Site work and paving for a mixed-use development in Flower Mound, Texas. Completed plans call for site work for a road / highway; and for paving for a road / highway.

G&AI Project No. CPY19-0198 The quantities of work and materials set forth in the proposal form or on the plans approximately represent the work to be performed and materials to be furnished, and are for the purpose of comparing bids on a uniform basis. Payment shall be made to the Contractor only for the actual quantities of Work performed and materials furnished in accordance with the plans and specifications; and it is specifically understood and agreed that the quantities may be increased or decreased as hereinafter provided, without in any way invalidating the bid prices. Performance Bond A good and sufficient performance bond in an amount not less than one hundred percent (100%) of the total amount of the contract shall be filed with the General conditions and supplementary conditions Town in accordance with the in the Contract Documents. Payment Bond A good and sufficient payment bond in an amount not less than one hundred percent (100%) of the total amount of the contract, shall be filed with the Town in accordance with the General conditions and supplementary conditions in the Contract Documents. Maintenance Bond A good and sufficient maintenance bond in an amount not less than one hundred percent (100%) of the total amount of the contract for a period not less than two (2) years following the date of final acceptance, shall be filed with the Town in accordance with the General conditions and supplementary conditions in the Contract Documents. A Bid Bond in the form of a cashier's check, a certified check, or an acceptable bidder's bond made payable without conditions to the Town of Flower Mound, Texas in an amount of not less than five percent (5%) of the total amount of the bid submitted, must accompany each bid as a guarantee that if awarded the contract, the bidder will promptly enter into a contract and execute such bonds as are required and provide evidence of all required insurance coverage. All bidders security will be retained until a contract has been awarded and executed. The Town reserves the right to accept the bid which, in its judgment is the lowest responsible bid; to reject any or all bids; and to waive irregularities or informalities in any bid received, deemed to be in the best interest of the Town. Conditional or qualified bids will not be accepted. In case of ambiguity or lack of clarity in one or more prices listed in the bid proposal, the Town reserves the right to accept the most advantageous construction of the proposed price(s) to the Town or to reject the bid. No officer or employee of the Town shall have a financial interest, direct or indirect, in any contract with the Town of Flower Mound. No bid may be withdrawn, cancelled or rescinded within one hundred twenty (120) days after the Closing Time without prior written approval of the Purchasing Manager. Bidder bears full responsibility for ensuring the bid is delivered to the specified location by the Closing Time. The mere fact that a bid was dispatched will not be considered. Submissions received in the Purchasing Office after the Closing Time shall be returned unopened. Not less than the federally determined prevailing wage rate, as issued by the U.S. Department of Labor, must be paid on this project or the prevailing wages for Denton County, as published by The Associated General Contractors of Texas, whichever rate is higher. Notwithstanding the foregoing prevailing wage rates, Bidders shall base their bids on the wage rates they expect to pay, if in excess of those rates listed. The Town will not consider claims for extra payment on account of payment of wages higher than those required. Payments under this Contract are due and payable in accordance with the provisions of Texas Government Code Section 2251.022. Interest on unpaid and overdue amounts shall accrue in accordance with Texas Government Code Section 2251.025. Attention is called to the Government Code, Chapter 2258, Prevailing Wage Rates. Contractor and any subcontractor shall pay not less than the prevailing rates of per diem wages in the locality at the time of construction to all laborers, workmen, and mechanics employed by them in the execution of this Agreement. The Town has determined the general prevailing rate of per diem wages in the locality in which the public work is to be constructed by using the prevailing wage rates as determined by the United States Department of Labor in accordance with the Davis-Bacon Act as applicable to this Project. Contractor or a subcontractor who violates this provision shall be liable for the penalty specified in Texas Government Code Section 2258.023, which as of the date of this Agreement is $60 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. Town reserves the right to receive and review payroll records, payment records, and earnings statements of employees of Contractor, and of Contractor's Subcontractors, and of Sub-Subcontractors to verify payments made to same. However, no Claim for additional compensation shall be considered by Town because of payments of wage rates in excess of the applicable rate provided herein. The contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis-Bacon Wage Determination Denton County in Texas, by selecting the Construction Type. (Heavy, Highway, Building) The Bidder hereby agrees to commence work within ten (10) days after the date written Notice to Proceed shall have been given to him, and to Substantially Complete the Work within the above number of calendar days after the Effective Start Date as shown in the Notice to Proceed and accepts the One Thousand Dollars ($1,000.00) per day liquidated damages provision of the Construction Agreement, in the event of failure to timely obtain Substantial Completion within the specified time period as fair and just compensation to Town for the damages it suffers as a result of any such delays. Substantial Completion is defined in the General Conditions in this document. The Bidder agrees that the Work will reach Final Completion within the above number of calendar days after Effective Start Date as shown in the Notice to Proceed and accepts the Two Hundred Fifty Dollars ($250.00) per day liquidated damages provision of the Supplementary Conditions in the event of failure to reach Final Completion of the work within the specified time period as fair and just compensation to Town for the damages it suffers as a result of any such delays. NOW, THEREFORE, if the Principal's Proposal shall be rejected or, in the alternative, if the Principal's Proposal shall be accepted and the Principal shall execute and deliver a contract in the form of the Contract attached hereto (properly completed in accordance with said Proposal) and shall furnish performance, payment and maintenance bonds required by the Contract Documents for the Project and provide proof of all required insurance coverages for the Project and shall in all other respects perform the agreement created by the acceptance of said Proposal, then this obligation shall be void, otherwise the same shall remain in full force and affect; it being expressly understood and agreed that the liability of the Surety for any breach of condition hereunder shall be in the face amount of this bond and forfeited as a proper measure of liquidated damages. ensure timely completion of the Work. The Town may use retained funds to pay liquidated damages The Contractor understands and agrees that time is of the essence in performing and completing the Work. The Town and Contractor acknowledge that the actual damages the Town may sustain if the Contractor fails to complete the Work on time are uncertain and will be difficult to ascertain. The Contractor agrees that the sum of five One Thousand Dollars ($1,000.00) per day or portion of a day in Liquidated Damages will be deducted from the Contract price by the Town for each calendar day or portion thereof that the work is not substantially complete beyond the Substantially Complete Contract time, or within such extra time as may have been allowed by an extension approved by the Town. The Contractor also agrees that the sum of Two Hundred Fifty Dollars ($250.00) per day or portion of a day in Liquidated Damages for each calendar day or portion thereof the work has not been finally completed by the Contractor beyond the Contract time for final completion, or within such extra time as may have been allowed by an extension approved by the Town. The Town and the Contractor agree that this amount is payable as reasonable and just compensation for failure to complete the Work on time. This amount is payable as liquidated damages and not as a penalty. For the purpose of tracking time, issuing payment of retainage or bonuses and assessing liquidated damages, Final Completion shall be defined as the date upon which all items identified during the walk-through as being incomplete or not functioning as designed (the punch list) have been completed or corrected and the Contractor has requested final acceptance of the Project. This sum shall be considered and treated not as a penalty but as fixed, agreed and liquidated damages due the Town from the Contractor by reason of interference with business, inconvenience to the public, added cost of engineering, administration, inspection, maintenance of detours and temporary facilities, and other items which have caused or may cause an expenditure of funds resulting from Contractor's failure to complete the Work within the Contract Time. Neither by the act of taking over the Work nor by the annulment of the Agreement nor by requiring the surety to complete the Agreement shall the Town forfeit the right to recover liquidated damages from the Contractor or his surety for failure to complete the Agreement within the specified Contract Time. The right is reserved, as the interest of the Town may require, to reject any and all bids and to waive any informality in the bids received.