Westlake Drive Pavement and Utility Replacement Project - Spec Book - Final.pdf

Prepared by

Grantham & Associates, An LJB Company

Molly Pierson, P.E.

2600 North Central Expressway, Suite 100

Richardson, Texas 75080

SPECIFICATIONS

AND

CONTRACT DOCUMENTS

FOR

REQUEST FOR BIDS

PROJECT NO. – RFB-DEA-2602

WESTLAKE DRIVE PAVEMENT & UTILITY

REPLACEMENT

City of DeSoto 211 E. Pleasant Run Road

DeSoto, Texas 75115 September 2026

TOC - 1

RFB SPECIFICATIONS AND CONTRACT DOCUMENTS FOR THE

WESTLAKE DRIVE PAVEMENT & UTILITY REPLACEMENT, DESOTO TX

PROJECT NO. – RFB-DEA-2602

TABLE OF CONTENTS

SECTION TITLE PAGES

00 BID BOND ……………………………………………BB-1

01 INVITATION FOR BIDS………………………………..IFB-1 to IFB-2

02 INSTRUCTIONS TO BIDDERS……………………….ITB-1 to ITB-7

03 CHECKLIST FOR BID SUBMISSION………………. CK-1

04 AGREEMENT…………………………………………...AG-0 to AG-23

05 CONTRACTOR UTILIZATION FORM…..……………CUF-1 to CUF-2

06 MWBE/DBE/HUB PARTICIPATION SHEET………..MWBE-1 to MWBE-2

07 GENERAL CONDITIONS…………………………….. GC TOC-1 to GC TOC-2 GC-1 to GC-24

08 PERFORMANCE BOND…………………………… PRFB-1 to PRFB-2

09 PAYMENT BOND………………………………………PB-1 to PB-2

10 MAINTENANCE BOND………………………………. MB-1 to MB-2

11 INSURANCE…………………………………………… INS-1 to INS-3, COI-1

12 WORKERS COMPENSATION INSURANCE……… WCI-1 to WCI-4

13 JOB CLASSIFICATION AND WAGE RATE……… JC-1 to JC-12

14 GENERAL CONSTRUCTION NOTES……………….GCN-1 to GCN-10

15 PROJECT SPECIFIC CONSTRUCTION NOTES…..PSCN-1

16 PROJECT SIGNS………………………………………PS-1 to PS-2

17 AFFIDAVIT OF CLAIMS RELEASE………………… ACR-1

18 PAY ITEMS DESCRIPTIONS…………………………PID-1 to PID-8

19 BID PROPOSAL……………………………………… BID-1 to BID-12

20 CONFLICT OF INTEREST STATEMENT………… CIQ-1 to CIQ-4

21 TECHNICAL SPECIFICATIONS…………………… TS-1

22 FEDERAL DEBARMENT FORM ………………………….FR-1

23 HB 89 FORM ……………………..………………....….HB-1

24 REFERENCES FORM……………………………...….REF-1

SECTION 01

CITY OF DESOTO

ADVERTISEMENT FOR REQUEST FOR BIDS

WESTLAKE DRIVE PAVEMENT & UTILITY REPLACEMENT

PROJECT# - RFB-DEA-2602

The City of DeSoto, Texas is seeking a qualified contractor to construct the Westlake Drive Pavement & Utility Replacement, from Cottonwood Drive to Pleasant Run Road, Project No. – RFB-DEA-2602 and is advertising this Request for Bids.

The work to be performed under this contract consists of approximately 13,364 square yards of concrete pavement and 3,522 linear foot of sanitary sewer replacement, from Cottonwood Drive to the Pleasant Run Road. as further defined by this Request for Bids.

The Contractor shall supply all labor, equipment, and materials necessary to complete the work in accordance with these specifications and plans. Before bidding on the project, bidders are expected to inspect the site of the work and to inform themselves regarding all site and roadway conditions. The Contractor will be required to coordinate construction activities with the City. All work shall conform to City of DeSoto’s construction standards and in accordance with the contract drawings and specification documents. All Work must be completed within 150 days of the issuance of a Notice to Proceed.

A copy of this Request for Bids, Plans, specifications, and bidding documents may be obtained from the City of DeSoto, Development Services Department, Town Center, 211 E. Pleasant Run Road, DeSoto, TX 75115 for a non-refundable fee of ONE HUNDRED DOLLARS ($100.00) per set. The plans, specifications and bidding documents are also available for no charge from www.planetbids.com or Civcastusa.com.

Sealed bids addressed to MD Hossain, P.E., City Engineer, will be received at the DeSoto Town Center, Development Services Department, 211 E. Pleasant R un, DeSoto, TX 75115-3939, until 2:00 pm local time, on Wednesday, October 28, 2026, at which time bids will be publicly opened and read. Bidders are invited, but are not required, to attend the bid opening. The sealed envelope/package shall be marked in the upper left-hand corner with the project title, bid opening date and time, and bidders name and contact information.

All bids shall be accompanied by a bid bond from a reliable surety (with the appropriate “Power of Attorney”) or by a cashier’s or certified check upon a national or state bank in the amount of five percent (5%) of the total maximum bid, as a guarantee that bidder will enter into a contract and execute performance, payment and maintenance bonds within ten (10) days after notice of award of contract to the company.

The successful bidder must furnish a performance bond and a payment bond (with the appropriate “Power of Attorney”) in the amount of one hundred percent (100%) of the contract price, and a maintenance bond (with the appropriate “Power of Attorney”) in the

IFB-1

IFB-2

amount of one hundred percent (100%) of the contract price from an approved surety company holding a permit from the State of Texas to act as surety of other surety or sureties acceptable to the City of DeSoto. The maintenance bond shall be in effect for a period of two (2) years after final acceptance of the work. Please review the RFP documents for the entire list of bid submittal documents.

While use of subcontractors is permitted, all bidders are informed that a minimum of fifty-one (51%) of the construction work must be performed by the General Contractor of record for the project.

A pre-bid conference will be held at 3:00 pm on Wednesday, October 14, 2026 in the City Council Conference Room located at 211 E. Pleasant Run Road, DeSoto, Texas.

Questions or comments regarding this RFB must be received in writing by no later than 5:00 PM on Wednesday, October 21, 2026, by MD Hossain, P.E. City Engineer, at the DeSoto Town Center, Development Services Department, 211 E.

Pleasant Run, DeSoto, TX 75115, or Mhossain@desototexas.gov.

All bidders will be required to comply with provision 5159a of “Vernon’s Annotated Civil Statutes” of the State of Texas with respect to the payment of prevailing wage rates.

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

City of DeSoto Advertisement Date:

September 29, 2026 MD Hossain, P.E.

City Engineer

ITB-1

SECTION 02

INSTRUCTIONS TO BIDDERS

All Bidders submitting Bids in response to this Request for Bids (including its attachments and any Addenda) (“RFB”) shall follow these instructions. Failure to follow these instructions may result in the rejection of a Bid.

BID DOCUMENTS

1. Plans, specifications, and bidding documents may be secured from the City of DeSoto, Development Services Department, Town Center, 211 E. Pleasant Run Road, DeSoto, TX 75115 for a non-refundable fee of ONE HUNDRED DOLLARS ($100.00) per set. The plans, specifications and bidding documents are also available from www.planetbids.com, www.Civcastusa.com or the City’s website for no charge.

2. Bidders desiring further information or interpretation of the plans or specifications must make a request for such information in writing to the City Engineer prior to seventy-two (72) hours before the bid opening. Answers to all such questions will be given in writing to all bidders, in addendum form. All addenda will be bound with, and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding.

3. Should a bidder find discrepancies in, or omissions from, the plans and specifications, or other contract documents, or should be in doubt as to their meaning, the bidder should at once notify the City Engineer in order that a written Addendum may be sent to all bidders. Any Addenda issued prior to twenty-four

(24) hours of the opening of the bids will be faxed or e-mailed to each Bidder contemplating the submission of a bid of this work. The bid as submitted by the BIDDER will be so constructed as to include any Addenda if such are issued by the ENGINEER prior to twenty-four (24) hours of the opening of bids.

BID SUBMISSION

4. Bids must be received by the City no later than the date and time and at the location stated in the RFB for the submission of Bids. It is the sole responsibility of each Bidder to ensure its Bid is received by the City at the proper location, date, and time. Bids not received at the proper location by the designated date and time will be considered late and will be returned unopened.

5. Bids may be submitted by mail or delivery. Bids shall not be submitted via facsimile or email.

6. Bids shall consist solely of the Bid Forms, the Bid Security, and a one-page preliminary construction schedule including the overall duration, key activities, and dates.

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7. Bids must be submitted in a sealed envelope marked with: (1) the Bidder’s name;

(2) the Bidder’s address; (3) the Project name and number; and (4) the statement

“SEALED BID ENCLOSED – TO ONLY BE OPENED BY CITY ENGINEER OR

DESIGNEE.”

8. Before submitting a Bid, each Bidder should carefully examine the plans, specifications, contract, addenda and all other documents, visit the site of work and fully inform themselves as to all conditions and matters that could in any way affect the work or the costs thereof.

9. No individual or entity shall make or file more than one Bid for the same Work unless alternate bids are required. Bids shall be made without connection with any other person or entity submitting a Bid for the Work, shall be fair in all respects, and shall be made without collusion or fraud. Notwithstanding the foregoing, a person or entity that has quoted prices to any Bidder is not disqualified from quoting prices to other Bidders or from submitting a Bid.

10. Bids cannot be altered after submission.

11. Bidders shall acknowledge receipt of all Addenda. Failure to acknowledge receipt of all Addenda may result in the rejection of a Bid. The failure or omission of any Bidder to do any of the foregoing shall in no way relieve the Bidder from any obligation with respect to its Bid or any provisions of the Contract Documents. After the submission of a Bid, Bidders shall not assert any misunderstanding concerning the quantities or nature of Work to be performed.

12. Bidders should not include as a part of the response to the invitation to bid any information which the bidder believes to be a trade secret or other privileged or confidential data. If a Bidder wishes to include such material with a bid, then the material should be supplied in a separate envelope with “Confidential” marked on the envelope and the appropriate pages. The City will keep confidential only documents protected from disclosure under the Texas Open Records Act (“Act”) as determined by the City or any court. Under no circumstances may an entire Bid be marked or identified as proprietary. By submitting a Bid, each Bidder agrees to hold the City harmless from any claims arising from the release of proprietary information not clearly designated as such by the Bidder and from any claims arising from the release of documents not protected from disclosure under the Act.

13. Respondents are cautioned not to undertake any activities or actions to promote or advertise their Bids, other than discussions with City staff as described in this RFB. After the release of this RFB, Bidders are not permitted to make any direct or indirect contact with City personnel involved in this RFB, the City Council, or media on the subject of this RFB, except in the course of City-sponsored

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presentations or as authorized by this RFB. Violation of these rules is grounds for disqualification of the Bidder.

14. Alterations, interlineations, erasures, strikethroughs, and other marks on any Bid Form will be disregarded unless initialed in blue ink by the person signing the Bid.

15. The City reserves the right to modify this RFB or the selection process, to cancel this RFB, to accept or reject any Bid for any reason (including without limitation Bidder responsibility and inadequate, unreasonable, or imbalanced Bids), and to waive any informalities or irregularities in any Bid, without liability, at any time.

Neither the issuance of this RFB or the receipt and evaluation of Bids obligates the City to select any Bidder or enter into any agreement. No Bid shall constitute business terms of any eventual agreement except as expressly agreed by the City.

16. All Bids shall become the property of the City, will not be returned, and will become a public record. The total cost of Bid preparation and submission shall be borne by the Bidder.

17. Bidders shall fully complete all Bid Forms (including all blank spaces and additive

Bid items, if applicable) by legibly printing the entire prices for the Work. Prices and the name of signatory shall be printed in ink or by typewriter. All signature(s) shall be in blue ink. Bids completed in pencil may be rejected.

18. Bids shall be made on each separate item of work shown in the Bid Forms, with reasonable relation to the probable cost of doing the work included in such item.

The unit price items in the Bid Forms are intended to cover all items of work to be done and materials to be furnished to fully complete the Work in accordance with the Contract Documents. The cost of appurtenant items of work, labor, materials and equipment, and all other costs (including without limitation sales and use tax, insurance, licenses, permits, profit, and other overhead) not listed separately, not shown on the Plans and Specifications, or not specified but necessary to complete the Work in accordance with the Contract Documents shall be considered as included in the unit price Bid.

19. The quantities listed in the Bid Forms are approximate and are given only for use in comparing Bids and to indicate approximately the total amount of the Contract.

The City does not expressly or by implication represent that the actual amounts of Work will correspond with the estimated quantities. Work under certain items may be materially greater or less than those estimated in the Bid Forms as may be necessary, in the judgment of the City, to complete the Project.

20. The materials, products, equipment or processes described in the Contract Documents establish a standard of required function, dimension, appearance

ITB-4

and quality to be met by any proposed substitution. The materials, products, equipment or process specified shall be considered as the basis for the Bid.

Substitutions in Bids shall not be considered unless approved prior to the receipt of Bids through an Addendum; failure to obtain advance approval for substitutions may result in the rejection of a Bid. Each request for a substitution shall include: the name of the item for which it is to be substituted; a complete description of the proposed substitute (including trade names, drawings, specifications, cuts, performance and test data and any other information necessary for evaluation); and a statement setting forth any changes in other materials, equipment or Work that incorporation of the substitute would require.

The burden of proof concerning the merit of the proposed substitute is upon the selected contractor. The City’s decision of approval or disapproval of a proposed substitute shall be final.

21. A Bidder may withdraw its Bid only by notarized written request signed by the same person who signed the Bid. A request to withdraw a Bid must be received by the City prior to the date and time stated in the RFB for the submission of Bids. E-mail, faxed, or oral requests for withdrawal will not be considered.

22. All Bids are valid and, after the date and time stated in the RFB for the submission of Bids, cannot be withdrawn until the earlier of ninety (90) days after the bid opening or the date of execution of the Construction Contract Agreement and delivery of acceptable payment and performance bonds and a proposed Construction Schedule by the selected Bidder.

23. While it is permissible for the bidder to utilize sub-contractors to perform a portion of the Work, all bidders are informed that a minimum of fifty-one (51%) of the construction work must be performed by the General Contractor of record for the project.

BID OPENING

24. The City will conduct a public bid opening at the date, time, and location identified in the RFB. Bids will be opened and read aloud but no selection or discussion will occur.

DBE/MWBE/HUB PARTICIPATION

There will be an overall DBE/MWBE/HUB participation goal of 20% for this RFB.

The consultant or contractor is encouraged to make a good-faith effort to use DBE/MWBE/HUB subconsultant or subcontractors to perform 20 percent of services for capital projects only as outlined in this RFB.

The City of DeSoto recognizes the Texas Unified Certification Program (TUCP) and therefore will accept a business’s valid DBE certification received

ITB-5

from any of the TUCP members listed below, in addition to certification via the Texas State Comptroller:

1. North Central Texas Regional Certification Agency

2. Texas Department of Transportation

3. City of Austin

4. City of Corpus Christi Regional Transportation Authority

5. City of Houston

6. South Central Regional Certification Agency

A valid, current certificate shall be furnished to the City to substantiate a firm’s certification as a DBE, MWBE or HUB through one of the accreditation agencies recognized by the City.

CONTRACTOR SELECTION

25. The City will select the lowest responsive and responsible Bidder, as determined to be the best value by the City in its sole discretion. The City’s determination of responsibility may include, without limitation, the Bidder’s financial resources, ability to comply with all legal and regulatory requirements, ability to perform the Work and complete the Project on time, history of performance, reputation, ability to obtain necessary equipment, data, and facilities, and any other factor deemed important by the City.

26. The City’s decision is final and without recourse to any Bidder. The issuance of a

Notice to Proceed will be conditioned on approval of the Construction Contract Agreement by the City Council of the City of DeSoto if Contract Price is greater than $50,000.00, or as otherwise determined by the City.

27. The City does not discriminate on the basis of race, creed, color, religion, gender or sex, age, handicap, veteran status, national origin, or ancestry, in connection with this RFB.

BID AWARD

28. The notice of award of contract shall be given by the OWNER within ninety(90) days following the opening of bids. The bid security must be enclosed in the same envelope with the bid. Bids without check or bid bonds will not be considered.

29. Upon request of the Bidder, all bid securities will be returned to the respective bidders within seven (7) days after bids are opened, except those which the OWNER elects to hold until the successful bidder has executed the contract.

Thereafter, all remaining securities will be returned within sixty (60) days.

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30. Bids will be awarded based on the “base bid” projects only. Add alternates may or may not be added to the project depending on the overall project budget.

CONTRACTING

31. The bidder awarded a contract must execute a Construction Contract

Agreement, and, as provided in the Contract Documents, furnish a performance bond, payment bond, for the full amount of the contract, and a two-year maintenance bond 100% of the total contract price, proof of insurance, and a proposed Construction Schedule within ten (10) days of receipt of notice of award of contract to secure ensure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment of all lawful claims for labor performed and materials furnished in fulfillment of the contract. The proof of insurance for Workers’ Compensation and Comprehensive General Liability Insurance must be in the amounts required in the General and Supplemental Conditions. An insurance form is provided in this set of bid documents. If this form is not used and another form is substituted, all information requested and cross-outs shown on the City’s form shall be required. The City reserves the right to request any other insurance coverage as may be required by each individual project.

32. If the selected Bidder fails to execute the Construction Contract Agreement and provide payment and performance bonds and a proposed Construction Schedule, the City may select another Bidder, in the City’s discretion.

PROJECT CONSTRUCTION

33. If the Contractor wishes to work overtime (more than thirty minutes per day), he must get overtime approval by the Construction Supervisor 24 hours in advance and must agree to pay the City for the inspector’s time at a rate of fifty dollars ($50) per hour with a 2-hour minimum. If the Contractor arranges to work on a weekend day and for any reason does or cannot work, he will be responsible for a minimum of four (4) hours pay for the inspector.

34. In case of conflict or discrepancies between the various parts of Contract documents, the priority order of precedence, subject to the ruling of the City Engineer, shall generally, be as follows: the Plans; the Bid Contract and pay items specifications included herein; appropriate City Ordinances; the remainder of this document; the latest revisions of Standard Specifications for Construction;

and then the North Central Texas Council of Governments Standard Specifications for Public Works Construction.

35. The location of underground facilities indicated on the plans, are taken from public records. It is the Contractor’s responsibility to make arrangements with the owners of such underground facilities prior to working in the area to confirm their locations and to determine whether any additional facilities, other than the

ITB-7

ones shown on the plans, may be present. Contractor shall preserve and protect all underground facilities.

36. Contractor will be responsible for supplying and placing all necessary barricades to conform to the TMUTCD Manual.

37. The General Contractor shall provide one person, with authority to make decisions, to be in charge from the beginning to the end of the project. This person shall be at the work site at all times to coordinate all phases of the work and the work of the various subcontractors.

AG-0

SECTION 04 -AGREEMENT

CITY OF DESOTO, TEXAS

PUBLIC WORKS CONSTRUCTION PROJECT

WESTLAKE DRIVE PAVEMENT & UTILITY

REPLACEMENT

Vendor Name

AG-i

TABLE OF CONTENTS

ARTICLE I; THE CONTRACT AND THE CONTRACT DOCUMENTS AG-1

1.1 The Contract AG-1

1.2. The Contract Documents AG-1

1.3 Entire Agreement AG-1

1.4 No Privity with Others AG-1

1.5 Intent and Interpretation AG-1

1.6 Ownership of Contract Documents AG-2

ARTICLE II; THE WORK AG-2

2.1 The Work AG-2

2.2 Work AG-2

ARTICLE III; CONTRACT TIME AG-3

3.1 Substantial Completion AG-3

3.2 Time AG-3

3.3 Time is of the Essence AG-3

3.4 Liquidated Damages; Early Completion Bonus AG-4

3.5 No Damages for Delay; No Back-Charges; Damage Waiver AG-4

ARTICLE IV; CONTRACT PRICE AG-5

4.1 The Contract Price AG-5

ARTICLE V; PAYMENT OF THE CONTRACT PRICE AG-5

5.1 Schedule of Values AG-5

5.2 Payment Procedure AG-5

5.3 Withheld Payment AG-6

5.4 Unexcused Failure to Pay AG-7

5.5 Certificate of Substantial Completion AG-7

5.6 Completion and Final Payment AG-7

ARTICLE VI; THE City AG-8

6.1 Information, Services and Things Required from City AG-8

6.2 Right to Stop Work AG-8

6.3 City's Right to Perform Work AG-9

ARTICLE VII; THE CONTRACTOR AG-9

7.1 Must Follow Contract AG-9

7.2 Prosecution of Work AG-9

7.3 Warranty AG-9

7.4 Permits; Fees; Licenses AG-9

7.5 Supervision AG-9

7.6 Work Schedule AG-10

7.7 On-Site Drawings AG-10

7.8 Record Drawings, As-Built Plans, Shop Drawings, Product Data, and Samples AG-10

7.9 Cleaning the Site and the Project AG-10

7.10 Access to Work and Inspections AG-11

7.11 Indemnity and Disclaimer AG-11

7.12 Nondiscrimination AG-11

7.13 Prevailing Wage Rates AG-11

7.14 Job Site Safety Precautions AG-12

7.15 Warning Devices and Barricades AG-12

7.16 Protection of Utilities and Other Contractors AG-12

AG-ii

ARTICLE VIII; CONTRACT ADMINISTRATION AG-12

8.1 The Engineer AG-12

8.2 Engineer's Administration AG-13

8.3 Claims by the Contractor AG-13

8.4 Extra Work AG-14

8.5 Claims for Additional Costs or Time; Contract Price Increase AG-14

8.6 Field Orders AG-14

8.7 Mediation AG-15

ARTICLE IX; SUBCONTRACTORS AG-15

9.1 Definition AG-15

9.2 Award of Subcontracts AG-15

ARTICLE X; CHANGES IN THE WORK AG-15

10.1 Changes Permitted AG-15

10.2 Change Order Defined AG-15

10.3 Changes in the Contract Price AG-15

10.4 Minor Changes AG-16

10.5 Effect of Executed Change Order AG-16

10.6 Notice to Surety; Consent AG-16

ARTICLE XI; UNCOVERING AND CORRECTING WORK AG-16

11.1 Uncovering Work AG-16

11.2 Correcting Work AG-17

11.3 City May Accept Defective or Nonconforming Work AG-17

ARTICLE XII; CONTRACT DEFAULT AND TERMINATION AG-17

12.1 Termination by the Contractor AG-17

12.2 Termination by the City AG-17

12.3 Use of Third-Party Oversight or Construction Supervisor AG-19

ARTICLE XIII; INSURANCE AG-19

13.1 Contractor Shall Maintain Insurance AG-19

13.2 Types and Amounts of Contractor’s Insurance AG-19

13.3 Additional Insured AG-20

13.4 Written Notification AG-20

13.5 Premiums and Assessments; Subrogation AG-20

13.6 Certificate of Insurance AG-20

13.7 Primary Coverage AG-20

13.8 Worker’s Compensation Insurance Coverage AG-20

ARTICLE XIV; MISCELLANEOUS AG-21

14.1 Laws and Ordinances AG-21

14.2 Governing Law AG-21

14.3 Successors and Assigns AG-21

14.4 Surety Bonds AG-21

14.5 Force Majeure AG-22

14.6 Immunities; Defenses AG-22

14.7 No Rights in Third Parties AG-22

14.8 Severability AG-22

14.9 Amendments; No Waiver AG-22

14.10 Notices AG-22

14.11 Prohibitions AG-23

AG-1

City OF DESOTO, TEXAS

This Agreement is made by and between the City of DeSoto, Texas (hereinafter referred to as the "City") and _______________________________, (hereinafter referred to as the "Contractor") for construction of Westlake

Drive Pavement & Utility Replacement (hereinafter referred to as the "Project"), the City and the Contractor hereby agreeing as follows:

ARTICLE I

THE CONTRACT AND THE CONTRACT

DOCUMENTS

1.1 THE CONTRACT

1.1.1 The contract between the City and the

Contractor, of which this agreement (sometimes referred to herein as the “Contract”) is a part, consists of the Contract Documents. It shall be effective on the date this Agreement is executed by the last party to execute it.

1.2. THE CONTRACT DOCUMENTS

1.2.1 The Contract Documents consist of this

agreement, the General Conditions, the Special Conditions, the Invitation to Bid, Requirements and Instructions to Bidders, the Specifications, the Drawings, the Shop Drawings, the Project Manual, all Change Orders and Field Orders issued hereafter, the addenda, exhibits and attachments thereto, any other amendments hereto executed by the parties hereafter, together with the following (if any):

1.3 ENTIRE AGREEMENT

1.3.1 This Contract, together with the Contractor's

performance, and payment bonds for the Project, all General Conditions, Special Conditions, Plans and Specifications, and Addenda attached thereto, constitute the entire and exclusive agreement between the City and the Contractor with reference to the Project. Specifically, but without limitation, this Contract supersedes any bid documents and all prior written or oral communications, representations and negotiations, if any, between the City and Contractor not expressly made a part hereof.

1.4 NO PRIVITY WITH OTHERS

1.4.1 Nothing contained in this Contract shall

create, or be interpreted to create, privity or any other contractual agreement between the City and any person or entity other than the Contractor.

1.5 INTENT AND INTERPRETATION

1.5.1 The intent of this Contract is to require

complete, correct and timely execution of the Work.

Any Work that may be required, implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Contractor for the Contract Price.

1.5.2 This Contract is intended to be an integral

whole and shall be interpreted as internally consistent.

What is required by any one Contract Document shall be considered as required by the Contract.

1.5.3 When a word, term or phrase is used in this

Contract, it shall be interpreted or construed, first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage.

1.5.4 The word “City” includes the City and its

public officials, officers, employees, agents and employees. The word “Contractor” includes the Contractor and its officers, employees, agents and representatives. The word "include", "includes", or "including", as used in this subparagraph and in this Contract, shall be deemed to be followed by the phrase, "without limitation".

1.5.5 The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of this Contract shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of this Contract.

1.5.6 Words or terms used as nouns in this Contract

shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning.

1.5.7 The Contractor shall have a continuing duty

to read, carefully study and compare each of the

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Contract Documents, the Shop Drawings, the Product Data, and any Plans and Specifications, and shall give written notice to the City of any inconsistency, ambiguity, error or omission which the Contractor may discover with respect to these documents before proceeding with the affected Work. The issuance, or the express or implied approval by the City or the Engineer of the Contract Documents, Shop Drawings or Product Data, shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with this Contract. The City has requested the Engineer to only prepare documents for the Project, including the Drawings, Plans and Specifications for the Project, which are accurate, adequate, consistent, coordinated and sufficient for construction.

HOWEVER, THE City MAKES NO

REPRESENTATION OR WARRANTY OF ANY

NATURE WHATSOEVER TO THE

CONTRACTOR CONCERNING SUCH

DOCUMENTS. THE CONTRACTOR ASSUMES

ALL RISK OF ERRORS, AMBIGUITIES AND

INACCURACIES. By the execution hereof, the Contractor acknowledges and represents that it has received, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction, and that the Contractor has not, does not, and will not rely upon any representation or warranties by the City concerning such documents as no such representation or warranties have been or are hereby made. Further, the Contractor represents and warrants that it has had a sufficient opportunity to inspect the Project site and assumes any and all responsibility for inadequacies or ambiguities in the plans, drawings or specifications as well as for latent conditions of the site where the work is to be performed.

1.5.8 As between numbers and scaled

measurements on the Drawings and in the Design, the numbers shall govern, as between larger scale and smaller scale drawings, the larger scale shall govern.

1.5.9 Neither the organization of any of the

Contract Documents into divisions, sections, paragraphs, articles, (or other categories), nor the organization or arrangement of the Design, shall control the Contractor in dividing the Work or in establishing the extent or scope of the Work to be performed by Subcontractors.

1.6 OWNERSHIP OF CONTRACT DOCUMENTS

1.6.1 The Contract Documents, and each of them

individually and collectively, shall remain the property of the City. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project; provided, however, that in no event shall Contractor use, or permit to be used, any or all of such Contract Documents on other projects without the City's prior written authorization.

ARTICLE II

THE WORK

2.1 The Contractor shall perform all of the Work

required, implied or reasonably inferable from this Contract.

2.2 WORK

2.2.1 The term "Work" shall mean whatever is

done by or required of the Contractor to perform and complete its duties under this Contract, including the following: construction of the whole or a designated part of the Project; furnishing of any required surety bonds and insurance, and the provision or furnishing of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, permits and licenses required of the Contractor, power, water, fuel, heat, light, cooling and all other utilities as required by this Contract. The Work to be performed by the Contractor is generally described as follows:

Approximate quantities for Westlake Drive Pavement

& Utility Replacement include 13,364 square yards of concrete pavement and 3,522 linear feet of sanitary sewer replacement; and other miscellaneous improvements as shown on the plans and in accordance with the specifications.

2.2.2 The Contractor shall be responsible for

paying for and procuring all materials and labor and furnishing all services necessary or appropriate for the full performance of the Work and the for the full completion of the Project. All materials shall be new and materials and workmanship shall be of good quality. Upon request, the Contractor shall furnish

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satisfactory proof of the type, kind, and quality of materials.

ARTICLE III

CONTRACT TIME

3.1 SUBSTANTIAL COMPLETION

3.1.1 "Substantial Completion" shall mean that stage in the progression of the Work when the Work is sufficiently complete in accordance with this Contract that the City can enjoy beneficial use or occupancy of the Work and can utilize the Work for its intended purpose, even though minor miscellaneous work and/or adjustment may be required.

3.2 TIME

3.2.1 The Contractor shall commence the Work

within 10 days of receipt of a written Notice to Proceed, and shall achieve Substantial Completion of the Work no later than 150 calendar days from the date specified in the Notice to Proceed. The term “calendar days” shall mean any and all days of the week or month, no days being excepted. The number of calendar days from the date on which the Work is permitted to proceed, through the date set forth for Substantial Completion, shall constitute the Contract Time” and the “scheduled completion date.” The execution of this Contract by the Contractor constitutes an agreement that adequate time has been allotted for this Contract, given the Contract Price.

3.2.2 Work may proceed between 7:00 a.m. to 6:00

p.m. Monday Through Friday. Work on Sunday or legal holidays shall not be permitted except in cases of extreme emergency and then only with the written permission of the CITY MANAGERS OFFICE. Any work performed on Saturday must be approved by the City inspector by 9:00 a.m. on the Thursday prior to the proposed Saturday. However, work shall not occur on such days or at such times as, in the City’s or Engineer’s discretion, may be a violation of noise or environmental regulations or ordinances, or when the presence of workers, equipment or materials may create an abnormally hazardous condition.

3.2.3 The Contractor shall submit and comply with

construction schedules establishing completion timelines and deadlines for each component of the Project. Construction schedules shall be submitted to and approved by the Engineer and the City on a regular basis as required by the Contract Documents. If no reference is made to construction schedules in the Contract Documents, then construction schedules shall be submitted with each Application for Payment

3.3 TIME IS OF THE ESSENCE

3.3.1 The scheduled completion date is based on

public necessity. The scheduled completion date is factored into and is a material component of the Contract Price. All limitations of time set forth in the Contract Documents are of the essence of this Contract.

3.3.2 TIME IS OF THE ESSENCE IN THE

PERFORMANCE OF THE WORK AND THE

COMPLETION OF THE PROJECT ON OR

BEFORE THE SCHEDULED COMPLETION

DATE. THE SCHEDULED COMPLETION DATE

IS A DEADLINE. THE City EMPLOYS A ZERO-

TOLERANCE POLICY REGARDING THE TIME

FOR COMPLETION. The time for completion is an essential and material term of this Contract and the Contractor’s failure to achieve substantial completion on the date stated herein, to comply with work schedules, or achieve milestones in approved construction schedules, shall be a material breach and default of this Contract.

3.3.3 The City will assess liquidated damages for

late or untimely performance and may, at the City’s sole option, elect to allow Contractor to continue with the Work, or may declare Contractor to be in breach and default of the Contract and order Contractor to remove all equipment and personnel from the work site. All remedies for Contractor’s late performance shall be nonexclusive and cumulative without waiver of any other, and the City’s election of one shall not preclude the City from pursuing any other.

3.3.4 It is contemplated by the parties that the

progress of the Work may be delayed by certain conditions beyond the control of the parties; these delays have been contemplated by the parties and considered in the time allotted for performance specified herein and in the contract price and includes, but is not limited to delays occasioned on account of adverse weather, temporary unavailability of materials, shipment delays, and the presence and potential interference of other contractors or of utilities that may be performing work at the Project site unrelated to this Contract. These delays have been considered and included in the determination of the scheduled completion date and the Contract Price.

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3.4 LIQUIDATED DAMAGES; EARLY

COMPLETION BONUS

3.4.1 The Contractor shall pay the City the sum of

$__________ 500 per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the City, estimated at or before the time of executing this Contract. When the City reasonably believes that Substantial Completion will be inexcusably delayed, the City shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the City to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the City has withheld payment, the City shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages. If the Contractor has submitted a Statement of Delay with the appropriate Application for Payment as required by Subparagraph 5.2.3, and/or has complied with the notice and Change Order requirements of this Contract, the Engineer shall have sole discretion to determine whether a delay is excused or unexcused and the Engineer’s determination thereof shall be final and binding on the parties.

3.5 NO DAMAGES FOR DELAY; NO BACK-

CHARGES; DAMAGE WAIVER

3.5.1 No claim shall be made by the Contractor to

the City, and no damages, costs or extra compensation shall be allowed or paid by the City to the Contractor for any delay or hindrance from any cause in the progress or completion of the Work or this Contract.

The Contractor’s sole remedy in the event of any delay or hindrance, regardless of cause, shall be to request time extensions by written change orders as provided for hereinafter. The failure to seek or obtain a change order for time extension shall be deemed a waiver thereof and Contractor shall be regarded as having made a determination that the delay will not affect the completion of the Work. Should the Contractor be delayed by an act of the City, or should the City order a stoppage of the Work for sufficient cause unrelated to any act or omission of the Contractor, an extension of time shall be granted by the City by Change Order upon written application, which extension shall not be unreasonably denied, to compensate for the delay.

3.5.2 The City shall have the authority to suspend

the Work wholly or in part for such period or periods of time as it may deem appropriate due to unsuitable conditions considered unfavorable for the proper prosecution of the Work or for the failure of the Contractor to carry out instructions from the City or City’s representative. During any period in which the Work is stopped or during which any of the Work is not actively in progress for any reason, Contractor shall properly protect the site and the Work from damage, loss or harm. The Contractor shall not be compensated for periods of delay caused by a suspension of the work by the City. If work is suspended due to unsuitable conditions through no fault of the Contractor, an extension of time shall be granted by the City by Change Order upon written application, which extension shall not be unreasonably denied, to compensate for the delay.

3.5.3 The Contractor shall not have or assert any

claim against the City for damages or back-charges of any kind for any reason, including but not limited to claims for Extra Work, damages, economic loss, additional costs, unknown latent site conditions, and refusals by the City to grant extensions of time, unless supported and authorized by a written Change Order or separate agreement signed by all parties. The Contractor, in entering into this Contract, hereby waives, releases, quitclaims, discharges and holds harmless the City from and against any and all claims, damages, liabilities and losses, save and except those arising under Paragraph 12.1 of this Contract.

3.5.4 It is the City's intent to increase the pool of

qualified Minority and Women Business Enterprises, Historically Underutilized Businesses, and Disadvantaged Business Enterprises, to promote the long-term competitive capacity of such firms, and to ensure such firms have the full opportunity to compete for and participate in City contracts.

Professional or Contractor agrees to make a good-faith effort to allocate work to subconsultants or subcontractors which are Minority/Women Business Enterprise (M/WBE), Disadvantaged Business Enterprise (DBE) and/or Historically Underutilized Business (HUB) firms in accordance with Exhibit "B", HUB/MBE/WBE Participation Report. No changes to Exhibit "B" may be made unless approved in writing by City. While this Agreement is in effect, including any extension, City will require information from the Professional or Contractor and may conduct audits to assure compliance with meeting the participation goal set forth in Exhibit "B".

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With each request for payment for work performed, Professional or Contractor shall report HUB/MWBE/DBE participation compliance using a form template furnished by City.

Should Professional or Contractor propose the deletion of a HUB/MWBE/DBE subcontractor, the Professional or Contractor shall substitute a subconsultant or subcontractor of like classification and if Professional or Contractor is unable to substitute a subconsultant or subcontractor of like classification, Professional or Contractor shall provide City with documentation of its best efforts to acquire the services of a certified HUB/MWBE/DBE replacement firm.

In order to qualify as a certified HUB/MWBE/DBE, a subcontractor or subconsultant shall be certified by any of the following agencies:

• North Central Texas Regional Certification Agency (NCTRCA)

• Texas Department of Transportation

(TXDOT)

• City of Austin

• Corpus Christi Regional Transportation Authority (CCRTA)

• City of Houston

• South Central Texas Regional Certification Agency (SCTRCA)

• Texas Comptroller of Public Accounts Statewide HUB Program

Professional or Contractor shall promptly notify City if the percentage of plan participation declines or falls below the level of participation represented in Exhibit "B". Upon receipt of notification from Professional, City shall provide to Professional or Contractor a listing of other certified HUB/MWBE/DBE firms to meet the commitment goal.

ARTICLE IV

CONTRACT PRICE

4.1 THE CONTRACT PRICE

4.1.1 The City shall pay, and the Contractor shall

accept, as full and complete payment for all of the Work required herein, the fixed sum of

The sum set forth in this Paragraph 4.1 shall constitute the Contract Price which shall not be modified except by written Change Order as provided in this Contract, or the assessment of liquidated damages or the award of an early completion bonus.

ARTICLE V

PAYMENT OF THE CONTRACT PRICE

5.1 SCHEDULE OF VALUES

5.1.1 The Schedule of Values, submitted to and

accepted by the City and Engineer at the time of the Contractor’s bid, allocates the Contract Price to the various portions of the Work. The Contractor's Schedule of Values shall have been prepared, or at the City’s or Engineer’s request, shall be amended prior to the commencement of construction, in such form, with such detail, and supported by such data as the Engineer or the City may require to substantiate its accuracy.

The Contractor shall not imbalance its Schedule of Values nor artificially inflate any element thereof. The violation of this provision by the Contractor shall constitute a material breach of this Contract. The Schedule of Values shall be used only as a basis for the Contractor's Applications for Payment and shall only constitute such basis after it has been acknowledged and accepted in writing by the Engineer and the City.

5.2 PAYMENT PROCEDURE

5.2.1 The City shall pay the Contract Price to the

Contractor as provided below.

5.2.2 PROGRESS PAYMENTS - Based upon the

Contractor's Applications for Payment submitted to the Engineer and upon Certificates for Payment subsequently issued to the City by the Engineer, the City shall make progress payments to the Contractor on account of the Contract Price.

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5.2.3 APPLICATION FOR PAYMENT - On or before

the 25th day of each month after commencement of the Work, the Contractor shall submit an Application for Payment for the period ending the 15th day of the month to the Engineer in such form and manner, and with such supporting data and content, as the City or the Engineer may require. The Contractor may request payment for that portion of the Contract Price properly allocable to Contract requirements properly provided and to labor, materials and equipment properly incorporated in the Work, less retainage and less the total amount of previous payments received from the City. Such Application for Payment shall be signed by the Contractor and shall constitute the Contractor's representation that the Work has progressed to the level for which payment is requested in accordance with the Schedule of Values, that the Work has been properly installed or performed in full compliance with this Contract, and that the Contractor knows of no reason why payment should not be made as requested. Thereafter, the Engineer will review the Application for Payment and may also review the Work at the Project site or elsewhere to determine whether the quantity and quality of the Work is as represented in the Application for Payment and is as required by this Contract. The Engineer shall determine and certify to the City the amount properly owing to the Contractor. The City shall make partial payments on account of the Contract Price to the Contractor within thirty (30) days following the Engineer's receipt and approval of each Application for Payment. The amount of each partial payment shall be the amount certified for payment by the Engineer less such amounts, if any, otherwise owing by the Contractor to the City or which the City shall have the right to withhold as authorized by this Contract. The Engineer's certification of the Contractor's Application for Payment shall not preclude the City from the exercise of any of its rights as set forth in Paragraph

5.3 hereinbelow.

5.2.4 STATEMENT OF DELAY - Each Application for

Payment shall include a Statement of Delay showing the number of days lost due to inclement weather, conflicts with other City contractors, utilities, or design specifications, or other proper reasons. The failure to submit the Statement of Delay shall be a waiver of any claim for additional days or extensions of the scheduled completion date.

5.2.5 RETAINAGE - If the Contract Price set forth in

Subparagraph 4.1.1 exceeds $400,000, the City shall withhold retainage of ten (10) percent from each progress payment to secure performance of the Contract and shall deposit in an interest-bearing account that portion of the retainage withheld that exceeds five (5) percent of the progress payment. If a different percentage is set forth in the Invitation to Bid, then that percentage shall apply.

5.2.6 The Contractor warrants that title to all Work

covered by an Application for Payment will pass to the City when installed at the Project site, regardless of the time of payment. The Contractor further warrants that upon submittal of an Application for Payment, all Work for which payments have been received from the City shall be free and clear of liens, claims, security interest or other encumbrances in favor of the Contractor or any other person or entity whatsoever.

5.2.7 The Contractor shall promptly pay each

Subcontractor out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount to which such Subcontractor is entitled. In the event the City becomes informed that the Contractor has not paid a Subcontractor as herein provided, the City shall have the right, but not the duty, to issue future checks in payment to the Contractor of amounts otherwise due hereunder naming the Contractor and such Subcontractor as joint payees.