLOTTED COMPLETION TIME

The Notice to Proceed shall consist of a written request by the Owner for the Contractor to proceed with construction of the project. In the event no Notice to Proceed is given, the Contract Time will commence to run ten (10) days after the day on which the Owner delivers the executed Agreement to the Contractor. Completion of this project at the earliest time possible is extremely important. The project shall be complete within Ninety (90) calendar days. A calendar day is any day of the week or month, no days being excepted.

SC.17 EXISTING STRUCTURES AND SERVICE LINES

The plans show the location of all known surface and subsurface structures. However, the Owner and Engineer assume no responsibility for failure to show any or all these structures on the plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever, unless the obstruction encountered necessitates line or grade changes, or require the building of such work, provisions for which are not made in the plans and proposal, in which case the provision in these specifications for extra work shall apply.

The Contractor shall verify the locations of all existing utilities and irrigation system components sufficiently in advance of the construction so that if it is necessary to change or move a utility, the progress of the work will not be delayed.

The Contractor shall be responsible for the protection of all existing service lines crossed or exposed by his construction operations. Where existing service lines are cut, broken or damaged, the Contractor shall immediately replace the service lines with the same type of original construction, or better, at his own cost and expense. All replacement backfill and compaction shall be accomplished in strict accordance with the requirements of the owner of the utility or service line.

The Contractor shall be required to comply with the General Project Notes and other notes shown in the Plans. Contract plans show known existing utilities that may be crossed by the proposed improvements. Contractor shall, in the presence of the Owner, uncover all these utilities prior to the submission of shop drawings or installation of proposed improvements.

If the information indicates that there is a conflict between the existing utility and the grade and/or alignment of the proposed pipeline, the Contractor shall submit a revised profile and/or plan for review by Owner and Engineer.

SC.18 PUBLIC UTILITIES AND OTHER PROPERTY

It will be the Contractors responsibility to contact the proper authority, and set up a field meeting to verify by uncovering of the utility and determine the location and elevation of each major utility described above, at least two weeks prior to crossing the utility. The Contractor shall notify the Owner and the Consulting Engineer immediately of field conditions encountered, if field conditions j:\clerical\murphy\2026-126 tablerock culvert extension\specs\tech-spec\23-sc.docx SC-6 vary from those shown on the contract plans, and allow at least 10-calendar days for the Consulting Engineer to make any necessary adjustments in line or grade. Failure by the Contractor to make proper and timely verification of the existing utilities shall be justification for rejection of claim for extra cost by the Contractor.

If, after field verification, it is necessary to change or move the property of a property owner or of a public utility, seven (7) days’ notice shall be given before such change, and such property shall not be moved or interfered with until authorized by the property owner and the utility company. The right is reserved to the property owner or public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their property that are necessary for performance of this contract. In case it is necessary to change or move the property of the Owner or of a public utility, such property shall not be moved or interfered with until authorized by the utility company and approved by the Owner.

SC.19 LIGHTS AND POWER

The Contractor shall provide, at his own expense, temporary lighting and power facilities required for the proper execution of the Work.

SC.20 WATER FOR CONSTRUCTION

The Contractor shall make the necessary arrangements for securing and transporting all water required in the construction, including water required for mixing of concrete, sprinkling, construction testing, flushing, watering of grassed areas, etc. The cost for water used on the project shall be as described in the General Conditions under Item 106.5+ Water for Construction. The Contractor shall obtain a temporary meter from the City of Murphy with a $1,500.00 deposit. Water use will be subtracted monthly from the deposit and any unused amount returned to the Contractor when meter is returned in satisfactory condition.

SC.21 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 his 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.

The Contractor shall restrict construction activities to the property, rights-of-way and easements obtained by the Owner for the construction of this project.

SC.22 PRECONSTRUCTION CONFERENCE

Prior to the commencement of work at the site, a pre-construction conference will be held at a mutually agreed time at City facilities. The conference shall be attended by:

• Contractor and his superintendent

• Principal Subcontractors

• Representatives of principal suppliers and manufacturers as appropriate

• Engineer

• Representatives of Owner

• Others as requested by Contractor, Owner or Consulting Engineer j:\clerical\murphy\2026-126 tablerock culvert extension\specs\tech-spec\23-sc.docx SC-7

Unless previously submitted to Owner, Contractor shall bring to the conference a tentative schedule for each of the following:

• Progress Schedule

• Cash Flow Schedule

• Shop Drawings and other submittals

• Bid Item No.1 Lump Sum Itemized Breakdown

The purpose of the conference is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. The agenda will include:

• Contractor's tentative schedules

• Discussion on transmittal, review and distribution of Contractor's submittals

• Processing applications for payment

• Maintaining record documents

• Critical work sequencing

• Field decisions and Change Orders

• Use of premises, storage areas, security, and Owner's needs

Owner will preside at the conference and arrange for keeping the minutes and distributing the minutes to all parties in attendance.

SC.23 ADDENDA

Bidders desiring further information, or interpretation, of the Contract Documents, Plans or Specifications, must make written request for such information to the Engineer at least seventy-two

(72) hours before the Bid opening. Answers to all such requests will be given in writing to all Bidders in addendum form and all addenda will be bound with and made a part of the Contract Documents.

No other explanation or interpretation will be considered official or binding. Should a Bidder find discrepancies in, or omissions from, the Plans, Specifications or Contract Documents, or should he be in doubt as to their meaning, he shall at once notify the Engineer in writing in order that a written addendum may be sent to all Bidders.

SC.24 EXCAVATION AND DRAINAGE

The Contractor shall exercise all reasonable precautions to ensure that his excavations and other construction do not block drainage from adjacent properties and shall endeavor to prevent standing water at the construction site.

SC.25 CONTRACTOR’S BID AND PAY ITEMS

The Contractor’s Bid shall be on a Unit Price basis for construction of the Project as shown and described in the Contract Documents and shall include all costs including a pro-rata share of overhead, bonds and profit.

Bid items provided are intended to be all-inclusive of the work required on this project. Work required by the plans or specifications but not provided with a specific pay item shall be considered incidental to other items of work.

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SC.26 OWNER’S STATUS

The Engineer shall perform technical reviews of the Work. He shall also have authority to reject all Work and materials, which do not conform to the Contract and to decide questions that arise in the execution of the Work.

SC.27 OWNER’S DECISIONS

The Owner shall, within a reasonable time after their presentation to him, make decisions in writing on all claims of the Contractor and on all other matters relating to the execution and progress of the Work or the interpretation of the Contract Documents. This project shall be subject to final approval by the City of Murphy.

SC.28 OWNER MAY SUSPEND WORK

Owner may, at any time and without cause, suspend the work or any portion thereof for a period of not more than 90 days by notice in writing to Contractor and Engineer that shall fix the date on which work shall be resumed. Contractor shall resume the work on the date so fixed. If submitted in writing by the Contractor, as provided for in the General Conditions and Special Conditions of the Contract and approved by the Owner, the Contractor will be allowed an increase in contract price or an extension of the contract time, or both, as judged by the Owner to be directly attributable to any suspension.

SC.29 CLEANUP AND DISPOSAL OF WASTE & SURPLUS

The Contractor shall at all times keep the job site free from all excess material, debris and rubbish, as necessary or as directed by the Owner and shall at least once a week remove same from any portion of the job site or when it becomes objectionable or interferes with the progress of the project, or operation of existing facilities. The Contractor shall restore the job site continuously and maintain all restored areas until final acceptance by the Owner.

All trees, stumps, cuttings, brush, concrete, asphalt or other debris removed from the site prior to the construction shall be removed from the property and properly disposed of. The Contractor shall select sites for dumping and shall obtain any required permits. No burning will be allowed.

SC.30 LIQUIDATED DAMAGES

The Contractor understands and agrees that time is of the essence. Contract time shall commence within ten (10) calendar days from the Notice to Proceed being issued to the contractor. The Contractor shall complete all work within the time bid as stated on Standard Form of Agreement, after being provided with a Notice to Proceed. The Owner and Contractor acknowledge that the actual damages the Owner may sustain if the Contractor fails to complete the work on time are uncertain and will be difficult to ascertain. Consequently, the Contractor agrees to pay the Owner the sum of Two Hundred Fifty Dollars ($250.00) for each calendar day any work required for final completion is overdue until final completion has been achieved in the opinion of the Owner.

Definitions for final completion is provided in the Special Conditions Section SC.14.

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 and shall be deducted from the Contractor’s monthly pay request if the required completion is not accomplished within the time allotted.

SC.31 USE OF EXPLOSIVES

Use of explosives will not be allowed.

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SC.32 PROJECT MAINTENANCE

The Contractor shall maintain, and keep in good repair, the improvements covered by these plans and specifications during the life of this contract.

SC.33 REMOVALS, ADJUSTMENTS AND REPLACEMENTS

Existing pavements, driveways, curbs, gutters, sidewalks, etc., removed to facilitate construction of the improvements shall be broken up and disposed of. Care shall be exercised to leave a neat, uniform edge or joint at the excavation limits or sections removed where only portions are to be removed. The Engineer will designate the limits to be removed. Where pavements, driveways, curbs, gutters, sidewalks, etc., shall be replaced they shall be replaced equal to the original or better.

Existing structures such as manholes, inlets, cleanouts, valve boxes, etc. that are not the property of a private firm or company, or an individual required to move their own property, shall be adjusted, altered or reset to the required elevation and alignment. New materials and workmanship necessary shall conform to the requirements of these Specifications covering the Work. Salvaged materials in good condition may be used in rebuilding such structures, provided the materials are thoroughly cleaned before their use and are accepted by the Owner prior to their use.

All private obstructions shown on the Plans to be moved, will be removed and replaced, or moved to new permanent locations by the Contractor, without additional payment to the Contractor. Any such additional item that the Contractor moves or causes to be moved for his own convenience shall be at his own expense.

SC.34 FENCES, IMPROVEMENTS AND DRAINAGE CHANNELS

Fences or other improvements removed to permit construction shall be replaced in the same location in a condition as good as, or better, than original. There shall be no separate pay item for fences removed or damaged beyond the limits shown in the plans.

The Contractor at his expense shall provide temporary fencing for maintenance of site security.

Temporary fencing, with gates, to restrain livestock shall be provided through areas where livestock are pastured, unless the Contractor makes satisfactory arrangements with the landowner and/or tenant.

The temporary fence shall be installed on the easement lines or right-of-way lines.

Where surface drainage channels or drainage structures are disturbed or altered during construction, they shall be restored to their original condition of grade and cross section as soon as possible unless otherwise shown on the plans. Temporary channels required to provide adequate drainage during construction shall be provided and maintained by the Contractor. No separate payment shall be allowed.

SC.35 TRAFFIC CONTROL - BARRICADES, LIGHTS AND WATCHMEN

The Contractor shall furnish and erect such barricades, fences, lights and danger signals, shall provide such watchmen and flagmen, and shall provide such other precautionary measures for the protection of the public and workers or property and of the work as are necessary. The Contractor shall be responsible for providing traffic control during the construction of this project in accordance with the latest version of the Texas Manual on Uniform Traffic Control Devices for Streets and Highways.

The Contractor shall always furnish and maintain enough lights and barricades to keep vehicles from being driven on or into any work under construction .

The Contractor shall be held responsible for all damage to the work due to failure to provide adequate precautionary measures such as barricades, signs, lights, watchmen and flagmen to protect the work and whenever evidence is found of such damage the Contractor shall immediately remove the j:\clerical\murphy\2026-126 tablerock culvert extension\specs\tech-spec\23-sc.docx SC-10 damaged portion and replace it at his cost and expense. The Contractor's responsibility for the maintenance of barricades, signs, and lights, and for providing watchmen and flagmen shall not cease until the Owner has finally accepted the project.

The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign that has been erected by the City without the City’s consent. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the City of Murphy to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above-referenced manual, and such a temporary sign must be installed prior to the removal of the existing sign.