HomeMy WebLinkAboutRes 2023-06-1455 Awarding Construction Agreement with A&C Construction for Slayter Creek, Henry Clay Yank Washington, & Natural Springs Parks Improvements.CITY OF ANNA, TEXAS
RESOLUTION NO. ;Z023-06o— IL455
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONTRACT
AGREEMENT FOR THE CONSTRUCTION OF PARK IMPROVEMENTS AT
HENRY CLAY "YANK" WASHINGTON PARK, NATURAL SPRINGS PARK
AND SLAYTER CREEK PARK WITH A&C CONSTRUCTION.
WHEREAS, the City Council of the City of Anna, Texas, ("City Council") finds that the change
order with Kraftsman Play is instrumental and necessary to the construction of improvements at
Henry Clay "Yank" Washington Park, Natural Springs Park and Slayter Creek Park; and
WHEREAS, the City Council considers park improvements at Henry Clay "Yank" Washington
Park, Natural Springs Park and Slayter Creek Park to be beneficial to the neighbors of Anna,
Texas, meeting several goals and objectives set forth in the Strategic Plan adopted by City
Council; and
WHEREAS, the City Council approves the contract agreement with A&C Construction to include
the following fee:
"The total amount for fiscal years 2023 and 2024: $3,518,414."
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes as set forth in full.
Section 2. Approval and Authorization of Agreement.
The City Council hereby approves the extension attached hereto as Exhibit 1 to enter into a
construction agreement with A&C Construction and ratifies and approves the City Manager's
execution of the same. The City Manager is hereby authorized to execute all documents and to
take all other actions necessary to finalize and enforce the construction agreement A&C
Construction
PASSED, APPROVED, AND ADOPTED on first and final reading on this 13t' day of June, 2023.
ATTEST: APPROVED:
CONTRACT AGREEMENT
THIS M of Anna Parks Natural Springs Park: Small parking lot with lighting, erosion control,
irrigation & landscaping. Slayter Creek Park: Large parking lot expansion with lighting, address
drainage issues, nine pickleball courts and two full-size basketball courts; remove existing
gazebo. Henry Clay "Yank" Washington Park: A half -court basketball court, pedestrian
connection to a new trail around an existing playground, relocation of irrigation heads,
benches, and trash cans; additional site furniture and drinking fountains.
Contract (hereinafter this "Contract Agreement") entered into this day of ,
20 by and between the CITY OF ANNA TEXAS a Texas municipal corporation, ("City") and ABC
CONSTRUCTION, INC_located at 1400 Irving Blvd Ste 201, Irving, TX 75061 ("Contractor").
WIT NESSETH:
WHEREAS, the City wishes to contract for the project identified as City of Anna Parks
(Natural Springs Park, Slayter Creek Park, and Henry Clay "Yank" Washington Park (the
"Project"); and
WHEREAS, the Project shall include all work and activities necessary to complete the following
scope of work (hereinafter referenced as "Work"): City of Anna Parks (Natural Springs Park: Small
Parking lot with lighting, erosion control, irrigation & landscaping; Slayter Creek Park: Large
parking lot expansion with lighting, address drainage issues, nine pickleball courts and two full-
size basketball courts; remove existing gazebo; Henry Clay "Yank" Washington Park: A half -
court basketball court, pedestrian connection to a new trail around an existing playground,
relocation of irrigation heads, benches, and trash cans; additional site furniture and drinking
fountains) in accordance with the Contract Documents as that term is defined herein; and
WHEREAS, the Contractor has represented to the City that its personnel are qualified to
provide the Work required in this Contract Agreement in a professional, timely manner as time is of the
essence; and
WHEREAS, the City has relied upon the above representations by the Contractor, and
WHEREAS, the City's consultant has recommended that an agreement for aforesaid
construction be entered Into with the Contractor,
NOW, THEREFORE, for and in consideration of these premises, of the mutual covenants herein
set forth, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the parties hereto hereby agree as follows:
Section 1. DOCUMENTS INCORPORATED BY REFERENCE
This Contract Agreement includes the recitals set forth above and the following documents:
Invitation to Bid;
Notice to Bidders;
Qualification Statement of Bidders;
Qualification Statements of Personnel;
Qualification Statement of Bidder's Surety;
Vendors Compliance to State Law;
Conflicts of Interest Questionnaire;
Affidavit Against Prohibited Acts;
Proposal and Bid Form;
Request for Certificate of Exemption from Texas Limited Sales, Excise and Use Tax;
Contract Agreement;
Bidders Bond;
Performance Bond;
Payment Bond;
Maintenance Bond;
Certificate of Insurance;
Notice to Proceed;
Any executed Change Orders;
Supplementary General Provisions and Technical Specifications; and,
Plans, Specifications and Drawings and all other documents made available to bidder for his
inspection In accordance with Invitation to Bid,
all of which are hereby incorporated herein by reference, whether or not attached hereto, and made a
part hereof (hereinafter along with this Contract Agreement and referenced collectively as the
"Contract" or "Contract Documents"). Change Orders issued hereafter, Construction Change Directives,
a Direction for a Minor Modification In the Work issued by the City, and any other amendments
executed by the City and the Contractor, shall become and be a part of the Contract Documents.
Documents not Included or expressly contemplated in this Section 1 do not, and shall not, form any part
of the Contract. The Contract Documents are intended to be complementary, and a requirement in one
document shall be deemed to be required in all documents. However, in the event of any conflict
between any of the above -listed documents and this Contract Agreement, this Contract Agreement
shall control
Section 2. REPRESENTATIONS OF THE CONTRACTOR
In order to induce the City to execute the Contract and recognizing that the City is relying thereon, the
Contractor, by executing the Contract, makes the following express representations to the City:
2.01 The Contractor is fully qualified to act as the general contractor for the Project and has, and
shall maintain, any and all licenses, permits or other authorizations necessary to act as the
general contractor for, and to construct the Project;
2.02 The Contractor has become familiar with the Project site and the local conditions under which
the Project is to be constructed and operated;
2.03 The Contractor has received, reviewed and examined all of the documents which make up the
Contract, including, but not limited to all plans and specifications, and has found them to the
best of its knowledge, to be complete, accurate, adequate, consistent, coordinated and
sufficient for construction.
Section 3. INTENT AND INTERPRETATION
With respect to the intent and interpretation of the Contract, the City and the Contractor agree as
follows:
3.01 This Contract Agreement (along with its exhibits and other documents expressly referenced in
Section 1, above), together with the Contractor's and Surety's bid/proposal bond, performance
and payment bonds, and maintenance bonds for the Project constitute the entire and exclusive
agreements between the parties with reference to the Project, and said Contract supersedes
any and all prior discussions, communications, representations, understandings, negotiations,
or agreements.
3.02 Anything that may be required, implied or reasonably inferred by the documents which make up
the Contract, or any one or more of them, shall be provided by the Contractor with no increase
to the Contract Price;
3.03 Nothing contained in the Contract shall create, nor be interpreted to create, privity or any other
relationship whatsoever between the City and any person except the Contractor;
3.04 When a word, term, or phrase is used in the 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;
3.06 Wherever the Contract calls for "strict' compliance or conformance with the Contract Documents
as to matters —other than compliance with time limits, providing an updated schedule, and claim
and change order procedures --the term shall mean within tolerances as described specifically
in the Contract Documents, or if not specifically described, within industry standards and
tolerances for deviation for the specific item or procedure in question;
3.06 The words "include", "includes", or "including", as used in the Contract, shall be deemed to be
followed by the phrase, "without limitation;"
3.07 The listing herein of any items as constituting a material breach of the Contract shall not imply
that any other, non -listed item will not constitute a material breach of the Contract;
3.08 The Contractor shall have a continuing duty to read, examine, review, compare and contrast
each of the documents which make up the Contract, shop drawings, and other submittals and
shall give written notice to the City of any conflict, ambiguity, error or omission which the
Contractor may find with respect to these documents, before proceeding with the associated
part of the Work. The express or implied approval by the City or its designee of any shop
drawings or other submittals shall not relieve the Contractor of the continuing duties imposed
hereby, nor shall any such approval be evidence of the Contractor's compliance with the
Contract. If the Contractor performs any activity knowing it involves an error, inconsistency or
omission which was recognized, obvious, or reasonably should have been recognized, without
such notice to the City, the Contractor shall assume responsibility for such performance and
shall bear the costs for correction;
3.09 In the event of any conflict, discrepancy, or inconsistency among any of the documents which
make up the Contract, the following shall control:
(1 j as between this Contract Agreement and any other document, this document shall
govern; or,
(2) in the case of any conflict, discrepancy or inconsistency among any of the other Contract
Documents, and such conflict is not resolved by reference to the Supplementary General
Provisions and Technical Specifications, then the Contractor shall notify the City
immediately upon discovery of same for resolution.
Section 4. CONTRACTOR'S PERFORMANCE
The Contractor shall perform all of the Work required, implied or reasonably inferable from the Contract
including, but not limited to, the following:
4.01 The Contractor will complete the entire Work described in the Contract Documents, except as
specifically identified therein as the work of other parties or expressly excluded by specific
reference, in accordance with the terms herein.
4.02 The furnishing of any and all required surety bonds and insurance certificate(s) and
endorsement(s);
4.03 The provision or furnishing, and prompt payment therefor, of labor, supervision, services,
materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage,
disposal, power, fuel, heat, light, cooling, or other utilities, required for construction and all
necessary building permits and other permits or licenses required for the construction of the
Project;
4.04 The creation and maintenance of a detailed and comprehensive copy of the drawings,
specifications, addenda, change orders and other modifications depicting all as -built
construction. Said items shall be submitted to the City, along with other required submittals
upon Completion of the Project, and receipt of same by the City shall be a condition precedent
to final payment to the Contractor. The Contractor shall prepare and submit final as -built
drawings to the City.
Section 5. TIME FOR CONTRACTOR'S PERFORMANCE; DELAYS
5.01 The Contractor shall commence the performance of the Contract on the date set forth in the
Notice to Proceed issued by the City Manager or the City Manager's designee and shall
diligently continue its performance to and until Completion of the Project. The Contractor shall
accomplish Substantial Completion has defined herein below) of the Project not more
than 180 calendar days following the Issuance of the Notice to Proceed, (sometimes
hereinafter referred to as the "Contract Time"). This Contract Time includes 30 inclement
weather days. By signing the Contract, the Contractor agrees that the Contract Time is a
reasonable time for accomplishing Completion of the Project and completion of the Project
within the Contract Time is of the essence.
5.02 For each and every calendar day of unexcused delay in achieving Substantial Completion
beyond the date set forth herein for Substantial Completion, the Contractor shall pay the City
the sum $500 per day (or said per -day sum shall be deducted from the monies due the
Contractor) as set forth in the following schedule:
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 the time of executing the 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 over and above what ultimately came due as liquidated damages;
5.03 The term "Substantial Completion", as used herein, shall mean the point at which, as certified in
writing by the City's consulting architect/engineer or other appropriate independent contractor or
representative and approved by the City, the Project is at a level of completion in strict
compliance with the Contract such that the City or its designee can enjoy beneficial use or
occupancy and can legally occupy, use or operate it in all respects, for its intended purpose.
Partial use or occupancy of the Project shall not result in the Project being deemed substantially
complete, and such partial use or occupancy shall not be evidence of Substantial Completion.
5.04 All limitations of time set forth herein are material and are of the essence of the Contract.
5.05 Contractor agrees to punctually and diligently perform all parts of the Work at the time
scheduled in this Contract Agreement. In this connection, Contractor agrees that it will keep
itself continually informed of the progress of the job and will, upon its own initiative, confer with
the City to plan its Work in coordinated sequence with the work of the City, if any, and of others
and so as to be able to expeditiously undertake and perform its work at the time most beneficial
to the entire Project. The Contractor will be liable for any loss, costs, or damages sustained by
the City for delays in performing the Work hereunder, other than for excusable delays, as set
forth in 5.06 below, for which Contractor may be granted a reasonable extension of time.
6.06 If the Contractor is delayed at any time in the progress of the Work by any separate contractor
employed by the City, or by changes in the Work, or by labor disputes, fire, unusual delay in
transportation, unusually severe weather conditions, unavoidable casualties, delays specifically
authorized by the City, or by causes beyond the Contractor's control, avoidance, or mitigation,
and without the fault or negligence of the Contractor and/or subcontractor or supplier at any tier,
then the contract time shall be extended by Change Order for such reasonable time, if any, as
the City may determine that such event has delayed the progress of the Work, or overall
completion of the Work if the Contractor complies with the notice and documentation
requirements set forth below.
(1 } If the Contractor is delayed, obstructed, hindered or interrupted for a period of time
exceeding seven calendar days by any act or neglect of the City, an adjustment shall be
made for any increase in the direct cost of performance of this contract (excluding profit,
extended home office overhead, incidental or consequential damages or disruption
damages) and the Contract modified in writing accordingly. The Contractor must assert
its right under this section by giving written notice to the City Manager within10 calendar
days of the beginning of a delay, obstruction, hindrance or interruption by the City. No
adjustment shall be made for any delay, obstruction, hindrance or interruption after final
payment under this contract or to the extent that performance would have been so
delayed, obstructed, hindered or interrupted by any other cause, including, but not
limited to concurrent cause or fault or negligence of the Contractor, or for which an
equitable adjustment is provided for or excluded under any other term or condition of this
contract. The direct costs described above shall be limited to those direct costs
attributable solely to this project and shall be subject to documentation and verification of
costs as required by the City. If unit prices are established in the Contract Documents or
subsequently agreed upon, they shall form the basis for cost calculations under any
claims for delay.
(2) Any claim for extension of time shall be made in writing to the City, not more than 10
calendar days from the beginning of the delay. The notice shall indicate the cause of
delay upon the progress of Work. If the cause of the delay is continuing, the Contractor
must give such written notice every 10 calendar days. Within 10 calendar days after the
elimination of any such delay, the Contractor shall submit further documentation of the
delay and a formal Change Order request for an extension of time for such delay.
(3) The written request for a time extension shall state the cause of the delay, the number of
calendar days extension requested, and such analysis and other documentation as is
reasonably requested by the City to demonstrate a delay in the progress of the Work or
the overall project completion. If the Contractor does not comply with the above notice
and documentation requirements, the claim for the delay shall be waived by the
Contractor. The above notice and documentation requirements shall also be a condition
precedent to the Contractor's entitlement to any extension of time.
(4) Extensions of time will be the contractor's primary remedy for any and all delays,
obstructions, hindrances, or interference. Payment or compensation, for direct costs only
(as set forth above), may be made to the Contractor for hindrances or delays solely
caused by the City if such delays or hindrances are within the City's ability to control and
are not partially caused by the Contractor or any of its agents, subcontractors or others
for whom it is responsible. No payment or compensation will be made for interference,
obstructions, hindrances or delays which are not solely caused by the City and which the
City fails to cure after a reasonable period after written notice.
(5) Without limitation, the City's exercise of its rights under provisions related to changes to
the Work, regardless of the extent or number of such changes, or the City's exercise of
any of its remedies or any requirement to correct or re -execute defective Work, shall not
under any circumstances be construed as delays, hindrances or interference
compensable further than as described herein.
Section 6. FIXED PRICE AND CONTRACT PAYMENTS
6.01 The City shall pay, and the Contractor shall accept, as full and complete payment for the
Contractor's timely performance of its obligations hereunder the fixed price of $3,268,414 which
includes both additive alternates. The price set forth in this Section 6.01 shall constitute the
Contract Price, which shall not be modified except by Change Order or adjustment pursuant to
approved unit prices, if any, as provided in the Contract.
6.02 A general allowance of $250,000 shall be included in the Contract in addition to the fixed price
set forth in Section 6.01. The allowance shall not be used to cover unanticipated or incorrectly
bid items in the Work by the Contractor. The funds in the allowance shall be utilized for
changes in scope of Work, at the sole discretion of the City, upon arriving at an agreed upon
price with the Contractor.
6.03 The City shall pay the Contract Price to the Contractor in accordance with the procedures set
forth in this Section 6 and as set forth here:
On or before the 10t' calendar day of each month after commencement of performance, but no more
frequently than once monthly, the Contractor may submit a payment request for the period ending the
last calendar day of the previous
(1 } month (the "Payment Request"). Said Payment Request shall be in such format and
include whatever supporting information as may be required by the City. Therein, the
Contractor may request payment for 90% of that part of the Contract Price allocable to
Contract requirements properly provided, labor, materials and equipment properly
incorporated in the Project, and materials or -equipment necessary for the Project and
properly stored at the Project site (or elsewhere if offske storage is approved in writing
by the City), less the total amount of previous payments received from the City. Payment
for materials stored offslte shall be at the discretion of the City and if approved, the
Contractor shall provide appropriate documentation to substantiate materials are stored
in a bonded warehouse or facility, title or other proof of ownership has been transferred
to the City, and that materials have been purchased and paid for by the Contractor
(copies of paid invoices must be submitted to the City with payment request). Risk of
loss shall be borne by, and insurance must be provided by the Contractor while in
storage, transit and use during construction. At 75% completion of the Contract, by dollar
value, and at the option of the City, retainage may be reduced to 5% plus an additional
amount as detailed in Section 6.06 below for any part of the Work that is defective or
non -conforming and in Section 6.02 above for anticipated liquidated damages.
(2) Amounts reflected in Change Orders may be included in Payment Requests to the
extent they are not in dispute and subject to final approval of cost to the City for such
changes in the work.
(3) Each Payment Request shall be signed by the Contractor and shall constitute the
Contractor's representation that the quantity of Work has reached the level for which
payment is requested, that the Work has been properly installed or performed in strict
compliance with the Contract, and that the Contractor knows of no reason why payment
should not be made as requested.
(4) Thereafter, the City shall review the Payment Request 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 Payment Request and Is as required by the Contract. The amount
of each such payment shall be the amount approved for payment by the City 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 the Contract, subject to approval by the City.
Approval of the Contractor's Payment Requests shall not preclude the City from the
exercise of any of its rights as set forth in Section 6.06 herein below.
The submission by the Contractor of a Payment Request also constitutes an affirmative representation
and warranty that all work for which the City has previously paid is free and dear of any lien, claim, or
other encumbrance of any person whatsoever. As a condition precedent to payment, the Contractor
shall, if required by the City, also furnish to the City properly executed waivers of lien or claim, in a form
acceptable to the City, from all subcontractors, materialmen, suppliers or others having lien or claim
rights, wherein said subcontractors, materialmen, suppliers or others having lien or claim rights, shall
acknowledge
(5) receipt of all sums due pursuant to all prior Payment Requests and waive and relinquish
any liens, lien rights or other claims relating to the Project site. Furthermore, the
Contractor warrants and represents that, upon payment of the Payment Request
submitted, title to all work included in such payment shall be vested in the City.
6.04 When payment is received from the City, the Contractor shall within seven calendar days pay all
subcontractors, material men, laborers and suppliers the amounts they are due for the work
covered by such payment. In the event the City becomes informed that the Contractor has not
paid a subcontractor, material man, laborer, or supplier as provided herein, the City shall have
the right, but not the duty, to issue future checks and payment to the Contractor of amounts
otherwise due hereunder naming the Contractor and any such subcontractor, material man,
laborer, or supplier as joint payees. The City shall notify the Contractor of its intent to implement
such a procedure and will give the Contractor a reasonable period to cure any such failure prior
to implementing the procedure. Such joint -check procedure, if employed by the City, shall create
no rights in favor of any person or entity beyond the right of the named payees to payment of
the check as a co -payee and shall not be deemed to commit the City to repeat the procedure in
the future.
6.05 Neither payment to the Contractor, full or partial utilization of the Project for any purpose by the
City, nor any other act or omission by the City shall be interpreted or construed as an
acceptance of any work of the Contractor not strictly in compliance with the Contract;
6.06 After written notice to the Contractor and a reasonable opportunity to cure, the City shall have
the right to refuse to make payment, in whole or in part, and, if necessary, may demand the
return of a portion or all the amount previously paid to the Contractor due to:
(1) The quality of a portion, or all, of the Contractor's work not being in accordance with the
requirements of the Contract;
(2) The quantity of the Contractor's work not being as represented in the Contractor's
Payment Request, or otherwise;
(3) The Contractor's rate of progress being such that, in the opinion of the City, Substantial
Completion may be inexcusably delayed;
(4) The Contractor's failure to use Contract funds, previously paid the Contractor by the City,
to pay Contractor's Project -related obligations including, but not limited to,
subcontractors, laborers and material and equipment suppliers;
(5) Claims made, or likely to be made, against the City or its property for which the
Contractor or its agents or subcontractors or others for whom it is responsible are, or
reasonably appear to be at fault;
(6) Loss caused by the Contractor;
(7) The Contractor's failure or refusal to perform any of its obligations to the City, after
written notice and a reasonable opportunity to cure as set forth above.
In the event that the City makes written demand upon the Contractor for amounts previously
paid by the City as contemplated in this Section 6.05, the Contractor shall promptly comply with
such demand. The City's rights hereunder survive the term of this Contract Agreement, are not
waived by final payment and/or acceptance and are in addition to Contractor's obligations
elsewhere herein.
6.07 When the Contractor believes that Substantial Completion has been achieved, the Contractor
shall notify the City in writing and shall furnish a listing of those matters, if any, yet to be
finished. The City will thereupon conduct a site review to confirm that the Project is in fact
substantially complete. If the City, through its review, finds that the Contractor's work is not
substantially complete, and is required to repeat all, or any portion, of such review, the
Contractor shall bear the cost of such repeat site review(s), which cost may be deducted by the
City from any payment then or thereafter due to the Contractor. Guarantees and equipment
warranties required by the Contract shall commence on the date of Substantial Completion.
Upon Substantial Completion, the City shall pay the Contractor an amount sufficient to increase
total payments to the Contractor to 100% of the Contract Price less any amounts attributable to
damages, and less 160% of the costs, as reasonably determined by the City, incurred for the
City to complete any incomplete work, correcting and bringing into conformance all defective
and nonconforming work, and handling any outstanding or threatened claims. Such a
calculation by the City of costs for completing all incomplete work, correcting and bringing into
conformance all defective and nonconforming work, and handling any outstanding or threatened
claims shall not bar the City from exercising its stated rights elsewhere in the Contract, or
otherwise as provided by law for any Incomplete, defective or nonconforming work or claims that
are discovered by the City after the date of making such calculation or after the date of any
partial or final payment, whether or not such incomplete, defective or nonconforming work or
claims were obvious or should have been discovered earlier.
6.08 When the Project is finally complete and the Contractor is ready for a final review, it shall notify
the City thereof in writing. Thereupon, the City will perform a final site review of the Project. If
the City concurs that the Project is complete in full accordance with the Contract and that the
Contractor has performed all of its obligations to the City hereunder, the Contractor will furnish a
final Approval for Payment to the City certifying to the City that the Project is complete and the
Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld
pursuant to the Contract. If the City is unable to issue its final Approval for Payment and is
required to repeat its final review of the Project, the Contractor shall bear the cost of such repeat
review(s), which costs may be deducted by the City from the Contractor's final payment;
6.09 The City will not participate in a final review inspection until all as -built drawings have been
received from the Contractor and all associated subcontractors;
6.10 The City shall, subject to its rights set forth in Section 6.06 above and elsewhere in the
Contract, endeavor to make final payment of all sums due the Contractor within 30 calendar
days of the final Approval for Payment, with the exception of items in dispute or concerning
which the City has exercised any of its rights to investigate or remove.
10
Section 7. INFORMATION AND MATERIAL SUPPLIED BY THE CITY
7.01 The City has furnished to the Contractor, prior to the execution of this Contract Agreement, all
written and, tangible material in its possession relevant to the conditions at the site of the
Project. Such written and tangible material has been furnished to the Contractor only in order to
make complete disclosure of such material as being in the possession of the City and for no
other purpose. By furnishing such material, the City does not represent, warrant, or guarantee
its accuracy either in whole, in part, implicitly or explicitly, or at all;
7.02 Differing site conditions. The Contractor shall promptly, and before such conditions are
disturbed, notify the City in writing of. (1) subsurface or latent physical conditions at the site
differing materially from those indicated in the contract, or (2) unknown physical conditions at
the site, of an unusual nature, differing materially from those ordinarily encountered and
generally recognized as inhering in work of the character provided for in this contract. The City
shall investigate the conditions, and if it finds that such conditions do materially so differ and
cause an increase or decrease in the Contractor's cost of, or the time required for, performance
of any part of the Work under the Contract, whether or not changed as a result of such
conditions, an adjustment shall be made, through negotiation and mutual agreement, and the
contract modified in writing accordingly.
Section 8. CEASE AND DESIST ORDER/OWNER'S RIGHT TO PERFORM WORK
8.01 In the event the Contractor fails or refuses to perform the Work, or any separable part thereof,
as required herein, or with the diligence that will ensure its proper, timely completion in
accordance with the contract documents, the City may instruct the Contractor, by written notice,
to cease and desist further Work, in whole or in part, or to correct deficient Work. Upon receipt
of such instruction, the Contractor shall immediately cease and desist, or proceed, as instructed
by the City. In the event the City issues such instructions to cease and desist, the Contractor
must, within seven calendar days of receipt of the City's instructions, provide a written, verged
plan to eliminate or correct the cause of the City's order, which plan appears to the City to be
reasonable, attainable and in good faith. In the event that the Contractor fails and/or refuses to
provide such a plan or diligently execute an approved plan, then the City shall have the right,
but not the obligation, to carry out the Work, or any portion thereof, with its own forces, or with
the forces of another contractor, and the Contractor shall be fully responsible and liable for the
costs of the City performing such work, which costs may be withheld from amounts due to the
Contractor from the City. The rights set forth herein are in addition to, and without prejudice to,
any other rights or remedies the City may have against the Contractor. If Work completed by the
City or other contractor affects, relates to, is to be attached onto or extended by later Work of
the Contractor, the Contractor shall, prior to proceeding with the later Work, and to the extent
visible, report any apparent defects or variance from the Contract requirements which would
render the Contractor's later Work not in compliance with the Contract requirements or defective
or not in compliance with warranties or other obligations of the Contractor hereunder,
8.02 The provisions of this section shall be in addition to the City's ability to remove portions of the
Work from the Contract and complete it separately.
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Section 9. CONTRACTOR'S DUTIES, OBLIGATIONS AND RESPONSIBILITIES
In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in the
Contract Documents, the Contractor shall have and perform the following duties, obligations and
responsibilities to the City:
9.01 Reference is hereby made to the continuing duties set forth in Section 3.08 above, which are by
reference hereby incorporated in this Section 9.01. The Contractor shall not perform work
without adequate plans and specifications, or without, as appropriate, approved shop drawings,
or other submittals. If the Contractor performs work knowing or believing, or if through exercise
of reasonable diligence, it should have known that such work involves an error, inconsistency or
omission in the Contract without first providing written notice to the City, the Contractor shall be
responsible for such work and shall correct same bearing the costs set forth in Section 3.08
above;
9.02 All work shall strictly conform to the requirements of the Contract. To that end, the Contractor
shall be solely responsible for and have control over construction means, methods, techniques,
sequences and procedures and for coordinating all portions of the Work, unless otherwise
specified in the Contract Documents;
9.03 The work shall be strictly supervised, the Contractor bearing full responsibility for any and all
acts, errors or omissions of those engaged in the work on behalf of the Contractor, including,
but not limited to, all subcontractors and their employees. The Contractor shall maintain an on -
site superintendent while any portion of the Work is being performed. The Contractor shall
operate exclusively in the capacity of the City's independent contractor as to all work it performs
under the Contract, and not as an agent, employee, or representative of the City;
9.04 The Contractor hereby warrants that all laborers furnished under the Contract shall be qualified
and competent to perform the tasks undertaken, that the product of such labor shall yield only
first-class results, that all materials and equipment provided shall be new (unless otherwise
specified) and of high quality, that the completed work will be complete, of high quality, without
defects, and that all work strictly complies with the requirements of the Contract. Any work not
strictly complying with the requirements of this the Contract shall constitute a breach of the
Contractor's warranty;
9.05 The Contractor will be responsible for acquiring all required permits) --except as specifically
stated in Section 22.01 below --,and calling for all required or routine inspections. The
Contractor will cooperate with and abide by the decision of inspectors having jurisdiction.
Should the Contractor have a dispute with any inspector or entity having jurisdiction, the
Contractor shall promptly notify the City Manager or the City Manager's designee. The
Contractor shall comply with all legal requirements applicable to the work;
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9.06 The Contractor shall employ and maintain at the Project site only competent, qualified full time
supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are
as follows:
NAME
Joey Hamm
Michael Hampton
David Stanfield
Miki Stanfield
FUNCTION
Site Superintendent
Concrete Foreman
Project Manager
PM Assistant
If at any time the City reasonably determines that any employee of the Contractor
Is not properly performing the Work In the best interest of the City or the Project,
or is hindering the progress of the work, or is otherwise objectionable, the City
shall so notify the Contractor, which shall replace the employee as soon as
possible, at no increased cost to the City.
9.07 The Contractor must submit to the City the Contractor's schedule for completing the work prior
to submittal of the first application for payment. The City will not review any payment request
until such schedule has been submitted and approved. Such schedule shall be in a form as
specified in the Contract or which shall have been approved by the City Manager or the City
Manager's designee, and which shall provide for expeditious and practicable construction of the
Project. The Contractor's schedule shall be updated no less frequently than monthly (unless the
parties otherwise agree in writing) and shall be updated to reflect conditions encountered from
time to time and shall apply to the total project. Each such revision shall be furnished to the City.
Strict compliance with the requirements of this Section 9.07 shall be a condition precedent to
payment to the Contractor, and failure by the Contractor to strictly comply with said
requirements shall constitute a material breach of the Contract;
9.08 The Contractor shall keep an updated copy of the Contract Documents at the site. Additionally,
the Contractor shall keep a copy of approved shop drawings and other submittals. All of these
items shall be available to the City during all regular business hours;
9.09 Shop drawings and other such submittals from the Contractor do not constitute a part of the
Contract. The Contractor shall not do any work requiring shop drawings or other submittals
unless such shall have been approved in writing by the City or as required by the Contract
Documents. All work requiring approved shop drawings or other submittals shall be done in
strict compliance with such approved documents or Contract requirements. However, approval
by the City shall not be evidence that worts installed pursuant thereto conforms with the
requirements of the Contract and shall not relieve the Contractor of responsibility for deviations
from the Contract unless the City has been specifically informed of the deviation by a writing
incorporated in the submittals and has approved the deviation in writing.
The delivery of submittals shall constitute a representation by the Contractor that it has verified
that the submittals meet the requirements of the Contract, or will do so, including field
measurements, materials and field construction criteria related thereto.
The City shall have no duty to review partial submittals or incomplete submittals. The Contractor
shall have the duty to carefully review, inspect, examine and physically stamp and sign any and
all submittals before submission of same to the City;
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9.10 The Contractor shall maintain the Project site and adjacent areas affected by its work and/or the
acts of its employees, materialmen and subcontractors in a reasonably clean condition during
performance of the work. Upon substantial completion, the Contractor shall thoroughly clean the
Project site of all debris, trash and excess materials or equipment. If the Contractor fails to do
so, the City may complete the cleanup, by its own forces or by separate contract, and shall be
entitled to charge the Contractor for same through the collection or withholding of funds through
the mechanisms provided elsewhere in this Contract Agreement;
9.11 At all times relevant to the Contract, the Contractor shall permit the City and its consultants to
enter upon the Project site and any offske lay down areas, safety permitting, and to review or
inspect the work and any materials on any such site, without formality or other procedure;
9.12 The Contractor recognizes that the City may enter into other contracts to perform work relating
to the Project, or to complete portions of the Work itself. The Contractor shall ensure that its
forces reasonably accommodate the forces of the City and other contractors hired by the City.
The Contractor shall coordinate its schedule with the work of other contractors. If the Contractor
claims that delay or damage results from these actions of the City, it shall promptly submit a
claim as provided herein;
9.13 Protection of persons and property.
(1) It shall be the responsibility of the Contractor to initiate, continue and supervise all safety
programs and precautions in the performance of the terms of the Contract. The
Contractor shall take reasonable precautions for the safety of, and shall provide
reasonable protection to prevent damage, injury or loss to its employees, subcontractors'
employees, employees of the City and members of the public, the Work itself and
unassembled components thereof, and other property at the site or adjacent thereto. As
part of the Contractor's obligations hereunder, the Contractor shall erect and maintain all
necessary and prudent safeguards, barriers, signs, warnings, etc.;
(2) With notice to the City, the Contractor shall promptly remedy loss or damage to the Work
or any person or property described herein caused in whole or in part by the acts of the
Contractor or any subcontractor, sub -subcontractor or materialman. This obligation shall
be in addition to the requirements of Section 10 herein. The City may direct the
Contractor to remedy known violations of applicable laws, rules, regulations, and
interpretations related to safety when and if observed on the site. However, through
exercising this authority the City shall not incur any obligations to monitor, initiate,
continue, or supervise safety programs and precautions such to diminish the
Contractor's primary role in same. The City shall have the right to report suspected
safety violations to the Occupational Safety and Health Administration (OSHA) or other
appropriate authorities;
(3) The Contractor shall promptly notify the City upon discovery of any unidentified material
which Contractor reasonably believes to be asbestos, lead, PCB, or other hazardous
material, and shall immediately stop work in the affected area of the Project. The
Contractor shall not be responsible for removal or other work with regard to such
hazardous material unless otherwise agreed between the City and the Contractor. In the
case of work stopped due to the discovery of hazardous materials, Section 6 shall apply
to claims for delay, hindrance or interference. Work will resume in the affected area of
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the Project immediately after such time as the hazardous material has been removed or
rendered harmless, as certified by an industrial hygienist to be engaged by the City;
9.14 The Contractor warrants to the Owner that materials and equipment furnished under the
Contract are of good quality and new unless otherwise required or permitted under the Contract
Documents, that the Work will be free from defects not inherent in the quality required or
permitted, and that the Work will conform to the requirements of the Contract Documents. Work
not conforming to these requirements, including substitutions not properly approved and
authorized, may be considered defective. The Contractor's warranty excludes remedy for
damage or defect caused by abuse, modifications not executed by the Contractor, improper or
insufficient maintenance, improper operation, or normal wear and tear and normal usage. If
required by the Owner, the Contractor shall furnish satisfactory evidence as to the kind and
quality of materials and equipment.
Section 10. INDEMNITY
Except for expenses or liabilities arising from the nealiaence of the City, the Contractor hereby
expressly agrees to Indemnify and hold the City harmless against any and all expenses and
liabilities arising out of the performance or default of the Contract as follows:
10.01 Contractor shall indemnify, and hold harmless, to the maximum extent permitted by law.
City and Its officers, agents, employees, and consultants from and against any and all
liability, damages, losses, (whether in contract or in tort, includina personal iniury,
accidental death or property damage, and regardless, of whether the allegations are
false, fraudulent or groundless), and costs (including reasonable attorney's fees,
litigation, arbitration, mediation, appeal expenses incurred in any matter, includina a
proceeding to enforce this Section 10) which in whole or in part are caused by the
nealiaence, recklessness or intentional wronaful misconduct of the Contractor and
Persons employed by or utilized by the Contractor in Contractor's performance of this
Contract Agreement:
10.02 Contractor's obligation to indemnify, defend and hold harmless shall remain in effect and
shall be bindina upon Contractor whether such iniury or damage shall accrue, or may be
discovered, before or after termination of the Contract:
10.03 Contractor's failure to comply with this section's provisions shall constitute a material
breach upon which City may immediately terminate or suspend this Contract Agreement.
Section 11. CLAIMS BY THE CONTRACTOR
Claims by the Contractor against the City, other than for time extensions covered by Section 6
hereof, are subject to the following terms and conditions:
11.01 All Contractor claims against the City shall be initiated by a written claim submitted to the City.
Notice of such claim shall be received by the City no later than either 10 calendar days after the
event, or 10 calendar days after the first appearance of the circumstances causing the claim,
whichever is sooner, and same shall set forth in detail all known facts and circumstances
supporting the claim. Final costs associated with any claim upon which notice has been filed
must be submitted in writing to the City within 30 calendar days after notice has been received;
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11.02 The Contractor and the City shall continue their performance hereunder regardless of the
existence of any claims submitted by the Contractor including claims set forth in Section 6
hereof,
11.03 In the event the Contractor discovers previously concealed and unknown site conditions which
are materially at variance from those typically and ordinarily encountered in the general
geographical location of the Project, the Contract Price may, with the approval of the City, be
modified, either upward or downward, upon the written notice of claim made by either party
within 10 calendar days after the first appearance to such party of the circumstances. Final
costs must be submitted within 30 calendar days after such notice is received by the City,
unless extended by written agreement of the panes. As a condition precedent to the City having
any liability to the Contractor due to concealed and unknown conditions, the Contractor must
give the City written notice of, and an opportunity to observe, such condition prior to disturbing
it. The failure by the Contractor to give the written notice and make the claim as provided by this
Section 11.03 and as required elsewhere under the Contract shall constitute a waiver by the
Contractor of any rights arising out of or relating to such concealed and unknown condition;
11.04 In the event the Contractor seeks to make a claim for an increase in the Contract Price, as a
condition precedent to any liability of the City therefor, unless emergency conditions exist, the
Contractor shall strictly comply with the requirements of Section 11.01 above and such claim
shall be made by the Contractor before proceeding to execute any work for which a claim is
made. Failure to comply with this condition precedent shall constitute a waiver by the Contractor
of any claim for additional compensation;
11.05 In connection with any claim by the Contractor against the City that would result in
compensation in excess of the Contract Price, any liability of the City for the Contractor's cost in
this regard shall be limited to those cost categories set forth in Section 13.07 below.
Section 12. SUBCONTRACTORS
12.01 Prior to execution of the Contract, the Contractor shall have identified to the City in writing,
those parties required to be listed on the proposal form as subcontractors on the Project. Any
changes to this list at any time shall be subject to the prior approval of the City. The City shall, in
writing, state any objections the City may have to one or more of such subcontractors. The
Contractor shall not enter into a subcontract with an intended subcontractor to whom the City
objects. If at any time the City objects to a subcontractor, the Contractor shall solicit proposals
from potential replacements and shall submit the three lowest proposals to the City, along with
the Contractor's proposed choice as replacement. If the approved replacement subcontractor's
cost is verified to be higher than the removed subcontractor, the excess shall be added to the
Contract Price, unless the subcontractor in question has to be removed due to a default, or
deficient performance;
If the approved replacement subcontractor's cost is lower than the removed subcontractor, the
difference shall be deducted from the Contract Price. Subcontractor markups shall be limited to
those listed in Section 13.07 below;
All subcontracts shall afford the Contractor rights against the subcontractor which correspond to
those rights afforded to the City against the Contractor herein, including those rights of Contract
termination as set forth herein below;
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12.02 Each and every subcontract related to the Project is hereby assigned by the Contractor to the
City, contingent upon the termination of the Contract for default or convenience as provided
herein, and only as to those subcontracts which the City accepts in writing directed to the
Contractor. This contingent assignment is subject to the prior rights of any surety obligated
under a bond related to the Contract. This contingent assignment will operate prospectively from
the effective date of assignment and will not obligate the City to any liabilities existing on the
effective date of the assignment, or arising from events, acts, failures to act, facts or
circumstances existing prior to the effective date of the assignment. The contracts subject to this
contingent assignment shall also be further assignable by the City, at the City's sole option. The
Contractor shall bear the responsibility of notifying subcontractors of this contingent assignment
and including it in all subcontracts in connection with the Project.
Section 13. CHANGE ORDERS
13.01 The City Manager or the City Manager's express designee shall be the sole authorized
representative of the City. Other than in matters of public safety or in time of emergency
management, the Contractor shall not take direction or act upon information from any City
personnel other than the City Manager's expressly authorized designee(s);
13.02 One or more changes to the work within the general scope of the Contract, may be ordered by
Change Order. The City may also issue written directions for minor changes in the Work and
may issue Construction Change Directives, as set forth below. The Contractor shall proceed
with any such changes or Construction Change Directives without delay and in a diligent
manner, and same shall be accomplished in strict accordance with the following terms and
conditions:
13.03 Change Order shall mean a written order directed to the Contractor executed by the City after
execution of the Contract, directing a change in the work. A Change Order may Include a
change in the Contract Price, (other than a change attributable to damages for delay as
provided in Section 6 hereof), or the time for the Contractor's performance, or any combination
thereof. Where there is a lack of total agreement on the terms of a Change Order or insufficient
time to execute a bilateral change, the City may also direct a change in the Work in the form of
a Construction Change Directive, which will set forth the change in the Work and the change, if
any, in the Contract Price or time for performance, for subsequent inclusion in a Change Order;
Construction Change Directives shall include a not -to -exceed preliminary price, against which
the Contractor may begin billing (subject to the requirements for pay applications elsewhere
herein) as the work is performed.
(1) The Contractor shall furnish a price breakdown, itemized as required and within the time
specified by the City, with any proposal for a contract modification.
(2) The price breakdown
(a) must include sufficient detail to permit an analysis of all costs for material, labor,
equipment and subcontracts, and
(b) must cover all work involved in the modification, whether the work was deleted,
added or changed.
(3) The Contractor shall provide similar price breakdowns to support any amounts claimed
for subcontracts.
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(4) The Contractor's proposal shall Include a complete justification for any time extension
proposed.
13.04 Any change in the Contract Price resulting from a Change Order shall be determined as follows:
(1) By mutual agreement between the City and the Contractor as evidenced by (a) the
change in the Contract Price being set forth in the Change Order, (b) such change in the
Contract Price, together with any conditions or requirements relating thereto, being
initialed by both parties and (c) the Contractor's execution of the Change Order; or,
(2) If no mutual agreement occurs between the City and the Contractor, the change in the
Contract Price, if any, shall be derived by determining the reasonable actual costs
incurred or savings achieved, resulting from revisions in the work. Such reasonable
actual costs or savings shall include a component for direct job site overhead and profit
but shall not include home -office overhead or other indirect costs or components. The
calculation of actual costs shall conform to the markup schedule in Section 13.07 below.
Any such costs or savings shall be documented in the format, and with such content and
detail as the City requires.
The Contractor shall promptly submit such documentation and other supporting materials as the
City may require in evaluating the actual costs incurred or to be incurred;
13.05 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the
Contractor's agreement to the ordered changes in the work, the Contract as thus amended, the
Contract Price and the time for performance by the Contractor, regardless of the nature, amount
or extent of the changes. The Contractor, by executing the Change Order, waives and forever
releases any claim against the City for additional time or compensation for matters relating to,
arising out of or resulting from the work included within or affected by the executed Change
Order of which the Contractor knew or should have known;
13.06 The Contractor shall notify and obtain the consent and approval of the Contractor's surety with
reference to all Change Orders if such notice, consent or approval are required by the City, the
Contractor's surety or by law. The Contractor's execution of the Change order shall constitute
the Contractor's warranty to the City that the surety has been notified of, and consents to, such
Change Order and the surety shall be conclusively deemed to have been notified of such
Change Order and to have expressly consented thereto;
13.07 For the purpose of Change Orders, the following definitions of terms and other restrictions
apply:
Contractor's or Subcontractor's Materials shall include the cost of materials, excluding
sales tax, and the cost of all transport. The cost of items listed shall be directly related to
the Change Order. Indirect costs not specifically related to the Change Order shall not
be considered.
Contractor's or Subcontractor's Direct Labor Cost shall be limited to the hourly rate of
directly involved workmen, employer contributions towards company standard benefits,
pensions, unemployment or social security (if any), and employer costs for paid sick and
annual leave.
Is
Contractor's or Subcontractor's Overhead shall include license fees, bond premiums,
supervision, wages of timekeepers and clerks, incidentals, home and field office
expense, and vehicle expense directly related to the Project, and all other direct Project
expenses not included in the Contractor's materials, direct labor and equipment costs.
The allowance for Overhead and Profit shall be limited to the following schedule:
1. For the Contractor, for any work performed by the Contractor's own forces, 10%
of the Subtotal of Costs to the Contractor.
2. For the Contractor, for any work performed by his Subcontractor, 5% of the
amount due the Subcontractor.
3. For each Subcontractor or Sub -subcontractor involved, for any work performed
by their own forces, 10% of their materials and direct labor costs.
4. For each Subcontractor, for work performed by his Sub-subcontractor(s), 5% of
the amount due the Sub -subcontractor.
For Change Orders, the total cost or credit to the Owner shall be based on the following
schedule:
Contractor's Materials Cost
+ Contractor's Direct Labor Costs
+ Contractor's Equipment Costs (includes owned/rental equipment)
+ Applicable Subcontractor Costs
=Subtotal of Costs to the Contractor
+ Contractor's Overhead and Profit
=Total Cost or Credit to the Owner
13.08 Nothing Contained in this section shall be deemed to contradict or limit the terms of Section
6.05 above.
Section 14. DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK
14.01 In the event that the Contractor covers, conceals or obscures its work in violation of the Contract
or in violation of an instruction from the City, such work shall be uncovered and displayed for
review by the City and/or its consultants upon request, and shall be reworked at no cost in time
or money to the City;
14.02 If any of the work is covered, concealed or obscured in a manner not covered by Section 14.01
above, it shall, if directed by the City, be uncovered and displayed for the City and/or its
consultants. If the uncovered work conforms strictly with the Contract, the costs incurred by the
Contractor to uncover and subsequently, replace such work shall be borne by the City.
Otherwise, such costs shall be bome by the Contractor,
14.03 The Contractor shall, at no cost in time or money to the City, correct work rejected by the City as
defective or failing to conform to the Contract. Additionally, the Contractor shall reimburse the
City for all testing, review, inspections and other expenses incurred as a result thereof;
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14.05 In addition to its warranty obligations set forth elsewhere in this Contract Agreement and any
manufacturer's warranties provided on the Project, and in addition to other remedies provided
herein or by law to the City, the Contractor shall be specifically obligated to promptly correct any
and all defective or nonconforming work, whether obvious or after -discovered, for a period of 12
months following Substantial Completion upon written direction from the City;
14.06 The City may, but shall in no event be required to, choose to accept defective or nonconforming
work. In such event, the Contract Price shall be reduced by the greater of (1) the reasonable
costs of removing and correcting the defective or nonconforming work, or (2) the difference
between the fair market value of the Project as constructed and the fair market value of the
Project had it not been constructed in such a manner as to include defective or nonconforming
work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate
the City for the acceptance of defective or nonconforming work, the Contractor shall, upon
written demand from the City, pay the City such remaining compensation for accepting defective
or nonconforming work. The Contractor shall have an opportunity to correct any defect or non-
conformance prior to the City taking the above actions. The contractor, upon written notice of
any defect or non-conformance, shall have 10 calendar days to make corrections, unless the
City agrees that the correction will require more than 10 calendar days to correct.
Section 15. CITY'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE
15.01 In addition to the City's rights under Section 8 and elsewhere in this Contract Agreement, the
City shall have the right at any time to direct the Contractor to suspend its performance, or any
designated part thereof when In the interests of the City. if any such suspension is directed by
the City, the Contractor shall immediately comply with same;
15.02 In the event the City directs a suspension of performance under this section, through no fault of
the Contractor, if the suspension is lifted other than by Termination, the City shall pay the
Contractor as fWI compensation for such suspension the Contractor's ordinary and reasonable
costs, actually incurred and paid, of:
(1) demobilization and remobilization, including such justifiable costs paid to subcontractors
(cost categories and markups limited to those set forth in Section 13.07 above);
(2) preserving and protecting work in place;
(3) approved storage of materials or equipment purchased for the Project, including
insurance thereon; and
(4) substantiated extended field office overhead (but no home -office overhead).
15.03 The City may order suspension of the Work in whole or in part for such time as deemed
necessary because of the failure of the Contractor to comply with any of the requirements of this
Contract Agreement, and the Contract Agreement's completion date shall not be extended on
account of any such suspension of Work.
When the City orders any suspension of the Work under this Section 15.03, the Contractor
shall not be entitled to any payment for Work which the Contractor performs after notice of
suspension and/or during the suspension period and shall not be entitled to any costs or
damages resulting from such suspension.
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15.04 The City's rights under this section shall be in addition to those contained elsewhere in the
Contract or provided by law.
Section 16. TERMINATION BY THE CITY
The City may terminate the Contract in accordance with the following terms and conditions:
16.01 Termination for Convenience. The City may, when in the interests of the City, terminate
performance under the Contract by the Contractor, in whole or in part, for the convenience of
the City. The City shall give written notice of such termination to the Contractor specifying when
termination becomes effective. The Contractor shall incur no further obligations in connection
with the work so terminated, other than warranties and guarantees for completed work and
installed equipment, and the Contractor shall stop work when such termination becomes
effective. The Contractor shall also terminate outstanding orders and subcontracts for the
affected work. The Contractor shall settle the liabilities and claims arising out of the termination
of subcontracts and orders. The City may direct the Contractor to assign the Contractor's right,
title and interest under termination orders or subcontracts to the City or its designee. The
Contractor shall transfer title and deliver to the City such completed or partially completed work
and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has
in its possession or control. When terminated for convenience, the Contractor shall be
compensated as follows:
(1) The Contractor shall submit a termination claim to the City specifying the amounts due
because of the termination for convenience together with costs, pricing or other data
required by the City. If the Contractor fails to file a termination claim within six months
from the effective date of termination, the City shall pay the Contractor, an amount
derived in accordance with subsection (3) below.
(2) The owner and the Contractor may agree to the compensation, if any, due to the
Contractor hereunder.
(3) Absent agreement to the amount due to the Contractor, the owner shall pay the
Contractor the following amounts:
(a) Contract costs for labor, materials, equipment and other services accepted under
the Contract;
(b) Reasonable costs incurred in preparing to perform and in performing the
terminated portion of the work, and in terminating the Contractors performance,
plus a fair and reasonable allowance for direct job site overhead and earned
profit thereon (such profit shall not include anticipated profit or consequential
damages); provided however, that if it reasonably appears that the Contractor
would have not profited or would have sustained a loss if the entire Contract
would have been completed, no profit shall be allowed or included and the
amount of compensation shall be reduced to reflect the anticipated rate of loss, if
any;
(c) Reasonable costs of settling and paying claims arising out of the termination of
subcontracts or orders pursuant to Subsection (3)(a) above --if contingent
assignment of such contracts has not been elected as provided herein --shall not
include amounts paid In accordance with other provisions of the Contractor. This
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clause is subject to, and the Contractor shall be limited by the City's rights to
direct the replacement of subcontractors under Section 12.01.
The total sum to be paid the Contractor under this Subsection (3) shall not exceed the
total Contract Price, as properly adjusted, reduced by the amount of payments otherwise
made, and shall in no event include duplication of payment.
16.02 Termination for Cause. If the Contractor does not perform the work, or any part thereof, in a
timely manner, supply adequate labor, supervisory personnel or proper equipment or materials,
or if it fails to timely discharge its obligations for labor, equipment and materials, or proceeds to
disobey applicable law, or otherwise commits a violation of a material provision of the Contract,
then the City, in addition to any other rights it may have against the Contractor or others, may
terminate the performance of the Contractor, in whole or in part at the City's sole option, and
assume possession of the Project site and of all materials and equipment at the site and may
complete the work;
In such case, the Contractor shall not be paid further until the work is complete. After
Completion has been achieved, if any portion of the Contract Price, as it may be modified
hereunder, remains after the cost to the City of completing the work, including all costs and
expenses of every nature incurred, has been deducted by the City, such remainder shall belong
to the Contractor. Otherwise, the Contractor shall pay and make whole the City for such cost.
This obligation for payment shall survive the termination of the Contract;
In the event the employment of the Contractor is terminated by the City for cause pursuant to
this Section 16.02 and it is subsequently determined by a Court of competent jurisdiction that
such termination was without cause; such termination shall thereupon be deemed a Termination
for Convenience under Section 16.01 and the provisions of Section 16.01 shall apply;
16.03 Termination for Non Appropriation. The City may also terminate the Contract, in whole or in
part, for non -appropriation of sufficient funds to complete or partially complete the Project,
regardless of the source of such funds, and such termination shall be on the terms of Section
16.01;
16.04 The City's rights under this Section shall be in addition to those contained elsewhere herein or
provided by law.
Section 17. INSURANCE
17.01 Contractor shall be responsible for all damage to person and or property resulting from its
negligent acts, reckless or intentional misconduct, errors or omissions or those of their
subcontractors, agents or employees in connection with such services and shall be responsible
for all parts of its work, both temporary and permanent;
17.02 Contractor shall, at its own expense, procure and maintain throughout the term of this Contract
Agreement, with insurers acceptable to City, the types and amounts of insurance conforming to
the minimum requirements set forth in this Contract Agreement. Contractor shall not commence
work until the required insurance is in force and evidence of insurance acceptable to City has
been provided to, and approved by, City. An appropriate Certificate of Insurance shall be
satisfactory evidence of insurance. Until such insurance is no longer required by the Contract,
Contractor shall provide City with renewal or replacement evidence of insurance at least 30
days prior to the expiration or termination of such insurance;
0
17.03 Workers' Comnensation/E_maloyer's Liability Insurance
r .
Worker's Compensation Insurance in accordance with statutory requirements, and Employers'
Liability Insurance with limits of not less than $1,000,000 for each accident.
General Liablift Insurance
Comprehensive General Liability Insurance with bodily injury limits of not less than $11000,000
for each occurrence and not less than $1,000,000 in the aggregate, and with property damage
limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the
aggregate.
Automobile Liability Insurance
Automobile Liability Insurance with bodily injury limits of not less than $1,00,000 for each person
and not less than $1,000,000 for each accident, and with property damage limits of not less than
$1,000,000 for each accident;
17.04 Contractor shall furnish insurance certificates or insurance policies at the City's request to
evidence such coverages. Except for workers compensation, the insurance policies shall name
the City as an additional insured and shall contain a provision that such insurance shall not be
canceled or reduced with respect to by coverages or endorsements without 30 days' prior
written notice to OWNER and CONSULTANT. In such event CONSULTANT shall, prior to the
effective date of the change or cancellation, serve substitute policies furnishing the same
coverage;
17.05 Compliance with these insurance requirements shall not limit the liability of Contractor. Any
remedy provided to the City by any insurance maintained by the Contractor shall be in addition
to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of
Contractor) available to the City under the Contract or otherwise;
17.06 Neither approval nor failure to disapprove insurance furnished by Contractor shall relieve
Contractor from responsibility to provide insurance as required by this Contract Agreement;
17.07 Contractor shall deliver to City the required certificate(s) of insurance and endorsement(s)
before City signs this Contract Agreement;
17.08 Contractor's failure to obtain, pay for, or maintain any required insurance shall constitute a
material breach upon which City may immediately terminate or suspend this Contract
Agreement. In the event of any termination or suspension, City may use the services of another
consultant or consultants, without City's incurring any liability to Contractor;
17.09 At its sole discretion, City may obtain or renew Contractor insurance, and City may pay all or
part of the premiums. Upon demand, Contractor shall repay CITY all monies paid to obtain or
renew the insurance. City may offset the cost of the premium against any monies due
Contractor from City.
17.10 The Contractor shall furnish to the City Certificates of Insurance allowing thirty (30) days' notice
for any change, cancellation, or non -renewal. Such Certificates shall contain the following
wording:
23
"SHOULD ANY OF THE ABOVE -DESCRIBED POLICIES BE CANCELED BEFORE
THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS
PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN."
If the insurance policies expire during the terms of the Contract, a renewal certificate or binder
shall be filed with the City at least 30 days prior to the renewal date;
17.11 In addition to the coverages required herein, the Contractor shall furnish and maintain all-risk
builder's risk property insurance, satisfactory to the City, upon the entire Work at the site to the
full replacement cost of the completed project. This coverage shall name City as an additional
insured, must include the interests of the Contractor, subcontractors and sub -subcontractors in
the Worts, and must be procured from an insurer licensed to do business in the State of Texas
with a Bests rating of °A+, A, A2. The policy must insure against perils including, but not limited
to, earthquake, fire, extended coverages, windstorm, lightning, flood, and physical loss or
damage, including theft, vandalism and malicious mischief;
Section 18. PERFORMANCE AND PAYMENT BONDS; SURETY BONDS
18.01 Contractor shall provide City with a Performance Bond, a Payment Bond, and a Maintenance
Bond meeting the standards specified in the Contract Documents, on the forms provided by the
City, and attached hereto, with a Power of Attorney Affidavit, each in an amount not less than
the Contract price;
18.02 Sureties' qualifications. All bonds, to the extent required under the Contract, including, but not
by way of limitation, any Bid/Proposal Bond, Performance Bond, Payment bond, or Maintenance
Bond shall be written through a reputable and responsible surety bond agency licensed to do
business in the State of Texas and with a surety which holds a certificate of authority authorizing
it to write surety bonds in Texas and maintains a current certificate of authority as an acceptable
surety on Federal Bonds in accordance with U.S. Department of Treasury Circular 570.
However, if the amount of the bond exceeds the underwriting limitations set forth in the Circular,
in order to qualify, the net retention of the surety company shall not exceed the underwriting
limitation in the Circular and the excess risk must be protected by co-insurance, reinsurance, or
other methods in accordance with Treasury Circular 297, revised September 1, 1978 (3) CFR
Section 223.10 - Section 223.111 and the surety company shall provide the City with evidence
satisfactory to the City, that such excess risk has been protected in an acceptable manner,
18.03 Additional or replacement bond. It is further mutually agreed between the parties hereto that if,
at any time, the City shall deem the surety or sureties upon any bond to be unsatisfactory, or if,
for any reason, such bond (because of increases in the work or otherwise) ceases to be
adequate, the Contractor shall, at its expense within five days after the receipt of notice from the
City so to do, furnish an additional or replacement bond or bonds in such form, amount, and
with such surety or sureties as shall be satisfactory to the City. In such event, no further
payments to the Contractor shall be deemed to be due under the Contract until such new or
additional security for the faithful performance of the work shall be furnished in manner and form
satisfactory to the City;
18.04 As applicable to all bonds required under the Contract, the surety company shall have a Texas
agent whose name shall be listed in the prescribed space on the forms provided by the City for
all bonds required by the City, or otherwise listed therein if the form of the Bond is not
prescribed by the City.
24
Section 19. PROJECT RECORDS
All documents relating in any manner whatsoever to the Project, or any designated portion thereof,
which are in the possession of the Contractor, or any subcontractor of the Contractor, shall be made
available to the City and/or its consultants for inspection and copying upon written request by the City.
Furthermore, said documents shall be made available, upon request by the City, to any state, federal or
other regulatory authority and any such authority may review, inspect and copy such records. Said
records include, but are not limited to, all drawings, plans, specifications, submittals, correspondence,
minutes, memoranda, tape recordings, videos, or other writings or things which document the Project,
its design, and its construction. Said records expressly include those documents reflecting the cost of
construction to the Contractor. The Contractor shall maintain and protect these documents for not less
than three years after completion of the Project, or for any longer period of time as may be required by
law or good construction practice. The Contractor further agrees to include these provisions in any
subcontracts issued by him in connection with this Contract Agreement.
25
Section 20. APPLICABLE LAW
The laws of the State of Texas shall govem this Contract Agreement. In any litigation arising under this
Contract Agreement, the parties agree to a waiver of the right to a trial before a jury, and all such
litigation shall be litigated only in a non jury hearing in Collin County, Texas.
Section 21. SUCCESSORS AND ASSIGNS
Each party binds itself, its successors, assigns, executors, administrators or other representatives to
the other party hereto and to successors, assigns, executors, administrators or other representatives of
such other party in connection with all terms and conditions of the Contract. The Contractor shall not
assign the Contract without prior written consent of the City.
Section 22. MISCELLANEOUS PROVISIONS
22.01 Construction Permits. The City hereby agrees to waive the charge for a City -issued building
permit for this Project. However, the Contractor is responsible for obtaining all permits or fees
otherwise required of the Contractor by the Contract Documents or permits and flees customarily
the responsibility of the Contractor. The Contractor and all subcontractors are required to
register with the City of Anna and pay the fee of $100;
22.02 Compliance by Contractor: Nondiscrimination. Contractor shall comply with all Federal, State
and local laws, ordinances, rules and regulations of any authorities throughout the duration of
the Contract. The Contractor shall be responsible for compliance with any such law, ordinance,
rule or regulation and shall hold City harmless and indemnify same in the event of non-
compliance. Contractor further agrees to abide by the requirements under Federal Executive
Order Number 11246, as amended, including specifically the provisions of the equal opportunity
clause;
22.03 State and local Taxes. Except as otherwise provided, contract prices shall include all applicable
state and local taxes. Contractor shall indemnify and hold harmless the City for any loss, cost or
expense incurred by, levied upon or billed to the City as a result of Contractors failure to pay
any tax of any type due in connection with this Contract Agreement. Contractor shall ensure that
the above sections are included in all subcontracts and sub -subcontracts and shall ensure
withholding on out of state sub and sub -subcontractors to which withholding Is applicable.
22.04 Any and all notices required to be sent under the Contract or otherwise shall be sent to the
following:
If to the City:
City of Anna
Attn: City Manager
120 W. Seventh St
Anna, Texas 75409
If to the Contractor.
A&C Construction, Inc.
1400 W. Irving Blvd.
Ste 201 Irving, TX
75061
26
Section 23. ENTIRE AGREEMENT
Aside from duly authorized Change Orders, any modification to this Contract Agreement must be
supported by an additional, articulated consideration, and must either be in writing, executed by the
parties hereto, or, if made orally, should be confirmed in writing, which writing should state the
consideration which supports the modification. Failure to confirm an oral modification in writing shall
constitute a waiver of any claim for additional compensation with regard to the oral modification.
Nothing in this Section shall be construed to limit the City's authority to issue changes set forth in
Section 14 herein.
Section 24. SEVERABILITY
If any term or condition of the Contract or the application thereof to any person(s) or circumstances is
held invalid, this invalidity shall not affect other terns, conditions or applications which can be given
effect without the invalid term, condition, or application. To this end, the terms and conditions of the
Contract are agreed to be severable.
27
Section 25. WAIVER
Waiver of any breach of any term or condition of this contract shall not be deemed a waiver of any prior
or subsequent breach and shall not entitle any party hereto to any subsequent waiver of any terms
hereunder. No term or condition of this contract shall be held to be waived, modified or deleted except
by an instrument, in writing, signed by the parties hereto.
IN WITNESS WHEREOF, the Parties have executed this Contract Agreement under
their respective seals on the day and year first written above.
ATTEST:
ATTEST:
SEC
(SEAL)
CITY OF ANNA, TEXAS
N
Ry Henderson, Interim City Manager
A&C Construction, Inc.
BY:
Jose Granados, President
28
CONSTRUCTION, INC.
FM
IMM
Attention:
City of Anna,
Attn: Alan Guard,
120 W. 71h Street,
Anna, TX 75409
Bids Due — May 3, 2023
2:00 PM Closing
1 Addendum Acknowledged
THE CITY OF
manna
Jacobs
CND
COMPANY PROFILE
Legal Business Name of our Firm:
A&C Construction, Inc.
1400 Irving, Blvd., Ste. 201,
Irving, Texas 75061
Main Phone:
972-457-0423
Jacobs
THE CITY OF
Anna
Form of Business Organization:
Corporation — Formed in 2016 in the State of Texas — Specializing in Municipal, Commercial, & Residential
Individuals authorized to make representations on behalf of A&C Construction, Inc.
Jose Granados, President Email: iose(o)acconstruction.us Ph: 214-682-0264
David Stanfield, Vice President Email: david(@acconstruction.us Ph: 469-921-5568
CONSTRUCTION, INC.
WHO WE ARE
OUR MISSION
Jacobs
THE CITY OF
Anna
A&C Construction, Inc. was established in 2016. Brothers,
Jose and Carlos Granados founded the company on traditional
values of construction and believing that the American Dream
of building a solid company from the ground up was possible.
In the last decade, A&C Construction, Inc. has built and
renovated hotels, churches, municipal projects, banks, retail
stores, shopping centers, car dealerships, residential houses,
and more. During that time, A&C also built one of the most
trusted brands in the industry. A&C has been recognized for
transparency in our dealings and honesty in everything we do.
A&C Construction, Inc. is committed to providing high quality and solutions for our clients construction needs with a
best -in -class experience. We focus on building long-term partnerships with honesty, integrity, and trust. Our core
values are the foundation of our company and the projects we work on, no matter how big or small. Everyone in and
involved with our company embraces our core values:
• Quality
• Punctuality
• Honesty
WHY CHOOSE A&C CONSTRUCTION, INC.
A&C Construction, Inc. has the experience and knowledge to tackle any project. Our innovation begins with the initial
planning process and continues through project completion to help meet schedules and budgets. Our expertise and
unique business model has helped us create a process that provides the least amount of disruption to clients and
residents, while also providing a best -in -class experience due to our efficiencies. A&C has maintained an excellent
reputation based on innovation, reliability, and integrity in everything we do.
We are very critical in understanding the needs of our clients and we give our clients the guarantee that we strive to
deliver our projects on time within budget and of the highest standard of quality. We see to it that our projects teams
work very closely with our clients and that their needs will always be considered in all major project decisions. We
secure with our clients our transparency in costing, budget control, project scheduling, and commissioning as part of
our accountability and integrity. We believe in our service -oriented approach to business as the reason for our
continued success. We value our clients, employees, subcontractors, and other business partners and consider
them to be a vital part of our success and we aim in making a strong relationship with all of them.
Jacobs
PROJECT ORGANIZATIONAL CHART
THE CITY OF
Anna
THE CITY OF
Anna
City Project President
Manager „Sr��!N Contracts/Admin.
Jose Granados
City AA Vice President
Inspectors 1: r,N Project Manager
David Stanfield
Geotech /
Third Party Lab
& Inspections
In -House Labor &
Subcontractor Team
Supers & Forman
A Quality Control &
Safety Manager —
F Project Assistant
Project
AA Superintendents
r�.v J
Michael Hampton
DONS RLG�OM N
Miguel Meaves
CONSTRUCTION, INC.
KEY PERSONNEL RESUMES
Jose Granados(President)
Jacobs
THE CITY OF
Anna
Experience
Jose has over 35 years' experience in the construction industry. He started his career as a mason specialist and then
started his own masonry company with his brother, Carlos, in 2009 and has grown it into one of DFW's premier masonry
and stucco companies. Jose and Carlos had bigger goals and opened A&C Construction in 2016 in order to pursue
their dream of being a General Contractor and not just a sub. They established the company on the same standards
and reputation they had built with their masonry company and were quickly able to make their mark as a GC. Jose's
humbleness and kindness is what draws people in and makes you want to work with him. He knows every aspect of
construction because he started in the field as a laborer and worked his way all the way to the top of his own company.
Employment History
General Laborer to Masonry Specialist —13 Years+
CRG Masonry & Stucco, Inc. — President/CEO — 2009 — Current
A&C Construction, Inc. — President/CEO — 2016 — Current
David Stanfield (Vice President & Proposed Project Manager)
Experience
David has 23+ years' experience in the construction industry. He started his career doing CAD/Drafting and drawing
all types of projects. He worked his way up from drawing plans, to estimating, to project management, and then to
executive roles. His passion is seeing a project go from plans to completion as he still loves the architecture and design
element of every project. Throughout his career, he has taught drafting at the college level, sat on boards for
companies, and played key roles for each company he worked for. He specializes in business development, project
management, design aide, project scheduling, and construction problem resolution. He has been working with DFW
area municipalities for the last 8 years and has built everything from parks to fire stations. David will be the key
contributor and project manager for this project if we are chosen.
Employment History
A&C Construction, Inc. — Vice President/Project Manager - 9/15/21 — Current
MSB Constructors — Senior Project Manager — 6/15/18 — 9/15/21
JCC, Inc. — Vice President - 5/15/2015 — 6/15/18
Avallone Architectural Specialties — Estimating Manager - 1211/2013 — 5115/15
North Shreve Construction — Project Manager/Lead Estimator-12/1/2009—1112/2013
S&S Professional Drafting Services — Owner/Manager — 8/1/2001-12/112009
Paris Junior College — Drafting Department Head—1/1/2004 — 5/31/2008
Texas Dept. of Transportation — Drafter/Construction Inspector—12/1/2000 — 4/31/2002
Hayter Civil Engineering, Inc. — Project Manager/Drafter —61111998-1212/2000
CON�CTION, INC.
Jacobs
THE CITY OF
Anna
Michael Hampton & Miguel Meave (Superintendent / Field Team)
We will utilize two men on site for this project as our Superintendent/Field Crew Leaders. We will self -perform most of
the work on the project, so we will utilize our Earthwork/Concrete Crew Leader, Michael Hampton for those scopes and
also have our Site Superintendent, Miguel Meave on hand to assist them and coordinate all inspections and any other
scopes/trades. They will both be under direction of the Project Manager, David Stanfield. This particular team of 3
men has successfully completed several projects together, all early, all on or under budget, and all with outstanding
reviews from all of the Owner Reps and/or Municipalities we worked with.
Michael's Experience
Michael has 13+ years' experience in the construction industry. He started his career helping his father-in-law's
construction business with estimating. He specializes in earthwork and concrete work. He went from estimating
projects to being a helper on a concrete crew in the field to get hands on experience, to becoming a field crew leader
and an integral part of his family business and growth. Michael will be the field crew leader on site and will be in charge
of all earthwork and concrete activities.
Miquel's ExperienceExperience
Miguel has 10+ years' experience in the construction industry. He started his career as a drywall installer with a large
interior finish -out company and later became a superintendent's assistant, and then a lead superintendent. Miguel has
his Associates Degree in Construction Management on top of his 10+ years of field experience. He is bi-lingual, which
is a great help on job sites and he does a great job of keeping a job site running smoothly and coordinated between all
trades because he understands how trades connect and flow together.
Between David, Michael, and Miguel, this team has built and/or managed similar projects for the City of Grand Prairie,
Dallas, Irving, Allen, Arlington, Plano, Ponder, Pottsboro, Lewisville, Denton, Justin, McKinney, Waxahachie, Flower
Mound, and more.
?RUCTION, INC.
Jacobs
THE CITY OF
Anna
WHAT CAN YOU COUNT ON DURING CONSTRUCTION?
• Safety
o Just like any successful General Contractor, we have to make safety a priority on ourjob sites. That
starts with the properjob site safety training and staying in tune with possible hazards relative to the
scope of work anticipated and scheduled. We start by requiring all of our employees to go through
OSHA 30 Certification program where they learn all of the basics on job site safety. We then hold tool
box topic safety meetings weekly on ourjob sites, which is conducted by our site superintendent. We
have a company Safety Plan that is implemented on everyjob. We pride ourselves in keeping a project
incident free and have always held very low EMR rates consistently, which is below 1.0 at all times.
• Quality Control
o Project quality is right there at the same level of importance to us as safety is. If we can't turn over high
quality projects for our clients, then we would consider it a failure. We have developed and
implemented a quality control plan specific on each project. We strictly follow the guidelines and steps
in the plan to help ensure that everything done on site meets our quality standards. We have a great
system of checks, double checks, and balances throughout the construction phase that allows us to
eliminate issues and rework.
o We have three phases of inspections during construction; Preparatory Meetings with each trade/sub,
initial inspections once they near completion, and follow-up inspections when we are ready for the
owner/architect review.
o Our Superintendent tracks all non -conforming work with reports and hold our subs to high standards.
We track everything from the time materials hit the site with material inspection reports, all the way
through the finish -out process and make sure all work is ready to present to the team.
• Prepare and Maintain Project Schedule
o At A&C, all critical path scheduling is performed in-house and maintained throughout the project by
the Project Manager. There is constant communication between the Project Manager, the Owner, the
Design Team, and the Lead Forman for each Subcontractor, to keep consistent track of where things
stand on the project so we can keep the schedule up to date appropriately. We build and maintain
complete project schedules throughout the entire project and give the owner updated schedules
monthly. Superintendents will also create and maintain 3-Week Look-Aheads, which will be used in
conjunction with the overall schedule to help keep Subcontractors in line where they need to be for
planning ahead.
• Construction Administration & Documentation
o We give our client's complete access to all project documents as required or needed during the project.
This creates a transparent and accountable construction management climate that the entire project
team can access. We will ensure that all project team members are current on project progress,
information distribution, schedule updates, and current activities. We provide electronic copies of all
CONSTRUCTION, INC.
Jacobs
THE CITY OF
Anna
RFI's, Submittals, Project Contact Information, Meeting Minutes, Contract Documents, Daily Reports,
and any other important documentation. This provides a seamless transition from the Pre -Construction
Phase, to the Construction Phase, and through the Close-out Phase of the project.
• Punch List and Execution
o We spend a considerable time towards the end of the project walking through the project site as a
group with the Project Manager, Superintendent, and Subcontractor Formen, looking at finished work
trade by trade. We try to identify any items that would end up on a punch list and we try to correct
those items ahead of time. We are proactively looking at ways throughout the project, especially
towards the end, to eliminate any and all of these items. Once we feel the project is substantially
complete and ready for the owner and design team walk-through, we perform our own final walk-
through alone to give the project one last round of checks and balances. Our goal is always to have a
very small punch list, to no punch list. Once we are given a punch list, we take it and divide it up into
each specific trade and supply the appropriate subs with a list only showing the items they are
responsible for, which keeps them focused solely on their own duties, and it gives us a specific check-
off list to use with each sub.
• Project Close-out
o A&C's construction close-out approach is to not wait till the end of the project to begin closing it out.
We start working on close-out from the beginning of the project. Once subs finish their scopes of
work, they are immediately asked to get their close-out documentation done and turned in. We file
these items and begin assembling Operations and Maintenance Manuals, Warranty Notebooks, and
Record Drawings. By the time the project reaches Substantial Completion, our close-out documents
are basically done and all we have to do is double check our records and put finishing touches on
things. We find this proactive approach very helpful in avoiding scrambling at the end of the project to
get things done.
• Warranty Services
o Our philosophy for warranties is this, if we do a greatjob, but we don't follow through with providing
the same quality of service when it comes to the warranty of that project, then we have still failed. The
warranty has to be handled in the same manner as the construction. This is when integrity and taking
pride in your work really comes into play. Does the contractor show up for the client when little things
are needed after the contractor has finished and left the site? Well, our answer is YES. We don't leave
our client hanging when things are needed. Our goal is to respond to any warranty call within 24
hours. In an emergency situation, the response will be immediately, day or night or weekend.
Warranty means responsibility. We are responsible for our product or project until that warranty period
ends, period. We demand and even bind our subcontractors by contract to handle warranty issues with
the same expectations and because we work as a TEAM, it is not a struggle to get things done when
they come up. It's about relationships and trust, which equates to team members wanting to pitch in
and help on the small things along the way and after the project is over too.
CONUCTION, INC.
PROJECT HISTORY &
CURRENT / RECENT PROJECT LIST
Jacobs
THE CITY OF
Anna
• City of Arlington: SE Branch Library Sidewalks, Parking Lot & Pavement Improvements
• City of Grand Prairie: Mi Familia Park — Sidewalks/Trails, Playground, Landscaping, Lighting, Etc.
• City of Irving: Oak Meadows Park Trail — Sidewalks/Trails, Picnic Areas, Landscaping, Etc.
• City of Richardson: Apollo Road Property Improvements — Parking Lot, Soccer Fields, Sidewalks, Etc.
• City of Allen: Heritage Park Pavilion Improvements — Site Work, New Large Ground -up Pavilion
• City of Lewisville: New 60'x300' Pre-Eng. Truck/Equipment Shelter & New Parking at Kealy Facility
• City of Irving: City Hall Landscape & Irrigation Improvements — Sidewalks, Pavers, Landscaping, Etc.
• Koan Private School: New 6,000 SF Pre-Eng. Classroom Facility & Remodel of Existing Facility
• City of Pottsboro: Multiple Park Improvement Project, Pottsboro, Texas
• Denco Area 911 District Office: 1075 Princeton St., Lewisville, Texas
• Lavon Justice of the Peace Office: 121 Private Rd. 5681, Lavon, Texas
• Northstar Dermatology Office: 8165 Precinct Line Rd., North Richland Hills, Texas
• Cross Heritage Storage Facility: 1702 Fannin Road, Melissa, Texas
• Holiday Inn Express & Suites Hotel: 6351 North Freeway, Fort Worth, Texas
• And many more completed projects over the years....
SOME OF OUR RELATED I MUNICIPAL REFERENCES
City Irving / Capital Improvement Programlrving / Capital Improvement Program
825 W. Irving Blvd., Irving, Texas 75060
Gene Moulden, Planning Manager & Landscape Architect
Gene has worked on multiple projects with us, including the City Hall Landscape/Paving Improvements
Ph:972-721-2719
Email: gmoulden�cityofirvingom
City Irving/ Capital Improvement Program
Capital Improvement Program
825 W. Irving Blvd., Irving, Texas 75060
Brad Hughes, Architectural Project Manager
Brad is the City PM on multiple projects that David Stanfield has managed (Hunter Ferrell Landfill Offices,
Joint Fire Training Facility, Fire Apparatus Storage Facility)
Ph: 972-721-2785
Email: bhughes�c' ofirving.org
CONSTRUCTION, INC.
Jacobs
THE CITY OF
Anna
City of Lewisville. Texas
151 W. Church Street, Lewisville, Texas 75057
Ron Carson, Public Works Manager
Ron worked with our team on a project for the City of Lewisville recently
Ph: 972-219-3525
Email: rcarson(o)ci�oflewisville.com
The Koan School
The Koan School, Denton, Texas 76208
Amanda Newton, School Administrator
Amanda is currently working with our team on a new school facility project that we designed and are building
Ph:817-247-1371
• Email: Amanda.newton�koanschool.org
City of Irving, Texas
825 W. Irving Blvd., Irving, Texas 75060
Terry Read, Landscape Architect
Terry was the City Rep and Architect on the recent Oak Meadows Park Trail project we completed
Ph:972-721-2717
Email: tread�ci ofirvingong
CONSTRUCTION. INC.
Ino-
IRVING
T E X A S
October 7, 2022
Jacobs
David Stanfield
A & C Construction, Inc.
1400 W. Irving Blvd., Ste #201,
Irving, Texas 75061
Re: City Hall Landscape Renovation Project
David:
THE CITY OF
Anna
I wanted to take this time to extend our appreciation for the diligent work of you, your
staff, and sub -contractors. They all were very professional in delivering a high -profile
project which being at City Hall had many "inspectors". Everyone was impressed with
the commitment to get the job done, keeping the site clean and completing ahead of
schedule.
Please feel free to use me for any reference as needed and I look forward to
collaborating on future projects.
Sincerely,
Project Manager
CIP Planning Manager
CONSTRUCTION, INC.
Jacobs
m krisnik
1-, LXC&M1i,:0 r, muss
THE CITY OF
Anna
krisnik Management & Development, Inc.
y100 Old Denton pc1 I Furt Worth, TX 761 51
P.817-67a-•i4i71 efaa.817.7%.1-130
The Ultimate Apprnncn to Acquur.. Devvrnp 4 Mcrn^o:, ilgrg
Date: 1-7 January 2022
From: Anil Patel, President
Subject Letter of Recommendation - A&C Construction, Inc
To Whom it May Concern,
This letter serves as a formal recommendation of A&C Construction, Inc
ARC has completed the construction of 3 hotels for our 1705-pitality development group
These projects include:
1) Staybridge Inn 8 Suites Fossil Creek - 84 extended stay room hotel
a) Q01 N Freeway / Ft Worth, IX 76131 -.Slim project
21 Tru by Hilton Fossil Creek - 94 room hotel
a) 62.00 Old Denton Rd / Ft Worth, TX 76131 - 510m project
3) Fairfield Inn & Suites Dallas -McKinney
a) 1600 N Hardin Blvd / McKinney, TX 75071 - $15m prnjecr
ABC Served as the Ceneral Contractor for these properties. They were very thorough in their
pricing. execution, and delivery. The projects all came within budget and in fact, ABC was able
to value engineer in order to help stay in I qne
The team at AIC were very communicative and patient with our group ana spent the time
explaining situations. This was highly appreciated as most GCS act as lone wolves At no tune
were we left in the dark or scratching our heads. ABC makes it a priority to make sure their
clients come first,
In conclusion, we fully recommend A&C Construction, Inc. for our upcoming project
Thanks.
Anil Patei
President
Krisnek Management 8 Development, Inc
67.00 Old Denton Pd I Ft Worth, TX 76131
CONSTRUCTION, INC.
February 1, 2019
Mr. David Stanfield
Mr. Stanfield,
Jacobs
THE CITY OF
Anna
I am pleased to write you a letter of recommendation based on the opportunity that we had to work
together an the construction of a new scale house and office building for the City of Irving landfill
located on Hunter Ferrell Rd. This project has been viewed by the City as a success and the Solid Waste
department personnel that occupy the buildings are very pleased with their facilities.
As the City's project manager, I appreciated the ease of access that I had to your staff. I also recognize
that the commitment to successfully completing the city's goals of the project was shared by you and
your staff. When the foundation sub -contractor attempted to charge the City for carelessness In their
work, I appreciated your frankness and direct approach in dealing wfth the Issue.
1 wish you continued success in your career and look forward to working with you on future projects
with the City of Irving.
Regards,
Brad Hughes
Architectural Project Manager
Capital Improvement Program — City of Irving
Irving, Texas
972.721-2785
CONSINC.
To Whom it May Concern,
Jacobs
THE CITY OF
Anna
11111111IM11111111 Chief s
WA Fire
NW Officer 9
®otaeeo '
es1 R7[lic3
eotiar emu.
J. Taylor - 502
January 31, 2019
I had the pleasure of working with David Stanfield during the 2017 construction of our Fire Training
Facility in Irving. Thiswas a $4 million project that provided many challenges requiring ingenuity from
our contractor. Thankfully for us, David Stanfield was our contact responsible for managing this project
for our contractor. I was the project manager for the Irving Fire Department (IFD). Therefore, I was in
contact with Mr. Stanfield on a daily basis. His detailed organizational skills coupled with constant and
full communication, made this project succeed in a manner that was very smooth and consistent.
During the same timeframe, IFD had another project ongoing by a different contractor. This project was
nothing short of a nightmare due to the lack of leadership and organizational/communication skills by
the management team of the other contractor. Mr. Stanfield's leadership skills were appreciated and
evident in his team's production. I would suggest using Mr. Stanfield for any of your contracting needs.
His performance will make you a believer as well. He would have made a great firefighter.
If you have further questions pertaining to Mr. Stanfield's performance please don't hesitate to contact
me.
Regards,
5�31�
LG. Taylor III
Assistant Chief
Irving Fire Department
972.721.7747
jtaylor@cityofirving.org
THE CITY OF
01
CONSTRUCTION, Jacobs
manna
etouP December 4, 2018
es��
N A' D
P�aP^�� To whom it may concern,
tttitSeclS 8�
David
Stanfield was the project manager for the
\!5* W� on oor IrvingfGrand Prairie FTretrain g facility project contractor
Paeb P� construction knowledge and organizational skills made a
W. � �Eo PP difficult project successful. They completed the project on
^Gori�ca time and took the lead on coordinating with another
P? contractor hired to build the burn tower on the site. He was
a team player working with the client's many changes. I
have relied on him for cost estimating on additional projects.
I highly recommend David and his team for any project you
are considering.
�^Set 9a N^pVi � 9'L7$�i
�� 1#'
t� ao7 Sincerely,
`gyps pptExPt
at3 ,fip j5'tpa l/
oM se+°'jya5 .v� UF�L
�m9
aa�°'ga Melissa Brand-Vokey, AIA
Regional Director
CONSTRUCTION, INC.
_ J+
IRVING
T E X A S
March 31, 202D
To Whom It May Concern:
Jacobs
THE CITY OF
Anna
The City of Irving Fire Department has recently constructed a building to house our reserve fleet of fire
apparatus. This facility included office space, break room, shower facilities and 10,000 square feet of
open floor space to park apparatus and stage response ready rescue trailers.
This was our first building project with David Stanfield and to say the least we are pleased with their
timelines, site cleanliness, responsiveness and overall commitment to quality.
The submitted pricing was in line with what we anticipated and the fact David Stanfield was going
to be the project lead. We have a previous building project relationship with David and knew his ability
to construct a project to our expectations. All of our questions and concerns were addressed
quickly which helped In keeping this project moving forward for an on -time completion date.
I am pleased with the commitment to quality and customer satisfaction and would recommend
David Stanfield for our upcoming building projects.
Respectfully,
Ton
Assistant Fire Chief, Irving Fire Department
CCON'STRUCTION, INC.
January 31, 2019
Letter of Reference
David Stanfield
Arlington Fire Station # 17
Arlington, TX
To Whom It May Corrcem:
Jacobs
THE CITY OF
Anna
BROWN REYNOLDS WATFORD
ARCHITECTS
3535 TRAVIS STREET
SUITE 250
OALLAS. TEXAS 7520A
21A528.8704
www.6RwARCH.COM
am pleased to provide a reference for the above -mentioned project on behalf of David
Stanfield. I performed Construction Administration for the entirety of this project. While
this project had several issues during construction, Mr. Stanfield did o geed job of working
through the Issues in a timely fashion with a good attitude and knowledgeable
experience. He exercised control over his subcontractors and kept the project moving
forward without inconveniencing the schedule or the Owner. Mr. Stanfield was forward -
thinking, keeping ahead of potential problems. I can recommend Mr. Stanfield and his
new construction company to anyone wishing to construct a new project, as I'm confident he
will bring the experience and attitude to successfully complete the work.
Sincerely,
Steven 1. Danielson, CSI, CCS, CCCA
Senior Associate
BRW Architects, Inc.
C
ONSTR�NC.
Jacobs
PROJECT SITE MAINTENANCE & ESTABLISHMENT
THE CITY OF
Anna
Again, we take pride in running a clean, safe, and well maintained project site. We treat everything as if it was our
own. We keep ourselves, our workers, our subcontractors, and anyone else entering the project site safe by
requiring proper PPE at all times (safety boots, vests, hard hats, and glasses as required by activities going on). In
the current Covid pandemic we are experiencing, we also take action to ensure our workers are in good health by
making sure they don't have any symptoms of Covid or any other illness prior to coming on site.
We will properly install and maintain SWPPP's on site at all times. It will be checked and adjusted daily by the site
superintendent, and we will have our SWPPP subcontractor inspect it and make any needed repairs after all rain or
weather events. It will be removed upon completion of the project and the areas restored to their original condition.
We will properly install and maintain Traffic Control throughout the project duration as well. We will submit TCP's
upon starting the project and once it is reviewed and approved, it will be installed accordingly. We have a working
relationship with Buyers Barricades and they take care of our requirements on all of our projects. Building that
relationship insures that we get what we need, when we need it, as things tend to pop up on you with projects
involving high volume pedestrian activities, so it is very important that we stay on top of traffic and pedestrian control.
If there are items that involve us removing, storing, and re -installing items, or protecting existing elements during
construction, we take proper care of them. This is very important to us because we do not want to have to buy or
replace these items if damaged. Again, we treat these items as if they were ours and we take extra care with them.
We will store them in secured, safe places and we will put them where they need to be in original condition.
Another very important item for us on this project is the establishment of the turf and landscaping items involved with
the project. Our team has worked on multiple projects for the City of Irving and we know how important this is to the
city. We are familiar with the protocols and special instructions the city has in place. We take all of this into
consideration during the installation of these items, from selection of the elements prior to bringing them on site, to
the installation process, and through the growing -in and maintenance period of these elements. This project is not a
large project, so the process will not be difficult. We don't anticipate any watering issues as it will all be accomplished
with temporary irrigation methods or hand watering until the permanent elements are up and running.
Jacobs
THE CITY OF
Anna
MRWBEi(6NUB a DBE
(:'llP1C,1IlY AIdr V�O<v4
D
bl 'S I'�,_ . lf�l E-!II-HISi so,m�a�e�.,a,��.ny u�a�,mia�a a�,m�srrom, w�nvmyrm,ryaw�ww,�y,rcy
A&C Construction, Inc. is an Hispanic Owned company. We do not currently have our Minority Certifications in place,
but that is something we are working on. However, we always make an effort to invite any and all minority owned
subcontractors to bid on our projects. We utilize bidding subscription platforms such as iSgFt and PlanHub, that will
intentionally send out our bid invitations to MWBE, HUB, NCTRCA, and DBE subcontractors all across the DFW
area. We typically always meet our MWBE goals on any project that has a goal percentage or requirement because
most of the subcontractors we utilize on our projects do have their certifications.
On this particular project, we will meet or exceed the Construction Goal of 30%.
Our sister company, Berumen Construction is MBE Certified and will be doing at least 30% of the project scope.
6AIA Document A310 TV - 2010
Bid Bond
CONTRACTOR:
SURETY:
(Name, legal status and address)
(Name, legal status and principal place
A&C Construction, Inc.
of business)
1400 W. living Blvd, Ste 402
Atlantic Specialty Insurance Company
Irving, TX 75061
605 Highway 16
Plymouth, MN 55441
OWNER:
(Name, legal status and address)
City of Anna
120 W. 7th Street
Anna, TX 75409
BOND AMOUNT: $ Five percent (5%)
of Bid Amount
PROJECT:
(Name, location or address, and Project number, if any)
City of Aetna Parks Project
The Contractor and Surety are bound to the Owner in the amount set forth above, for the
payment of which the Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, as provided herein. The
condition$ of this Bond are such that if the Owner accepts the bid of the Contractor
within, the, time specified in the bid documents, or within such time period as may be
agreed to by the Owner and Contractor, and the Contractor either (1) enters into a
contract with the Owner in accordance with the terms of such bid, and gives such bond or
bonds 'as may be specified in the bidding or Contract Documents, with a surety admitted
in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful
perfommitnce of such Contract and for the prompt payment of labor and material furnished
in, the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the
amount of this Bond, between the amount specified in said bid and such larger amount
foir which the 'Owner may in good faith contract with another party to perform the work
covered by said bid, then this ,obligation shall be null and void, otherwise to remain in full
force and effect. The Surety hereby waives any notice of an agreement between the
'Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver
of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the
aggregate beyond the time for acceptance of bids specified in the bid documents, and the
Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty
(60) days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term
Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be
deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement
in the location of the Project, any provision in this Bond conflicting with said statutory or
legal requirement shall be deemed deleted herefrom and provisions conforming to such
statutory or other legal requirement shall be deemed incorporated herein. When so
fiunished, the intent is that this Bond shall be construed as a statutory bond and not as a
common law bond.
AMMONS AND DELETIONS:
The author of this document has
added Information needed for its
completion. The author may also
have revised the text of the original
AIA standard form. An Addiflons and
WeWas Report that notes added
Information as well as revisions to
the standard form text is available
from the author and should be
reviewed. A vertical tine In the left
margin of this document indicates
where the author has added
necessary information and where
the author has added to or deleted
from the original AIA text.
This document has Important legal
consequences. Consultation with an
attorney Is encouraged with respect
to its completion or modification.
Any singular reference to
Contractor, Surety, Owner or other
party shall be considered plural
where applicable.
AIA Document A310TO - 2010. Copyright 0 1903.1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIAP
IntL Document Is protected by U.S. Copyright Law and International Troatles. Unauthorised reproduction or distribution of this AIA° Document, or any
portion of It. may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
Signed and sealed this 26th day of April, 2023
oil
Q.IZlf�i/L .
(Witness)
(Principal) (Seal)
(Title) 07
(Surety) (Seal)
Sam J. Sealer, Attomey in Fact
(77tle) �u
IML AIA Document A31WO — 2010. Copyright ®1903, 1970 and 2010 by The American Institute ct Architects. All rl" reserved. WARNING: This AIAB
Document is protected by U.B. Copyright law and International Treaties. Unauthorized reproduction or distribution of this AIO Document, or any
portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
User Notes: (877099080)
CINSURANCE
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth.
Minnesota, does hereby constitute and appoint: Sam Sealer, each individually if there be more than one named, its [me and lawful Attorney -in -Fact, to make, execute, seal and
deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or
undertaking executed under this authority shall exceed in amount the sum of: unffmiled and the execution of such bonds, recognizances, contracts of Indemnity, and all other
writings obligatory in the nature thereof in pursuance of these presents, shag be as binding upon said Company as if they had been fully signed by an authorized officer of the
Company and sealed with the Company seal.'Ibis Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of
ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: Thal the President, any Senior Vim President or Vice -President (each an "Authorized Offcer"i may execute for and in behalf of the Company any and
all bonds, recognizances, commas of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the
Authorized Officer may appoint and authorize an Attorney -In -Fact to execute on behalf of the Company any and all such instmments and to affix the Company
seal thereto; and that the Authorized Officer may in any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attomey-in-
F'act.
Resolved: That the Auomey-in-Fan may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds,
recngnivances, contracts of Indemnity, and all other writings obligatory in the nature thereof, and any such miumment executed by any such Auomey-In-Fun shall
be as binding upon the Company as if signed and seated by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit
required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY
INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seat may be affixed by
facsimile to any power of attorney or to any certificate relating thereto appointing an Auomey-in-Fact for purposes only of executing and scaling any bond,
undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company
as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though
manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company
to he affixed this twenty-seventh day of April, 2020.
105N,i ! INB"q
i G °SEALf m1
ss=
1986
STATE OF MINNESOTA
Paul J. Brehm. Senior Vice President
HENNEPIN COUNTY ` -rr *N,d
On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me
personally known to be the individual and officer described in and who executed the preceding Instrument, and he acknowledged the execution of the same, and being by me
duly swom, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the
signature as such officer was duly affixed and subscribed to the said Instrument by the authority and at the direction of the Company.
AUSONOWANNASH-TROUT
NOTARYPUBUC •1111NNEEOTA
My Commission Expires
January71, 202a
L�54'n4lw-
Notary Public
I, the undersigned. Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney Is in full
form and has not been revoked, and the resolutions set forth above am now In force.
Signed and sealed. Dated 26th day of April 2023
This Power of Attorney expires
January 31, 2025
/t'V Y Iii
fgw4�oPP00,t)F
SEAL m•
s 1986
1--?y +4"
f N f
Kara Bartow, Secretary
Please direct bond verifications to 5umtvllir a ctinsumnce r r m
VENDORS COMPLIANCE TO STATE LAW
Texas Government Code, Chapter 2252, Subchapter A provides that, in order to be awarded a
contract as low bidder, non-resident bidders (out of state Contractors whose corporate offices
or principal place of business are outside of the State of Texas) bid projects for construction,
improvements, supplies or services in Texas at an amount lower than the lowest Texas
resident bidder by the same amount that a Texas resident bidder would be required to
underbid a non-resident bidder in order to obtain a comparable contract in the state in which
the non-resident's principal place of business is located. The appropriate blanks in Section 4
must be filled out by all out-of-state or non-resident bidders in order for your bid to meet
specifications. The failure of out-of-state or non-resident Contractors to do so will
automatically disqualify that bidder. Resident bidders must check the box in Section B.
A. Non-resident vendors in
business, are required to be _
copy of the statute is attached.
(give state), our principal place of
percent lower than resident bidders by state law. A
Non-resident vendors in (give state), our principal place of
business, are not required to underbid resident bidders.
B. V Our principal place of business or corporate office is in the State of Texas.
BIDDER/OFFEROR:
A&C Construction, Inc.
Company
1400 W. Irving Blvd., St 2011
Jose Granados
(please print)
Signature:
Irving, Texas 75061 Title:
City State Zip
972-457-0423
Phone
President
(please print)
THIS FORM MUST BE RETURNED WITH YOUR QUOTATION
18
AFFIDAVIT AGAINST PROHIBITED ACTS
I hereby affirm that I am aware of the provisions of Texas Penal Code Section 36.02,
36.08, 36.09 and 36.10 dealing with Bribery and Gifts to Public Servants. I further affirm that I
will adhere to such rules and instruct and require all agents, employees, and sub -contractors to
do the same. I am further aware that any violation of these rules subjects the Contract
Agreement for this project to revocation, my removal from bid lists, prohibiting future
contract/subcontract work, revocation of permits, and prosecution.
ATTEST (if corporation)
�Ct►on
V _.o �h
- •c, 0'% -
Date
Date
22
EXHIBIT B
BID PROPOSAL
FOR
City of Anna Parks
(Natural Springs Park, Slayter Creek Park & Henry Clay "Yank" Washington Park)
Recapitulations
TOTAL BASE BID
TOTAL BID ALTERNATE 01
TOTAL BID ALTERNATE 02
$3J)5z)31o, 00
g 9Pj 840, oo
$ (�162.d,00
Notice of award will be mailed to the undersigned at the following addresses:
A&C Construction, Inc.
Contractor
By: I A
1400 W. Irving Blvd., Irving, TX 75061
Principal Place of Business
(Corp. Seal if Bidder is
Attest:
Secretary:'~
TEXR��z.
Acknowledgment is herebj tngda of)'Leipt of the following Addenda, if any:
No
M
No.
1
Date: 4/21 /23
Date:
Date:
List Subcontracts (Company name, contact number and type of work):
a
QUALIFICATION STATEMENT OF BIDDERS
CIRCLE ONE: Sole Proprietor Partnershi Cor oration Joint Venture
NAME:
ADDRESS:
CITY:
PHONE:
PRINCIPAL PLACE OF BUSINESS:
PARTNER:
ADDRESS:
CITY:
PHONE:
PRINCIPAL PLACE OF BUSINESS:
COUNTY STATE COUNTY STATE
IF THE CONTRACTOR IS A CORPORATION, FILL OUT THE FOLLOWING:
STATE OF INCORPORATION: Texas
LOCATION OF PRINCIPAL OFFICE: 1400 W. Irving Blvd., Irving, Dallas County, TX 75061
CONTACT PERSONS AT OFFICE: David Stanfield -Vice President
PERSON EXECUTING CONTRACTS ON BEHALF OF CORPORATION:
NAME: Jose Granados ADDRESS: 1400 W. Irving Blvd., St 201,
TITLE: President Irving, Texas 75061
CITY STATE ZIP
PHONE: 972-457-0423 or 469-921-5568
NAMES OF OFFICERS: (IF APPLICABLE) Jose Granados, President
David Stanfield - Vice President
LIST NUMBER OF EMPLOYEES WORKING FOR CONTRACTOR: 18
NUMBER OF YEARS IN BUSINESS AS A GENERAL CONTRACTOR ON PROJECTS
SIMILAR TO THIS PROJECT: 7 Years + as a General Contractor
20 Years + as a Subcontracting Company under Same Ownership
11
LIST RECENTLY COMPLETED PROJECTS OF THE TYPE OF WORK QUALIFYING FOR
OR SIMILAR WORK, PLUS THE FOLLOWING INFORMATION FOR EACH PROJECT:
PROJECT: Oak Meadows Park Trail
OWNER/ENGINEER: City of
YEAR BUILT: 2022
Architect
PRICE: $343,450
CONTACT PERSON: Terry Read PHONE: 972-721-2717 tread@cityofirving.org
PROJECT: City Hall Landscape/Hardscape Renovations
OWNER/ENGINEER: _City of Irving -Gene Moulden, City Landscape Architect
YEAR BUILT: 2022 CONTRACT PRICE: $451,995
CONTACT PERSON: Gene Moulden PHONE: 972-721-2719 gmoulden@cityofirving.org
PROJECT: Allen Heritage Village Pavilion Improvements
OWNER/ENGINEER: City of Allen - Matt McComb
YEAR BUILT: 2023 CONTRACT PRICE: $358,830
CONTACT PERSON: Matt McComb PHONE: 214-509-4721 mmccomb@cityofallen.org
PROJECT: Koan School - Facility Upgrades and New Building
OWNER/ENGINEER: The Koan School - Design/Build Project by A&C
YEAR BUILT: 2022 CONTRACT PRICE: $1,073,924
CONTACT PERSON: Greg Gullion - School Director PHONE: 940-597-9184 greg.gullion@koanschool.org
(USE ATTACHMENTS IF NECESSARY)
LIST INCOMPLETE PROJECTS, PLUS THE FOLLOWING INFORMATION FOR EACH
PROJECT LISTED:
PROJECT: Mi Familia Park - Phase 1 Improvements Will be done by June and waiting for playground equipment
OWNER/ENGINEER: City of Grand Prairie - TBG Partners Landscape Architects
PERCENT COMPLETE: 40% CONTRACT PRICE: $2,056,320
CONTACT PERSON: Steve Plumber, Park Manager PHONE: 972-237-8392 splumer@GPTX.org
PROJECT: Apollo Road Property Soccer Fields & Parking Lots Just Starting - Done by end of July
OWNER/ENGINEER: City of Richardson - Dunaway & Associates
PERCENT COMPLETE: 0% CONTRACT PRICE: $1,122,484
CONTACT PERSON: Paul Nassauer, Parks Planner PHONE: 972-744-4311 paul.nassauer@cor.gov
PROJECT: Onion Shed and Rambler Park Just Starting - Done by end of July
OWNER/ENGINEER: City of Farmersville -Dunaway & Associates
PERCENT COMPLETE: 0% CONTRACT PRICE: S342,500
CONTACT PERSON: Eddy Daniel, Engineer PHONE: 972-782-4683 edaniel@dunaway.com
(USE ATTACHMENTS IF NECESSARY)
12
HAVE YOU OR ANY PRESENT PARTNER(S) OR OFFICER(S) FAILED TO COMPLETE A
CONTRACT? No, never
IF SO, NAME OF OWNER AND/OR SURETY:
CONTACT PERSON:
PHONE:
ARE THERE ANY UNSATISFIED DEMANDS UPON YOU AS TO YOUR ACCOUNTS
PAYABLE? No, none
IF SO, GIVE NAMES, AMOUNTS, AND EXPLANATIONS:
BANK REFERENCE: Bank: Bank of America
Address:
City: Irving State: TX Zip:
Contact Person: Lola Delamo - lola.delamo@bofa.com
Phone: 469-267-3403
MUNICIPALITY REFERENCE
Contact Person: Gene Moulden
Address: 825 W. Irving Blvd., Irvin
City: City of Irving
Position: City Planning Manager
TX Phone: 972-721-2719
OTHER CREDIT REFERENCES
Name: Acme Brick - Scott Yung
Address:
isyoung(cDbrick.com
Phone: 940-391-2410
Name: Horton Building Supply - Jason Fletcher
Address:
jetcher@hortonbuildingsupply.com
Phone: 214-363-6180
13
In compliance with Invitation to Bid for above mentioned types of projects, the undersigned is
submitting the information as required with the understanding that the purpose is only to assist
in determining the qualifications for this organization to perform the type and magnitude of
work designated, and further, guarantee the truth and accuracy of all statements made, and
will accept your determination of qualifications without prejudice. The surety herein named,
any other bonding company, bank, sub -contractor, supplier, or any other person(s), firm(s) or
corporations with whom I (we) have done business, or who have extended any credit to me
(us) are hereby authorized to furnish you with any information you may request concerning
performance on previous work and my (our) credit standing with any of them; and I (we)
hereby release any and all such parties from any legal responsibility whatsoever on account of
having furnished such information to you.
Signed: - �•
Company: A&C Construction, Inc.
Title: Vice President
Date: 5/2123
14
QUALIFICATION STATEMENTS OF PERSONNEL
(Resumes may be submitted in lieu of these forms)
PROJECT MANAGER
NAME: David Stanfield
YEARS WITH COMPANY: 1 Year & 6 Months
YEARS IN CURRENT POSITION: 15+
EXPERIENCE ON SIMILAR PROJECTS
PROJECT: Mi Familia Park - Phase 1 Improvements
City of Grand Prairie
PROJECT
DESCRIPTION: New Walking Trails, Monument Sign, Playground, Retaining Walls, Site Lighting,
Site Drainage, Landscaping, & Irrigation at a City Park
DATE COMPLETED: Current
PROJECT COST: $2,056.320
PROJECT: Canyon Falls Park
City of Flower Mound
PROJECT
DESCRIPTION: New Walking Trails, Monument Sign, Playground, Retaining Walls, Site Lighting,
Site Drainage, Landscaping, Irrigation, Restroom Building, Pavilion, Exercise Equipment Sites,
Splashpad, and Site Furnishings at a City Park
DATE COMPLETED: 2021
PROJECT COST: $2,574,800
PROJECT: Delaware Creek Park Trail
City of Irving
PROJECT
DESCRIPTION: New Walking/Biking Trails (2 Miles), 100 LF Pedestrian Bridge, Masonry Columns,
Site Furnishings, Site Drainage, Landscaping, Railings, and Fencing at a City Park
DATE COMPLETED: 2020
PROJECT COST: $1,734,350
15
QUALIFICATION STATEMENTS OF PERSONNEL
(Resumes may be submitted in lieu of these forms)
SUPERINTENDENT
NAME: Miguel Meaves
YEARS WITH COMPANY: 1 Year & 6 Months
YEARS IN CURRENT POSITION: 10+
EXPERIENCE ON SIMILAR PROJECTS
PROJECT: Mi Familia Park Improvements -City of Grand Prairie
PROJECT
DESCRIPTION: New Walking Trails, Monument Sign, Playground, Retaining Walls, Site Lighting,
Site Drainage, Landscaping, & Irrigation at a City Park
DATE COMPLETED: Will be done by June and waiting for playground equipment
PROJECT COST: $2,056,320
PROJECT: Oak Meadows Park Trail
PROJECT
DESCRIPTION: City Park with Walking Trails, Exercise Pads, Playground, Landscaping
DATE COMPLETED: December 2022
PROJECT COST: $343,450
PROJECT: Irving City Hall Paving and Landscape Improvements
PROJECT
DESCRIPTION: Complete Demo and Redo of Sidewalks, Hardscapes, Site Lighting, Landscaping,
Irrigation, Site Furnishings, Site Artwork/Sculptures around City Hall Complex
DATE COMPLETED: October 2022
PROJECT COST: $451,995
These are his last few projects, but there are many more similar that he has built. 16
QUALIFICATION STATEMENT OF BIDDER'S SURETY
SUBMITTED TO: City of Anna
BIDDER: A&C Construction, Inc.
ADDRESS: 1400 W. Irving Blvd., Irving, Dallas County, TX 75061
PHONE: 972-457-0423
1. Has this surety furnished contract bonds on contracts now complete?
2. Has this surety furnished contract bonds on contracts now incomplete?
3. What is the maximum bonding capacity of this Contractor?
4. Is the current financial information on this Contractor satisfactory?
5. Does information obtained indicate accounts are paid when due?
If not, give details:
fi. Is it your opinion that the bidder has sufficient experience and financial resources to
satisfactory perform the contract?
7. Provided this bidder does not assume other commitments or that you do not acquire
further information that in your opinion will materially affect the bidder's capacity to perform this
contract, will you furnish the bonds as specified?
REMARKS:
SURETY: _
SIGNED: _
TITLE:
ADDRESS:
CITY STATE ZIP
PHONE:
(IN DUPLICATE)
17
VENDORS COMPLIANCE TO STATE LAIN
Texas Government Code, Chapter 2252, Subchapter A provides that, in order to be awarded a
contract as low bidder, non-resident bidders (out of state Contractors whose corporate offices
or principal place of business are outside of the State of Texas) bid projects for construction,
improvements, supplies or services in Texas at an amount lower than the lowest Texas
resident bidder by the same amount that a Texas resident bidder would be required to
underbid a non-resident bidder in order to obtain a comparable contract in the state in which
the non-resident's principal place of business is located. The appropriate blanks in Section 4
must be filled out by all out-of-state or non-resident bidders in order for your bid to meet
specifications. The failure of out-of-state or non-resident Contractors to do so will
automatically disqualify that bidder. Resident bidders must check the box in Section B.
A. Non-resident vendors in
business, are required to be _
copy of the statute is attached.
(give state), our principal place of
percent lower than resident bidders by state law. A
Non-resident vendors in I (give state), our principal place of
business, are not required to underbid resident bidders.
B. V Our principal place of business or corporate office is in the State of Texas.
BIDDER/OFFEROR:
A&C Construction, Inc.
Company
1400 W. Irving Blvd., St 201,
Irving, Texas 75061
City State Zip
972-457-0423
Phone
By. Jose Granados
(please print)
Signature:
Title: President
(please print)
THIS FORM MUST BE RETURNED WITH YOUR QUOTATION
18
CERTIFICATE OF INTERESTED PARTIES
FORM '1295
19
CERTIFICATE OF INTERESTED PARTIES FORM 1295
OFFICE USE ONLY
Complete Nos. 1 - 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
I Name of business entity filing form, and the city, state and country of the business
entity's place of business.
2 Name of governmental entity or state agency that is a party to the contract for
which the fornt is being filed.
SAW*
3 Provide the identification number used by the governmental entity or state agency to kd dentify the contract,
and provide a description of the services, goods, or other property to be provided a contract.
ml,,
N " V,
4
City, State, Country
ature of Interest (check applicable)
Name of Interested Party
(place of business)
C10
C
Controlling
Intermediary
'tA
5
Check only €ftttere I tented Party.
❑
G UNSWORN DEC�I� N
My name Is and my date of birth is
My addr,
✓� (street) (city) (state) (z(p code) (country)
d 'Under penalty of e u that the foregoing is true and correct.
P uY P d ry S� 9
Executed In County, State of , on the day of .20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
ADD ADDITIONAL PAGES AS NECESSARY
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 17/222017
20
AFFIDAVIT AGAINST PROHIBITED ACTS
21
AFFIDAVIT AGAINST PROHIBITED ACTS
I hereby affirm that I am aware of the provisions of Texas Penal Code Section 36.02,
36.089 36.09 and 36.10 dealing with Bribery and Gifts to Public Servants. I further affirm that
will adhere to such rules and instruct and require all agents, employees, and sub -contractors to
do the same. I am further aware that any violation of these rules subjects the Contract
Agreement for this project to revocation, my removal from bid lists, prohibiting future
contract/subcontract work, revocation of permits, and prosecution.
Signature
Date
ATTEST (if corporation) Date
22
PROPOSAL AND BID FORM
23
Proposal of
PROPOSAL AND BID FORM
A&C Construction, Inc.
Address: 1400 W. Irving Blvd., St 201, Irving, TX 75061
(hereinafter called 'Bidder").
To the Honorable Mayor and City Council
City of Anna, Texas (hereinafter called "Owner")
Deadline for Submission of Bid and Bid Opening: April 26, 2023
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of:
City of Anna Parks
Natural Springs Park: Small parking lot with lighting, erosion control, irrigation & landscaping.
Slayter Creek Park: Large parking lot expansion with lighting, address drainage issues, nine
pickleball courts and two full-size basketball courts; remove existing gazebo.
Henry Clay "Yank" Washington Park: A half -court basketball court, pedestrian connection to a
new trail around an existing playground, relocation of irrigation heads, benches, and trash
cans; additional site furniture and drinking fountains.
for the City of Anna, Texas, having carefully examined the plans, specifications, notice to
bidders, invitation to bid 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.
The Bidder binds himself on acceptance of his proposal to execute the Contract
Agreement and any required bonds, according to the accompanying forms, for performing and
completing the said work within the time stated and for the prices stated in Exhibit "A" of this
proposal.
Bidder hereby agrees to commence the work on the above project within ten (10) days
of receipt of written "Notice to Proceed" and to fully complete the project within 180
consecutive calendar days, thereafter as stipulated in the specifications and other contract
documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum
specified for each calendar day in excess of the time set forth hereinabove for completion of
this project, all as more fully set forth in the general conditions of the contract documents.
LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME: The time
of completion is of the essence for this project. For each day that any work shall
remain uncompleted after the time specified in the proposal and the Contract
Agreement, or the increased time granted by the OWNER, or as equitably
24
increased by additional work or materials ordered after the Contract Agreement
is signed, the sum per day shall of $500 shall be deducted from the monies due
the CONTRACTOR:
The sum of money thus deducted for such delay, failure or non -completion is not
to be considered as a penalty, but shall be deemed, taken and treated as
reasonable liquidated damages, per day that the CONTRACTOR shall be in
default after the time stipulated in the Contract Agreement for completing the
work. The said amounts are fixed and agreed upon by and between OWNER
and CONTRACTOR because of the impracticability and extreme difficulty of
fixing and ascertaining the actual damages the OWNER in such event would
sustain; and said amounts are agreed to be the amounts of damages which the
OWNER would sustain and which shall be retained from the monies due, or that
may become due, the CONTRACTOR under the Contract Agreement; and if said
monies be insufficient to cover the amount owing, then the CONTRACTOR or its
surety shall pay any additional amounts due.
In the event that the actual damages incurred by the OWNER exceed the amount
of liquidated damages, OWNER shall be entitled to recover its actual damages.
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 and to
waive any informality in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a
period of sixty (60) calendar days from date of bid opening until the date that the project
is awarded by the City Council.
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
proposed, as provided in the contract documents.
Associated with this proposal is a Cashier's Check or Certified Check for: 5% Greatest
Amount Bid Dollars ($5% GAB), 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 bond (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.
25
Bidder's bond must be post marked by the date of bid closing and mailed to:
City Hall
Attn: Alan Guard
120 W 7th St
Anna, TX 75409
Bidder understands and agrees that the Contract Agreement to be executed by Bidder
shall be bound and include all contract documents made available to him for his inspection in
accordance with the Invitation to Bid.
The Contractor's attention is called to the fact that any estimate of quantities of work to
be done and materials to be furnished under the specifications as shown on the Proposal, or
elsewhere, is approximate only and not guaranteed. The Owner does not assume any
responsibility that the final quantities shall remain in strict accordance with the estimated
quantities, nor shall the Contractor plead misunderstanding or deception because of such
estimate of quantities or of the character, location of the work or other conditions pertaining
thereto. Payment will be made on actual quantities installed at the unit bid price, and no claim
will be made for anticipated profits for any decrease in profits.
It is understood that the following quantities of work to be done at unit prices are
approximate only and are intended principally to serve as a guide in evaluating bids.
It is further agreed that the quantities of work to be done at unit prices and materials to
be furnished may be increased or diminished as may be considered necessary, in the opinion
of the Landscape Architect, to complete the work fully as planned and contemplated, and that
all quantities of work, whether increased or decreased are to be performed at the unit bid
prices.
26
EXHIBIT A
BID PROPOSAL
FOR
Natural Springs Park
a BID ITEMS
ITEM
NO.
EST.
CITY.
UNIT
DESCRIPTION
UNIT
PRICE
AMOUNT
0.00 Mobilization
0.00
1.00
LS
Mobilization -10% of base bid construction
$19,320.00
$1s,320.00
1.00 SWPPP
1.01
467
LF
Erosion Control Fencing - Silt Fencing
includes removal and occasional replacement
$3.00
$1,401.00
1.02
1
EA
Construction Entrances - Including staging
area
$2,135.00
$2,135.00
1.03
1
EA
Inlet Protection
$130.00
$130.00
2.00 Demolition
2.01
257
CY
Remove Existing Sod/Gravel - strip 4" and
haul off -site
$28.00
$7.1ss.00
2.02
725
LF
Construction Fence - Fence of entire park
$8.00
$5,800.00
2.03
171
LF
Metal Railing Removal
$5.00
$855.00
2.04
300
LF
Tree Protection Fence
$3.00
$900.00
2.05
1
EA
Remove Existing Tree
$1,200.00
1 $1,200.00
2.06
142
CY
Earthwork - Fill
$61.00
$2,562.00
3.00 Parking Lot and Flatwork Construction
3.01
2,005
SY
Concrete Parking Pavement - 5" reinforced
concrete w/6" lime stabilized subgrade
$78.00
$156,390.00
3.02
788
LF
6" Concrete Curb and Gutter
$18.50
$14,578.00
3.03
177
SY
Concrete Sidewalk
$76.00
$13,452.00
3.04
8
EA
Sidewalk Rams
$610.00
$4,880.00
3.05
4
EA
Ground Sign - ADA Parkin Sin
$427.00
$1,708.00
3.06
884
LF
Parking Lot Striping - 33'x18x10x20'
$0.50
$442.00
3.07
14
1
1Accessible Pavement Marking
$155.00
$620.00
3.08
1.7
CY
RipRap$1,220.00
$2,074.00
4.00 Utilities and Draina e
4.01
1
LS
Li hting
$8,300.00
$8,300.00
4.02
1
EA
Light Pole Foundation
$2,200.00
$2,200.00
4.03
400
LF
Conduits 1" RMC-LF
$7.50
$3,000.00
4.04
1200
LF
Wires #8 AWG
$10.00
$12,000.00
4.05
1
LS
General electrical (Coupling, straps, wire
connectors etc.
$6,200.00
$6,200.00
4.06
1 1
EA
I Pullbox precast reinforced concrete
$2,200.00
$2,200.00
4.07
1 1
EA
I Breakers 20A/2P
$185.00
$185.00
5.00 Landscape Elements
rri
5.01
570
SY
Bermuda Grass Sod — As indicated on plans
with 2" depth of soil prep
$10.00
$5,700.00
5.02
12
EA
Trees — 3 in caliper
$1,098.00
$13,176.00
5.03
5,561
SF
Irrigation
$6.00
$33,366.00
28
Slayter Creek Park
a) BID ITEMS
ITEM
NO.
EST.
CITY.
UNIT
DESCRIPTION
UNIT
PRICE
AMOUNT
0.00 Mobilization
0.10
1.00
LS
Mobilization - 10% of base bid construction
$79,890.00 $79,890.00
1.00 SWPPP
1.01 11
EA
Construction Entrance
$1,800.00
$1,800.00
1.02 11437
1 LF
I Silt Fencing
$3.00
$4,311.00
2.00 Demolition
2.01
1359
CY
Remove Existing Turf - strip 4 inches from
and dispose off -site
$25.00
$33,975.00
2.02
538
SY
Remove Existing Pavement (Parking Lot) -
saw, cut and remove
$33.50
$18,023.00
2.03
2322
LF
Construction Fence - Fence of entire park
$6.50
$15,093.00
2.04
160
LF
Existing 6' Curb Removal Parkin Lot
$27.00 1
$4,320.00
2.05
1,541
LF
Existing Wood Fence Removal
$3.00
$4,623.00
2.06 16
EA
Existing Tree Removal
$1,026.00
$5,130.00
2.07 1
1
LS
Tree Protection Fence
$1,350.00
$1,350.00
2.08 1801
CY
Earthwork - Cut
$24.00
$19,224.00
3.00 Flat Work Construction
3.01
367
LF
Mowstri 12" wide
$22.00
$8,074.00
3.02
200
LF
Mowstrip curb wall 12"wide
$32.40
$6,480.00
3.03
1,735
LF
Curb and gutter 6"(parking)
$16.20
528,107.00
3.04
6,808
SY
Concrete Parking Pavement - 6" reinforced
concrete w/6" lime stabilized subgrade
$70.00
$476,560.00
3.05
5
EA
ADA Pavement Marking
$135.00
$675.00
3.06
15
EA
I Wheel Stop Typ.
$189.00
$945.00
3.07
5
EA
ADA Ground Sin
$378.00
$1,890.00.
3.08
5
EA
Crosswalk Marking
$270.00
$1 350.00
3.09
4328
LF
Parking Stall Striping
$0.50
$2,164.00
3.10
7
EA
Barrier Free Ram
$540.00
$3,780.00
3.11
1357
SY
Concrete Pathway/Sidewalk - Medium Broom
Finish Y4"x1" sawcut score joints
$68.00
$92,276.00
3.12
1078
CY
Pickleball + Basketball court slab; 5" Post
Tension Slab + Beams
$556.00
$599,368.00
3.13
1 3998
SY
Pickleball and Basketball Court Surfacing
$40.00
$159,920.00
3.14
1457
SY
Tennis Court Resurfacing; at existing tennis
courts
$40.00
$58,280.00
4.00 Architecture Elements
4.01
9
EA
Pickleball Net Assembly
$510.00
$4,590.00
4.02
2
EA
Basketball Goal Assembly
$3,700.00
$7,400.00
4.03
3
EA
Tables
$2,600.00
$7,800.00
4.04
1
EA
Drinking Fountain
$3,500.00
$3,500.00
29
4.05
9
EA
Waste Receptacle
$1,512.00
$13,608.00
4.06
9
EA
Benches- Backless
$1,782.00
$16,038.00
4.07
20
EA
Benches- Backed
$1,890.00
$37,800.00
4.08
1037
LF
Chain Link Fence 10' Tall Vinyl Coated
$100.00
$103,700.00
4.09
477
LF
Chain Link Fence 4' Tall Vinyl Coated
$43.00
$20,511.00
4.10
8
EA
Chain Link Fence Gate 10' Tall Vinyl Coated
$1,350.00
$10,800.00
4.11
1037
LF
Windscreen ickleball + bball courts
$17.00
$17,629.00
4.12
1457
1 LF
I Windscreen tennis court
$11.00
$5,027.00
4.13
2
I EA
Tennis Net Assembly
$583.00
$1,166.00
5.00 Landscape Elements
5.01
52
EA
Trees - 3 in caliper
$756.00
$39,312.00
5.02
11
EA
Trees - 2 in caliper
$648.00
$7,128.00
5.03
4,143
SY
Bermuda Grass Sod -As indicated on plans
with 2" depth of soil prep; includes adjustment
of existing irrigation for establishment
$8.00
$33,144.00
5.04
1,295
SF
Shrubs/Ground Cover
$16.20
$20,979.00
5.05
1 17,554
1 SF
I Irri ation
$3.50
$61,439.00
6.00 Utilities
6.01
1
LS
Lighting (Sport Court Lighting with (11) 25'
poles; 9 Tree U li hts
$82000.00
$82,000.00
6.02
1
LS
Light Controls Allowance
$9,000.00
$9,000.00
6.03
14
EA
Light Pole Foundations
$1,296.00
$18,144.00
6.04
4,000
LF
Conduits 1" RMC-LF
$6.50
$26,000.00
6.05
12,000
LF
Wires #8 AWG
$8.64
$103,680.00
6.06
1
LS
General electrical (Coupling, straps, wire
connectors etc.
$7,000.00
$7,000.00
6.07
126
EA
Pullbox precast reinforced concrete
$1,944.00
$50,544.00
6.08
6
EA
Breakers 20A/2P and 20A/1
$162.00
$972.00
6.09
1
EA
Irrigation Controller Grounding
$1,000.00
$1,000.00
6.10
153
LF
2" PVC Water
$54.00
$8,262.00
6.11
1
EA
Allowance for Outlets
$5,400.00
$5 400.00
6.12
2
EA
5' Curb Inlet
$6,480.00
$12 960.00
6.13
1
EA
Storm Drain Manhole
$13,500.00
$13,500.00
6.14
1200
LF
Storm Water Pie 18" -18" HDPE Pie
$172.80
$34560.00
6.15
2
EA
Catch Basins
$3,780.00
$7,560.00
6.16
6
EA
Trench Drain
$5,940.00
$35,640.00
6.17
1
EA
Drain Outlet; 6MD3P 6 C900 Pipe HDPE
Grate 3:1 - Light Grey$1,500.00
$1,500.00
6.18
80
LF
4" HDPE Pie
$75.60
$6,048.00
6.19
360
LF
6" HDPE Pie
$86.40
$31,104.00
6.20
1
EA
4"x6" HDPE Tee
$1,300.00
$1,300.00
6.21
3
EA
City Standard Fire Hydrant
$7,020.00
$21,060.00
6.22
3
EA
6" Gate Valve on Hydrant Lead
$3,240.00
$9,720.00
6.23
242
ILF
16" PVC AWWA C900, minimum DR18
1 $86.00
$20,812.00
6.24
1
1 EA
6" 90 Bend
1 $1,025.00
$1 025.00
30
Henry Clay "Yank" Washington Park
a BID ITEMS
ITEM
NO.
EST.
CITY.
UNIT
DESCRIPTION
UNIT
PRICE
AMOUNT
0.00 Mobilization
0.10
11.00
LS I
Mobilization -10% of base bid construction
$28,000.00
$28,000.00
1.00 SWPPP
1.01
719
LF
Erosion Control Fencing - Silt Fencing
includes removal and occasional replacement
$3.00
$2,157.00
1.02
1
EA
Construction Entrances - Includes staging
area
$3,000.00
$3,000.00
2.00 Demolition
2.01
96
CY
Remove Existing Sod - strip 4" and haul off-
site
$28 75
$2,7so.00
2.02
642
LF
Construction Fence - Fence of entire park
$8.00
$5,136.00
2.03
17
SY
Remove Existing Concrete - remove 6" curb
around playground
$39.00
$663.00
2.04
3
EA
Remove Existing Bench - remove and turn
over to the C'
$185.00
$sss.00
2.05
2
EA
Remove Existing Trash Receptacle - remove
and turn over to the City
$187.50
$375.00
2.06
10
EA
Tree Protection
$187.50
$1.875.00
2.07
136
1 CY
Earthwork - Fill
$65.00
$8,840.00
2.08
1
1 EA
Remove and Reinstall Pet Waste Station
$300.00
$300.00
3.00 Flat Work Construction
3.01
83
LF
12" Concrete Mow curb
$25.00
$2,075.00
3.02
49
CY
Playground sidewalk w/ perimeter beam - 6"
sidewalk with integral 18" perimeter beam
$570.00
$27,930.00
3.03
39
SY
Concrete Sidewalk
$79.00
$3,081.00
3.04
130
CY
Basketball Court - Post - Tensioned Slab
$650.00
$84,500.00
3.05
367
SY
Basketball Court- Surfacing
$65.00
$23,855.00
4.00 Architecture Elements
4.01
80
LF
Fence - 6' Vin I Coated Chain Link
$110.00
$8,800.00
4.02
3
EA
Benches - Backed 70" backed bench
w/armrest
$2,300.00
$6,900.00
4.03
2
EA
Benches - Backless - 70" backless bench
$2 200.00
$4,400.00.
4.04
2
EA
Waste Receptacle
$2,000.00
$4,000.00
4.05
1
EA
Drinking Fountain
$5,so0.o0
$5,500.00
4.06
1
EA
Basketball Goal Assembly$4,500.00
$4,500.00
5.00 Landscape Elements
5.01
180
SY
Bermuda Grass Sod - 2' width repair on edge
of concrete work with 2" depth of soil pre
$16.00
$2,880.00
5.02
1
LS
irrigation Cap and Repair Allowance
$7 500.00
$7,500.00
5.03
10
CY
Fiber Replacement
$140.00
$1,400.00
31
6.00 Draina e
6.01
250
LF
Playground Underdrain
$150.00
$37,500.00
6.02
1
EA
Drain Outlet — 6MD3P 6" C900 Pipe HDPE
Grate 3:1 — Light Grey
$3,888.00
$3,888.00
Lighting — Bid Alternate 01 $99,4840.00
7.01
1
LS
Lighting — Lighting w/ (6) 10' poles around
playground + 2 25' poles at bball court
7.02
1
LS
Lighting Controls Allowance
7.03
8
EA
Light Pole Foundations
7.04
8
EA
Pullbox precast reinforced concrete
7.05
500
LF
RMC 1" conduit
7.06
1,500
LF
Wires #8 AWG
7.07
1
EA
Electrical commodity (Connectors, breakers
etc.
7.08
1
EA
Utility GCEC coordination allowance
8.00 Utilities
— Bid
Alternate 02 $16,620.00
8.01
140
LF
1" HDPE SDR 9 water
8.02
1
EA
1 "x2" Tee
8.03
1
EA
1" City Standard Gate Valve
8.04
1
EA
3/4" City Standard Water Meter
8.05
1
EA
Pressure Reducing Valve
Construction Schedule: Work must be completed within 180 consecutive calendar days after
notification period of 10-days has passed.
32
EXHIBIT B
BID PROPOSAL
FOR
City of Anna Parks
(Natural Springs Park, Slayter Creek Park & Henry Clay "Yank" Washington Park)
Recapitulations
TOTAL BASE BID $
TOTAL BID ALTERNATE 01
TOTAL BID ALTERNATE 02
Notice of award will be mailed to the undersigned at the following addresses:
A&C Construction, Inc.
Contractor
1400 W. Irving Blvd., Irving, TX 75061
Principal Place of Business
(Corp. Seal if Bidder is Corporation)
Attest:
Secretary:
Acknowledgment is hereby made of receipt of the following Addenda, if any:
No. 1 Date: 4/21/23
No.
Date:
Date:
List Subcontracts (Company name, contact number and type of work):
33
REQUEST FOR CERTIFICATE OF EXEMPTION FROM TEXAS
LIMITED SALES, EXCISE AND USE TAX
Date:
TO: Attn: Alan Guard
City Hall
120 W. Seventh St
Anna, TX 75409
RE: City of Anna Parks
(Natural Springs Park, Slayter CreekPark, and Henry Clay "Yank" Washington Park)
The undersigned Contractor hereby requests a Certificate of Exemption from the Texas Limited Sales,
Excise, and Use Tax in the amount of
($ ) which is an
amount not exceeding the contract price of all materials and other tangible personal property to be
furnished in connection with the subject property.
The undersigned hereby represents that such materials and property have been or will be utilized in the
performance of the Contract Agreement to the full extent or the amount for which such Certificate of
Exemption is requested.
Company
By:
Signature:
Title:
Address:
(Please Print)
(Please Print)
City State Zip
Phone/Fax
Email Address
(Seal if Corporation)
34
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jna Parks Project - Preliminary
;hedule
Task Name Start Date End Date
Alp, May Jun J.1 Aug Sep Od Nov D.c
— Anna Parks Pmjact 06
i= Slott Aeb 08H923 0711423 I�
Notice to Proceed
Submittal Process
D611923
06/1923
0611923
0711423
L-i Nebirel Springs Park
0611923
08/18123
!,
'
.-
__ 1
Mobilization - Erosion Control, Tree Protection, Traffic
Control, Temp Fence. Mark Whim Ell
OB/1S23
062323
Demo & Remove Existing Sod/Gravel, Metal Rails, Trees.
Ship 4' from Site, or any other Items as Required by the
Demo Plans
OB2623
08/3023
Excavation l lime at Parking Lot/site Graduq
01111=3
072123
-
Layout Form. & Pour Ne Concrete Curb & Gutter, Sidewalks,
Light Pole Basis, Ramps, and Parking Lot
072423
o8104/23
Layoul, Trench, & Set Irnigztion System —_
072423
08104f23
—
Leycul, Trench, & Install Electrical Service
072423
0810423
Install Light Pole and Fixture
08107/23
OBN723
Install Landscaping Items - Sat, Trees, Ell
08/07/23
08/1123-
Install Parking Lot Items - Striping, Markings, Sigmge, Elk.
08/0723
08I1123
She Cleanup, Internal Punch, Inspections, Etc.
08/14/23
08/la23
[-' Nervy ClayWaahlrglen Pork
0812123
1110723
... _.....-_.
Mobilization - Erosion Control, Tree Protection. Traffic
Control, Temp Fence, Mark Lttilides, Etc.
08/21/23
o825123
Demo & Remove Existing Concrete Items. Site Furnishings,
Trees. Strip 4' iron Silo. or any other kerns asRequired by
the Demo Plain
o82823
09/0123
Excavation I Site Grading
09/04/23
09/15M
Layout, Form, & Pour the Concrete Maw Curb, Playground
Perimeter Seams, Sidewalks, Light Pole Base, and
Baekeroall Cast
0911823
1011323
—
y
Layout Trench, & Instal Underground WON
091/823
10IM3
- --
--
�
—
Layout, Trench, & Install Electrical Service
09/1110
101=3
Layout. Trench. & Install Playground Drainage
o9/te23
1OM3
--
Adlust I Repair Irrigation System
10/0823
10/1023
Install New Sod
10/1123
1011223
Install Light Poles & Fixtures
101=3
102023
Install New Chain Link Fencing & Gates
1011623
102523
Basketball Court Surfacing
101200
10/2723
Install all Site Fumistdngs
lop=
1013123
Site Cleanup, Internal Punch, Inspections, Etc.
1110123
1110723
j-. SkyWCrwk Park
0611923
ll2423
l
Mobilization -Erosion Control, Tree Pnalec6on,Trellk
Control, Temp Fence, Mark Utilities, Ell
0611923
082323
Demo & Remove Existing Concrete Item, Site Furnishings,
Twee. Wad Fence, Strip 4' hen Site, a any other hems as
Required by one Demo Plans
062823
0710723
Excavation I Lane at Padding Lot / Site Grading
0711023
0810423
Layout Form, & Pour the Concrete Mow Curb, Curb & Guaar,
Ramps, Sidewalks, Light Pole Base. and PidOeball +
Basketball Courts
08107/23
09115/23-
Layout Trench, & Install Underground Utilities
0810723
0911523
Layout Trench, & Install Electrical Service
08/07/23
OW1523
Layout, Trench, & Install Initiation
0810723
0911523
Install Light Poles & Fixtures
09/18/23
IOMW3
Install New Chain Link Fencing. Gales, & Windscreens
1010923
1020123
Basketball, Pickleball, & Tennis Court Surfacing
102323
102723
1
Install Landscaping Item -Sad, Shrubs. Trees
I 1013023
I 11I7023
Page 1 of 2
Imlall all Site Fumotungs
I Silo CW$mp, Inlemal Punch, Impedions, Etc.
Punch&CWse
n'
17
4-
4e
50
1013023 111/1023
11/13/23 112423
112723 112/1923
Final Cleaning & Punch Prep
1127123
1210123
1
Substantial Completion 6 Punch Walk
12/0123
12/0123--
—�.—
—
—
Punch List Execution
12/0423
12/1923
Close dDcc nenle- WananUm, 08M's, Etc.
12/0423
1211g/23
f.
FhW CMOWJon & Tlnw 1211923 12/1923
Page 2 of 2
Anna Parks Projects - Bid Results
A&C Construction Millis. Dev & Construction
Bid Bond Received? Yes Yes
Base Bid $3,152,310 $3,686,804
Alternate 1 $99,484 $128,515
Alternate 2 $16,620 $17,056
Selection Criteria Score 92 83
Deantonstruction,
SO