Project Manual (49).pdf

7322 Southwest Fwy Suite 1040 • Houston, TX 77074 • (713)-400-ARKK • www.arkkengineers.com • TX PE Firm No. 13872

8/18/2026

Specifications and Contract Documents for

Traffic Signal Construction Project

Katy Hockley Cut Off Road at Heritage Drive

KATY DEVELOPMENT AUTHORITY

August 2026

ARKK Job No. 26-015

SPECIFICATIONS AND CONTRACT DOCUMENTS

for for the

KATY DEVELOPMENT AUTHORITY

CITY OF KATY, TEXAS

August 2026

ARKK Job No. 26-015

ARKK Engineers, LLC.

7322 Southwest Fwy, Suite 1040

Houston, Texas 77074 TX PE Firm No. 13872

Katy Development Authority Traffic Signal Construction Project - Katy Hockley Cut Off Road at Heritage Drive

TC-1

TABLE OF CONTENTS

NO. OF

CONTRACT DOCUMENTS PAGES

Invitation to Bidders

Instructions to Bidders

Bid Proposal

Bid Bond

Subcontractors and Major Suppliers

Contract Agreement

Conflict of Interest Questionnaire (CIQ)

General Conditions of the Agreement

Attachment A – Insurance Requirements

Attachment B – Minimum Wage Rate Scale

Special Conditions of the Contract – Part A

Tax Sales and Use Exemption Certification

Payment Bond

Performance Bond

Maintenance Bond

Certificate of Substantial Completion

Contractor’s Insurance Certificate ..................................................................... Provided by Contractor

Project Specific Engineering Special Conditions

TC-2

STANDARD TxDOT SPECIFICATIONS

The following items from Texas Department of Transportation’s Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, November 2014, are incorporated into this Project Manual by reference.

STANDARD SPECIFICATIONS

ITEM NO. TITLE

100 PREPARING RIGHT-OF-WAY

416 DRILLED SHAFT FOUNDATIONS

502 BARRICADES, SIGNS, AND TRAFFIC HANDLING

506 TEMPORARY EROSION, SEDIMENTATION, AND ENVIRONMENTAL

CONTROLS

618 CONDUIT

620 ELECTRICAL CONDUCTORS

621 TRAY CABLE

624 GROUND BOXES

628 ELECTRICAL SERVICES

680 HIGHWAY TRAFFIC SIGNALS

682 VEHICLE AND PEDESTRIAN SIGNAL HEADS

684 TRAFFIC SIGNAL CABLES

686 TRAFFIC SIGNAL POLE ASSEMBLIES (STEEL)

687 PEDESTAL POLE ASSEMBLIES

688 PEDESTRIAN DETECTORS AND VEHICLE LOOP DETECTORS

SPECIAL SPECIFICATIONS

ITEM NO. TITLE

6058 BATTERY BACK-UP SYSTEM FOR SIGNAL CABINETS

6292 RADAR VEHICLE DETECTION SYSTEM FOR SIGNALIZED

INTERSECTION CONTROL

Invitation to Bidders – Traffic Signal Improvements Project Katy Hockley Cut Off Road at Heritage Drive

Katy Development Authority Date: August 27, 2026

INVITATION TO BIDDERS

Sealed Bids addressed to Katy Development Authority, Attention Mr. Jonas W. Conner, President, Board of Directors, will be received at City of Katy City Hall, 901 Avenue C, Katy, Texas 77493, until 11:00 a.m. local time, Tuesday, September 15, 2026, and then publicly opened and read for “Traffic Signal Improvements Project - Katy Hockley Cut Off Road at Heritage Drive” for Katy Development Authority, of Harris County, Texas.

Scope of Work of the Contract includes the construction of a new traffic signal system at the intersection of Katy Hockley Cut Off Road and Heritage Drive, including all labor, equipment, material, and incidentals required for the project.

Bids received after the closing time will be returned unopened. A NON-MANDATORY VIRTUAL pre-bid conference will be held on Wednesday, September 9, 2026, at 2:00 p.m.

local time via Microsoft Teams. Attendance by each prospective bidder or its representative at the pre-bid conference is NOT MANDATORY.

Information for joining the virtual meeting is given below:

Join Microsoft Teams Meeting:

Meeting ID: 258 675 157 320 025 Passcode: 3tD6zU6w

Each Bid must be accompanied by a Bid bond or a certified or cashier’s check, acceptable to the Owner, in an amount not less than two percent (2%) of the total amount Bid, as a guarantee that the successful bidder will enter into the Contract Documents and execute the Bonds on the forms provided and provide the required insurance certificates and Bonds within seven (7) days after the date Contract Documents are received by the successful bidder. If a certified or cashier’s check is provided, the successful bidder shall deliver, at the bid opening address, the original certified or cashier’s check within one (1) business day of receipt of the bid opening.

Copies of the bidding documents may be reviewed and obtained from www.CivcastUSA.com.

Bidders must register on this website in order to view and/or download specifications, plans, soils report, and environmental reports for this Project. There is NO charge to view or download documents.

The Owner reserves the right to reject any or all Bids and to waive all defects and irregularities in bidding or bidding process except the time for submitting a Bid. The successful bidder, if any, will be the responsible bidder, which in the Board’s judgment will be most advantageous to the District and result in the best and most economical completion of the Project.

The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Bid and the bidder agrees that the Contract Documents can be terminated if the bidder knowingly or intentionally fails to comply with a requirement of that subchapter.

INSTRUCTIONS TO BIDDERS

1. PREPARATION OF BIDS. Unless otherwise directed in the Invitation to Bidders, each Bid must be submitted on the bid forms provided or on photocopies of the forms, in conformity with the requirements of the Invitation to Bidders, these Instructions to Bidders (“Instructions”), and the instructions printed on the bid form. In addition, if submitting a paper Bid, the Bid must be submitted in duplicate.

All blanks on the bid form must be completed and no change shall be made to the bid form or any other of the Contract Documents. All amounts must be in figures, with amounts extended and totaled. If minimum unit prices have been established for certain items, the minimum unit prices will be shown on the bid form.

See Paragraph 8 of these Instructions. If the bidder chooses not to bid on optional items (if any), “No Bid” must be entered in the bid space. Any Bid may be rejected if it contains any omission, erasure, alteration, addition, irregularity of any kind, or items not called for; if it does not submit prices for each of the items in the bid form; if it is not signed by the bidder; if it is unbalanced; or if it in any manner, fails to conform to the conditions of the Invitation to Bidders and these Instructions. An “unbalanced” Bid means a Bid containing unit prices that are significantly less than cost for some items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost is significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the same Project.

The bidder must sign its Bid. If the Bid is made by a partnership or corporation, the name and address of the partnership or corporation must be shown together with the names and addresses of the partners or officers. If the Bid is made by an individual, it must be executed by that person; if made by a partnership, it must be executed by one of the partners (and if by a limited partnership, then executed by the general partner); or if made by a corporation, it must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation shall be shown below the signature.

When applicable, evidence of authority to conduct business as an out-of-state corporation in the State of Texas must be provided in accordance with the paragraph entitled QUALIFICATION OF BIDDERS. State contractor license number, if any, must also be shown.

The Bid and the Bid Security must be sealed and must identify the contents (i.e., Bid or Bid Security), the bidder’s name, and the job name and number, and be addressed to the Owner as prescribed in the Invitation to Bidders.

2. CONTRACT DOCUMENTS. The Contract Documents are complementary and must be read together as a whole; what is called for by one is binding as if called for by all.

Bidders desiring further information or further interpretation of any part of the Contract Documents are hereby obligated to submit a written request online to www.CivcastUSA.com for such information to Engineer not less than seven (7) calendar days before the Bid opening. If appropriate, answers to these requests will be given, in writing, to all bidders as addenda to the Contract Documents, and when each addendum is issued it becomes a part of the Contract Documents. No explanation or interpretation of the Contract Documents, other than written addenda, is binding.

Should a bidder find discrepancies or errors in or omissions from the Contract Documents or should the bidder be in doubt as to any meaning, the bidder is hereby obligated to notify Engineer in writing. It is the responsibility of each bidder to determine if it has received all addenda, complete files of which will be maintained at the Engineer’s office and the office designated to receive the Bids, if any.

http://www.civcastusa.com/

KATY DEVELOPMENT AUTHORITY INSTRUCTIONS TO BIDDERS

1109700 Instructions to Bidders September 2023

Each bidder must inform itself fully of the construction and labor conditions under which the Work will be performed and will be presumed to have inspected the Site and to have read and to be thoroughly familiar with the Contract Documents. Failure to do so will not relieve the successful bidder of its obligation to furnish all materials and labor necessary to carry out the requirements of the Contract Documents and to complete the Work for the consideration in its Bid.

3. PRE-BID CONFERENCE. A NON-MANDATORY pre-bid conference among Owner, Engineer, prospective bidders, and others will be held to discuss the scope of the Work and to answer questions concerning the Work. No addendum will be issued at this conference, but an addendum will be issued afterwards, if necessary, to answer questions. The pre-bid conference will be held at the place and time stated in the Invitation to Bidders or as modified by written addenda.

4. BID SECURITY. Each Bid must be accompanied by a bid bond or a certified or cashier’s check, acceptable to the Owner, in an amount not less than two (2) percent of the total amount bid (the “Bid Security”), as a guarantee that the successful bidder will enter into the Contract and execute the required Bonds on the forms provided and provide the required insurance certificates and Bonds within seven (7) days after the date Contract Documents are received by the successful bidder. Bid Securities will be returned to all but the three (3) most qualified, responsible bidders within three (3) days after opening of Bids, and the latter’s Bid Securities will be returned after complete execution of the Contract Documents.

If the successful bidder does not enter into the Contract after notice of award, then the bidder’s Bid Security will be forfeited and will be retained by Owner. If the award of the Contract to the successful bidder is canceled or not executed for any reason, the Owner may accept the next lowest bid and proceed with the next-lowest qualified bidder.

5. BONDS. The successful bidder must furnish a performance bond and a payment bond each in the sum of 100 percent (100%) of the Contract Price. The Bonds must be in the form prescribed by the Contract Documents except as required otherwise by Laws and Regulations. The Bonds must be from a surety company holding a permit from the State of Texas to act as surety. Unless otherwise specified, the cost of proving Bonds must be included in the bidder’s total Bid amount. The surety company must have a minimum Best Key Rating of “B+” or better. The surety company, the agency and agent issuing the Bonds must be authorized to issue Bonds in Texas in an amount equal to the total Contract Price and such authorization must be recorded in the files of the Texas Department of Insurance. The person executing the Bonds must be a licensed Texas local recording agent and such licensing must be recorded in the files of the Texas Department of Insurance. All Bonds signed by an agent must be accompanied by a certified copy of the agent’s authority to act. The Bonds must be executed by a duly appointed representative of the surety company licensed by the State of Texas as a General Lines Agent and such licensing must be recorded in the files of the Texas Department of Insurance. If the surety company does not have such a rating due to the length of time it has existed, the surety company must be eligible to participate in the surety bond guarantee program of the Small Business Administration and must be an approved surety listed in the current U.S. Department of Treasury Circular 570, and must meet all of the rules and regulations of the Treasury Department with respect to performance and payment bonds for federal jobs, including specifically the rules related to underwriting limitation. For contracts over $100,000, the surety must also hold a certificate of authority from the United States Secretary of Treasury to qualify as a surety on obligations permitted or required under federal law, or have obtained reinsurance for any liability in excess of $1,000,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the United States Secretary of Treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. If bidder’s proposed surety company, agency or agents do not meet the requirements herein, then Owner may refrain from considering the bidder for Contract award and Owner may require bidder to forfeit its Bid Security.

It is further agreed that the successful bidder will execute the Bonds required for the satisfactory performance of the Work, the fulfillment of any guarantees required, and the prompt payment to all persons supplying labor and materials in the prosecution of the Work, in accordance with the Contract Documents and on the forms provided for this purpose. It is agreed that this Contract is not in effect until the required Bonds are furnished and approved by Owner. Upon increase of the Contract Price authorized by Change Order, Contractor must immediately provide revised Bonds for such increased Contract Price. Contractor’s failure to provide compliant Bonds may be grounds for immediate termination regardless of whether the Contractor has started the Work on the Project.

If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements herein Contractor must promptly notify Owner; Developer, if there is a Special Conditions of the Contract Part B; and Engineer and must, within ten (10) calendar days after the event giving rise to such notification, provide another Bond and surety to fulfill the required obligations.

6. DELIVERY OF BIDS. It is each bidder’s responsibility to deliver its Bid and Bid Security as stated in the Invitation to Bidders before the closing time. The fact that a Bid and a Bid Security were dispatched will not be considered. The Bid and Bid Security must be timely delivered to be considered.

7. “OR EQUAL” SUBMISSIONS. Where materials or equipment are specified by a trade or brand name, it is not the intention of the Owner to discriminate against an equal product of another manufacturer, but to set a definite standard of quality or performance. In preparing its proposal, each bidder is expected to include in its base Bid the cost of the item so specified. However, in certain Technical Specification sections, manufacturers are listed followed by “or equal”. In certain other Technical Specification sections, manufacturers are listed with “or equal” not included. In those items where “or equal” is not included, it is hereby added and understood to be included, even though not specifically stated in each Technical Specification. If a bidder chooses to submit a suggested “or equal” product in lieu of a product by one of the named manufacturers, Owner will evaluate the item to determine if it is an “equal”. The bidder is responsible for providing all data required to evaluate an item submitted as a suggested “or equal.” Owner’s decision on whether a suggested manufacturer is an “equal” is final. No claims for additional cost or time delay, etc. will be accepted if a suggested manufacturer is submitted by bidder as an “equal” and Owner decides the item is not “equal”.

Bidder must submit its list of suggested “or equal” items at time of Bid submission. No additional suggested “or equal” items will be considered after bid opening.

8. MINIMUM UNIT PRICE ITEMS. If the approximate quantity and a minimum unit price have been established for items in the bid form, the bidder may not bid a unit price less than the minimum value;

however, it may bid an amount greater than the minimum unit price. If no entry is made in the spaces provided, the minimum unit prices shown apply.

9. EXTRA UNIT PRICE ITEMS. Extra Unit Price Items are included to facilitate payment for changes and alterations that may be required to complete the Work. The Work, as provided by the Contract Documents, is described in bid items other than Extra Unit Price Items. When additional Work covered by Extra Unit Price Items is performed, payment will be based on the quantity constructed and the unit prices entered in the Bid.

10. TIME FOR COMPLETION. Contractor will not be allowed time extensions (i) due to inclement weather except for Force Majeure events as defined under Section 1.01 of the General Conditions of the Contract; (ii) due to non-availability of equipment or material, when the principal units of Work and tasks on the critical path are not in progress or are not delayed by the event of delay, interference, disruption, or hindrance; (iii) when at least seven (7) hours of available working time remain out of the working day; (iv) while materials are drying and it is possible for the Contractor to enclose the area and use drying devices;

(v) when an event of delay, interference, disruption, or hindrance occurs on a day other than a working day or other day when the Contractor had not originally planned to work; (vi) when an event of delay, interference, disruption, or hindrance occurs after the expiration of the Contract Time; (vii) to the extent the Contractor could have anticipated or alleviated the impact of the event of delay, interference, disruption, or hindrance through reasonable efforts; (viii) when events of concurrent delay overlap the claimed delay;

and/or (ix) when an extension of time is precluded by any provision of the Contract Documents.

11. QUALIFICATION OF BIDDERS. The apparent most qualified, responsible bidder must submit to Owner, with its Bid, either (i) a fully completed contractor’s statement of qualification or (ii) a written statement that the most recently submitted contractor’s statement of qualification is accurate, which statement of qualification must be considered in the award of the Contract. Failure to accurately complete the contractor’s statement of qualification or to timely submit the statement of qualification will, at Owner’s option, disqualify the bidder from consideration in the award of the Contract. The form of the Contractor’s statement of qualification is available from the Engineer. Owner may reject, at Owner’s sole discretion, a bidder’s statement of qualification if the bidder’s statement of qualification is not on the form provided.

Evidence of out-of-state incorporation to conduct business in the state in which the Work is to be performed, along with state contractor license number, must also be provided and is a consideration in the award of the Contract.

12. MODIFICATION AND WITHDRAWAL OF BIDS. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered in the same manner as Bids were submitted at any time prior to the opening of Bids. If, within twenty-four (24) hours after Bids are opened, any bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid despite the exercise of ordinary care, that bidder may withdraw its Bid and the Bid Security will be returned.

13. HOUSE BILL 1295. Provision of Texas Ethics Commission Form 1295 (“TEC Form 1295”) pursuant to Texas Government Code § 2252.908 (the “Interested Party Disclosure Act” or the “Act”): Unless bidder is exempt from such requirements pursuant to Texas Government Code Section 2252.908(c)(4), the Owner may not award the Contract to a bidder unless the bidder has provided to the Owner a completed and signed TEC Form 1295 which has been assigned a certificate number by the Texas Ethics Commission (the “TEC”). Pursuant to the rules prescribed by the TEC, the TEC Form 1295 must be completed online through the TEC’s website, assigned a certificate number, printed, signed, and provided to the Owner. For purposes of completing the TEC Form 1295, the entity’s name is Katy Development Authority; the contract ID number is 26-015; and the description of goods and services is Katy Development Authority Traffic Signal Improvements Project - Katy Hockley Cut Off Road at Heritage Drive. Neither the Owner nor its consultants have the ability to verify all of Contractor’s information included in a TEC Form 1295, and neither have an obligation nor undertake responsibility for advising any bidder with respect to the proper completion of the TEC Form 1295. ALL BIDDERS MUST

SUBMIT THEIR TEC FORM 1295 WITH THEIR BID.

14. AWARD OF CONTRACT. Owner reserves the right to reject any or all Bids, including without limitation the right to reject any or all nonconforming, non-responsive, unbalanced or conditional Bids and to reject the Bid of any bidder if Owner believes that it would not be in the best interest of the Project to make award to that bidder, whether because the Bid is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria of Owner. Owner also reserves the right to waive all informalities and defects in bidding, except time of submitting a Bid.

Discrepancies between the multiplication of units and unit prices in a Bid will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum if the correct sum is evident from the face of the Bid.

In evaluating Bids, Owner will consider, among other things, the qualifications of bidders, whether the Bids comply with the prescribed requirements, and such substitutions, alternates, unit prices and other data, as may be requested in the bid form or prior to the notice of award. Alternate bid items will not be considered unless requested in the bid form.

Owner may consider the qualifications and experience of subcontractors, suppliers, and other persons and organizations proposed for the Work. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work.

Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of bidders, proposed subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner’s satisfaction.

BY SUBMITTING A BID, EACH BIDDER AUTHORIZES OWNER TO PERFORM ALL

INVESTIGATIONS INTO THE BIDDER’S BACKGROUND, CAPABILITIES, PRIOR EXPERIENCE,

AND OTHER FACTORS PERTAINING TO BIDDER’S PERFORMANCE OF THE WORK, AS

OWNER DEEMS NECESSARY IN ITS SOLE DISCRETION, AND FOR THAT PURPOSE,

SUBMISSION OF A BID ACTS AS BIDDER’S SPECIFIC AUTHORIZATION TO PERSONS AND

ENTITIES CONTACTED BY OWNER IN CONNECTION WITH SUCH INVESTIGATIONS TO

PROVIDE OWNER WITH THE INFORMATION REQUESTED BY OWNER AND TO DISCUSS AND

EXPRESS OPINIONS CONCERNING BIDDER. FURTHER, BY SUBMISSION OF A BID, BIDDER

AGREES TO FULLY AND FOREVER WAIVE AND RELEASE ANY CLAIM (KNOWN OR

UNKNOWN) IT HAS OR MAY HAVE AGAINST THE OWNER, ENGINEER, DEVELOPER AND

THEIR RESPECTIVE ATTORNEYS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, AND

AGENTS (“THE EVALUATING PARTIES”) ARISING OUT OF OR IN CONNECTION WITH THE:

(1) ADMINISTRATION, EVALUATION, OR RECOMMENDATION (OR LACK THEREOF) OF ANY

BID; (2) WAIVER OF ANY REQUIREMENTS UNDER THE BID DOCUMENTS OR THE

CONTRACT DOCUMENTS; AND (3) ACCEPTANCE OR REJECTION OF ANY BIDS AND AWARD

OF THE CONTRACT.

Owner reserves the right to award the Bid, at Owner’s discretion, based on the amount of the total base bid (without including “Extra Unit Price Items” or “alternate” bid items) or on the amount of the total amount bid (including “Extra Unit Price Items” or “alternate” bid items), or based on any other combination, means or method determined appropriate by Owner.

If the Contract is to be awarded, it will be awarded to the responsible bidder whose evaluation by Owner indicates that the award will be most advantageous to the Owner and result in the best and most economical completion of the Work.

If the Contract is to be awarded, Owner will give the successful bidder a notice of award within sixty

(60) days after the day of the Bid opening. All bidders must honor their Contract Price on their bid form, if the Contract is awarded within the timeframe provided herein. A Notice to Proceed will be issued within a reasonable period after the Contract Documents are fully executed.

Within seven (7) calendar days of receipt from the Owner of the notice of award, the successful bidder must submit to the Engineer the payment and performance bonds and all information or other items necessary to complete the Contract Documents, including the required insurance, anticipated construction schedule, and

Contractor’s safety program. See SAFETY under Section 5.20 of the General Conditions of the Contract.

The successful bidder must return the fully executed Contract Documents to Engineer within seven (7) calendar days of receipt, or Owner may at its sole discretion disqualify the Bid and accept another Bid and the bidder must, at Owner’s option, forfeit its Bid Security.

15. TAXES, LICENSES AND FEES. Certain taxes, licenses, fees, and other similar items are part of the cost of the Work, and it is bidder’s responsibility to familiarize itself with these costs and to observe and comply with the Laws and Regulations relating to same. The prices, sums, rates, and other charges set forth in the bidder’s Bid must cover and include all such costs. Owner is exempt from Texas sales and use taxes pursuant to Texas Tax Code § 151.309 as a political subdivision of the State of Texas. Owner shall provide Contractor, if requested by Contractor in writing, with a completed Texas Sales and Use Tax Exemption Certification as evidence of the applicability of such exemption, as limited by applicable statute. In addition, Contractor, and all subcontractors to Contractor (i) must not include any provision for Texas sales and use taxes with respect to such exempt items in any Bid or the Contract Price, and (ii) must pass on to the Owner cost savings due to the exempt status of such exempt items. Contractor’s contracts with all subcontractors to Contractor must include the foregoing provision regarding the exemption from Texas sales and use taxes. Contractor must pay taxes on items that are not exempt.

16. NUMBER OF SIGNED SETS OF DOCUMENTS. The Contract Documents will be prepared in at least five (5) original sets for signature, one (1) for delivery to the successful bidder. Owner will furnish the successful bidder three (3) sets of Plans and Technical Specifications free of charge, and additional sets may be obtained from Engineer at Engineer’s reproduction rates.

17. ELECTRONIC COUNTERPARTS; FORM OF BONDS TO BE PROVIDED TO OWNER.

The Contract Documents may be executed and delivered in any number of counterparts, each of which so executed and delivered will be deemed to be an original and all of which will constitute one and the same instrument.

18. INSURANCE. See section entitled “INSURANCE REQUIREMENTS” attached to and incorporated into the General Conditions of the Contract as Attachment A to the General Conditions of the Contract and Special Conditions of the Contract Part B, if attached..

19. SOILS REPORT. If a soils investigation has been made for this Project, the soils report and log of borings is available for bidder’s information only. The report is not a warranty of subsurface conditions, nor is it a part of the Contract Documents. Bidders are expected to examine the Site and such reports and then decide for themselves the soils or conditions that may be encountered.

Owner, Engineer, and Developer, if applicable, disclaim any responsibility for the accuracy, true location and extent of the surface and subsurface investigations that have been prepared by others. Owner, Engineer, and Developer, if applicable, further disclaim responsibility for interpretation of that data by bidder, e.g., projecting soil-bearing values, rock profiles, soil stability and the presence, level and extent of underground water or other underground facilities or utilities.

https://www.lawinsider.com/clause/counterparts-and-electronic-signatures

20. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE.

(A) General: Chapter 2258 of the Texas Government Code provides that any political subdivision of the State of Texas shall determine the general prevailing wage rate received by the classes of workers employed on projects similar to this Project and shall specify in the call for bids and in the Contract Documents the minimum wage rates which must be paid for each type of worker. This statute further provides that the Contractor or subcontractors must pay, as penalty to Owner, Sixty Dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract. Owner is authorized to withhold from the Contractor the amount of this penalty from any payment due under the Contract Documents.

The statute likewise requires that the Contractor and subcontractors keep an accurate record of the names and occupations of all persons employed by them on the construction of the Project and to show the actual per diem wages paid to each worker. These records are open to the inspection of Owner.

(B) The minimum wage rates that apply to this Contract are specified in Attachment B to the General Conditions of the Contract. Contractor and subcontractors must review and ascertain such wage rates and pay at least such minimum rates.

21. ECONOMIC DISINCENTIVES. The Contractor and the Owner agree that time is of the essence of this Contract. The Contractor and the Owner agree that a breach of this Contract by failure to complete the Work in the specified time will cause harm to the Owner. Therefore, the Contractor and the Owner agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the time limit(s) set in the Contract, or as extended under the provisions of these General Conditions (including, without limitation, due to a delay caused by Contractor’s failure to comply with the Contract Documents or due to Owner’s termination of Contractor for default under the Contract Documents), Contractor shall be liable to Owner for economic disincentives under Section 49.271(e) of Texas Water Code, in the amount of $500.00 for each such calendar day. The Owner shall have the option to deduct and withhold said amount from any monies that the Owner owes the Contractor or its sureties or to recover such amount from the Contractor or the sureties on the Contractor’s bond.

BP-1

BID PROPOSAL

BID FOR UNIT PRICE CONTRACT

DATE:

Proposal of:

(Hereinafter called “Bidder”)

TO: THE PRESIDENT AND BOARD OF DIRECTORS

KATY DEVELOPMENT AUTHORITY, WALLER COUNTY TEXAS

(Hereinafter called "Owner")

The Bidder, in compliance with your invitation for bids for the construction of:

having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials and supplies and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the prices stated in Exhibit "A" attached hereto.

The Bidder binds himself, upon acceptance of his proposal, to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated herein and for the prices stated in Exhibit "A" of this proposal.

Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within the number of calendar days as stated in the Agreement for the Base Bid work and any Add Alternate bid work (if awarded by the Owner) as stated in the Instructions to Bidders thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500.00 for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as set forth in the General Conditions of the Agreement.

The following unit prices are bid and shall be complete compensation as measured in place for all materials, labor, overhead, profits and any other cost that is necessary to complete the job to the Engineer’s specifications and satisfaction. It is also understood that the quantities shown are only an estimate of the work to be done. No re-negotiation of prices bid will be made for over runs or under runs of quantities.

BP-2

Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with the Instructions to Bidders.

Bidder understands that the Owner reserves the right to reject any or all bids, use deductible bid items and to waive any formality in the bidding.

Bidder agrees that this bid shall be good and may not be withdrawn for a period of ninety (90) calendar days after the scheduled closing time for receiving bids.

Bidder acknowledges receipt of the following addenda:

1. 3.

2. 4.

The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed and to substantially complete the work on which he has bid, as provided in the contract documents.

Enclosed with this proposal is a cashier's check or certified check for Dollars ($ ) or a bid bond in the sum of ($ ) as which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bonds (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise said check or bond shall be returned to the undersigned upon demand.

Unit Prices are to be shown in Figures. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum there of will be resolved in favor of the correct sum.

The unit prices shall include all labor, materials, dewatering, shoring, removal, overhead, incidental costs, fees, profit, insurance, etc., to cover the finished work of the several kinds called for.

BP-3

Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders.

Bidder

By:

Signature

Type or Print:

Bidder’s Name:

Bidder’s Address:

(If Bidder is a Corporation):

Attest:

Secretary

Name of (Corporate Seal) Person Signing:

Office Held:

1 Mobilization (Not to Exceed 3% of Total Bid), Complete in Place, the Sum of: LS 1 $ $

2 Traffic Control and Regulation, Complete in Place, the Sum of: LS 1 $ $

Miscellaneous Allowance for use by Owner for General Construction Items as directed by the Engineer (Fixed Amount of $25,000):

AL 1 $ 25,000.00 $ 25,000.00

4 REMOVE CONC (CURB) LF 42 $ $

5 DRILL SHAFT (36 IN) LF 30.4 $ $

6 DRILL SHAFT (48 IN) LF 43.8 $ $

7 TEMP SEDMT CONT FENCE (INLET PROTECTION)(INSTALL) LF 60 $ $

8 TEMP SEDMT CONT FENCE (INLET PROTECTION)(REMOVAL) LF 60 $ $

9 CURB RAMPS (TY 7) SY 45 $ $

10 FIBER OPTIC CBL (SINGLE-MODE) (12 FIBER) LF 1945 $ $

11 CONDT (PVC) (SCH 80) (2") LF 780 $ $

12 CONDT (PVC) (SCH 80) (4") LF 35 $ $

13 CONDT (PVC) (SCH 80) (4") (BORE) LF 254 $ $

14 ELEC CONDR (NO.8) BARE LF 295 $ $

15 ELEC CONDR (NO.8) INSULATED LF 34 $ $

16 ELEC CONDR (NO.6) INSULATED LF 16 $ $

17 ELEC CONDR (NO.4) INSULATED LF 24 $ $

18 TRAY CABLE (4 CONDR) (12 AWG) LF 840 $ $

19 GROUND BOX TY D (162922)W/APRON EA 4 $ $

20 GROUND BOX TY 1 (122422)W/APRON EA 1 $ $

21 ELC SRV TY D 120/240 060(NS)SS(E)PS(U) EA 1 $ $

22 REFL PAV MRK TY I (W)8"(SLD)(100MIL) LF 75 $ $

23 REFL PAV MRK TY I (W)12"(SLD)(100MIL) LF 318 $ $

24 REFL PAV MRK TY I (W)24"(SLD)(100MIL) LF 108 $ $

25 REFL PAV MRK TY I (W)(ARROW)(100MIL) EA 1 $ $

26 REFL PAV MRK TY I (W)(DBL ARROW)(100MIL) EA 1 $ $

27 REFL PAV MRK TY I (W)(WORD)(100MIL) EA 1 $ $

28 ELIM EXT PM & MRKS (4") LF 27 $ $

29 ELIM EXT PM & MRKS (8") LF 75 $ $

30 ELIM EXT PM & MRKS (24") LF 32 $ $

(B) TRAFFIC SIGNAL ITEMS

TOTAL AMOUNT

(A) GENERAL ITEMS

(A) SUB-TOTAL GENERAL ITEMS:

KATY DEVELOPMENT AUTHORITY

TRAFFIC SIGNAL CONSTRUCTION - KATY HOCKLEY CUTOFF at HERITAGE DR

EXHIBIT "A" - BID PROPOSAL

ITEM

NO.

ITEM DESCRIPTION UNIT QUAN. UNIT PRICE

BP-4

TOTAL AMOUNT

(A) GENERAL ITEMS

KATY DEVELOPMENT AUTHORITY

TRAFFIC SIGNAL CONSTRUCTION - KATY HOCKLEY CUTOFF at HERITAGE DR

EXHIBIT "A" - BID PROPOSAL

ITEM

NO.

ITEM DESCRIPTION UNIT QUAN. UNIT PRICE

31 ELIM EXT PM & MRKS (ARROW) EA 1 $ $

32 ELIM EXT PM & MRKS (DBL ARROW) EA 1 $ $

33 ELIM EXT PM & MRKS (WORD) EA 1 $ $

34 INSTALL HWY TRF SIG (SYSTEM) EA 1 $ $

35 VEH SIG SEC (12")LED(GRN) EA 8 $ $

36 VEH SIG SEC (12")LED(GRN ARW) EA 2 $ $

37 VEH SIG SEC (12")LED(YEL) EA 8 $ $

38 VEH SIG SEC (12")LED(YEL ARW) EA 4 $ $

39 VEH SIG SEC (12")LED(RED) EA 8 $ $

40 VEH SIG SEC (12")LED(RED ARW) EA 2 $ $

41 PED SIG SEC (LED)(COUNTDOWN) EA 4 $ $

42 BACKPLATE W/REFL BRDR(4 SEC) EA 2 $ $

43 BACKPLATE W/REFL BRDR(3 SEC) EA 8 $ $

44 TRF SIG CBL (TY A)(12 AWG)(2 CONDR) LF 471 $ $

45 TRF SIG CBL (TY A)(12 AWG)(4 CONDR) LF 493 $ $

46 TRF SIG CBL (TY A)(12 AWG)(7 CONDR) LF 688 $ $

INS TRF SIG PL AM(S)1 ARM(28')LUM - *POLE TO BE FACTORY POWDER COATED

BLACK

EA 1 $ $

INS TRF SIG PL AM(S)1 ARM(32')LUM - *POLE TO BE FACTORY POWDER COATED

BLACK

EA 1 $ $

INS TRF SIG PL AM(S)1 ARM(50')LUM - *POLE TO BE FACTORY POWDER COATED

BLACK

EA 2 $ $

50 PED POLE ASSEMBLY - *POLE TO BE FACTORY POWDER COATED BLACK EA 1 $ $

51 PED DETECT PUSH BUTTON (APS) EA 4 $ $

52 PED DETECTOR CONTROLLER UNIT EA 1 $ $

53 BBU SYSTEM (EXTERNAL BATT CABINET) EA 1 $ $

54 RVDS(PRESENCE DETECTION ONLY) EA 4 $ $

55 RVDS(ADVANCE DETECTION ONLY) EA 4 $ $

56 GTT OPTICOM SYSTEM MODEL 721 W/ MODEL 575 LED LIGHT KIT EA 4 $ $

(B) SUB-TOTAL TRAFFIC SIGNAL ITEMS:

TOTAL BID (A + B):

BP-5

BB-1

BID BOND

STATE OF TEXAS SURETY'S NO.

COUNTY OF ______________________

KNOW ALL MEN BY THESE PRESENTS that

(hereinafter called the "Principal"), as Principal, and , (hereinafter called the "Surety"), as Surety, are held and firmly bound unto the Katy

Development Authority, Harris County, Texas (hereinafter called the "Obligee"), in the amount of

Dollars ($ ), for the payment whereof the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a Bid or Proposal to enter into a certain written

Contract with the Obligee to

NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully enter into such written Contract, then this obligation shall be void but otherwise, shall remain in full force and effect.

BB-2

IT IS EXPRESSLY UNDERSTOOD AND AGREED that if said Principal should withdraw its Bid at any time after such Bid is opened but before official rejection of such Bid or, if successful in securing the award thereof, said Principal should fail to enter into the Contract and furnish satisfactory Performance Bond and Payment Bond, if required, the Obligee, in either of such events, shall be entitled and is hereby given the right to collect the full amount of this Bid

Bond as liquidated damages.

Provided further that if any legal action be filed upon this Bond, venue shall lie in Waller

County, Texas.

IN WITNESS WHEREOF, the said Principal and Surety do sign and seal this instrument this day of , 20___.

Principal Surety

By: By:

Address: Address:

SUBCONTRACTORS AND MAJOR SUPPLIERS FORM

LIST OF SUBCONTRACTORS AND TYPE OF WORK TO BE PERFORMED:

1.

2.

3.

4.

LIST OF LOCAL SUBCONTRACTORS:

(PRINCIPAL BUSINESS LOCATION IN HARRIS, WALLER & FORT BEND COUNTY)

1.

2.

3.

4.

LIST OF MAJOR SUPPLIERS:

1.

2.

3.

4.

LIST OF LOCAL MAJOR SUPPLIERS:

(PRINCIPAL BUSINESS LOCATION IN HARRIS, WALLER & FORT BEND COUNTY)

1.

2.

3.

4.

KATY DEVELOPMENT AUTHORITY CONTRACT

09 Contract - September 2023 (FINAL) Contract 1 of 2 September 2023

CONTRACT

STATE OF TEXAS }

COUNTY OF }

THIS CONTRACT (“Contract”) is made and entered into this _____________________ day of ___________, 20__ by and between Katy Development Authority (the “Owner”) c/o Allen Boone Humphries Robinson LLP, 3200 Southwest Freeway, Suite 2600, Houston, Texas 77027, of Harris County, Texas, and _______________, _____________, of the City of , County of ___, and State of _____________, hereinafter termed “Contractor.”

All capitalized terms used herein shall be given the meanings set forth in the General Conditions of the Contract. ARKK Engineers, LLC. & AGS Engineering shall be referred to herein as the “Engineer.”

For and in consideration of the mutual covenants hereinafter set forth, and under the conditions expressed in the Bonds bearing even date herewith, the Contractor and Owner hereby agree as follows:

Contractor shall commence and complete the Work generally described as follows:

Traffic Signal Construction Project Katy Hockley Cut Off Road at Heritage Drive for Katy Development Authority, Harris County, Texas, according to those particular Plans and Technical Specifications prepared by ARKK Engineers & AGS Engineering, in the initial Contract Price of $_______________ and all Extra Work in connection therewith, under the terms as stated in the Contract Documents, and, at Contractor’s 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 Work, in accordance with the conditions and prices stated in the Bid attached hereto and in accordance with the Contract Documents. Contractor represents and warrants to the Owner that it has carefully examined this Contract and all Contract Documents and is thoroughly familiar therewith.

The Contractor hereby agrees to begin work within ten (10) calendar days after the written Notice to Proceed has been given by the Engineer. Contractor hereby also agrees to achieve Substantial Completion of the Work within 210 calendar days after the date of the written Notice to Proceed and to achieve Final Completion of the Work within 240 calendar days after the date of the written Notice to Proceed.

Owner agrees to pay Contractor for completion of the Work in accordance with the Contract Documents for the initial Contract Price of ___________________ ($____________), plus or minus any increases or decreases to the initial Contract Price as provided by the Contract Documents. Contractor will be paid in current funds for the performance of the Contract in accordance with the Bid submitted therefor, subject to additions and deductions as allowed by the Contract Documents and, if applicable, approved by Change Order under the Contract Documents, and to make payments on account thereof as provided therein.

KATY DEVELOPMENT AUTHORITY CONTRACT

09 Contract - September 2023 (FINAL) Contract 2 of 2 September 2023

If included as Special Conditions of the Contract Part B, the Developer shall act as “Owner” for the purposes of all payments.

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

Katy Development Authority Owner

ATTEST: By:

Name:

Title:

Contractor

ATTEST: By:

Name:

Title:

(The following to be executed if Contractor is a corporation)

I, _________________________________, certify that I am the secretary of the corporation named as Contractor herein; that _________________________________________________, who signed this Contract on behalf of Contractor, was then _______________________________ __________________________ of said corporation; that said Contract was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers.

Signed:

Corporate Seal

ALL BIDDERS MUST SUBMIT THEIR TEC FORM 1295 WITH THEIR BID. THE OWNER

WILL NOT AWARD THE CONTRACT WITHOUT THE COMPLETED TEC FORM 1295

NOTED IN THE INSTRUCTIONS TO BIDDERS.

The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Contract and the Contractor agrees that the Contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter.

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

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

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

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

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

1 Name of vendor who has a business relationship with local governmental entity.

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

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

Name of Officer

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

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

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

Yes No

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

Yes No

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

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

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

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

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

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

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

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

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

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

(C) a purchase or lease of goods or…