NEW DIANA ISD – DRAINAGE & EROSION PROJECT

CSP

SECTION I – INSTRUCTIONS TO PROPOSERS

SECTION II – PROJECT SCOPE AND INFORMATION

SECTION III – QUAILIFICATIONS

SECTION IV – PROPOSAL FORM/COST FORM

Pursuant to the provisions of the Texas Government Code, Chapter 2269, Subchapter D, it is the intention of the New Diana Independent School District to select, via One Step Method, Request for Competitive Sealed Proposal, for Contractor for Drainage & Erosion Work.

SECTION I – INSTRUCTIONS TO PROPOSERS

Pursuant to the provisions of the Texas Government Code, Chapter 2269, Subchapter D, it is the intention of the New Diana Independent School District to Select, via One Step Method, Competitive Sealed Proposals. For;

NEW DIANA ISD Drainage & Erosion Project

(for purposes of this CSP, “the Project”). For the purposes of this document, New Diana Independent School District shall be referred to as the “Owner,” “District,” or “NDISD.”

Engineer: Crafton & Cox Engineering Travis Crafton, P.E.

903-452-5226 travis@craftoncox.com

Owner’s Representative: E4 Contracting John Erickson & Cody Sage 903-918-9996, 903-736-1633 or jcodysage@gmail.com, e4contracting@outlook.com .

Sales & Use Tax The Contract amount as stated on the Proposal Form shall exclude all sales taxes and other taxes for all materials and appliances subject to and upon which taxes are levied.

Performance and Payment Bonds The successful respondent will be required to furnish guaranty bonds in the form of a Performance Bond and Payment Bond, in an amount equal to 100% of the bid. The bonds must be issued by one or more corporate sureties qualified to do business in Texas and acceptable to the Owner. Performance and Payment Bonds may be submitted on AIA Document A312 Performance Bond and Payment Bond or the standard form of the Bonding Company.

Sealed Proposal Security Proposal security in the form of a Bid Bond or Certified Check made payable to the Owner in an amount equal to 5% of the Bid amount is required with submission of the Bid Form. The Proposal security shall be retained by the Owner if the General Contractor Proposer fails to execute the Contract or fails to provide satisfactory Performance and Payment Bonds as required within ten (10) days after notice of award. Bid bond may be submitted on AIA Document A310 Bid Bond or the standard form of the Bonding Company.

1. QUESTIONS REGARDING CSP.

1.1 All questions regarding clarification or interpretation of the CSP will be submitted in writing by the Proposer, and must be received by 5:00 p.m. on September 24, 2026. Answers to the questions will be posted on the FTP site on September 29, 2026. No questions will be addressed unless provided in writing. All correspondence pertaining to this CSP should be addressed to:

E4 Contracting

John Erickson & Cody Sage 903-918-9996, 903-736-1633 jcodysage@gmail.com, e4contracting@outlook.com

2. Pre-Proposal Site Visit

2.1 A pre-proposal site visit is scheduled for 10:00 AM local time on Friday, September 18, 2026 at the New Diana ISD Football Stadium – VISITORS SIDE located at 1373 US Hwy 259 South, Diana, Texas 75640.

3. SUBMISSION OF PROPOSAL RESPONSES.

3.1. Submission.

3.1.1. All proposals submitted for consideration, shall follow these steps as described herein.

3.1.2 The oƯeror shall include a response to all of the requirements as indicated herein.

3.1.3 Proposals shall be submitted on the form furnished in this CSP. No proposal will be considered that includes conditions clauses, proposes alternations or items not called for in the Proposal, or contains other irregularities, which in the Owner’s opinion constitute a material qualification of the Proposal. Spaces are provided in the Bid Form for Base Bid, Alternates and various information. All spaces shall be filled in on typewriter or in ink by the General Contractor Proposer. Where both written words and numerical figures are given, the written words apply in the event of conflict. Any alternation of the Proposal Form may be cause for rejection by the Owner.

3.1.4. The Proposal responses shall be returned in an envelope or package marked on the outside with the Proposer’s name, address and proposal information listed below.

3.1.5. Proposals must be returned in suƯicient time so as to be received and time-stamped by the District on or before the time and date shown on this RFP. It is the sole responsibility of the Proposer to ensure timely delivery of the Proposal. The District will not be responsible for failure of service on the part of the U.S. Postal OƯice, courier companies, or any other form of delivery service chosen by the Proposer.

3.1.6 Receipt of any Addenda must be acknowledged by signing in the space provided on the attached Proposal Form/Cost Form to be enclosed with the Proposer’s response.

3.1.7 The package containing your Proposal shall include one (1) original and five (5) copies.

3.2. Closing Time.

3.2.1. All proposal responses must be received in the District’s Administration OƯice no later than the time and date listed below. Reference the CSP and closing date on any correspondence. Proposals will be received by the District at the following location and time:

Time/Date: Proposals received until 2:00 p.m. (local time), Thursday, October 1, 2026

Place: Deliver proposals to:

New Diana ISD

Attn: Carl Key, Superintendent 1373 US Hwy 259 South Diana, Texas 75640

3.2.2. Responses received after the published time and date shall not be considered.

4. REQUIRED SUBMITTAL CONTENTS.

4.1. The District has established guidelines to facilitate review and evaluation of each

Proposer’s response. The Proposer will include and organize their response in accordance with the following:

4.1.1 Number of Proposals. One (1) original and five (5) copies of requested items.

4.2. Order of Response Information

4.2.1 Proposal Form

4.2.2 Company Qualifications

5. CONTRACTOR SELECTION.

5.1. Upon receipt, the District will review the CSP responses, conduct interviews if deemed appropriate, and make recommendations to the Board of Trustees.

5.2. Selection Process

5.2.1. THIS IS A NEGOTIATED PROCUREMENT, and as such, award will not necessarily be made to the Proposer submitting the lowest fee/cost Proposal.

5.2.2 The methodology provides that the Owner will evaluate Proposals on the basis of the selection criteria listed below. A weighted value for each of the areas listed below is assigned and will be used in determining the Construction Manager which provides the Owner with the “Best Value.”

5.3. Evaluation.

5.3.1. Per the Texas Education Code, Title 2, Public Education, Chapter 44, Fiscal

Management, Subchapter B, Purchases; Contracts, 44.031, Purchasing Contract, the school district may consider the following in determining to whom to award this contract:

EVALUATION/SELECTION CRITERIA

In evaluating proposals submitted and pursuant to the provisions of Texas Government Code §2269, Subchapter F, the following considerations shall be reviewed to determine the best value for the District.

RFP Evaluation

CRITERIA

POINTS

Corporate Qualifications 100

Personnel Qualifications

References/Experience 200

Pricing 150

Total Possible Points Step 1 500

Total Overall Points Available – 500

Superintendent the authority to make an advisory ranking of the evaluation/selection criteria. The advisory ranking will be considered by the Board at an open meeting.

AWARD OF CONTRACT . The Owner reserves the right to award the contract on any basis he deems to his best interest. The Owner is not bound to accept the lowest priced Proposal if that Proposal is not in the best interest of the Owner, as determined by the Owner.

REJECTION OF SEALED PROPOSALS A. The Owner reserves the right to reject any and all submitted Proposals.

6. RESERVATIONS, the District reserves the right to:

6.1. Waive any minor informality in any Proposal procedure.

6.2. Reject or cancel any or all Proposal responses.

6.3. Reject the Proposer’s response based on any actor the District deems not in the best interest of the District.

6.4. Extend the Proposal opening time and date.

6.5. Reissue a new Request for Proposals.

6.6. Consider and accept any response that is considered in the best interest of the District, and to award a contract to one or more respondents.

6.7 The District may make an award without discussion with any Proposer, after the proposal responses are received and evaluated.

6.8 Open Records Requirement – All documents submitted as part of the Contractor’s Proposal response will be deemed confidential during the evaluation process. Contractor Proposal responses will not be available for review by anyone other than the District staƯ or its designated agents. Following award of contract, all Proposals become public documents.

and are available for public viewing upon written request to the District, except where Proposal information is considered to be confidential or a trade secret belonging to the Proposer and, if released would give advantage to a competitor. That information should be clearly marked: “CONFIDENTIAL – DO NOT DUPLICATE WITHOUT PERMISSION”. Please note that all information is subject to the Texas Public Information Act.

6.9 Availability of Funds – In the event that suƯicient funds are not available for the project, the District reserves the right to negotiate the scope of this contract, delay implementation, reject all Proposals, or award another type of contract other than that required in this CSP

7. THE CONTACT

7.1 Proposals will be based on a lump sum contract.

8. OTHER GENERAL REQUIREMENTS

8.1 CRIMINAL HISTORY RECORD INFORMATION. If Contractor is awarded the Contract it will be required to facilitate the required national Criminal History Record Information (“CHRI”), pursuant to Texas Education Code section 22.0834 and Texas Government Code 411.082(a), on all employees, subcontractors of every tier (“Subcontractor”), Subcontractor’s employees, independent contractors, applicants, agents, or consultants, as set forth in the modified A201-2017, included as Attachment D.

8.2 WAIVER OF CLAIMS: By submitting a Proposal, each Respondent agrees to waive any claim it has or may have against the Owner, the Architect/Engineer, and their respective trustees, agents and employees, and any reference sources, arising out of or in connection with the administration, evaluation, or recommendation of any Proposal; waiver of any requirements under the Proposal documents; acceptance or rejection of any Proposal; and award of a contract.

8.3 REQUIRED NOTICES OF WORKERS’ COMPENSATION INSURANCE COVERAGE: The Texas Workers’ Compensation Commission has adopted rule 28 TAC, sec. 110.110, relating to

REPORTING REQUIREMENTS FOR BUILDING OR CONSTRUCTION PROJECTS FOR

GOVERNMENTAL ENTITIES. The rules applies to all building or construction contracts advertised for bid on or after September 1, 1994. The rules implements sec. 406.096, Texas Labor Code, which requires workers’ compensation insurance coverage for all persons providing services on a building or construction project for a governmental entity. The requirements of the rules are set forth in the General Conditions A201, as modified by the District.

8.4 PREVAILING WAGE RATE DETERMINATION: Respondents are advised that the Texas

Prevailing Wage Law will be administered in accordance with the General Conditions A201, as modified by the District. The Owner has adopted the Davis-Bacon Prevailing Wage Schedule. The current prevailing wage schedule is included in Attachment “E” to this RFP.

The then-current Davis-Bacon Prevailing Wage Schedule for Upshur County shall be utilized for each procurement.

SECTION II – PROJECT SCOPE AND INFORMATION

Pursuant to the provisions of the Texas Government Code, Chapter 2269, Subchapter F, it is the intention of the District to select, via a One Step Method, Competitive Sealed Proposal (CSP), a Contractor:

New Diana ISD: Drainage & Erosion Project These projects may be subject to change based on Owner’s needs:

PROPOSED SCHEDULE:

Start: 11/9/2026 Completion by: 12/18/2026

LIQUIDATED DAMAGES:

If the Contractor fails to achieve Substantial Completion of the Work on or before the-contracted Completion Date, the Owner will suƯer financial loss and damage which is diƯicult to estimate and quantify. Therefore, the Contractor and Owner agree that as liquidated damages for delay (and not as a penalty), the Contractor shall pay the Owner the sum of $500 for each calendar day of delay until the Work is substantially complete.

SECTION III – QAULIFICATIONS

Proposals are to include the information requested.. Each selection criteria is associated with certain questions and will be evaluated based on content. Failure to respond in this sequence and format will result in reduction of points or disqualification.

Supplemental materials providing additional information may be attached if limited to three (3) pages.

General Firm Information o Provide Firms years in business, Leadership and qualifications.

o Claims/Litigation

- Claims and suits: If the answer to any of the questions below is yes, please attach details:

Has your organization ever failed to complete any work awarded to it?

Are there any judgments, claims, arbitration proceedings or suits outstanding against your organization or its oƯicers?

Has your organization filed any lawsuits or requested arbitration with regard to construction contracts within the last five (5) years?

Has your organization had any claims asserted against it in the last five (5) years.

o Safety

- Provide information related to your firm’s accident frequency rate for the last five (5) years, including any OSHA citations and deaths that have occurred on your projects.

- Describe your organization’s safety program. List any safety awards your company has received within the past five (5) years.

General Experience and Reputation

List all relevant construction projects your organization has performed in the last five (5) years (including projects currently in progress), giving the name and location of each project, owner name, architect name, contract amount, status, and whether completed on time and within budget. For each project, provide the name, nature of the project/function of the building, size (square footage), delivery method used, date of notice to proceed, contractual completion date, and actual completion date.

Technical Competence

- Describe your organization’s concepts for working in a team relationship with the Owner and Architect during the construction for major projects. What is your experience working with other Owner consultants (e.g., a program manager) throughout the construction phases?

- Describe the most common problem or challenge that you have encountered in school construction and your method for addressing the issue. (Maximum length: 2 pages.)

- What do you bring to the project team that is unique? Please answer in essay form

- Please describe your firm’s ability to complete projects on schedule, including the number of projects that have not been completed on schedule, and the reasons for such delay.

Proposed Personnel

- Identify the Project Manager and Site Superintendent who will work on the project. Provide a resume and references for each individual.

- Describe the team proposed for this project and a description of planned eƯorts to provide quality work, meet schedules.

PROPOSAL FORM - STIPULATED SUM (SINGLE-PRIME CONTRACT)

Date Submitted: ____________________________________________________________________________

Submitted By: ______________________________________________________________________________ (Contractor Legal Firm Name)

(Contractor Address)

(Contractor Telephone No.) (Contractor FAX No.)

Submitted To: New Diana ISD

1373 US Hwy 259 South Diana, Texas 75640 Attn: Carl Key, Superintendent

Project: NDISD Drainage and Erosion Project

BASE PROPOSAL

Having examined the Place of The Work and all matters referred to in the Instructions to Proposers and the Contract Documents for the above mentioned project, we, the undersigned, hereby oƯer to enter into a Contract to perform the Work for the Price of:

BASE PROPOSAL COST:

_________________________________________________________________________________ Dollars (Amount in Words)

(Amount in Figures)

The undersigned, as a designated representative of the proposing firm, declares such firm is the only entity, as principal, with any interest in this proposal and the proposal is made without collusion with any other entity. The proposing entity aƯirms the form of Contract, Invitation to Submit Sealed Proposals, Instructions to Proposers, Available Project Information, Addenda, Specifications and the Drawings pertaining to this Proposal have been examined and the firm has also examined the locations, conditions and classes of materials for the proposed Work and agrees to provide all necessary machinery, tools apparatus and other construction means to accomplish the Work described in the Contract Documents in the manner prescribed. The proposer agrees the quantities of Work to be done and materials to be furnished may be increased or decreased as may be considered necessary, in the sole opinion of the Owner’s Representative, to complete the Work as planned and contemplated.

Adjustment for changes in Work will be in accordance with the General and Supplementary Conditions. Proposal amounts must be shown in both words and figures. In case of discrepancy, the amount shown in words will govern.

The security Bid Bond as required by the Instruction to Proposers has been included.

All applicable federal, state, county and city taxes are excluded from the Proposal Price.

Respectfully submitted, By _______________________________________

Title _______________________________________

(Business Address)

(SEAL: If proposal by a corporation.)

(Fill in the applicable information:)

A Corporation, chartered in the State of_________________________, authorized to do business in the State of Texas.

A partnership, composed of _______________________________ and ________________________________.

An individual, operating under the name of ______________________________________________________.

A joint venture, operating under the name of: _______________________________________; the joint venturers are ___________________________________and ____________________________________.

BID PROPOSAL

ITEM QUANTITY UNIT DESCRIPTION & UNIT PRICE EXTENDED PRICE

(LIST UNIT PRICE IN BOTH WORDS AND NUMBERS)

1 1 LS MOBILIZATION BONDS AND INSURANCE

DOLLARS &

CENTS $

PER LUMP SUM

2 1 LS FURNISH AND INSTALL SB-2 GRAVEL PAVEMENT AT AG BARN

PER PLANS AND SPECIFICATIONS

DOLLARS &

CENTS $

PER LUMP SUM

3 1 LS REGRADE GRAVEL PAVEMENT AT AG BARN TO DRAIN TO

NEW CONCRETE PILOT CHANNEL PER PLANS AND SPECIFICATIONS

DOLLARS &

CENTS $

PER LUMP SUM

4 194 LF CONSTRUCT 3' WIDE CONCRETE PILOT CHANNEL AT AG BARN

AND REGRADE/RESHAPE CHANNEL PER PLANS AND SPECIFICATIONS

DOLLARS &

CENTS $

PER LINEAR FOOT

5 1 LS CLEAR, GRUB, AND CLEAN DRAINAGE CHANNEL AT NORTHEAST SIDE

OF TRACK FOR PREPARATION OF CONCRETE FLUME PER PLANS & SPECS

DOLLARS &

CENTS $

PER LUMP SUM

6 120 LF CONSTRUCT 7' WIDE CONCRETE FLUME AND REGRADE/RESHAPE

CHANNEL PER PLANS AND SPECIFICATIONS

DOLLARS &

CENTS $

PER LINEAR FOOT

NEW DIANA ISD DRAINAGE AND EROSION PROJECT

NEW DIANA ISD 1059-002 4

(LIST UNIT PRICE IN BOTH WORDS AND NUMBERS)

7 1 LS EARTHWORK - REGRADE/RESHAPE EXISTING DRAINAGE OUTFALL

AT EAST SIDE OF VISITOR PARKING DRIVE PER PLANS & SPECS

DOLLARS &

CENTS $

PER LUMP SUM

8 1 LS REMOVE AND REINSTALL CHAINLINK FENCE AT EAST SIDE OF VISITOR

PARKING DRIVE PER PLANS AND SPECIFICATIONS

DOLLARS &

CENTS $

PER LUMP SUM

9 20 LF REMOVE 24" DIAMETER HDPE

PER PLANS AND SPECIFICATIONS

DOLLARS &

CENTS $

PER LINEAR FOOT

10 40 LF FURNISH AND INSTALL 24" DIAMETER HDPE

PER PLANS AND SPECIFICATIONS

DOLLARS &

CENTS $

PER LINEAR FOOT

11 2 EA REINSTALL EXISTING 24" DIAMETER CONCRETE S.E.T.s

PER PLANS AND SPECIFICATIONS

DOLLARS &

CENTS $

PER EACH

12 37 SY FURNISH AND INSTALL ROCK RIP RAP (6"-10" STONE) SPLASH PAD

ON FILTER FABRIC PER PLANS AND SPECIFICATIONS

DOLLARS &

CENTS

PER SQUARE YARD

NEW DIANA ISD 1059-002 5

(LIST UNIT PRICE IN BOTH WORDS AND NUMBERS)

13 50 CY FURNISH AND INSTALL COMMON FILL OVER NEW 24" DIAMETER HDPE

PER PLANS AND SPECIFICATIONS

DOLLARS &

CENTS

PER CUBIC YARD

14 20 LF FURNISH AND INSTALL SILT FENCE AT DOWNSTREAM END OF DRAINAGE

OUTFALL PER PLANS AND SPECIFICATIONS

DOLLARS &

CENTS

PER LINEAR FOOT

15 1 LS EARTHWORK - REGRADE/RESHAPE ERODED AREAS ON SIDE SLOPE

AT EAST SIDE OF VISITOR PARKING PER PLANS AND SPECIFICATIONS

DOLLARS &

CENTS

PER LUMP SUM

16 1 LS FURNISH AND INSTALL 4" TOPSOIL AND SEED/FERTILIZE ALL DISTURBED

AREAS PER PLANS AND SPECIFICATIONS

DOLLARS &

CENTS

PER LUMP SUM

17 824 SY SAWCUT AND REMOVE EXISTING PAVEMENT AT WEST SIDE OF FIELD

HOUSE PER PLANS AND SPECIFICATIONS

DOLLARS &

CENTS

PER SQUARE YARD

18 824 SY EARTHWORK - REGRADE/RESHAPE SUBGRADE TO PREPARE FOR NEW

PAVEMENT SECTION AND REMOVE EXCESS SOILS PER PLANS & SPECS

DOLLARS &

CENTS

PER SQUARE YARD

NEW DIANA ISD 1059-002 6

(LIST UNIT PRICE IN BOTH WORDS AND NUMBERS)

19 1 EA FURNISH AND INSTALL 18" DIAMETER NYLOPLAST INLINE DRAIN WITH

18" STANDARD GRATE PER PLANS AND SPECIFICATIONS

DOLLARS &

CENTS

PER EACH

20 55 LF FURNISH AND INSTALL 12" DIAMETER HDPE

PER PLANS AND SPECIFICATIONS

DOLLARS &

CENTS

PER LINEAR FOOT

21 1 EA TIE-IN 12" DIAMETER HDPE TO EXISTING 30" DIAMETER HDPE WITH

INSERTA TEE PER PLANS AND SPECIFICTIONS

DOLLARS &

CENTS

PER EACH

22 824 SY 6" SUBGRADE PREPARATION FOR NEW CONCRETE PAVEMENT AT WEST

SIDE OF FIELD HOUSE PER PLANS AND SPECIFICATIONS

DOLLARS &

CENTS

PER SQUARE YARD

23 824 SY CONSTRUCT 7" THICK, 4,500 PSI REINFORCED CONCRETE PAVEMENT

PER PLANS AND SPECIFICATIONS

DOLLARS &

CENTS

PER SQUARE YARD

24 1 LS FURNISH AND INSTALL 4" TOPSOIL AND SEED/FERTILIZE UNDISTURBED

SOILS PER PLANS AND SPECIFICATIONS

DOLLARS &

CENTS

PER LUMP SUM

25 1 LS OWNER'S ALLOWANCE

Ten Thousand DOLLARS & No CENTS 10,000.00$

PER LUMP SUM

$10,000.00

NEW DIANA ISD 1059-002 7

(LIST UNIT PRICE IN BOTH WORDS AND NUMBERS)

TOTAL AMOUNT BID

DOLLARS &

CENTS

NEW DIANA ISD 1059-002 8

EJCDC® C-522, Contract for Construction of a Small Project.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 17

CONTRACT FOR CONSTRUCTION OF A SMALL PROJECT

This Contract is by and between New Diana Independent School District (Owner) and (Contractor).

Owner and Contractor hereby agree as follows:

ARTICLE 1 - THE WORK

1.01 Work

A. Work includes all labor, materials, equipment, services, and documentation necessary to construct the Project defined herein. The Work may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents.

B. The Contractor shall complete all Work as specified or indicated in the Contract Documents.

The Project is generally described as follows:

The New Diana ISD Drainage and Erosion project consists of regrading and reshaping gravel pavement and drainage ditch at the Ag Barn and a drainage ditch near the northeast corner of the Football Field/Track; installing new storm pipe and reinstalling existing concrete safety end treatments and adding rock rip rap to side slopes east of the Visitor Parking Lot;

and removing and replacing concrete pavement and adding a storm sewer inlet and piping at the west side of the Field House.

ARTICLE 2 - CONTRACT DOCUMENTS

2.01 Intent of Contract Documents

A. It is the intent of the Contract Documents to describe a functionally complete project. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Owner and Engineer. This Contract supersedes prior negotiations, representations, and agreements, whether written or oral.

The Contract Documents are complementary; what is required by one part of the Contract Documents is as binding as if required by other parts of the Contract Documents.

B. During the performance of the Work and until final payment, Contractor and Owner shall submit all matters in question concerning the requirements of the Contract Documents, or relating to the acceptability of the Work under the Contract Documents to the Engineer.

Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder.

C. Engineer will render a written clarification, interpretation, or decision on the issue submitted, or initiate a modification to the Contract Documents.

D. Contractor, and its subcontractors and suppliers, shall not have or acquire any title to or ownership rights to any of the Drawings, Specifications, or other documents (including copies or electronic media editions) prepared by Engineer or its consultants.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 17

2.02 Contract Documents Defined

A. The Contract Documents consist of the following documents:

1. This Contract.

2. Performance bond.

3. Payment bond.

4. Specifications listed in the Table of Contents.

5. Drawings as listed on the Drawing Sheet Index.

6. Addenda.

7. The following which may be delivered or issued on or after the Effective Date of the Contract:

a. Work Change Directives (EJCDC C-940).

b. Change Orders (EJCDC C-941).

c. Field Orders.

ARTICLE 3 - ENGINEER

3.01 Engineer

A. The project was designed by Crafton & Cox Engineering. Crafton & Cox Engineering will act as Engineer and New Diana ISD as Owner for this project with E4 Contracting as Owner Representative.

ARTICLE 4 - CONTRACT TIMES

4.01 Contract Times

A. The Work will be substantially complete within 40 calendar days after the Notice to Proceed and ready for final payment 30 calendar days after substantial completion.

4.02 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence in the performance of the Contract, and that Owner will incur damages if Contractor does not complete the Work according to the requirements of Paragraph 4.01. Because such damages for delay would be difficult and costly to determine, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner $500.00 (Five hundred dollars and no cents) for each calendar day that expires after the Contract Time for substantial completion. For each calendar day that expires after the Contract Time for final payment, Contractor shall pay Owner $500.00 (Five hundred dollars and no cents).

4.03 Delays in Contractor’s Progress

A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 17

B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor or their subcontractors or suppliers.

C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times.

D. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor or Contractor’s subcontractors or suppliers.

4.04 Progress Schedules

A. Contractor shall develop a progress schedule and submit to the Owner Representative for review and comment before starting Work on the Site. The Contractor shall modify the schedule in accordance with the comments provided by the Owner Representative.

B. The Contractor shall update and submit the progress schedule to the Owner Representative each month. The Owner may withhold payment if the Contractor fails to submit the schedule.

ARTICLE 5 - CONTRACT PRICE

5.01 Payment

A. Owner shall pay Contractor in accordance with the Contract Documents at the unit prices for each unit of Work completed.

Payment will be made in an amount equal to the total of all extended prices for actual Work completed. The extended price is determined by multiplying the unit price times the actual quantity of that Work item completed. Actual quantities installed will be determined by the Engineer.

ARTICLE 6 - BONDS AND INSURANCE

6.01 Bonds

A. Before starting Work, Contractor shall furnish a performance bond in the amount of 100% of Contract Price and a payment bond in the amount of 50% of the Contract Price from surety companies that are duly licensed or authorized to issue bonds in the required amounts in the jurisdiction in which the Project is located. Each bond shall be in an amount equal to the Contract Price, as security for the faithful performance and payment of all of Contractor’s obligations under the Contract. These bonds shall remain in effect until the completion of the correction period specified in Paragraph 7.12 but in any case, not less than one year after the date when final payment becomes due.

6.02 Insurance

A. Before starting Work, Contractor shall furnish evidence of insurance from companies that are duly licensed or authorized in the jurisdiction in which the Project is located with a

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 17 minimum AM Best rating of A-VII or better. Contractor shall provide insurance in accordance with the following:

1. Contractor shall provide coverage for not less than the following amounts, or greater where required by Laws and Regulations:

a. Workers’ Compensation:

State: Statutory

Employer’s Liability:

Bodily Injury, each Accident $ 1,000,000

Bodily Injury By Disease, each Employee $ 1,000,000

Bodily Injury/Disease Aggregate $ 1,000,000

b. Commercial General Liability:

General Aggregate $ 2,000,000

Products - Completed Operations Aggregate $ 2,000,000

Personal and Advertising Injury $ 1,000,000 Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000

c. Automobile Liability herein:

Combined Single Limit of: $ 1,000,000

B. All insurance policies required to be purchased and maintained will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the insured and additional insured.

C. Automobile liability insurance provided by Contractor shall provide coverage against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis.

D. Contractor’s commercial general liability policy shall be written on a 1996 or later ISO commercial general liability occurrence form and include the following coverages and endorsements:

1. Products and completed operations coverage maintained for three years after final payment;

2. Blanket contractual liability coverage to the extent permitted by law;

3. Broad form property damage coverage; and

4. Severability of interest; underground, explosion, and collapse coverage; personal injury coverage.

E. The Contractor’s commercial general liability and automobile liability, umbrella or excess, and pollution liability policies shall include and list Owner and Engineer and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 17 of each as additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis.

1. Additional insured endorsements will include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together). If Contractor demonstrates to Owner that the specified ISO endorsements are not commercially available, then Contractor may satisfy this requirement by providing equivalent endorsements.

2. Contractor shall provide ISO Endorsement CG 20 32 07 04, “Additional Insured— Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent for design professional additional insureds.

F. Umbrella or excess liability insurance shall be written over the underlying employer’s liability, commercial general liability, and automobile liability insurance. Subject to industry-standard exclusions, the coverage afforded shall be procured on a “follow the form” basis as to each of the underlying policies. Contractor may demonstrate to Owner that Contractor has met the combined limits of insurance (underlying policy plus applicable umbrella) specified for employer’s liability, commercial general liability, and automobile liability through the primary policies alone, or through combinations of the primary insurance policies and an umbrella or excess liability policy.

G. The Contractor shall provide property insurance covering physical loss or damage during construction to structures, materials, fixtures, and equipment, including those materials, fixtures, or equipment in storage or transit.

H. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner’s termination rights under Article 15.

ARTICLE 7 - CONTRACTOR’S RESPONSIBILITIES

7.01 Supervision and Superintendence

A. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, safety, and procedures of construction.

B. Contractor shall assign a competent resident superintendent who is to be present at all times during the execution of the Work. This resident superintendent shall not be replaced without written notice to and approval by the Owner and Engineer except under extraordinary circumstances.

C. Contractor shall at all times maintain good discipline and order at the Site.

D. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday.

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7.02 Other Work at the Site

A. In addition to and apart from the Work of the Contractor, other work may occur at or adjacent to the Site. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site.

7.03 Services, Materials, and Equipment

A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents.

B. All materials and equipment incorporated into the Work shall be new, of good quality and shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable supplier, except as otherwise may be provided in the Contract Documents.

7.04 Subcontractors and Suppliers

A. Contractor may retain subcontractors and suppliers for the performance of parts of the Work. Such subcontractors and suppliers must be acceptable to Owner.

7.05 Quality Management

A. Contractor is fully responsible for the managing quality to ensure Work is completed in accordance with the Contract Documents.

7.06 Licenses, Fees and Permits

A. Contractor shall pay all license fees and royalties and assume all costs incident to performing the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others.

B. Contractor shall obtain and pay for all construction permits and licenses unless otherwise provided in the Contract Documents.

7.07 Laws and Regulations; Taxes

A. Contractor shall give all notices required by and shall comply with all local, state, and federal Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations.

B. Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages if Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations.

C. Contractor shall pay all applicable sales, consumer, use, and other similar taxes Contractor is required to pay in accordance with Laws and Regulations.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 17

7.08 Record Documents

A. Contractor shall maintain one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved shop drawings in a safe place at the Site. Contractor shall annotate them to show changes made during construction. Contractor shall deliver these record documents to Engineer upon completion of the Work.

7.09 Safety and Protection

A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work.

B. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:

1. All persons on the Site or who may be affected by the Work;

2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and

3. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction.

C. All damage, injury, or loss to any property caused, directly or indirectly, in whole or in part, by Contractor, or anyone for whose acts the Contractor may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Contract Documents or to the acts or omissions of Owner or Engineer and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor).

D. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations.

E. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor shall act to prevent threatened damage, injury, or loss.

Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued.

7.10 Shop Drawings, Samples, and Other Submittals

A. Contractor shall review and coordinate the shop drawing and samples with the requirements of the Work and the Contract Documents and shall verify all related field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information.

B. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that submittal, and that Contractor approves the submittal.

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C. With each submittal, Contractor shall give Engineer specific written notice, in a communication separate from the submittal, of any variations that the shop drawing or sample may have from the requirements of the Contract Documents.

D. Engineer will provide timely review of shop drawings and samples.

E. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs.

F. Engineer’s review and approval of a separate item does not indicate approval of the assembly in which the item functions.

G. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of shop drawings and submit, as required, new samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals.

H. Shop drawings are not Contract Documents.

7.11 Warranties and Guarantees

A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor’s warranty and guarantee.

7.12 Correction Period

A. If within one year after the date of substantial completion, any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly and without cost to Owner, correct such defective Work.

7.13 Indemnification

A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts they may be liable.

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ARTICLE 8 - OWNER’S RESPONSIBILITIES

8.01 Owner’s Responsibilities

A. Except as otherwise provided in the Contract Documents, Owner shall issue all communications to Contractor through Owner Representative.

B. Owner shall make payments to Contractor as provided in this Contract.

C. Owner shall provide Site and easements required to construct the Project.

D. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, unless stated elsewhere in the Contract Documents, Owner shall have sole authority and responsibility for such coordination.

E. The Owner shall be responsible for performing inspections and tests required by applicable codes.

F. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

G. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed.

H. Owner shall furnish copies of any applicable Owner safety programs to Contractor.

ARTICLE 9 - ENGINEER’S STATUS DURING CONSTRUCTION

9.01 Engineer’s Status

A. Engineer will also act as Owner’s representative (along with E4 Contracting) during construction. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in this Contract.

B. Neither Engineer’s authority or responsibility under this Article 9 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any subcontractor, any supplier, any other individual or entity, or to any surety for or employee or agent of any of them.

C. Engineer or Owner Representative will make visits to the Site at intervals appropriate to the various stages of construction. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work.

D. Engineer and Owner Representative have the authority to reject Work if Contractor fails to perform Work in accordance with the Contract Documents.

E. Engineer and Owner Representative will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work.

F. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 17 safety precautions and programs, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

ARTICLE 10 - CHANGES IN THE WORK

10.01 Authority to Change the Work

A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work.

10.02 Change Orders

A. Owner and Contractor shall execute appropriate Change Orders covering:

1. Changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive;

2. Changes in the Work which are: (a) ordered by Owner or (b) agreed to by the parties or

(c) resulting from the Engineer’s decision, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and

3. Changes in the Contract Price or Contract Times or other changes which embody the substance of any final binding results under Article 12.

B. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change.

ARTICLE 11 - DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS

11.01 Differing Conditions Process

A. If Contractor believes that any subsurface or physical condition…