HomeMy WebLinkAboutRes 2023-10-1560 Awarding the Construction of the Downtown St Improvement Project- Wall Contractors, LLCCITY OF ANNA, TEXAS
RESOLUTION NO. 2023-10-15(00
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AWARDING THE DOWNTOWN
STREETS IMPROVEMENT PROJECT TO WALL CONTRACTORS, LLC, IN THE
AMOUNT NOT TO EXCEED TWO MILLION NINE HUNDRED AND SIXETY SIX
THOUSAND FOUR HUNDRED AND THIRTY-NINE DOLLARS AND TWENTY-FIVE
CENTS (2,966,439.25), INCLUDING A 10% CONTINGENCY, WITH AN EFFECTIVE
DATE
WHEREAS, the 5th, 7th, and Riggins are identified in the Downtown Master Plan and are
labeled as part of the Downtown Core District; and
WHEREAS, the proposed paving, drainage, and utility improvements will help improve
infrastructure on 5th, 7th , and Riggins Streets and add much -needed parking to the
Downtown Core District; and
WHEREAS, The City has publicly bid the construction project in accordance with Texas
Local Government Code; and
WHEREAS, the lowest qualified bid was received from Wall Contractors, LLC, in the
amount of $2,966,439.25
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.
Section 2. Authorization of Payment and Funding.
That the City Council of the City of Anna authorizes the City Manager to execute a
contract not to exceed $2,966,439.25 to Wall Contractors, LLC for the Downtown Streets
Improvement Project.
That funding for the project shall come from the State & Local Fiscal Recovery Funds
and Street Maintenance Sales Tax Funds and shall not exceed $2,966,439.25.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this
day of October 2023.
ATTEST:
City Secretary, Carrie Land
APPROVED:
4
yor, Nate Pike
5th, 7th, and Riggins Street
r
i ' ' ,•
i
-
r.
Downtown Core District
Legend
C. Iona City Limits
-- Railroad
Lakes
Streams
Parcels
- - Downtown Core
- - Downtown Noighbortwod
■ Downtown Core
■ Civic0strtutional
Catalyst So
■ Adaptnre Reusei Inhll
Intown Residential
Transitional Development
i1 Dpen Space
trail
• • Proposed Tiw
Entry Gateway
Idenldy Pant
Trail Node
NORTH
p
i
h
W f it ; X
1P■7�
PROPOSAL AND BID FORM
GG e-
Proposal of Al 4 X Z,�(hereinafter called "Bidder").
Address: �� it S. 1�®D �% �i a�✓� eL/_Sa .ti.1 , �5C 7!P Z o
To the Honorable Mayor and City Council
City of Anna, Texas (hereinafter called "Owner")
Deadline for Submission of Sealed Competitive Bid 2pm, Friday, September 22"d 2023
Date of Sealed Bid Opening 2pm, Friday, September 22, 2023.
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of:
Downtown Street Expansion
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 120
consecutive calendar days and 14 days for inclement weather, thereafter as stipulated in the
specifications and other contract documents. Bidder hereby further agrees to pay to Owner as
liquidated damages the sum specified in Item of the North Central Texas Council of
Governments Standard Specifications for Public Works Construction, and quoted below, 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
increased by additional work or materials ordered after the Contract Agreement
is signed, the sum per day given in the following schedule, unless otherwise
22
specified in the special provisions, shall be deducted from the monies due the
CONTRACTOR:
AMOUNT OF CONTRACT AMOUNT OF LIQUIDATED DAMAGES
Less than $25,000.00 $100.00 Per Day
$25,000.00 to
$99,999.99
$160.00
Per Day
$100,000.00 to
$999,999.99
$240.00
Per Day
More than
$1,000,000.00
$500.00
Per Day
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.
23
Enclosed 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.
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 Contractors 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 Engineer, 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.
24
EXHIBIT A, PAGE 1
BID_ PROPOSAL.
FOR
Downtown Street Expansion
See next page for bid tab.
Construction Schedule: Work must be completed with 180 consecutive calendar days after
notification period of 10-days has passed; with 14 days for inclement weather.
25
EXHIBIT A, PAGE 2
BID PROPOSAL
FOR
Downtown Street Expansion
Recapitulations
TOTAL BASE BID $ 3.5,T9_ aft,/ is
Notice of award will be mailed to the undersigned at the following addresses:
144 1z 14 A X4 4-'Y:Xr"e
Contractor
BY:
toe/ r .0. V100D LA-G+^ /6 i-Ma . %�.s+'xf„fJ�✓, %�`�.L
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. /
No.
No.
Date: 45", ,/I- z= 2 3
Date:
Date:
List Subcontracts (Company name, contact number and type of work):
tz:n � 1 / I l� •C '� Q 1 e-m. #ZU
26
Engineer's Opinion of Probabl Constmcilon Cost
City of Anne Rad Reconstruction 5th St Rlggins St a 7lh St.
Downtevm street Expansion
Retsdvray Way and Drainage Improvements
Fdtley Nplareber 15 W23
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Engineer's Opinion of Probable Construction Cost
City of Anna Road Reconstruction 5th St, Rigglns St, & 7th St
Roadway, Utility, and Drainage Improvements 19
Friday, September 15, 2023 G E S S N E R
Gessner Engineering, LLC
GE Job #: 22-0623.01
General Items
Item #
Item
Quantity
Units
Unit Cost
Total
100
Mobilization, Bonds, and Insurance
1
LS
$200,640.00
$200,640.00
101
Erosion Control (Permitting, Maintenance, Inspections
and Reporting, and All Measures Shown on the Plans)
1
LS
$17947.88
$17947.88
102
Tree Protection, Complete in Place
1
LS
$2612.50
$2612.50
103
Three phase Traffic Control Plan
1
LS
$20,900.00
$20,900.00
104
ADASignage, Complete in Place
6
EA
$261.25
$1,567.50
105
Traffic Signage, Complete in Place
13
EA
$496.38
$6,452.88
106
Steel Fence, Complete in Place
750
LF
$39.71
$29,782.50
107
Rock Rip Rap, Complete in Place
52
SY
$33.44
$1,738.88
108
Mortared Rip Rap, Complete in Place
200
Sy
$54.34
$10,868.00
109
Crosswalk w/ Pavers, Complete in Place
630
Sy
$156.75
$98.752.50
110
Advance Notice of Construction
1
LS
$2,299.00
$2,299.00
111
Traffic Control, Alternate Home Access
2
LS
$3,344.00
$6,688.00
Sub Total - General Items $ 400,249.64
Demolition
Item #
Item
Quantity
Units
Unit Cost
Total
200
Demolition & Disposal of Existing Gravel Driveway
including Base Material
55
Sy
$47.03
$2,586.38
201
Existing Street/Stop Sign to be Salvaged and Reinstalled
after construction
5
$783.75
$3,918.75
202
Removal of Existing Trees (Size: 5-14")
4
EA
$627.00
$2,508.00
203
Removal of Existing Trees (Size: 15-25")
2
EA
$1,201.75
$2,403.50
204
Landscaped Areas in R.O.W to be Cleared
1
LS
$26,125.00
$26,125.00
205
Existing Storm Safety End Treatment To be Removed
and Disposed of
9
EA
$2,090.00
$18,810.00
206
Existing Storm Pipe to be Removed & Disposed
26
LF
$88 82
$2,309.45
207
Existing 2'x4' Storm Box Culvert to be Removed &
Disposed
1
EA
$5,225.00
$5,225.00
208
Existing Fire Station Mailbox to be Removed and
relocated
1
EA
$731.50
$731.50
209
Existing Curb to be Removed
36
1 LF
$39.71
1 $1,429.56
Sub Total - Demolition $ 66,047.14
Pavement and Earthwork
Item #
Item
Quantity
Units
Unit Cost
Total
400
Earthwork - Cut/ Fill to Design Grade, Complete and in
Place including unclassified demo - excess marerial to be
disposed of properly
15.000
SY
$29.26
$438,900.00
402
Existing Subgrade Compaction (8")
9,873
SY
$18.81
$185,711.13
403
6" Lime Stabilization, Complete in Place including Lime
9,873
SY
$20.90
$206,345.70
404
6" Concrete Pavement for Roadway, Complete in Place
7.576
SY
$60.61
$459,181.36
405
8" Concrete Pavement for Roadway. Complete in Place
318
SY
$66.88
$21,267.84
406
2" Asphalt, Complete in Place
318
SY
$41.80
$13,292.40
407
8" Lime Stabilization, Complete in Place including Lime
318
SY
$27 17
$8,640.06
408
5" Concrete Pavement for Driveways, Complete in Place
2,297
SY
$58.52
$134,420.44
409
4" Concrete Sidewalk, Complete in Place
157
SY
$64.79
$10,172.03
410
4" Concrete Hike & Bike Trail, Complete in Place
795
SY
$64.79
$51,508.05
411
6" Concrete Curb, Complete in Place (Including
Transition from 4" Laydown Curb)
5,107
LF
$33.44
$170,778.08
412
Striping, Complete in Place
1
LS
$7,837.50
$7,837.50
413
ADA Striping, Complete in Place
1
LS
$313.50
$313.50
414
Wheel Stop, Complete in Place
6
EA
$313.50
1$1,881.00
415
Payment of Testing
t
LS
$26,125.00
$26,125.00
Sub Total - Pavement and Earth Work $1,736,374.99
Storm and Drainage
Item #
Item
Quantity
Units
Unit Cost
Total
500
Storm Sewer Trench Safety, Varying depths
3979
LF
$5.23
$20,790.28
501
18" RCP Type III (Structural Backfill), Complete in Place
1545
LF
$146.30
$226,033.50
502
24" RCP Type III (Structural Backfill), Complete in Place
694
LF
$156.75
$108,784.50
503
4' x 10' Junction Box, Complete in Place, Constructed
with the 2' X 4' Box Culvert
4
EA
$2,612.50
$10,450.00
504
18" CMP (Structural Backfill), Complete in Place
300
LF
$83.60
$25,080.00
505
5' Curb Inlet, Type B-B, Complete in Place
13
EA
$1,045.00
$13,585.00
506
Standard - 2' x 4' Box Culvert, Complete in place
1.440
LF
$313.50
$451,440.00
507
Standard 2'x2' Concrete Junction Storm Sewer Box,
Complete in Place
5
EA
$522.50
$2,612.50
508
Standard 4'x4' Concrete Grate Inlet Storm Sewer Box,
Complete in Place
4
$261.25
$1,045.00
509
Standard TxT Concrete Area Drain Storm Sewer Box,
Complete in Place
3
EA
$731.50
$2,194.50
510
Standard Safety End treatment 4: 1, Complete in Place
15
EA
$940.50
$14,107.50
511
Existing Pond Area to be Regrading
1
LS
$15,675.00
$15,675.00
Sub Total - storm and Drainage 5 891,797.78
Water
Item #
Item
Quantity
Units
Unit Cost
Total
600
Water Line Trench Safety, Varying depths
73
LF
$5.23
$381.43
601
6" PVC C-900 DR 18 Waterline w/ Structural Backfill,
Complete in Place
23
LF
$102.41
$2,355.43
602
2" PVC C-900 DR 18 Waterline w/ Structural Backfill,
Complete in Place
33
LF 1$91.96
$3,034.68
603
2" Poly Encased In SDR 21 Waterline w/ Structural
Backfill, Complete in Place
17
LF
$87.78
$1,492.56
604
8" x 6" Tapping Saddle, Complete in Place
1
EA
$1,881.00
$1,881.00
605
8" x 2" Tapping Saddle, Complete in Place
1
EA
$1,254.00
$1,254.00
606
8" x 1.5" Tapping Saddle, Complete in Place
2
EA
$1,227.88
$2,455.75
607
6" Gate Valve & Box, Complete in Place
1
EA
$1,881.00
$1,881.00
608
1.5" Gate Valve & Box, Complete in Place
2
EA
$1,254.00
$2,508.00
609
1.5" Angle Stop & Meter Box, Complete in Place
2
EA
$2,299.00
$4,598.00
610
2" Angle Stop & Meter Box, Complete in Place
1
EA
$2,612.50
$2,612.50
611
2" Corporation, Complete in Place
1
EA
$1,045.00
$1,045.00
612
6" Temporary Plug, Complete in Place
1
EA
$418.00
$418.00
613
Fire Hydrant Assembly, Complete in Place
1
EA
$20,900.00
$20,900.00
Sub Total - Water
$ 46.817.05
Gas
Item i#
Item
Quantity
Units
Unit Cost
Total
700
Gas Line Trench Safety, Vairing depths
110
LF
$6.27
$689.70
701
2" HDPE Gas Line w/ Structural Backfill, Complete in
Place
110
LF
$94.05
$10,345.50
702
3" x 2" Tee, Complete in Place
1
EA
$574.75
$574.75
703
2" 90' Bend, Complete in Place
1
EA
$1045.00
$1045.00
704
2" Stub out Plug, Complete in Place
1
EA
$522.50
$522.50
Sub Total - Sanitary 13.177.45
Sanitary
Item #
Item
Quantity
Units
Unit Cost
Total
800
Existing Sanitary Sewer Manhole to be Raised to Finish
Grade
2
EA
$1,254.00
$2,508.00
Sub Total - Sanitary $ 2,508.00
Electrical
900
1" SCH 40 PVC Conduit
1029
LF
$34.49
$35,485.07
901
1" Concrete Encased PVC Conduit
224
LF
$88 83
$19,896.80
902
Electrical Pull Box
7
EA
$1,154.73
$8,083.08
Sub Total - Electrical $ 63,464.95
Landscape
Item #
Item
Quantity
Units
Unit Cost
Total
1000
4" SCH 40 PVC Sleeve (Irrigation)
1,215
LF
$7838
$95,225.63
1001
6" SCH 40 PVC Sleeve (Irrigation)
648
LF
$99 27
$64,330.20
1002
Revegetation of Disturbed areas Outside of Pond. (Hydro
mulch)
7.117
SY
$2.09
$14,874.53
1003
Block Sodding of Pond Area
2.100
SY
$2.61
$5486.25
Sub Total - Landscape
$ 179 916.61
Add Alternate #1
Item #
Item
Quantity
Units
Unit Cost
Total
1100
4" Concrete Sidewalk, Complete in Place
157
SY
$55.39
$8,695.45
1101
Crosswalk wl Pavers. Complete in Place
17
SY
$159.89
$2,718.05
Sub Total - Add Alternate #1
$ 11,413.50
Add Alternate #2
Item #
Item
Quantity
Units
Unit Cost
Total
1200
Removable Bollards, Complete in Place
1
I LS
$7315.00
$7315.00
Sub Total - Add Alternate #2
$ 7315.00
Add Alternate #3
Item #
Item
Quantity
Units
Unit Cost
Total
1300
5" Concrete Pavement for Driveways, Complete in Place
665
Sy
$58.52
$50,619.80
1301
6" Concrete Curb, Complete in Place (Including
Transition from 4" Laydown Curb)
145
LF
$29.26
$4,242.70
1302
Striping, Complete in Place
1
LS
$5,747.50
$5,747.50
1303
Removal of Existing Trees (Size: 15-25")
7
EA
$940.50
$6,583.50
1002
DEDUCT - Revegetation of Disturbed areas Outside of
pond. (Hydro mulch)
873
SY
$2.09
-$1824.57
Sub Total - Add Alternate #3
S 65,368.93
Add Alternate #4
Item #
Item
Quantity
Units
Unit Cost
Total
1400
5" Concrete Pavement for Driveways, Complete in Place
560
Sy
$58.52
$32,771.20
1401
6" Concrete Curb, Complete in Place (Including
Transition from 4" Laydown Curb)
48
LF
$60.61
$2,909.28
1402
Striping, Complete in Place
1
LS
$3,344.00
$3,344.00
1403
ADA Signage, Complete in Place
1
EA
$365.75
$365.75
1404
Wheel Stop, Complete in Place
1
EA
$313.50
$313.50
1002
DEDUCT - Revegetation of Disturbed areas Outside of
Pond. (Hydro mulch)
-568
Sy
$2.09
-$1187.12
Sub Total - Add Alternate #4
S 38,516.61
Add Alternate #5
Item #
Item
Quantity
Units
Unit Cost
Total
1500
5" Concrete Pavement for Driveways, Complete in Place
810
Sy
$58.52
$47.401.20
1501
6" Concrete Curb, Complete in Place (Including
Transition from 4" Laydown Curb)
155
LF
$29.26
$4,535.30
1502
Striping, Complete in Place
1
LS
$5,956.50
$5,956.50
1002
DEDUCT - Revegetation of Disturbed areas Outside of
Pond. (Hydro mulch)
-819
Sy
$2.09
-$1,711.710
Sub Total - Add Alternate #5
$ 56,181.29
Construction Cost (Base Bid)
$ 3,400,352.71
Alternate Construction Cost (Base Bid + AlterNet's 1-5)
$ 178,795.33
10% City of Anna - Road Reconstruction Contingency
S 357,914.80
TOTAL CONSTRUCTION COST
S 3,937,062.8
PROPOSAL AND BID FORM
Proposal of & ( CD(*aC by-S , L,LC (hereinafter called "Bidder").
Address:
To the Honorable Mayor and City Council
City of Anna, Texas (hereinafter called "Owner')
Deadline for Submission of Sealed Competitive Bid 2pm, Friday, September 22nd 2023
Date of Sealed Bid Opening 2pm, Friday, September 22, 2023.
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of:
Downtown Street Expansion
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 120
consecutive calendar days and 14 days for inclement weather, thereafter as stipulated in the
specifications and other contract documents. Bidder hereby further agrees to pay to Owner as
liquidated damages the sum specified in Item of the North Central Texas Council of
Governments Standard Specifications for Public Works Construction, and quoted below, 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
increased by additional work or materials ordered after the Contract Agreement
is signed, the sum per day given in the following schedule, unless otherwise
22
specified in the special provisions, shall be deducted from the monies due the
CONTRACTOR:
AMOUNT OF CONTRACT AMOUNT OF LIQUIDATED DAMAGES
Less than $25,000.00 $100.00 Per Day
$25,000.00 to
$99,999.99
$160.00
Per Day
$100,000.00 to
$999,999.99
$240.00
Per Day
More than
$1,0001000.00
$500.00
Per Day
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.
23
Enclosed 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 retumed to the
undersigned upon demand.
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 Engineer, 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.
24
EXHIBIT A, PAGE 1
BID PROPOSAL
FOR
Downtown Street Expansion
See next page for bid tab.
Construction Schedule: Work must be completed with 180 consecutive calendar days after
notification period of 10-days has passed; with 14 days for inclement weather.
Englneees Opinion of Probable Construction Cost O
City of Anna Road Reconstruction 5th St, Riggins St, & 7th St
Roadway, Utility, and Drainage Improvements
Friday, September 15, 2023 GESSNER
Gessner Engineering, LLC
GE Job 0: 22-0623-01
General Items
Item #
Item
Quantity
Units
Unit Cost
Total
100
Mobilization, Bonds, and Insurance
1
LS
1a3r0o0
1.-oCOD.CZ)
101
Erosion Control (Permitting, Maintenance, Inspections
and Reporting, and All Measures Shown on the Plans)
1
LS
aq,aoo.
.2%aco.00
102
Tree Protection, Complete in Place
1
LS
I I 80D.Cic
1, $o0.00
103
Three phase Traffic Control Plan
1
LS
a3la SO.00
2b1oF)0.00.
104
ADA Signage, Complete in Place
6
EA
4ao pp
a,6W-M
105
Traffic Signage, Complete in Place
13
EA
L4-1500
671-j,00
106
Steel Fence, Complete in Place
750
LF
90,0Q
(0115(p
107
Rock Rip Rap, Complete in Place
52
SY
-94.017
41--hp$,00
106
Mortared Rip Rap, Complete In Place
200
SY
40.00
191 Goo -co
109
Crosswalk w/ Pavers, Complete in Place
630
SY
238.00
14 q q4o.
110
Advance Notice of Construction
1
LS
a 500.OD
a1500, CD
111
Traffic Control, Alternate Home Access
2
EAV
14)a50.00
V ,5W , 00
Sub Total - General Items $4M1153 0r
Demolition
Item #
Item
Quantity
Units
Unit Cost
Total
200
Demolition & Disposal of Existing Gravel Driveway
includingBase Material
55
SY
3t,..QO
1r�0•�
201
Existing Street/Stop Sign to be Salvaged and Reinstalled
after construction
5
EA
�
;300,00
11500.o0
202
Removal of Existing Trees (Size: 5-W)
4
EA
00100, 0O
3'(Voo-cc
Removal of Existing Trees (Size: 15-25")
2
EA
1, a50,
a)500 .00
204
Landscaped Areas in R.O.W to be Cleared
1
LS
01lQ00.00
araor)-co
205
Existing Storm Safety End Treatment To be Removed
and Disposed of
9
EA
500•Go
415.00
206
Existing Storm Pipe to be Removed & Disposed
26
LF
35.00
9 10.Op
207
D istingtl x4' Stonn Box Culvert to be Removed 8
1
EA
116100 00
4 rQ00.DD
208
1Existing Fire Station Mailbox to be Removed and
relocated
1
EA
(000.00.
�Q
209
Existing Curb to be Removed
35
LF
Sub Total - Demolition
Pavement and Earthwork
Item #
Item
Quantity
Units
Unit Cost
Total
400
Earthwork - Cut/ Fill to Design Grade, Complete and In
Place including unclassified demo - excess material to be
disposed or property
15,000
SY
4-+ 5C)
I-�1
ei(ooi15� cc
402
Existing Subgrade Compaction (8")
9,873
SY
403
6' Lime Stabilization. Complete in Place including Lime
9.873
SY
404
6" Concrete Pavement for Roadway, Complete In Place
7,576
SY
FT -SO
44021 coo
405
8" Concrete Pavement for Roadway. Complete in Place
318
SY
' 08,50
31415o3,
406
2' Asphati, Complete in Place
318
SY
(I 3.00
a9r5 +.
407
8' Lime Stabilization, Complete in Place including Lime
318
SY
010, 00
/
408
5' Concrete Pavement for Driveways. Complete in Place
Z297
SY
gs,�
O}�
195ra la
409
4' Concrete Sidewalk, Complete in Place
157
SY
, pO
I I I I L1—+Cp
410
4" Concrete Hike a Bike Trail, Complete in Place
795
SY
(Pa,60
qqj2JQiD.Cq
411
6' Concrete Curb, Complete in Place (Including
Transition from 4' Laydovm Curb)
5, f07
LF
4 -T5
a4 ass,
412
Striping, Complete in Place
1
LS
3roM.
310M.Ca
413
ADA Striping, Complete In Place
1
LS
'af q 00,00
11 y QO. CC
414
Wheel Stop, Complete in Place
6
EA
60,W
�X-Gv
415
Payment of Testing
1
LS
Qj�f -cc
Sub Total - Pavement and Earth Work S lr54a wc
Storm and Drainage
Item #
Item
Quantity
Units
Unit Cost
Total
500
Storm Sewer Trench Safety, Varying depths
3979
LF
'JI ccj
1 I 13a,
501
18" RCP Type III (Structural Backfill), Complete In Place
1545
LF
50l.50
81 I' Qa 5 0
502
24' RCP Type III (Structural Backfill), Complete in Place
694
LF
I p ,00
-j O MOM
509
4' x 10' Junction Box, Complete in Place. Constructed
with the 2' X 4' Box Culvert
4
EA
1911MOL �
4Q '000.00
504
18" CMP (Structural Backfill), Complete in Place
300
LF
54 oQ
( to, 200. Co
505
5' Curb Inlet, Type B-S. Complete in Place
13
EA
q I gC0,00
I I qW,W
506
Standard - 2' x 4' Box Culvert, Complete in place
1,440
LF
I t-W, DD
;Zo4,490.CC
507
Standard 2'x2' Concrete Junction Storm Sewer Box,
Complete in Place
5
EA
3r55D,
1� 150. CC
I
508
Standard 4'x4' Concrete Grate Inlet Storm Sewer Box,
Complete in Place
4
EA
1
t
509
Standard 3'x3' Concrete Area Drain Storm Sewer Box.
Complete in Place
3
EA
5 5W.
1
((O 5GO-CO
i
510
Standard Safety End treatment 4:1, Complete in Place
15
EA
a1960
1435W-00
511
Existing Pond Area to be Regrading
1
LS
15CW.
S =.00
--'
Sub Total - Storm and Drainage sbl j ,at4.5o
Water
Item If
Item
Quantity
Units
Unit Cost
Total
600
Water Line Trench Safety, Varying depths
73
LF
a0.00
1 q 0 -W
601
6' PVC C-9W DR 18 Waterline wl Structural Backfill,
Complete in Place
23
LF
Cn
3 ` D.00
$050.00
602
2" PVC C-900 DR 18 Waterline wl Structural Backfill,
Complete in Place
33
LF
a�5 (�
1
603
2" Poly Encased In SDR 21 Waterline wl Structural
Backfill, Complete In Place
17
LF
1
604
8" x 6" Tapping Saddle, Complete in Place
1
EA
'�1rjQQ
arG,
605
8" x 2" Tapping Saddle, Complete in Place
1
E4
0/ 0W
`pt OW. 00
606
8" x 1.5" Tapping Saddle, Complete in Place
2
EA
-415C0.
15r=.CO
607
6" Gate Valve & Box, Complete in Place
1
EA
-I )XG-00
;RAOD-100
608
1.5" Gate Valve & Box, Complete in Place
2
EA
1 '5m-oc
3,0co,o0
609
1.5" Angle Stop & Meter Box, Complete in Place
2
EA
1,000.00
a,0W. OD
610
2" Angle Stop & Meter Box. Complete in Place
1
EA
91000
-100
00
611
2" Corporation, Complete In Place
1
EA
35MIC
3, 500.00
612
6' Temporary Plug, Complete In Place
1
EA
Q,aCD.
a1d00,00
613
Fire Hydrant Assembly, Complete in Place
1
EA
81 C�
81OW•00
Sub Total - Water $ 4 .95 W
l
Gas
Item #
Item
Quantity
Units
Unit Cost
Total
Gas Line Trench Safety. Vairing depths
110
LF
15-00
' 1650.00
F702
2" HDPE Gas Line wl Structural Backfill, Complete in
Place
110
LF
8'0.00
0
BI°00,00
3" x 2" Tee, Complete in Place
1
EA
1 1000.vo
1 1000.00
703
2' 90° Bend, Complete in Place
1
EA
11450
1,150.00
704
2- Stub out Plug, Complete In Place
1
EA
a 00Q,00
a 0G0.00
Sub Total -Sanitary $ 1L['0z&00
Sanitary
Item #
Item
Quantity
Units
Unit Cost
Total
800
Grade Existing Sanitary Sewer Manhole to be Raised to Finish
2
EA
1,•�
3 0�.�
Sub Total - Sanitary $ 3 CW. W
Electrical
900
1' SCH 40 PVC Conduit
1029
LF
13.00
13,31-4.00
901
1' Concrete Encased PVC Conduit
224
LF
33-co
$,am.00
902
Electrical Pull Box
7
EA
'400.00
4,900.00
Sub Total - Electrical
Landscape
Item #
Item
Quantity
Units
Unit Cost
Total
1000
4' SCH 40 PVC Sleeve (Irrigation)
1,215
LF
1 (0,00
191440.00
1001
6' SCH 40 PVC Sleeve (Irrigation)
648
LF
18.50
11 W-DO
toot
Revegetadon of Disturbed areas Outside of Pond. (Hydro
mulch)
7.fn
SY
4'
r1 11 ��p
ag�i(v�00
1003
Block Sodding of Pond Area
2,100
SY
(p• rj
1411 �1y5
Sub Total - Landscape
Add Alternate 01
Item #
Item
Quantity
Units
Unit Cost
Total
1100
4' Concrete Sidewalk, Complete In Place
157
SY
1 OC)
11 114-4•00
1101
Crosswalk w/ Pavers, Complete In Place
17
SY
a3g.0Cj
J4 ()4 6.00
Sub Total -Add Alternate #1
$ 15,193
Add Alternate #2
Item #
Item
Quantity
Units
Unit Cost
Total
1200
Removable Bollards, Complete in Place
1
LS
Q(;Q
WOW
Sub Total -Add Alternate #2
$ .Z3,bC0•�
Add Alternate #3
Item #
Item
Quantity
Units
Unit Cost
Total
1300
5" Concrete Pavement for Driveways, Complete in Place
865
SY
05. oo
43,525,
1301
6" Concrete Curb, Complete in Place (Including
Transition from 4" Laydown Curb)
145
LF
'11J
i��, 16
1302
Striping, Complete in Place
1
LS
:210M.00
01 Q0o,0o
1303
Removal of Existing Trees (Size: 15-25")
7
EA
't 1 00 -0C
4,100.00
1002
DEDUCT - Revegetation of Disturbed areas Outside of
Pond. (Hydro mulch)
-873
SY
— % .00
^
_ a 4pl IM
Sub Total - Add Alternate #3
$ Bag 3g�
Add Alternate #4
Item #
Item
Quantity
Units
Unit Cost
Total
1400
5" Concrete Pavement for Driveways, Complete in Plans
560
SY
VS,00
L1-4I (vM
1401
6" Concrete Curb, Complete in Place (Including
Transition from 4" La own Curb)
48
LF
5•00
11I
'M-
1402
Striping, Complete in Place
1
LS
,C)OD-00
a 000. G
1403
ADA Signage, Complete in Place
1
EA
50D. X
ijCD- 00
1404
Wheel Stop. Complete in Place
1
EA
50,
I so. 00
1002
DEDUCT - Revegetation of Disturbed areas Outside of
Pond. (Hydro mulch)
568
SY
—1^'I
�I f �o
Sub Total - Add Alternate #4
$ q 8 r1 %
Add Alternate #5
Item #
Item
Quantify
Units
Unit Cost
Total
15M
5" Concrete Pavement for Driveways, Complete in Place
810
SY
85.00
1501
6" Concrete Curb, Complete in Place (Including
Transition from 4' La own Curb)
155
LF
rj . o�
G
J•
1502
Striping, Complete in Place
1
LS
.11DW.Cc
1002
DEDUCT dro vnegeett1tion of Disturbed areas Outside of
-819
Sy
— 3,00
aq6l. cc
Sub Total -Add Alternate #5
$ 0x j(08-
Construction Cost (Base Bid)
$arll(olt.,rj
Alternate Construction Cost (Base Bid + AlterNers 1-5)
$ al}p
10% City of Anna - Road Reconstruction Contingency
a3-5
TOTAL CONSTRUCTION COST
EXHIBIT A, PAGE 2
BID PROPOSAL
FOR
Downtown Street Expansion
Recapitulations
TOTAL BASE BID $ of -49 gi 1 %4. 50
Notice of award will be mailed to the undersigned at the following addresses:
Wal I &vTracjrs. PLC
Contractor
By:
aoo-4 cindw Lane n,TX 7 advi
Princip 1 Place of Business
(Corp. Seal if Bidder is Corporation)
Attest: c1SL, A ,,1
Secretary: U IPp�� is Wall
Acknowledgment is hereby made of receipt of the following Addenda, if any:
No.
1,011161
M
Date:
Date:
List Subcontracts (Company name, contact number and type of work):
26
ACCIPREI" CERTIFICATE OF LIABILITY INSURANCE I DAP 20 M
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsemen s .
PRMUCER CMACT-
NAfXE:
Box Insurance Agency . 8/7-865.18QS- — -^- 817�241404 ---
1200 S. Main SL, Ste 1600 lam• Nei.
Grapevine TX 76051 • p icacates@boxinsurance.com
aisuRtro - - -- -- - - - --
Wall Contractors, LLC
PO Box 607
Chandler TX 75758
INSURER A: Cincinnati Insurance Co.
LL-cz INSURER e :
INSURER C :
INSURER o
RISURER E :
VISURER F:
COVERAGES CFRTIFICATF NIIURFR• -1A7A1znrd4 racvtclnu alIuacQ.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REaUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPH OF iNsuRANCE POUCYNUMSRR I PO�.00YEFF 1 POLICY f�tP Lam
A
X ? COMMERCIALOMERALLIABILfTY ! EPP063OS90 9/27/2022 9/27/2023 EACH OCCURRENCE
CLA%4S-MADE I X OCCUR ,
$1.000,000
3-1.000.000
MED EXP (Any am person)
$ 5,000
$1.000.0_00
PERSONAL A ADV INJURY
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GEN L AGGREGATE LMIT APPLIES PER I GENERAL AGGREGATE
POLICY JJEC LOC i • PRODUCTS - COMP/OP AGG
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OTHER.
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AUTCUOBMEUABILRY EBADS30590 9/27/2022 9127/2023 CO S0D SINGLE _. LVAIT
-- - - - ---
S 1.000,000
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ANYAUTO ; BODILY XNJURY (Par person)
S
OWNED SCHEDULED BODILY INJURY (Par acddwd)
AUTOS ONLY AUTOS
X HIRED PXK NON -OWNED r PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY : ( ) _ _
S
S
A
X UtfBRELLA UAB X OCCUR
EPP0630590 9127/2022 f 927/2023 : EACH OCCURRENCE
S 3.000.000
EXCESS LIAB CLAIMS -MADE
---I
AGGREGATE
$3.000.000
DE
M X RETENTION
Fotaw Form
S Fallow Form
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WORKERS COMPENSATEWCOM93 ; 9127/2022 ! 9127/2023 ! X S A � �
AND EMPLOYERS' LWBUTY YIN >
ANYPROPRtETORlPARTNEWEXECUTNE a 'NIA
OFFICERMADABEREXCLUDED7 A I E.L. EACH ACCIDENT
t ► in I" � E.L.DISEASE - EA EMPLOYEE
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DESCRIPTION OF OPERATIONS bakW E.L. DISEASE - POLICY LIMIT
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i
0=RXPTIOM OF 0PCRATIGNB r LOCATIONS I VEMICIBS (ACORD 101. Add3uond Remarks SchaWk. may be attached Xf more tlpeae Is roqulred)
The General Liability, Auto Liability, and Workers Compensation policies include a Blanket Waiver of Subrogation provision/endorsement that provide this
coverage to the certificate holder, only when there is a written contract between the named insured and the certificate holder that requires such status.
The General liability and Auto Liability policies include a blanket automatic additional insured provision/endorsement that provides such status to the certificate
holder only when there Is a written contract between the named insured and the Certificate holder that requires such status.
nvL.u=r%
SAMPLE
ACORD 25 (2016103)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
QD 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS, that Wall Contractors, LLC
2007 Onciv Lane. Denton. Tx 76207 (hereinafter called the Principal(s)), as Principal(s), and
American Contractors Indemnity Company dba Texas BondingCompany (hereinafter called the Surety(s)).
as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the
Obligee), in the amount of: Five Percent of the Greatest Amount Bid Dollars ($ 5% GAR )
(an amount equal to five percent of the Total Bid Price, including Cash Allowances and
Alternate Bids, if any) lawful money of the United States for the payment whereof, the said
Principal and Surety bind themselves, and their heirs, administrators, executors, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted on or about this day a proposal offering to
perform the following project:
Downtown Street Expansion
Bid #22-0623-01 / Parking Lot & Street Paving, Utilities, Concrete Hiking Trail, Fencing
NOW, THEREFORE, if the said Principal's bid as stated in its proposal is accepted by
the City, and said Principal executes and returns to the City the number of original
counterparts of the Contract Agreement required by the City, on the forms prepared by the
City, for the work described herein and also executes and returns the same number of the
Performance, Payment and Maintenance Bonds (such bonds to be executed by a Corporate
Surety authorized by the State Board of Insurance to conduct insurance business in the State
of Texas, and having an underwriting limitation in at least the amount of the bond) in
connection with the work described herein, within the time specified, then this obligation shall
become null and void; otherwise it is to remain in full force and effect.
In the event that the Principal is unable to or fails to perform the obligations undertaken
herein, the undersigned Principal and Surety shall be liable to the City for the full amount of
this obligation which is hereby acknowledged as the amount of damages which will be suffered
by the City on account of the failure of such Principal to perform such obligations, the actual
amount of such damages being difficult to ascertain.
Notices required or permitted hereunder shall be in writing and shall be deemed
delivered when actually received or, if earlier, on the third day following deposit in a United
States Postal Service post office or receptacle. with proper postage affixed (certified mail.
return receipt requested), addressed to the respective other party at the address prescribed in
the Contract Documents, or at such other address as the receiving party may hereafter
prescribe by written notice to the sending party.
IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed
this Instrument this 22nd day of September , 20 23 .
CONTRACT AGREEMENT
THIS Downtown Street Expansion Contract (hereinafter this "Contract Agreement") entered
into this ��of 20 by and between the CITY OF ANNA. TEXAS, a Texas
municipal corporation, ("City') and W0,1( C0niY/Iubr-S, I located at
WITNESSETH:
WHEREAS, the City wishes to contract for the project identified as Downtown Street
Expansion (the "Project"); and
WHEREAS, the Project shall include all work and activities necessary to complete the following
scope of work (hereinafter referenced as "Work"): This project involves the furnishing all labor,
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 consulting engineer 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 Statement of Bidder's Surety;
Prevailing Wage Rates for Municipal Construction in Anna, Texas;
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;
28
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,2
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 above4isted 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
If plans, specifications or drawings are too bulky or cumbersome to be physically bound, they are to be
considered incorporated by reference into the aforementioned contract documents.
29
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;
3.05 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) 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
30
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 S. 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 (as 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 14 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 per day (or said per -day sum shall be deducted from the monies due the Contractor) as
set forth in the following schedule:
AMOUNT OF CONTRACT AMOUNT OF LIQUIDATED DAMAGES
Less than
$25,000.00
$100.00
Per Day
$25,000.00 to
$99,999.99
$160.00
Per Day
$100,000.00 to
$999,999.99
$240.00
Per Day
More than
$1,000,000.00
$500.00
Per Day
31
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 so as 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.
5.06 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 within 10 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
32
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
Ja,abb 434. 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 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:
(1) On or before the 10w 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 month (the "Payment
33
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 offsite storage is approved in writing by the City), less
the total amount of previous payments received from the City. Payment for materials
stored offsite 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 5.02 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 6.06 herein below.
(5) 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 clear 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 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.
34
6.03 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.
6.04 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;
6.05 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 of 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.
6.06 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
35
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 150% 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.
6.07 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;
6.08 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.
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
36
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, verified
plan to eliminate or correct the cause of the City's order, which plan appears to the City to be
reasonable, actually 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.
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;
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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 permit(s)—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
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 FUNCTION
Don Mims Proiec+ Maf,(1QPf
Dusbo Wrtill Presiden+�SLei" r, vigor
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
38
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 work 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 meets 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.
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 offsite 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
39
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
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 negligence 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, Including personal injury,
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, including a
proceeding to enforce this Section 101 which in whole or in part are caused by the
negligence, recklessness or Intentional wrongful misconduct of the Contractor and
40
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 binding 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;
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 parties. 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
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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.
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
42
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.
(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.
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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, 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.
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)3
Owned Equipment For equipment owned by the Contractor, actually used in Change Order work including sales tax, or any
related business entity, regardless of whether Contractor leases such equipment from the related business entity, the cost
shall be the lesser of (i) the Contractor's actual ownership cost, or (ii) 85% of the applicable ownership cost listed in the most
recent edition of the Contractor's Equipment Cost Guide, published by Dataquest.
+ Apt3licable 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 borne 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.
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
Third Part Rental Equipment For equipment actually rented by the Contractor, actually used in Change Order work
including sales tax, from an unrelated third party, the cost shall be the lesser of (i) the Contractor's actual rental cost, or (ii)
85% of the applicable equipment rates based on the most recent edition of the Rental Rate Bluebook for Construction
published by Dataquest. A reasonable rental cost shall be allowed as determined by the City Manager or the City Manager's
designee when machinery and construction equipment not so listed is required.
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 full 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.
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 Contractor's 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,
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
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.
17.03 Workers' Compensation/Employer's Liability Insurance
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 Liability Insurance
Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000
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:
"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 Work, and must be procured from an insurer licensed to do business in the State of Texas
with a Best's rating of "A+, A, A-". 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.
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.
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 parry 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 fees
customarily the responsibility of the Contractor.
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 Contractor's 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:
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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 terms, 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.
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.
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(SEAL)
(Contractor)
BY(:— C( f/ SA �in Q11I&_rt+-
name and title of authorized representative)
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CERTIFICATE OF INSURANCE
TO: CITY OF ANNA
ANNA, TEXAS
THIS IS TO CERTIFY THAT
CERTIFICATE OF INSURANCE
DATE:
PROJECT:
(Name and Address of Insured)
is, at the date of this certificate, insured by this Company with respect to the business
operations hereinafter described, for the types of insurance and in accordance with the
provisions of the standard policies used by this Company, and further hereinafter described.
Exceptions to standard policy noted hereon.
TYPE OF INSURANCE
Policy No.
Effective
Expires
Limits of Liability
Per Person $
Workmen's
Per Occur. $
Compensation
Property Damage $
Per Person $
Per Occur. $
Public Liability
Property Damage $
Per Person $
Per Occur. $
Contingent Liability
Property Damage $
Per Person $
Per Occur. $
Property Damage
Pro a Damage $
Per Person $
Per Occur. $
Builder's Risk
Property Damage $
Per Person $
Per Occur. $
Automobile
Pro a Dama e $
Per Person $
Per Occur. $
Other
Property Damage $
The foregoing Policies (do) (do not) cover all sub -contractors.
Locations Covered:
Description of Operations Covered:
Additional Insured: City of Anna, Texas
The above policies, either in the body thereof or by appropriate endorsement, provide that they
may not be changed or canceled by the insurer in less than the legal time required after the
insured has received written notice of such change or cancellation, or in case there is no legal
requirement, in less than sixty (60) days in advance of cancellation or change.
FIVE COPIES OF THIS CERTIFICATE BDX � InS L, ra l &-
MUST BE SENT TO THE OWNER (Name of Insurer)
SAIN �� . •
NOTICE TO PROCEED
Project: Downtown Street Expansion — City of Anna, TX
Issued To: Date Issued:
You are hereby notified to commence work in accordance with the Agreement dated the
day of 20 on or
before the day of
20 and complete all of the work within consecutive calendar days
thereafter.
The date of completion for all work shall therefore be the day of
20
Issued by: City of Anna, Texas (Owner)
By:
Jim Proce
City Manager
ACCEPTANCE OF NOTICE:
v40-1 I CDYdT61c-brs, I_.l_c
Receipt of the above notice to proceed is hereby acknowledged by [insert name of contractor],
this-- dayof Qu. btr ,20 a3
Bond # 1001204705
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that wall contractors, LLC
(hereinafter called the Principal(s)), as Principal(s), and
American Contractors Indemnity Company dba Texas Bonding Company (hereinafter called the Surety(s)),
as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the
Obligee), In the amount Of: Two Million Nine Hundred Sixty-sixThousano Four Hundred Thinynine and 25/100 Dollars ($2.966,439.25
lawful money of the United States for the payment whereof, the said Principal and Surety bind
themselves, and their heirs, administrators, executors, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written •AC�/'o�In�tract Agreement with the
Obligee, dated the (0� day of OLID�P.Yi dTl/O� for the following
project:
Downtown Street Expansion
/ PAVING, DRAINAGE, AND UTILITY IMPROVEMENTS TO 5TH, 7TH AND RIGGINS STREET
and said Principal under the law is required before commencing the work provided for in said
Contract Agreement to execute a bond in the amount of said Contract Agreement, which
Contract Agreement is hereby referred to and made a part hereof as fully and to the same
extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall faithfully perform the work in accordance with the plans, specifications and
contract documents, then this obligation shall be void; otherwise to remain in full force and
effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
Chapter 2253 of the Texas Government Code (Article 5472d for Private Work)4 of the Revised
Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in
accordance with the provisions of said Article to the same extent as if it were copied at length
herein.
Surety, for value received, stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract Agreement, or to the work performed
thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway
affect its obligation on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract Agreement, or to the work
to be performed thereunder.
4 Not applicable for federal work. See "The Miller Act," 40 U.S.C. S270.
IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed
this instrument this �day of �f �D%PK 20P3.
Amencen Contractors Indemnity Company Goa Texas Boning Company
Surety
,-? r
(�} �,�r-f�
'S-y. `7� nN
Mtle) Attoutey-in-Fact
p NT NAME: Crysta} Langhorn
A)bt)' `ESS: L801 os SO!Ah
si9; A is Street. Suite 700
17
Pl-fO#VE/FAX: 1310.)649-0990 fax: (214) 872-3655
Wall Contractors, LLC
Principal
By: �/ /w.-�t�wli�
Title) Pv-cs cQe4jt
By:
(Title)
M
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas
and is listed on the U.S. Department of the Treasury list of approved sureties, and
hereby designates Steven W. Lewis , an agent resident in Tarrant
County, Texas, to whom any requisite notices may be delivered and on whom service of
process may be had in matters arising out of such suretyship.
American
dba Texas Bonding Company
By �.
P R I NT / ME: Steven W.s - Box Bonding Agency
ADDRESS: 1200 S Main St, Suite 1600, Grapevine, TX 76020
PHONE/FAX: 817-865-1515
Bond # 1001204705
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, that wall Contractors, LLC
(hereinafter called the Principal(s)) as Principal(s), and
American Contractors Indemnity Company dba Texas Bonding Company (hereinafter called the Surety(s)), as
Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the Obligee),
In the amount of: Two Mflimn Nina Hundred Sixty-six Thousand Four Hundred Thirty-nine and 2M100 Dollars ($ 2,955,439.25
lawful money of the United States for the payment whereof, the said Principal and Surety bind
themselves, and their heirs, administrators, executors, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written Contract Agreement with
the Obligee, dated the _ �Vtl'\- day of odyber., -II17a3 , for the:
Downtown Street Expansion
/ PAVING, DRAINAGE, AND UTILITY IMPROVEMENTS TO 5TH, 7TH AND RIGGINS STREET
and said Principal under the law is required before commencing work provided for in said
Contract Agreement to execute a bond in the amount of said Contract Agreement, which
Contract Agreement is hereby referred to and made a part hereof as fully and to the same
extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall pay all claimants supplying labor and material to him or a subcontractor in
the prosecution of the work provided for in said Contract Agreement, then this obligation shall
be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall
be determined in accordance with the provisions of said Article to the same extent as if it were
copied at length herein.
Surety, for value received, stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract Agreement, or to the work performed
thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway
affect its obligation on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract Agreement, or to the work
to be performed thereunder.
IN WITNESS ,YHHHREOF, the ai Principal(s) and Surety(s) have signed and sealed
this instrument this t I day of NIDTCr , 20 Q .
American Contractors Indemnity Company dba Texas
Bonding Company
Surety
Wall Contractors, LLC
Principal
*By:� y„ �� Tv� �p/V� By: al , fi
_(T_itle) ddorney-in-Fact ---(Title) restdeni
-F�rRlrNT NAME: Cr7.,t31 Langhorn By:
AI DRESS: 801 Sour, rigieroa Street Suite 700 Los Angeles. CA 90017
PHONEIFAX: (3101649-0990 fax: (214) 872-3655
By:
(Title)
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas
and is listed on the U.S. Department of the Treasury list of approved sureties, and
hereby designates Steven W. Lewis , an agent resident in Tarrant
County, Texas, to whom any requisite notices may be delivered and on whom service of
process may be had in matters arising out of such suretyship.
American Contractors Indemnity Company dba Texas
Bonding Company
Surety
By:
PRINT NAME: Steven W. gets - Box Bonding Agency
ADDRESS: 1200 S Mai, Suite 1600, Grapevine, TX 76020
P H O N E/FAX: 817-865-1515
I-r-rdr s11111iPblYOM
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT wall Contractors. LLC as PRINCIPAL, and ao En9Comp Contractors `'"dare°'ry Company °Da Texas
a
CORPORATION organized under the laws of California , as SURETIES, do
hereby expressly acknowledge themselves to be held and bound to pay unto the City of Anna,
a municipal corporation at Anna, Collin County, Texas the sum of:
Two Million Nina Hundred Sixty-six Thousand Four Hundred ThiM-nine and 25100 Dollars ($2,966,439z5 ) for the payment
which sum well and truly to be made until said City of Anna and its successors, said
PRINCIPAL AND SURETIES do hereby bind themselves, their assigns and successors jointly
and severally.
THIS obligation is conditioned, however, that whereas s id Wall Contractors, LLC
,the Contractor, did on Y 10 , 20a3 enter into a
written Contract Agreement with the said City of Anna to build and construct:
Downtown Street Expansion
/ PAVING, DRAINAGE, AND UTILITY IMPROVEMENTS TO 5TH, 7TH AND RIGGINS STREET
in the City of Anna, Texas which Contract Agreement and the Plans and Specifications therein
mentioned adopted by the City of Anna, are hereby expressly made a part hereof as though
the same were written and embodied herein.
WHEREAS, under the Plans and Specifications, and Contract Agreement, it is provided
that the CONTRACTOR will maintain and keep in good repair the work herein contracted to be
done and performed for a period of two (2) years from the date of acceptance; it being
understood that the purpose of this section is to cover all defective material, work or labor
performed by said CONTRACTOR, its employees, sub -contractors, materialmen and assigns.
NOW THEREFORE, if the said CONTRACTOR shall keep and perform its said
agreement to maintain said work and keep the same in repair for the said maintenance period
of two (2) years, as provided, then these presents shall be null and void, and have no further
effect, but if default shall be made by the said CONTRACTOR in the performance of its
Contract Agreement to so maintain and repair said work, then these presents shall have full
force and effect, and said CITY OF ANNA shall have and recover from said SURETY,
damages in the premises, as provided, and it is further agreed that this obligation shall be a
continuing one against the SURETY, hereon, and that successive recoveries may be had
thereon for successive breaches until the full amount shall have been exhausted; and it is
further understood that the obligation herein to maintain said work shall continue throughout
said maintenance period, and the same shall not be changed, diminished, or in any manner
affected from any cause during said time.
IN WITNESS WHEREOF, the said wall Contractors, LLC
(Contractor) has caused these presents to be gone a� mo �do s Indemnity Company a eras
(Surety Co.) executed by its ATTORNEY -IN -FACT Crystal Langhom and the
said ATT�'QQRNEY-IN-FACT Cryslall-anghom has hereunto set his hand this
the �O t" day of QdD O' 20 3 .
SURETY:
Amen'can Contractors Indemnity Company dba Texas
Bonding mpany
(Company)
Print Name: cn'slzi L8 ghom
:tie; Attorney -in -Fact
801 Scuil+ Figueroa Street, Suite 700
Address'. Los Angeles, CA 90017
PRINCIPAL:
Wall Contractors, LLC
���By: / By:
Print Name: D UG-}i Y�al Wall
Title: presidt t
Address: 2007 Cindy Lane, Denton, TX 76207
Phone/Fax: (310) 649-0990 fax: (214) 872-3655 Phone/Fax: (682) 556-0238
`, TOI(IOMARINE
HCC
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding
Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and
U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and
appoint:
Kim Bracamonte, Brad Johnson, Paul Fredette, Crystal Langhorn, Steven W. Lewis,
Andrea Nix, or Adam Syswerda of Grapevine, Texas
its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority
hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings
or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond
penalty does not exceed ""'Fifteen Million"' Dollars ( "'$15 000 000.00"' ).
This Power of Attorney shall expire without further action on April 23rd, 2026. This Power of Attorney is granted under and by authority
of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vioe-President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby
vested with full power and authority to appoint any one or more suitable persons as Aftomey(s)-in-fact to represent and act for and on behalf of the
Company subject to the following provisions:
Affomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any
and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents
for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents
canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fad shall be binding upon
the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any
certificate relating thereto by facsimile, and any power of allomey or certificate bearing facsimile signature or facsimile seat shall be valid and binding
upon the Company with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
18r" day o,�,(,jg„r"il 2022. „ ,,,,,,,.
W ro °O ows °.,,, "s so;?" inset AMERICAN CONTRACTORS INDEMNITY COMPANY, TEXAS
at N9`�.......?3� s 0N_._.... e o°trc........_Bf•.,, `.`,��s�, ......an�e"',�•.
\dp+- , `,b ^ ".,oyy, �: , .,/ c, g;. ..., o?BONDING COMPANY, UNITED STATES SURETY COMPANY,
o n F, .p 3 - U.S. SPEC ALTY INSURANCE COMPANY
d /N"
w'. ssrr zs tsw � r �,. r a° '+ r `� -By' Da
P. Aguilar, Vice President
or other officer completing this certificate verifies only the identity of the individual who signed the
State of California
County of Los Angeles
On this 18th day of April 2022, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of
American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance.
Company who proved to me on the basis of satisfactoryevidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. ryP,o.aesuo
Nn SO IA0. APSEM b
ransuMssi. r 339311Q
Signature 'oy'RT-- (seal) 'MrOummRrro� .c+w�:3.:ata
I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety
Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power
of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors,
set out in the Power of Attorney are in full force and effect.......
In Wit as Whereo I I�a1(e hereunto set my hand a;d`atfixed-fhe-seals of said Companies at Los Angeles, California this
day of �CYber
N su
pwiogg yGi+O .5 RF
Bond No. Lop IOut OS 33�� �'
Kio Lo, A
Agency No. 18799 'af ant Secretary
q , pNJ y�rr- � x HCCSMANP0A07=3
more
BondingCompany
801 S.
TOKIOMARINE 601 S. Figueroa
Street Suite 700
WN 11 C C Las Angeles, CA 90017 USA
Tel: 310-649-0991
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
To obtain information, make a complaint or assert a claim, or if you have a dispute concerning your premium,
you should call the Surety's toll free telephone number for information at: 1-800-486-6695. You may also write
to the Surety at:
American Contractors Indemnity Co. DBA Texas Bonding Company
801 S. Figueroa St., Suite 700
Los Angeles, CA 90017
Important Time Limitation
Regarding Warranty
Notwithstanding anything to the contrary in the Construction Contract and Bond, in no event shall Surety have
any obligation for any loss occurring or claim made by Obligee more than twenty-five (25) months after the
date on which Principal has substantially completed the work under the Construction Contract.
Exclusion of Liability for
Mold, Mycotoxins, Fungi & Environmental Hazards
Notwithstanding anything to the contrary in the Construction Contract and Bond, the Bond to which this Rider
is attached does not provide coverage for, and the Surety thereon shall not be liable for, molds, living or dead
fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for
any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup,
nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded
obligations, of the occurrence, existence, or appearance thereof.
Important Notice Regarding
Calculation of Premium
Adjustments to the contract price entitle the Surety to adjust premium charged for the adjustment in risk to
Surety. Notwithstanding anything to the contrary in the Construction Contract and Bond, adjustments to the
contract price or the premium charged shall not change the Bond amount, unless the contract price is
increased no more than 10% of the original contract price.
HCCSZZ564904110
Texas Bonding Company
TEXAS COMPLAINT NOTICE
IMPORTANT NOTICE
AVISO IMPORTANTE
To obtain information or make a complaint:
Para obtener informacion o para someter una queja:
1. You may contact your agent.
1. Puede comunicarse con su agente.
2. You may call the company's toll free telephone
2. Usted puede Ilamar al numero de telefono gratis
number for information or to make a complaint at:
de la compania's para informacion o para someter
una queja al:
1-800-486-6695
1-800-486-6695
3. You may also write to the company at:
3. Usted tambien puede escribir a la compania:
Texas Bonding Company
Texas Bonding Company
801 South Figueroa Street Suite 700
801 South Figueroa Street Suite 700
Los Angeles, CA 90017 USA
Los Angeles, CA 90017 USA
4. You may contact the Texas Department of
4. Puede comunicarse con el Departamento de
Insurance to obtain information on companies,
Seguros de Texas para obtener informacion
coverages, rights, or complaints at:
acerca de companias, coberturas, derechos, o
quejas al:
1-800-252-3439
1-800-252-3439
5. You may write to the Texas Department of
5. Puede escribir al Departamento de Seguros de
Insurance at:
Texas al:
Consumer Protection (111-1A)
Consumer Protection (111-1A)
P.O. Box 12030
P.O. Box 12030
Austin, Texas 78711-2030
Austin, Texas 78711-2030
Fax No. 512- 490-1007
Fax No. 512- 490-1007
Web: www.tdi.texas.gov
Web: www.tdi.texas.gov
E-mail: ConsumerProtection@tdi.texas.gov
E-mail: ConsumerProtection@tdi.texas.gov
PREMIUM OR CLAIM DISPUTES:
DISPUTAS SOBRE PRIMAS O RECLAMOS:
Should you have a dispute concerning your premium
Si tiene una disputa concerniente a su prima o a un
or about a claim you should contact the agent or the
reclamo, debe comunicarse con el agente o la
company first. If the dispute is not resolved, you may
compania primero. Si no se resuelve la disputa,
contact the Texas Department of Insurance.
puede entonces comunicarse con el departamento
(TDI).
ATTACH THIS NOTICE TO YOUR POLICY
UNA ESTE AVISO A SU POLIZA
This notice is for information only and does not
Esta aviso es solo para proposito de informacion y no
become a part or condition of the attached document.
se convierte en parte o condicion del documento
adjunto.
HCCSOTXCOM PLAI NT2023/06