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Home My WebLink AboutRes 2024-02-1595 Award the Collin Pump Station Phase 2 to Red River Construction CompanyCITY OF ANNA, TEXAS RESOLUTION NO. 020 2 4 -0 2- 15q 5 A RESOLUTION OF THE CITY OF ANNA, TEXAS, AWARDING THE COLLIN PUMP STATION PHASE 2 PROJECT, LOCATED AT THE CORNER OF THE COLLIN COUNTY OUTER LOOP AND STATE HIGHWAY 5, TO RED RIVER CONSTRUCTION COMPANY, IN THE AMOUNT NOT TO EXCEED TEN MILLION EIGHT HUNDRED FORTY-THREE THOUSAND AND FOUR HUNDRED DOLLARS ($10,843,400.00) WHEREAS, the Collin Pump Station Phase 2 Improvement Project is listed as a capital improvement project in the City of Anna's Capital Improvement Plan, WHEREAS, the continued growth of the City of Anna requires continuous improvements to the City's public water system, including capital projects that increase water supply, water storage, resiliency, and redundancy to protect the health, safety, and welfare of the public; and WHEREAS, the Master Water Plan for the City of Anna shows the construction of a four million -gallon ground storage tank with pump improvements to be the next phase of expansion for the Collin Pump Station, WHEREAS, the City of Anna publicly bid the project in accordance with Texas Local Government Code and the City of Anna Purchasing Policy; and, WHEREAS, two bids were received, and the lowest qualified and highest scoring bid was received from Red River Construction Company, for $10,843,400. 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. The City Council of the City of Anna hereby authorizes the City Manager to execute a contract in an amount not to exceed $10,843,400 to Red River Construction Co. for the construction of the four -million -gallon ground storage tank at Collin Pump Station. That funding for the project shall come from the Water Impact Fee fund and shall not exceed $10,843,400. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 1:5 day of February 2024. ATTEST: Mayor, Nate Pike CITY OF ANNA L (QUIDDITY COLLIN PUMP STATION GROUND STORAGE TANK No. 2 E N G I N E E R I N G BIDDER REVIEW FOR BEST VALUE RATING Review/Score Bid 1 Bid 2 Best Value Weighted Criteria Schofield Civil Construction Red River Construction Price Weight 50% 50% Price Bid $12,329,472.00 $10,843,400.00 Lowest Price Bid $10,843,400.00 $10,843,400.00 Price Score 44.0 50.0 Team Qualifications and Experience Weight 20% 20% Reputation Rating 0.95 0.94 Reputation Score 19.0 18.8 Quality, Reputation, Safety Record, and Ability to Deliver Projects on Schedule and within Budget Weight 30% 30% Quality Rating 0.87 0.91 Quality Score se __ 26 1,. 273 Final Scare 96.1 Rating Scale Excellent 90-100 Good 80-89 Acceptable 70-79 Marginal 60-69 Legend Input Value Calculated Value Bid Value CITY OF ANNA QUIDDITY COLLIN PUMP STATION GROUND STORAGE TANK No. 2 L E N G I N E E R I N G REFERENCE RATING - SCHOFIELD CIVIL CONSTRUCTION Metric Measured by Question Reference 1 North Texas MWD Reference 2 North Texas MWD Reference 3 Matt Armstrong Joo Pang Question Quality, Repu.. Team Qual. Quality, Repu.. Team Qual. Quality, Repu.. Team Qual. Quality, Repu.. Team Qual. 1 X X 3 3 5 5 0 0 2 X X 4 4 5 5 0 0 3 X 3 5 0 4 X 4 5 0 5 X 2 5 0 6 X 4 4 0 7 X X 5 5 5 5 0 0 8 X 5 5 0 9 X 5 5 0 10 X X 5 5 5 5 0 0 Total 90% 1 75% 1 100% 1 98% 1 0% 0% Average 59 %, Reference Rating Questions: 1. Your overall experience with the contractor (1-poor, 5-excellent)? 2. How would you rate the quality of their work (1-poor, 5-excellent)? 3. The experience of their staff and subcontractors (1-poor, 5-excellent)? 4. Their ability to complete the work within the contract timelines (1-poor, 5-excellent)? 5. Their willingness to work with the City on issues during construction (1-poor, 5-excellent)? 6. If change orders resulted during construction, how was the price negotiation process (1-slow/difficult, 5-fast/easy)? 7. How was their ability to manage the "paperwork' (as-builts, pay applications, change orders, RFIs, etc.) part of the construction process (1-poor, 5-excellent)? 8. If the contract is completed, have there been any warranty claims on the work (yes or no)? 9. Did the Contractor have enough equipment and able to self perform major tasks efficiently (1-poor, 5-excellent)? 10. Overall, would you recommend the contractor for another contract with the City? CITY OF ANNA COLLIN PUMP STATION GROUND STORAGE TANK No. 2 REFERENCE RATING - RED RIVER CONSTRUCTION LQUIDDITY ENGINEERING Metric Measured by Question Reference 1 Northlake SE PS & GST Reference 2 Post Oak WWTP Improvements Reference 3 Question Quality, Repu.. Team Qual. Quality, Repu.. Team Qua I. Quality, Repu.. Team Qual. Quality, Repu.. Team Qual. 1 X X 4 4 5 5 0 0 2 X X 4 4 5 5 0 0 3 X 4 5 0 4 X 5 4 0 5 X 5 5 0 6 X 4 4 0 7 X X 4 4 4 4 0 0 8 X 5 5 0 9 X 5 5 0 10 X X 5 5 5 5 0 0 Total 90% 1 88% 1 97% 1 93% 1 0% 0% Average 1 94% 91% Reference Rating Questions: 1. Your overall experience with the contractor (1-poor, 5-excellent)? 2. How would you rate the quality of their work (1-poor, 5-excellent)? 3. The experience of their staff and subcontractors (1-poor, 5-excellent)? 4. Their ability to complete the work within the contract timelines (1-poor, 5-excellent)? 5. Their willingness to work with the City on issues during construction (1-poor, 5-excellent)? 6. If change orders resulted during construction, how was the price negotiation process (1-slow/difficult, 5-fast/easy)? 7. How was their ability to manage the "paperwork" (as-builts, pay applications, change orders, RFIs, etc.) part of the construction process (1-poor, 5-excellent)? 8. If the contract is completed, have there been any warranty claims on the work (yes or no)? 9. Did the Contractor have enough equipment and able to self perform major tasks efficiently (1-poor, 5-excellent)? 10. overall, would you recommend the contractor for another contract with the City? ADDENDUM NO. 2 CITY OF ANNA, TEXAS BID, SPECIFICATION, AND CONTRACT DOCUMENTS FOR: COLLIN PUMP STATION GROUND STORAGE TANK No. 2 The scope of this project includes the construction of a 4.0 MG precast, prestressed concrete ground storage tank (GST), one (1) 3,450-gpm vertical turbine booster pump, piping connection to an existing 2,733-gpm vertical turbine booster pump, a standby diesel generator including platform, electrical modifications including a new electrical building, a new access driveway, SCADA integration with the City's existing SCADA system, security system, site fencing, piping including a new connection into the existing GTUA 24-inch waterline, relocation of existing chemical buildings and site drainage including swales that will flow into the existing roadside ditches. THE CITY OF ADDENDUM NO. 2 TABLE OF CONTENTS INVITATION TO BID.......................................................................................................1 NOTICE TO BIDDERS... ......................................................................... ....................... 3 Section1. BIDS:_ ..................................................................................................... 3 Section 2. CONTRACT DOCUMENTS: .................................................................... 4 Section 3. PLANS FOR USE BY BIDDER:_ ............................................................ 4 Section 4. TIME AND ORDER FOR COMPLETION: ................................................ 4 Section 5. TWO-YEAR MAINTENANCE BOND: ............................................... ....... 4 Section 6. PLANS FOR THE CONTRACTOR: .......................................................... 4 Section 7. PREPARATION OF PROPOSAL: ............................................................ 5 Section 8. BID SECURITY: ....................................................................................... 6 Section 9. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT6 Section 10. TIME OF COMPLETION AND LIQUIDATED DAMAGES ........................6 Section 11. PERFORMANCE AND PAYMENT BONDS: ............................................ 6 Section 12. BIDDER'S KNOWLEDGE OF CONDITIONS: .......................................... 6 Section 13. INTERPRETATION OF DOCUMENT: ...................................................... 6 Section 14. AWARD OF CONTRACT: ........................................................................ 7 Section 15. PROTECTION OF THE PUBLIC: ............................................................. 7 Section 16. AFFIDAVIT AGAINST PROHIBITED ACTS: ............................................ 8 Section 17. ENGINEER: .............................................................................................. 8 Section 18. AMERICAN DISABILITIES ACT: .............................................................. 8 Section 19. MISCELLANEOUS...................................................................................8 1 QUALIFICATION STATEMENT OF BIDDERS.............................................................11 QUALIFICATION STATEMENT OF BIDDER'S SURETY.............................................15 PREVAILING WAGE RATES FOR MUNICIPAL CONSTRUCTION IN ANNA, TEXAS 16 VENDORS COMPLIANCE TO STATE LAW.................................................................18 CONFLICT OF INTEREST QUESTIONNAIRE.............................................................19 AFFIDAVIT AGAINST PROHIBITED ACTS..................................................................21 PROPOSAL AND BID FORM.......................................................................................22 REQUEST FOR CERTIFICATE OF EXEMPTION FROM TEXAS LIMITED SALES, EXCISE AND USE TAX................................................................................................37 CONTRACT AGREEMENT........................................................................................... 38 Section 1. DOCUMENTS INCORPORATED BY REFERENCE..............................38 Section 2. REPRESENTATIONS OF THE CONTRACTOR .................................... 39 Section 3. INTENT AND INTERPRETATION..........................................................39 Section 4. CONTRACTOR'S PERFORMANCE......................................................41 Section 5. TIME FOR CONTRACTOR'S PERFORMANCE; DELAYS....................41 Section 6. FIXED PRICE AND CONTRACT PAYMENTS.......................................43 Section 7. INFORMATION AND MATERIAL SUPPLIED BY THE CITY.................46 Section 8. CEASE AND DESIST ORDER/OWNER'S RIGHT TO PERFORM WORK 47 Section 9. CONTRACTOR'S DUTIES, OBLIGATIONS AND RESPONSIBILITIES 47 Section 10. INDEMNITY............................................................................................50 Section 11. CLAIMS BY THE CONTRACTOR.......................................................... 51 Section 12. SUBCONTRACTORS............................................................................ 52 ADDENDUM NO.2 Section 13. CHANGE ORDERS................................................................................ 52 Section 14. DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK Section 15. Section 16. Section 17. Section 18. Section 19. Section 20. Section 21 55 CITY'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE ...... 56 TERMINATION BY THE CITY................................................................ 56 INSURANCE.......................................................................................... 58 PERFORMANCE AND PAYMENT BONDS; SURETY BONDS PROJECT RECORDS............................................................... APPLICABLE LAW.................................................................... SUCCESSORS AND ASSIGNS ............ 60 ............ 60 ............ 61 .............................................................. Section 22. MISCELLANEOUS PROVISIONS.......................................................... Section 23. ENTIRE AGREEMENT........................................................................... Section24. SEVERABILITY...................................................................................... Section25. WAIVER................................................................................................. BIDDER'S BOND.......................................................................................................... PERFORMANCE BOND.................................................................0............................. 62 62 62 63 63 64 66 PAYMENTBOND.......................................................................................................... 68 MAINTENANCE BOND.................................................................................................70 CERTIFICATE OF INSURANCE...................................................................................72 NOTICETO PROCEED................................................................................................75 CHANGEORDER.........................................................................................................76 SUPPLEMENTARY GENERAL PROVISIONS AND TECHNICAL SPECIFICATIONS.77 Section 1. SUPPLEMENTARY GENERAL PROVISIONS ...................................... 77 ' Section 2. TECHNICAL SPECIFICATIONS............................................................ 92 ADDENDUM NO. 2 IIUTAkr_1%I[o],i%l: D The City of Anna is soliciting competitive sealed proposals (also referenced herein sometimes as "bids" or "proposals")' for the construction of the following project: COLLIN PUMP STATION GROUND STORAGE TANK No. 2 The scope of this project includes the construction of a 4.0 MG precast, prestressed concrete ground storage tank (GST), one (1) 3,450-gpm vertical turbine booster pump, piping connection to an existing 2,733-gpm vertical turbine booster pump, a standby diesel generator including platform, electrical modifications including a new electrical building, a new access driveway, SCADA integration with the City's existing SCADA system, security system, site fencing, piping including a new connection into the existing GTUA 24-inch waterline, relocation of existing chemical buildings and site drainage including swales that will flow into the existing roadside ditches. Proposals must be submitted via IonWave, no later than the proposal submission deadline of January 25, 2024 at 2:00 p.m. Any proposals received after the specified time will not be accepted. The bid result will be published through IonWave on January 25, 2024 at 2:00 p.m. Plans and specifications may be examined, without charge, or purchased at the office of the City Secretary located at 120 W. Seventh St, Anna, Texas 75409. The cost for the documents are $100.00 per set for full-size documents and will be available beginning November 28, 2023. ****A non -mandatory pre -bid conference will be held at the City of Anna Administration Building located at 120 W. Seventh St, Anna, Texas 75409 on January 9, 2024 at 2:00 p.m. All contractors wishing to submit a proposal on this project do not need to be in attendance at this meeting. **** Bidders must submit a cashier's check, certified check, or acceptable bidder's bond with their bid as a guarantee that the Bidder will enter into a contract for the project with the Owner within (10) days of Notice of Award of the contract. The security must be payable to the City of Anna in the amount of five percent (5%) of the bid submitted. Contractor must execute the contract, bonds and certificates of insurance on the forms provided in the Plans and specifications. Contractors for this project must pay no less than the prevailing wage rates for the area established by the Owner and included in the plans and specifications. In accordance with Texas Gov't Code Sec. 2253.021, the successful bidder will be required to furnish a performance bond in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and a payment bond in the amount of 100% of the total contract price in the event ' Regardless of whether the word "bid" or proposal is used in this invitation or associated documents, the method of procurement is as set forth under Section 14.02 of the Notice to Bidders. ADDENDUM NO.,2 that said contract price exceeds $25,000. If the contract price does not exceed these amounts, the respective statutory bonds will not be required. It shall be each bidder's responsibility to inspect the site of the work and to become fully informed regarding all local conditions under which the work for this project is to be done. The City reserves the right,to reject any and all bids. CITY OF ANNA, TEXAS NOTICE TO BIDDERS Section 1. BIDS: ADDENDUM NO. 2 1.01 Competitive sealed bids (also referenced herein sometimes as "bids" or "proposals") must be submitted via IonWave, no later than the proposal submission deadline of January 25, 2024 at 2:00 p.m. Any proposals received after the specified time will not be accepted. The bid result will be published through IonWave on January 25, 2024 at 2:00 p.m. for the following project: COLLIN PUMP STATION GROUND STORAGE TANK No. 2 The scope of this project includes the construction of a 4.0 MG precast, prestressed concrete ground storage tank (GST), one (1) 3,450-gpm vertical turbine booster pump, piping connection to an existing 2,733-gpm vertical turbine booster pump, a standby diesel generator including platform, electrical modifications including a new electrical building, a new access driveway, SCADA integration with the City's existing SCADA system, security system, site fencing, piping including a new connection into the existing GTUA 24-inch waterline, relocation of existing chemical buildings and site drainage including swales that will flow into the existing roadside ditches. 1.02 Proposals shall be uploaded in IonWave by no later than the deadline, Thursday, January 25'h at 2:00 p.m. 1.03 Proposals which are incomplete, unbalanced, conditional, obscure, or which contain additions not called for, alterations or irregularities of any kind, or which do not comply with the Contract Documents may be rejected at the option of the Owner. 1.04 Each bid shall be signed on behalf of the individual, partnership or corporation making the proposal, by the person or persons legally authorized to sign the bid document and thereby bind the maker in full responsibility therefor. The address of the individual, partnership or corporation shall be appended and, upon demand, the names and addresses of all members of a partnership or the corporate officers of a corporation shall be made known. 1.05 All questions regarding the process and the submission of proposals shall be directed to the Purchasing Agent in the Municipal Building, 120 W. Seventh St, Anna, Texas 75409, telephone number (972) 924-3325. 9 ADDENDUM NO. 2 Section 2. CONTRACT DOCUMENTS: 2.01 All work associated with this project shall be done in accordance with contract documents described in the Contract Agreement. 2.02 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. Section 3. PLANS FOR USE BY BIDDER: It is the intent of the City of Anna that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge. The contract documents may be examined without charge as noted in the Invitation to Bid. Section 4. TIME AND ORDER FOR COMPLETION: 4.01 The construction covered by the contract documents shall be fully complete within 730 days consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Anna to the successful bidder. 4.02 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. Section 6. TWO-YEAR MAINTENANCE BOND: Contractor shall furnish the City of Anna a maintenance bond to guarantee against defects in the construction or equipment furnished under the project for two years following acceptance. The bond shall be executed by a surety company holding a license to do business in the State of Texas and acceptable to the City of Anna, in an amount equal to one hundred (100) percent of the original contract price. Subsequently, and at the option of the City, the successful bidder may be required to furnish an additional maintenance bond or a replacement bond in an. amount such that all maintenance bond(s) furnished hereunder equal the adjusted price of the contract based on change orders. Section 6. PLANS FOR THE CONTRACTOR: ADDENDUM NO. 2 The Contractor will be furnished two sets of specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors, or others, as required for proper prosecution of the work contemplated by the Contractor. Section 7. PREPARATION OF PROPOSAL: 7.01 The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in numerals, the price written in words shall govern. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and- address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. 7.02 The successful bidder is required to provide segregated amounts for cost of labor and other services from materials and other tangible personal property to be ultimately consumed in this project. 7.03 If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Where applicable, Powers of Attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. 7.04 The proposal shall be executed in ink. Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: a) Bidder's name. b) Proposal for: COLLIN PUMP STATION GROUND STORAGE TANK No. 2 7.05 Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. 7.06 All bidders must supply the following with their bids: a) Qualification Statement of Bidders. b) Qualification Statement of Bidder's Surety. c) Construction schedule. d) Current financial statement. ADDENDUM NO. 2 Section 8. BID SECURITY: Each bid must be accompanied by a certified or cashier's check or an approved bidder's bond made payable to the owner in an amount of five (5%) percent of the largest possible total of the bid as a guarantee that, if awarded the contract, the bidder shall enter into a contract and execute all necessary bonds. Section 9. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT The successful bidder, upon his failure to execute and deliver the contract and bonds required within 10 business days after he has received notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the bid bond amount and any other security deposited with the bidder's proposal. Section 10. TIME OF COMPLETION AND LIQUIDATED DAMAGES Bidders must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the Owner.and to fully complete the project within the specified time as stated in the proposal. Bidder must agree to pay liquidated damages as required in the contract documents for failure to timely commence work or complete the project. Section 11. PERFORMANCE AND PAYMENT BONDS: Performance and payment bonds are in the amount of not less than one hundred percent (100%) of the contract price conditioned upon the faithful performance of the contract, and upon payment of all persons supplying labor or furnishing materials, will be required upon the forms which are a part of the Contract Documents. Bonds shall be executed by a surety company authorized to do business in the State of Texas and must have a registered Agent.for Service located in the State of Texas. Owner shall approve bonds as to form. The Owner may, in its discretion, reject a surety it believes unacceptable; a failure to reject a surety who is unacceptable or fails to perform its obligations shall incur no liability to Owner. Section 12. BIDDER'S KNOWLEDGE OF CONDITIONS: Prior to submission of a proposal, bidders shall have made a thorough inspection of the site of the work and a thorough examination of the plans and specifications, and shall become informed as to the nature of the work, labor conditions, and all other matters that may affect the cost and time of completion of the work. Section 13. INTERPRETATION OF DOCUMENT: If any person contemplating submitting a bid is in doubt as to the meaning of any part of the plans, specifications, or other proposed contract documents, he may submit to the Engineer a ADDENDUM NO. 2 written request via Civcast for an interpretation thereof prior to seven (7) days of the time of opening of sealed bids. The person submitting the request will be responsible for its prompt delivery. Any interpretation of these documents will be made only by addendum duly issued and a copy of such addendum will be mailed or delivered to each person known to have received a set of such documents. The Engineer will not be responsible for any other explanations or interpretations. Section 14. AWARD OF CONTRACT: 14.01 It is the intent of the City of Anna that this project be completed as quickly and economically as is feasible. A tabulation of the bids received will be prepared for consideration by the City Council. 14.02 Award may be made either to the lowest responsible bidder or the bidder who provides goods or services at the best value for the City. No conditional bids will be accepted. The successful bidder must submit both base and alternate base bids. Unless the bids are unreasonably high and/or the Owner rejects all bids, the Owner intends to award the contract promptly on the basis of the following: Lowest Responsible Bidder, or X Bidder who provides goods or services at the best value for the City, based on the following marked factors with the corresponding values: FACTORS CONSIDERED % WEIGHT GIVEN Team Qualifications and Experience 20% Quality, Reputation, Safety Record, and Ability to Deliver Projects on Schedule and within Budget 30% Price 50% Total: 100% The Owner retains the right to waive informalities and to reject any or all bids. Section 15. PROTECTION OF THE PUBLIC: For protection and convenience of the public and emergencies, the successful bidder shall furnish the City with a telephone number where the Contractor can be contacted 24 hours a ADDENDUM NO. 2 day during the entire construction period of this project. This telephone number shall be furnished to the City in writing prior to the beginning of construction. Section 16. AFFIDAVIT AGAINST PROHIBITED ACTS: It shall be the successful bidder's responsibility to complete an affidavit against prohibited acts, on a form contained as part of the Contract Documents, prior to execution of the contract by the City of Anna. Failure to complete this form may prohibit the Contractor's ability to secure the contract. Section 17. ENGINEER: The term "Engineer" shall refer to the City Engineer or his authorized representative. Section 18. AMERICAN DISABILITIES ACT: "Any person, firm business, partnership, or corporation that provides a service or function to the public or employees, agents or officials of the city of which is performed on behalf of the City of Anna, shall comply with 42 U.S.C. 1210-12213 and any amendments thereto, known as the "American Disabilities Act of 1990"." Section 19. MISCELLANEOUS 19.01 Proposals received in the City of Anna after submission deadline will be considered void and unacceptable. The City of Anna is not responsible for lateness or non- delivery of mail, carrier, etc., and the date/time stamp in City Hall shall be the official time of receipt. 19.02 A proposal may not be withdrawn or canceled by the bidder without the permission of the City for a period of sixty (60) days following the date designated for the receipt of proposals, and bidder so agrees upon submittal of their proposal. 19.03 The City of Anna is exempt by law from payment of Texas State Sales Tax and Federal Excise Tax. Bidder shall include any sales taxes from concession sales of taxable items on City property in the total price of the sale, and shall be responsible to report and pay such taxes in a timely manner. 19.04 No oral statement of any individual shall modify or otherwise change, or affect the terms, conditions or Specifications stated in the resulting Contract Agreement. All Change Orders to the Contact Agreement will be made in writing by approval of the City Manager or his agent. 19.05 If during the life of the Contract Agreement, the successful bidder's net prices to i' other customers for items awarded herein are reduced below the Contracted price, it is ADDENDUM NO. 2 understood and agreed that the benefits of such reduction shall be extended to the City of Anna. 19.06 All delivery and freight charges (F.O.B. City of Anna) are to be included in the proposal price. 19.07 Proposals shall show number of days required to achieve Substantial Completion of the Project. Failure to state delivery time may cause proposal to be rejected. 19.08 Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire Form CIQ, the vendor or person's affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, this questionnaire must be filed with the records administrator of the City of Anna not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 19.09 The bidder shall not offer or accept gifts of anything of value nor enter into any business arrangement with any employee, official or agent of the City of Anna. 19.10 Proposals must comply with all federal, state, county, and local laws concerning these types of service(s). 19.11 Design, strength, quality of materials must conform to the highest standards of manufacturing and engineering practice. 19.12 All items supplied against credit must be new and unused, unless otherwise specified, in first-class condition and of current manufacturer. 19.13 Inspections of the project work will be made by the City or its independent contractors to ensure compliance with all applicable laws and regulations, and the specifications of this project. damages received or sustained by any person, persons, or property on account of anv negligent act or fault of the successful bidder, or of any agent, employee, demand arise from event or casualty happening or within the occupied premises E ADDENDUM NO. 2 Mail thirty (30) days prior to cancellation or upon any material change in coverage. 19.15 Successful Bidder shall pay or cause to be paid, without cost or expense to the City of Anna, all Social Security, Unemployment and Federal Income Withholding Taxes of all such employees and all such employees shall be paid wages and benefits as required by Federal and/or State Law. 19.16 Specifications and model numbers are for description only. Bidder may propose on description only. Bidder may propose on alternate model but must clearly indicate alternate model being proposed. Bidder must enclose full descriptive literature on alternate item(s). 19.17 The apparent silence of specifications as to any detail or to the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of specifications shall be made on the basis of this statement. ANY QUESTIONS concerning the Invitation for Bids and Notice to Bidders should be directed to: Steven Smith, Interim Director of Public Works City of Anna ssmith(o)annatexas.gov (972)972-4510 R ADDENDUM NO. 2 QUALIFICATION STATEMENT OF BIDDERS SUBMITTED TO: City of Anna Reviewed by: Date Received: �j CONTRACTOR: ReA R✓P Crnsir c i' cn CIRCLE ONE: Sole Proprietor Partnershi .Corporation) Joint Venture NAME: n 1J ADDRESS: 2Bf�4 C'Gi;141 } CITY: PHONE: Ojj1 5-18 - n \z'1 PRINCIPAL PLACE OF BUSINESS: C 0`\; r-, --�-e X G 5 COUNTY STATE PARTNER: ADDRESS: CITY: PHONE: PRINCIPAL PLACE OF BUSINESS: COUNTY STATE IF THE CONTRACTOR IS A CORPORATION, FILL OUT THE FOLLOWING: STATE OF INCORPORATION: LOCATION OF PRINCIPAL OFFICE: 'Z80t{ Cog}41 S4. J \� Tx —7509$ CONTACT PERSONS AT OFFICE: PERSON EXECUTII9 CONTRACTS ON BEHALF OF CORPORATION: NAME: 'ref ADDRESS: m Z13 M C aotit c TITLE: cesi cla�W. t.�e�T1 �Sn94� CITY U / STATE ZIP PHONE: _ RS: (IF APPLICABLE) cceAc r5 LIST NUMBER OF EMPLOYEES WORKING FOR CONTRACTOR: LIST ALL EQUIPMENT TO BE USED ON THIS PROJECT: (PLEASE USE ATTACHMENT) NUMBER OF YEARS IN BUSINESS AS A GENERAL CONTRACTOR ON PROJECTS SIMILAR TO THIS PROJECT: 52 TYPE(S) OF WORK DONE: (CIRCLE) Asphalt Paving Sewer ater &Sanitary Sewer Lines o Crete Pavjng� Earth Work C Steel Erection �Misc. Concre a Br ge Wo Painting Channe fining Demolition Fog Seal ump tations Landscaping Chip Seal 11 Vertical Buildings Concrete Tanks Electrical Improvements w/ Medium voltage Electrical Equipment SCADA Backup Generator (1-2 MW) Concrete Structures: Inlets, Box Culverts Junction Boxes: Public Facilities (list types): Other: COMMENTS: LIST RECENTLY COMPLETED PROJECTS OF THE TYPE OF WORK QUALIFYING FOR OR SIMILAR WORK, PLUS THE FOLLOWING INFORMATION FOR EACH PROJECT: PROJECT: YEAR BUILT: CONTRACT PRICE: CONTACT PERSON: PROJECT: OWNER/ENGINEER: YEAR BUILT: CONTACT PERSON: PHONE: CONTRACT PRICE: PHONE: PROJECT: OWNER/ENGINEER: YEAR BUILT: CONTRACT PRICE: CONTACT PERSON: PHONE: PROJECT: OWNER/ENGINEER: YEAR BUILT: CONTRACT PRICE: CONTACT PERSON: PHONE: (USE ATTACHMENTS IF NECESSARY) LIST INCOMPLETE PROJECTS, PLUS THE FOLLOWING INFORMATION FOR EACH PROJECT LISTED: ^�- 5Ce (3rac.1%jre PROJECT: OWNER/ENGINEER: PERCENT COMPLETE: CONTRACT PRICE: CONTACT PERSON: PHONE: 12 ADDENDUM NO. 2 PROJECT: OWNER/ENGINEER: _ PERCENT COMPLETE: CONTRACT PRICE: CONTACT PERSON: PHONE. PROJECT: OWNER/ENGINEER: PERCENT COMPLETE: CONTRACT PRICE: CONTACT PERSON: PHONE: PROJECT: OWNER/ENGINEER: _ PERCENT COMPLETE: CONTACT PERSON: CONTRACT PRICE: PHONE: (USE ATTACHMENTS IF NECESSARY) IF COMPANY IS UNDER NEW MANAGEMENT, PLEASE LIST NAMES OF STAFF AND QUALIFICATION AND/OR EXPERIENCE OF SAID PERSONS. (PLEASE USE ATTACHMENT.) HAVE YOU OR ANY PRESENT PARTNER(S) OR OFFICER(S) FAILED TO COMPLETE A CONTRACT? _t� D IF SO, NAME OF OWNER AND/OR SURETY: CONTACT PERSON: PHONE: ARE THERE ANY UNSATISFIED DEMANDS UPON YOU AS TO YOUR ACCOUNTS PAYABLE? N 0 IF SO, GIVE NAMES, AMOUNTS, AND EXPLANATIONS: Bank: "-Texas -Tr .,g�- Address: 5Lsc, at, --9vreeT City: Contact Person: Phone: q6`f MUNICIPALITY REF�-E-�R ty: NCE: CtTtir of M�a Contact Person: L��fu�Z-f Position: %.� N6ECL Address: T-Phone: qo3-892--12 Z Cd► evla►�1 ?(' 'f569� 13 ADDENDUM NO. 2 OTHER CFJEDIT RE ENCES: Name: Name: F Sow �iatti�vovr�, Address: O. Address: Zi607o r%� �oMLA1(�TOsS fJJA Eui,cfVs, Phone: —97_ — °l Phone: ?kn— Z6i— �ftao In compliance with Invitation to Bid for above mentioned types of projects, the undersigned is submitting the information as required with the understanding that the purpose is only to assist in determining the qualifications for this organization to perform the type and magnitude of work designated, and further, guarantee the truth and accuracy of all statements made, and will accept your determination of qualifications without prejudice. The surety herein named, any other bonding company, bank, sub -contractor, supplier, or any other person(s), firm(s) or corporations with whom I (we) have done business, or who have extended any credit to me (us) are hereby authorized to furnish you with any information you may request concerning performance on previous work and my (our) credit standing with any of them; and 1 (we) hereby release any and all such parties from any legal responsibility whatsoever on account of having furnished such information to you. Signed: 1 Title: Dean Porter, Prasidont Company: liver Construction Co. Date: I — ZS - Z COPY TO LOCAL UNDERWRITING OFFICE OF PROPOSED SURETY Name: 136�nrx:w_ R'rovr.,$*01-AJn+�c ePhone: �112 — yl 5 — 3(0 1 b Address: -1515 IDe_ V,4r * ai%p City: —State:S�_ 1523 14 ADDENDUM NO. 2 QUALIFICATION STATEMENT OF BIDDER'S SURETY SUBMITTED TO: City of Anna BIDDER: Red River Construction Co. ADDRESS: 2804 Capital St., Wylie TX 75098 PHONE: 972/578-0127 1. Has this surety furnished contract bonds on contracts now complete? Yes 2. Has this surety furnished contract bonds on contracts now incomplete? Yes 3. What is the maximum bonding capacity of this Contractor? $15 million Sin Ig e/$30 mil Aggregate 4. Is the current financial information on this Contractor satisfactory? Yes 5. Does information obtained indicate accounts are paid when due? Yes If not, give details: 6. Is it your opinion that the bidder has sufficient experience and financial resources to satisfactory perform the contract? Yes 7. Provided this bidder does not assume other commitments or that you do not acquire further information that in your opinion will materially affect the bidder's capacity to perform this contract, will you furnish the bonds as specified? REMARKS: (IN DUPLICATE) SURETY: Colo Americ alty and Surety Company SIGNED_ TITLE:- Tracy Ti& r, borne -in-Fact ADDRESS: 2821 W. 7t i Street #500 Fort Worth TX 76107 CITY STATE ZIP PHONE: 817/336-8520 15 ADDENDUM NO. 2 PREVAILING WAGE RATES FOR MUNICIPAL CONSTRUCTION IN ANNA,TEXAS General Decision: TX20080057 Date: September 11, 2009 Construction Types: Building Counties: Collin and Denton Counties in Texas. Rates are for Building construction projects only. For other wage rates or for updated rates, please the Texas General Decision County Index located at hftp://www.qpo.gov/davisbacon/tx.html Rates $ Fringes Acoustical Installer 12.27 0.00 Carpenter (Excluding Acoustical Installers & Drywall Hangers) 12.36 1.38 Drywall Hanger 12.17 0.00 Electrician 13.10 1.97 Laborer, Unskilled (Excluding Landscape Laborers) 7.25 0.86 Painter: Brush & Spray 10.15 0.00 Painters doing drywall finishing only 10.08 0.00 Paperhanger 12.50 2.20 Plumbers and Pipefitters (Including HVAC Work) 12.47 1.87 Power Equipment Operator (Cranes) 15.00 2.85 Roofer, Including Built Up, Composition and Single PI Roofs 10.17 1.10 Sheet Metal Worker (Including HVAC Duct Work) 10.94 1.45 Sprinkler Fitter 12.00 2.30 Welders — Receive rate prescribed for craft performing operation to which welding is incidental. WAGE DETERMINATION APPEALS PROCESS 1. Has there been an initial decision in the matter? This can be: 16 * an existing published wage determination * a survey underlying a wage determination • a Wage and Hour Division letter setting ADDENDUM NO. 2 forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3. If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. , All decisions by the Administrative Review Board are final. 17 ADDENDUM NO. 2 VENDORS COMPLIANCE TO STATE LAW Texas Government Code, Chapter 2252, Subchapter A provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state Contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section 4 must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident Contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident vendors in (give state), our principal place of business, are not required to underbid resident bidders. �. Our principal place of business or corporate office is in the State of Texas. BIDDER/OFFEROR: �P[7 1VJP±r�ertS�fUC�iAI� Co Company _ Z(bok-i WTx so9$ City U State Zip 5-18-ot21 Phone By: (please print) Signature: I / _� ►� Title: �fe5l��rl� (please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION 18 ADDENDUM NO. 2 CONFLICT OF INTEREST QUESTIONNAIRE 19 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects ehanges made to the law by N.S. 1491, Both Leg., Regular Session. OFFICE USEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code Date Received by a personwho has a business relationship as defined try Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). Bylaw this questionnaire must be filed with the records admirrstrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. Red River Construction Co. Check this box if you are filing an update to a previously filed question nacre. Ef z (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government ofFleerwith whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, 8, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? 17 Yes ETNo B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? El Yes IZINo C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent w more? Yes FU9 No D. Describe each employment or business relationship with the local government officer named in this section. W )OL 4 Red fdver Conswumon 1, c, l /---� Signature of person.dgi0g tgls Wg1'wj t1el9gArnientel entity Date Adopted 06/29/2007 ADDENDUM NO. 2 AFFIDAVIT AGAINST PROHIBITED ACTS I hereby affirm that I am aware of the provisions of Texas Penal Code Section 36.02, 36.08, 36.09 and 36.10 dealing with Bribery and Gifts to Public Servants. I further affirm that I will adhere to such rules and instruct and require all agents, employees, and sub -contractors to do the same. I am further aware that any violation of these rules subjects the Contract Agreement for this project to revocation, my removal from bid lists, prohibiting future contract/subcontract work, revocation of permits, and prosecution. Signature ATTEST (if corporation) I 1 2517 - Date (,25I2'A Date 21 PROPOSAL AND BID FORM ADDENDUM NO.2 22 ADDENDUM NO. 2 PROPOSAL AND BID FORM Proposal of ,Red RtILr Co r.6�(LJCi"k on G6 (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 is 2:00 on January 25, 2024 Date of Results published through IonWave is 2:00 on January 25, 2024 Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of: COLLIN PUMP STATION GROUND STORAGE TANK No. 2 The scope of this project includes the construction of a 4.0 MG precast, prestressed concrete ground storage tank (GST), one (1) 3,450-gpm vertical turbine booster pump, piping connection to an existing 2,733-gpm vertical turbine booster pump, a standby diesel generator including platform, electrical modifications including a new electrical building, a new access driveway, SCADA integration with the City's existing SCADA system, security system, site fencing, piping including a new connection into the existing GTUA 24-inch waterline, relocation of existing chemical buildings and site drainage including swales that will flow into the existing roadside ditches. 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 730 days consecutive calendar days, thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum specified 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 23 ADDENDUM NO.2 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 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. 24 ADDENDUM NO. 2 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. 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 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. 25 COLLIN PUMP STATION GROUND STORAGE TANK No. 2 E%NR31T A PAGE ADDENDUM NO. 2 BID PROPOSAL Item Approx. Unit Description of ltsm with Unit Bid Price In Written Unit Price Total Amount LS Movean and set-up necessary equipment to construct Cope Pump Station Ground Storage Tank No. 2. including insurance and bond costs, complete as apecmed \ ( f FI �) o 0 0 f Li 00 I Oo0 '(a6uf �ufA�f-Pd a�1 SGYtf1 Dollars n 6 Cents Per Lump Sum, complete in place LS Construct one (1) 4,00g000 gallon precast, pre- stressed concrete ground storage tank including internal riser piping and fittings, underground piping and fittings located under foundation excluding foundation, complete as speckled RFD U Y YY11t f\ Dollars 00 Cents Per Lump Sum, complete in plane LS Construct one (1)4,000.000gallon precast. pre- stressed concrete ground storage tank foundation including su-bgrade`preparation, template as spedped ` -91wn i UCpfe8 �er%l ,jseneLiars N, Cents Per Lump Sum, complete In place S 4 , 0M 1000 S LA 0 0 0 1 0 p0 s—ilit)000 a `ll OfC>Od 1-5 Provide and install one 0,450 gam veNcal turbine booster pump, including electric motor, column assembly, pump appurtenances. and discharge heard„ 1^ D r H�� compete as specified1 S h Z f , 2 en h..ndfe d'F-reA•� �"S t6aMars as ✓vica Cents Per lump Sum, complete In plow LS Provide and install piping Mihin the plant boundaries 1 Including valves. fittings. mmsl blocks, appurtenances, and pipe supports, complete as speckled „po one m;\\'ton ;wf h..„dfed45 � Lim �o V1,o Cents Per Lump Sum, complete in place LS Provide and Install al electrical equipment, Including povier distribution equipment, underground and aboveground conduct and v int, utility coordination and utility service, site lighting, grounding and building c equipment, complete as speckled 500 DQO S , l010 000 orle rn, W on P v e h-6-!-8 fh�oUr4r � 1 i� / Dollars no Cents Per Lung Sum, comptele In place 26 COLLIN PUMP STATION GROUND STORAGE TANK No. 2 EXHIBIT A, PAGE ADDENDUM NO. 2 BID PROPOSAL Bem ApproX. Unit Description or Kom with Unit Bid Price In Written Unit Price Amount No. Ouantiry Words 7. 1 LS Construct electrical busting Including an furnishings 2.5 O+000 Z 5 0 0 0 0 and appurtenances, complete as specified s S "l`"� i1u ir�v (l(�CPa ? IY10.)`��'n Dolars hU cents Per Lump Sum, complete In place B. 1 LS Construct electncal building foundation slab including subgrade preparation, complete as spec tied s VDO� oa0 s i b© co O O one h^t "red �no�sc Ind Donors V)O Cents Par Lump Som, complete in place 9. 1 LS Provide and Install a 1,500 KW standby diesel engine driven generator set with sub -base fuel lank and waalherproor-sound attenuating enclosure, Including platform around generator and grounding, complete as specified S� 000 s 9 ZSF C o0 �'-,v� +Y1oVi4rya nine Dollars n 0 Cents Per Lump Sum, complete in place 10. 1 LS Construct emergency generator foundation slab gl� �O O v OO ndudng�s"ubgradee preparation. complete as specified S $ 21Qh �.1 '1 a1pJSQ nO Dollars ('10 Cents Per Lump Sum, complete in place 11, 1 LS Provide and Install all SCADA control system and Instrumentation equipment, Including SCADA and instrumentation ntegmfing, programming, testing and tralnng. PLC panel, radio communication equipment. ( as specified I LLtt O a i {„�D OO S" 5 p O S q 4mplete O�s6n h&2ndrer wr Pi Datwra n0 Cents Per Lump Sum. complete in place 12. 1 LS Provide and Install a secunly camera surveIDance system, ncludng network cabling, programming, testing and In nnp, complete as specified .fir,, �� s 4 9 5 000 $ 1 c1l S r O 4o 6f� i1uGC�(Q� Kloe: T Vt_ ' "' Dollars ✓10Cents Per Lump Sum, complete in place 27 COLLIN PUMP STATION GROUND STORAGE TANK No. 2 EXHIBIT A, PAGE ADDENDUM NO. 2 BID PROPOSAL Item Approx. escription of tom with Unit Bid Price In Written ._ ....__.,�. Unit ,,D,__._ Unit Price Total Amount 13, 1 LS Protective coatings of all tacdilies, Including pump and motor, piping. valves, miscellaneous metals, and electrical huddling, compleette• as specified S 1015 CC>C> $ %5 60<7::> S1X�y, YhJQ 7r1b JSgr1� Dollars A O Cents Per Lump Sum, complete in place 14. 1952 LF Construct a sixJoot (W) chain -Rink fence whin 3 suands of barbed wire around to she. Including gates and i00 CD \ 12 accessories, complete as specified $ 6 h ,S\ icy V Dollars n O Cents Per Linea Foot, complete in place 15. 1 LS Provide and instal al kems necessaryto ade drainage including slope paving. culverts, she grading, G (D l 5 swales, c mplele as specified $ S /and ` O U S 4 h G Dollars (\ O Cents Par Lump Sum, complete in place 16. 127 SF CmimiG proposed sidewalks, complete as spewed rf \C.00 Dollars r7 O Cards Per Square Fast, complete In place 17, 486 SY Grading and compaction of Birch (6") subgrade, complete as specified E $ r Dollars r O Cents Per Square Yard, complete in place 18. 486 SY Consbucl 2-Inch (2-) hot mix asphaltic conaale access driv" on 6-Inch (6*) 8esbass at shown In the plain, complete as specified : 5 o S Dollars h Q Cents Per Square Yam, complete n place 28 COLLIN PUMP STATION GROUND STORAGE TANK No. 2 EXHIBIT A, PAGE ADDENDUM NO. 2 BID PROPOSAL Item Appros. Unit Descriptor, of hem with Unit Bid Price In Written Unit Price Total Amount No. Ouanliry Words 19. 461 SY C.md ct waned concrete access drive as shown on JG�� the plans including grading and compaction, and placement of crushed limestone. complete as �J1X CC p specified If J If Cellars /fp Cents Per Square Yard, complete in place 20. 1 LS Relocate wasting chemical buildings Including piping and electrical modifications as shown on the plans. % ycomplete as�rIstpedfied f "'• I �C) If Qe \ Tl obi g.rtfi I11 fie �l0 DOII. r n0 Cents Per Lump Sum, complete in place 21. 1 LS Consbrudco cratepadforrelocx0onof Chemical buntings as shown on the plans, complete as spedeed 11 S n00 $ g 000 PIN byYN- -'m OV)$G QA Dollars ✓10 Cents Per Lump Sum, complete in place 22. 1 LS Provide branch safety system for on -site piping and C foundation construction, complete as specNnd f J 00 f I� i'YV`ae J Q ryrl Dolars f Per Lump Sum, complete in place 23. 1 LS Pro,nd o a stormwater pollution prevention plan. LL complete as spedfied f Z, �� f SSW U 1RJ 0/-,p 'V'j OJ -Sr_ h A Dollars r n . _ . Per Lump Sum, complete in place 24. 1 EA Connect proposed 6' waterline to existing 6' watedne, complete as specified f 5. G'p r'J f :&'o 'V10V S nY�Dollars r ni) Cents Per Each, complete in place 25. 3 EA Conned Proposed 24"walerine to existing 24" 3Ll _}waterine, completeasspedfied ` f CXx°i f IY1 1C NN�1 ' OQC J'S4YLU Dolars n� Cents Per Each, complete In place 29 COLLIN PUMP STATION GROUND STORAGE TANK No. 2 EXHIBIT A, PAGE ADDENDUM NO. 2 BID PROPOSAL Item Approx. Unit Description of Rem%,th Unit Bid Price In Written Unit Price Total Amount an nu...nm w....r. 26, 1 EA Connect proposed 24" waterline to existing 12- 1 � O O6 1 5, 00� w(�a-lerrfna. complete as spedfied S ` y � ?13�e Cv3 eu SG PL Dole. r) 0 Cents Par Each, complete in place 2T. t EA Conned proposed 36- waterline to existing 36- waterline, 3 x3 O O �j 3 O O� complete as specified = tO S Dollars nn Cents Per Each, complete in place 28. 1 LS Hydromulch seed all area within Me water plant site and all other areas affected by construction, complete ZO, '2()Odp as speed S OCO S 1 )T�-1 MOJSQYI C1 Dolan � 00 Cents Par Lump Sum, complete in place 29. 1952 LF nstalatemporwysewtxyfencepri rtoconsWdlon and demolish the temporary fence prior to nstaling the permanent fence, complete as specified CJ K� x0 Dollars C7 (� O Cents Per Linear Feet, complete In place 30. 893 LF Demolish existing sou -foot (6) chain-enx fence around the site including accessories. wmplele as specified 5"1Z Doe m n O Cents Per Linear Fool, complete n place 31. 1 LS Remove, relocate, demolish and dispose the existing electrical, controls, and SCADA systems, including the existing utility service, complete as specified 2b ocSO 20 000 i 4ild A : : lT,10 1) S YCZ' n Dolars 1 T ✓10 Cents Per Lump Sum, complete n place 32. 5664 CY Remove and export off site Me excavated did from 8'1 —11p wnstrudion, complete as specified $ 5 �1�i c e n Dollars Per Cubic Yard, complete In place 30 COLLIN PUMP STATION GROUND STORAGE TANK No. 2 EXHIBIT A. PAGE ADDENDUM NO. 2 BID PROPOSAL ttem Approx. Description of Nam with Unit Bid Price In Written Unit.,,__�_ Unit Price Total Amount 33. 1 LS Provide completed record draWngs and O&M 'manuals. complete as specified JJ S 21 0ORO S \ 2 b 0 in 'Iw Q'IJ G-FVAOa, 5 C.Y.L Dinars nO Cants Per Lump Sum, complete In place LABOR AND MATERIAL BREAKDOWN (BASE BID) (a) Total cost of materials Incorporated Into work. (b) Total cost of materials purchased or leased for use, but not Incorporated Into work (Including sales tax or use tax). (c) Total cost of labor, overhead, profit and other reasonable incidental costs o(the work. NOT TO EXCEED TOTAL BASE BID AMOUNT SUMMARY OF BID: TOTAL BASE BID AMOUNT TOTAL ALTERNATE BID AMOUNT TOTAL BASE BID AND ALTERNATE BID AMOUNT $� C, =S 950 ) OOO pot :8 3�.400 6 to Sti3;'4 00 S WA S O Li00 31 ADDENDUM NO. 2 EXHIBIT A, PAGE 7 BID PROPOSAL FOR COLLIN PUMP STATION GROUND STORAGE TANK No. 2 LIST OF MAJOR EQUIPMENT ITEMS The base bid includes furnishing and installing major equipment exactly as specified and shown on the drawings. Equipment on which the design is based is designated by an asterisk (*) in the table below and shall be used in determining the Base Bid. The bidder must signify which of the manufacturers designated by an (*) was used in the bid tabulation by entering a zero (0.00) dollar amount in the Add (Deduct) column of the following table If other than the design equipment is selected, the contract sum may be adjusted by the amount shown below. As bidder, I understand and agree to provisions of conditions of the contract governing substitutions. I will comply by submitting to the Engineer for review, detailed drawings for modifications in structures, piping, electrical and mechanical work occasioned by the substitution. The Engineer reserves the right to require installation of the asterisk items regardless of substitutions proposed by the Contractor. Description Concrete Ground Storage Tank Vertical Turbine Booster Pumps Electric Motors Manufacturer 'DN Tanks *Preload *Flowserve *National 'Simflo 'U.S. Motors *General Electric Automatic Controls 'Prime Controls (PLC/SCADA System Integrator) Size/Type/No. Stages 5t`n\�oM Z5-tG,L Add/Deduct 32 ADDENDUM NO. 2 EXHIBIT A, PAGE 8 BID PROPOSAL FOR COLLIN PUMP STATION GROUND STORAGE TANK No. 2 Description Manufacturer Electrical Power `Siemens Distribution Equipment 'Schneider Electric (Square D) 'Eaton Variable Frequency Gaskawa Drives Generator `Cummins 'MTU 'Mustang -CAT *Kohler Camera Surveillance Axis Communications System Flow Meter "Khrone (Magnetic) *Siemens Protective Coating 'Carboline & Painting 'Induron 'Tnemec 'Sherwin Williams Size/Type/No. Stages Add/Deduct 33 ADDENDUM NO. 2 EXHIBIT A, PAGE BID PROPOSAL FOR COLLIN PUMP STATION GROUND STORAGE TANK No. 2 LIST OF SUBCONTRACTORS 1. Mechanical 2. Electrical 3. Painter 4. Ground Storage Tank Supplier/Erector Qicd Q*,vc,r C=n5krVCN!C)r-x (�!Z, Ck A- 'A Lie c.! r-'� C- 1 e--Aw5 �re.wiirsr Coc.�tng5 T Ye\ n 0.� V SUBSTITUTIONS: If necessary, attach detailed explanation to proposal. 2. (Add) (Deduct) (Add) (Deduct) It is understood and agreed that the work shall be complete in full within 730 calendar days after the date on which work is to be commenced as established by the Contract Documents. It is agreed that the contract price may be increased or decreased to cover work added or deleted by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement. The award may be made on the Base Bid alone or a sum of the Base Bid and any combination of the items listed under Alternates or Substitutions. In addition, Supplementary Item unit prices may be used to determine the most advantageous bid. The undersigned agrees that the amounts bid in this proposal will not be withdrawn or modified for 60 days following date of bid opening. It is understood that the bid security accompanying this proposal shall be returned to the undersigned unless, in case of the acceptance of this proposal the undersigned should fail to enter into a construction contract and execute bonds as provided in the specifications. In the event the undersigned should fail to enter into a construction contract and execute bonds as required within 14 calendar days after the Engineer has given unsigned contracts to the Contractor, it is understood and agreed that the bid security shall be forfeited to the Owner and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner as a result of such failure on 34 ADDENDUM NO. 2 EXHIBIT A, PAGE 10 BID PROPOSAL FOR COLLIN PUMP STATION GROUND STORAGE TANK No. 2 the part of the undersigned. It is understood that the Owner reserves the right to reject any and all bids. In the event of Award of the Contract to ,the undersigned, the undersigned agrees to furnish Performance and Payment Bonds as provided in the Specifications. 35 ADDENDUM NO. 2 EXHIBIT A, PAGE 11 BID PROPOSAL FOR COLLIN PUMP STATION GROUND STORAGE TANK No. 2 Recapitulations TOTAL BASE BID $ lO ) a`A-3 , `i o0 Notice of award will be mailed to the undersigned at the following addresses: ,0 n(� ` �� ,. �i'r.•: r'r•y�y JPM CGr�S� rCGlr 0 r" c3 Contractor r —LL: 1. J.E a cr -�— 'rrr,,,;; • • � Principal Place of Business (Corp. Seal if Bidder its Corporationy Attest: C Sl Secretary: MireA'tM Car Por`C4 SecrekGcy— Acknowledgment is hereby made of receipt of the following Addenda, if any: No. No. 2 No. Date:Locyv\� H2aZ3 Date: ��n��r I`j 202'I'f Date: List Subcontracts (Company name, contact number and type of work): to ADDENDUM NO. 2 REQUEST FOR CERTIFICATE OF EXEMPTION FROM TEXAS LIMITED SALES, EXCISE AND USE TAX Date: February 26, 2024 TO: City of Anna, Texas Municipal Building 120 W. Seventh St Anna, TX 75409 RE: COLLIN PUMP STATION GROUND STORAGE TANK No. 2 The undersigned Contractor hereby requests a Certificate of Exemption from the Texas Limited Sales, Excise, and Use Tax in the amount of Five Million Six Hundred Thousand Dollars ($ 5,600,000.00 ) which is an amount not exceeding the contract price of all materials and other tangible personal property to be furnished in connection with the subject property. The undersigned hereby represents that such materials and property have been or will be utilized in the performance of the Contract Agreement to the full extent or the amount for which such Certificate of Exemption is requested. Red River Construction Co. Company By: Dean Porter (Please Print) Signature: Title: President (Please Print) Address: 2804 Capital Street Wylie, Texas 75098 City State Zip 972-578-0127 Phone/Fax (Sal if Corporation) 37 ADDENDUM NO.2 CONTRACT AGREEMENT THIS COLLIN PUMP STATION GROUND STORAGE TANK No. 2 Contract (hereinafter this "Contract Agreement") entered into this 26th day of February, 2024 by and between the CITY OF ANNA, TEXAS, a Texas municipal corporation, ("City") and Red River Construction Co.. located at 2804 Capital, Wylie, TX 75098 ("Contractor"). WITNESSETH: WHEREAS, the City wishes to contract for the project identified as COLLIN PUMP STATION GROUND STORAGE TANK No. 2 (the "Project"); and WHEREAS, the Project shall include all work and activities necessary to complete the following scope of work (hereinafter referenced as "Work"): The scope of this project includes the construction of a 4.0 MG precast, prestressed concrete ground storage tank (GST), one (1) 3,450-gpm vertical turbine booster pump, piping connection to an existing 2,733- gpm vertical turbine booster pump, a standby diesel generator including platform, electrical modifications including a new electrical building, a new access driveway, SCADA integration with the City's existing SCADA system, security system, site fencing, piping including a new connection into the existing GTUA 24-inch waterline, relocation of existing chemical buildings and site drainage including swales that will flow into the existing roadside ditches in accordance with the Contract Documents as that term is defined herein; and WHEREAS, the Contractor has represented to the City that its personnel are qualified to provide the Work required in this Contract Agreement in a professional, timely manner as time is of the essence;and WHEREAS, the City has relied upon the above representations by the Contractor; and WHEREAS, the City's consulting engineer has recommended that an agreement for aforesaid construction be entered into with the Contractor; WO RREFORE, 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; 38 ADDENDUM NO. 2 Proposal and Bid Form; Request for Certificate of Exemption from Texas Limited Sales, Excise and Use Tax; Contract Agreement; Bidders Bond; Performance Bond; Payment Bond; Maintenance Bond; Certificate of Insurance; Notice to Proceed; Any executed Change Orders; Supplementary General Provisions and Technical Specifications; and, Plans, Specifications and Drawings and all other documents made available to bidder for his inspection in accordance with Invitation to Bid,' all of which are hereby incorporated herein by reference, whether or not attached hereto, and made a part hereof (hereinafter along with this Contract Agreement and referenced collectively as the "Contract" or "Contract Documents"). Change Orders issued hereafter, Construction Change Directives, a Direction for a Minor Modification in the Work issued by the City, and any other amendments executed by the City and the Contractor, shall become and be a part of the Contract Documents. Documents not included or expressly contemplated in this Section 1 do not, and shall not, form any part of the Contract. The Contract Documents are intended to be complementary, and a requirement in one document shall be deemed to be required in all documents. However, in the event of any conflict between any of the above -listed documents and this Contract Agreement, this Contract Agreement shall control. Section 2. REPRESENTATIONS OF THE CONTRACTOR ` In order to induce the City to execute the Contract and recognizing that the City is relying thereon, the Contractor, by executing the Contract, makes the following express representations to the City: 2.01 The Contractor is fully qualified to act as the general contractor for the Project and has, and shall maintain, any and all licenses, permits or other authorizations necessary to act as the general contractor for, and to construct the Project; 2.02 The Contractor has become familiar with the Project site and the local conditions under which the Project is to be constructed and operated; 2.03 The Contractor has received, reviewed and examined all of the documents which make up the Contract, including, but not limited to all plans and specifications, and has found them to the best of its knowledge, to be complete, accurate, adequate, consistent, coordinated and sufficient for construction. Section 3. INTENT AND INTERPRETATION With respect to the intent and interpretation of the Contract, the City and the Contractor agree as follows: 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. T 39 ADDENDUM NO.2 3.01 This Contract Agreement (along with its exhibits and other documents expressly referenced in Section 1, above), together with the Contractor's and Surety's bid/proposal bond, performance and payment bonds, and maintenance bonds for the Project constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements. 3.02 Anything that may be required, implied or reasonably inferred by the documents which make up the Contract, or any one or more of them, shall be provided by the Contractor with no increase to the Contract Price; 3.03 Nothing contained in the Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the City and any person except the Contractor; 3.04 When a word, term, or phrase is used in the Contract, it shall be interpreted or construed first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage; 3.06 Wherever the Contract calls for "strict" compliance or conformance with the Contract Documents as to matters —other than compliance with time limits, providing an updated schedule, and claim and change order procedures —the term shall mean within tolerances as described specifically in the Contract Documents, or if not specifically described, within industry standards and tolerances for deviation for the specific item or procedure in question; 3.06 The words "include", "includes", or "including", as used in the Contract, shall be deemed to be followed by the phrase, "without limitation'; 3.07 The listing herein of any items as constituting a material breach of the Contract shall not imply that any other, non listed item will not constitute a material breach of the Contract; 3.08 The Contractor shall have a continuing duty to read, examine, review, compare and contrast each of the documents which make up the Contract, shop drawings, and other submittals and shall give written notice to the City of any conflict, ambiguity, error or omission which the Contractor may find with respect to these documents, before proceeding with the associated part of the Work. The express or implied approval by the City or its designee of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with the Contract. If the Contractor performs any activity knowing it involves an error, inconsistency or omission which was recognized, obvious, or reasonably should have been recognized, without such notice to the City, the Contractor shall assume responsibility for such performance and shall bear the costs for correction; 3.09 In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up the Contract, the following shall control: (1) as between this Contract Agreement and any other document, this document shall govern; or, 40 ADDENDUM NO. 2 (2) in the case of any conflict, discrepancy or inconsistency among any of the other Contract Documents, and such conflict is not resolved by reference to the Supplementary General Provisions and Technical Specifications, then the Contractor shall notify the City immediately upon discovery of same for resolution. Section 4. CONTRACTOR'S PERFORMANCE The Contractor shall perform all of the Work required, implied or reasonably inferable from the Contract including, but not limited to, the following: 4.01 The Contractor will complete the entire Work described in the Contract Documents, except as specifically identified therein as the work of other parties or expressly excluded by specific reference, in accordance with the terms herein. 4.02 The furnishing of any and all required surety bonds and insurance certificate(s) and endorsement(s); 4.03 The provision or furnishing, and prompt payment therefor, of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, disposal, power, fuel, heat, light, cooling, or other utilities, required for construction and all necessary building permits and other permits or licenses required for the construction of the Project; 4.04 The creation and maintenance of a detailed and comprehensive copy of the drawings, specifications, addenda, change orders and other modifications depicting all as -built construction. Said items shall be submitted to the City, along with other required submittals upon Completion of the Project, and receipt of same by the City shall be a condition precedent to final payment to the Contractor. The Contractor shall prepare and submit final as -built drawings to the City. Section 5. TIME FOR CONTRACTOR'S PERFORMANCE; DELAYS 5.01 The Contractor shall commence the performance of the Contract on the date set forth in the Notice to Proceed issued by the City Manager or the City Manager's designee and shall diligently continue its performance to and until Completion of the Project. The Contractor shall accomplish Substantial Completion (as defined herein below) of the Project not more than 700 calendar days following the issuance of the Notice to Proceed, (sometimes hereinafter referred to as the "Contract Time"). This Contract Time includes 153 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 Less than $25,000.00 AMOUNT OF LIQUIDATED DAMAGES $100.00 Per Day 41 $25,000.00 to $99,999.99 $100,000.00 to More than $999,999.99 $1,000,000.00 ADDENDUM NO.2 $160.00 Per Day $240.00 Per Day $500.00 Per Day 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. 6.06 If the Contractor is delayed at any time in the progress of the Work by any separate contractor employed by the City, or by changes in the Work, or by labor disputes, fire, unusual delay in transportation, unusually severe weather conditions, unavoidable casualties, delays specifically authorized by the City, or by causes beyond the Contractor's control, avoidance, or mitigation, and without the fault or negligence of the Contractor and/or subcontractor or supplier at any tier, then the contract time shall be extended by Change Order for such reasonable time, if any, as the City may determine that such event has delayed the progress of the Work, or overall completion of the Work if the Contractor complies with the notice and documentation requirements set forth below. (1) If the Contractor is delayed, obstructed, hindered or interrupted for a period of time exceeding seven calendar days by any act or neglect of the City, an adjustment shall be made for any increase in the direct cost of performance of this contract (excluding profit, extended home office overhead, incidental or consequential damages or disruption damages) and the Contract modified in writing accordingly. The Contractor must assert 42 ADDENDUM NO. 2 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 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. 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 $10,843,400.00. 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. 43 ADDENDUM NO. 2 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 101 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 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 44 ADDENDUM NO. 2 waive and relinquish any liens, lien rights or other claims relating to the Project site. Furthermore, the Contractor warrants and represents that, upon payment of the Payment Request submitted, title to all work included in such payment shall be vested in the City. 6.03 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 6.06, the Contractor shall promptly comply with such demand. The City's rights hereunder survive the term of this Contract Agreement, are not 45 ADDENDUM NO. 2 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 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 46 ADDENDUM NO.2 the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract. The City shall investigate the conditions, and if it finds that such conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work under the Contract, whether or not changed as a result of such conditions, an adjustment shall be made, through negotiation and mutual agreement, and the contract modified in writing accordingly. Section 8. CEASE AND DESIST ORDER/OWNER'S RIGHT TO PERFORM WORK 8.01 In the event the Contractor fails or refuses to perform the Work, or any separable part thereof, as required herein, or with the diligence that will ensure its proper, timely completion in accordance with the contract documents, the City may instruct the Contractor, by written notice, to cease and desist further Work, in whole or in part, or to correct deficient Work. Upon receipt of such instruction, the Contractor shall immediately cease and desist, or proceed, as instructed by the City. In the event the City issues such instructions to cease and, desist, the Contractor must, within seven calendar days of receipt of the City's instructions, provide a written, 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. 47 ADDENDUM NO.2 9.02 All work shall strictly conform to the requirements of the Contract. To that end, the Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work, unless otherwise specified in the Contract Documents; 9.03 The work shall be strictly supervised, the Contractor bearing full responsibility for any and all acts, errors or omissions of those engaged in the work on behalf of the Contractor, including, but not limited to, all subcontractors and their employees. The Contractor shall maintain an on - site superintendent while any portion of the Work is being performed. The Contractor shall operate exclusively in the capacity of the City's independent contractor as to all work it performs under the Contract, and not as an agent, employee, or representative of the City; 9.04 The Contractor hereby warrants that all laborers furnished under the Contract shall be qualified and competent to perform the tasks undertaken, that the product of such labor shall yield only first-class results, that all materials and equipment provided shall be new (unless otherwise specified) and of high quality, that the completed work will be complete, of high quality, without defects, and that all work strictly complies with the requirements of the Contract. Any work not strictly complying with the requirements of this the Contract shall constitute a breach of the Contractor's warranty. 9.05 The Contractor will be responsible fonacquiring 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 Mark Hoffa Superintendent 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 48 ADDENDUM NO.2 Manager's designee, and which shall provide for expeditious and practicable construction of the Project. The Contractor's schedule shall be updated no less frequently than monthly (unless the parties otherwise agree in writing) and shall be updated to reflect conditions encountered from time to time and shall apply to the total project. Each such revision shall be furnished to the City. Strict compliance with the requirements of this Section 9.07 shall be a condition precedent to payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of the Contract. 9.08 The Contractor shall keep an updated copy of the Contract Documents at the site. Additionally, the Contractor shall keep a copy of approved shop drawings and other submittals. All of these items shall be available to the City during all regular business hours. 9.09 Shop drawings and other such submittals from the Contractor do not constitute a part of the Contract. The Contractor shall not do any work requiring shop drawings or other submittals unless such shall have been approved in writing by the City or as required by the Contract Documents. All work requiring approved shop drawings or other submittals shall be done in strict compliance with such approved documents or Contract requirements. However, approval by the City shall not be evidence that 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. 49 ADDENDUM NO. 2 (1) It shall be the responsibility of the Contractor to initiate, continue and supervise all safety programs and precautions in the performance of the terms of the Contract. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to its employees, subcontractors' employees, employees of the City and members of the public, the Work itself and unassembled components thereof, and other property at the site or adjacent thereto. As part of the Contractor's obligations hereunder, the Contractor shall erect and maintain all necessary and prudent safeguards, barriers, signs, warnings, etc. (2) With notice to the City, the Contractor shall promptly remedy loss or damage to the Work or any person or property described herein caused in whole or in part by the acts of the Contractor or any subcontractor, sub -subcontractor or materialman. This obligation shall be in addition to the requirements of Section 10 herein. The City may direct the Contractor to remedy known violations of applicable'laws, rules, regulations, and interpretations related to safety when and if observed on the site. However, through exercising this authority the City shall not incur any obligations to monitor, initiate, continue, or supervise safety programs and precautions such to diminish the Contractor's primary role in same. The City shall have the right to report suspected safety violations to the Occupational Safety and Health Administration (OSHA) or other appropriate authorities. (3) The Contractor shall promptly notify the City upon discovery of any unidentified material which Contractor reasonably believes to be asbestos, lead, PCB, or other hazardous material, and shall immediately stop work.in the affected area of the Project. The Contractor shall not be responsible for removal or other work with regard to such hazardous material unless otherwise agreed between the City and the Contractor. In the case of work stopped due to the discovery of hazardous materials, Section 6 shall apply to claims for delay, hindrance or interference. Work will resume in the affected area of 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 50 ADDENDUM NO.2 accidental death or property damage, and regardless, of whether the allegations are - false, fraudulent or groundless), and costs (including reasonable attorney's fees, Contract Agreement. discovered, before or after termination of the Contract. 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; 51 ADDENDUM NO. 2 11.06 In connection with any claim by the Contractor against the City that would result in compensation in excess of the Contract Price, any liability of the City for the Contractor's cost in this regard shall be limited to those cost categories set forth in Section 13.07 below. Section 12. SUBCONTRACTORS 12.01 Prior to execution of the Contract, the Contractor shall have identified to the City in writing, those parties required to be listed on the proposal form as subcontractors on the Project. Any changes to this list at any time shall be subject to the prior approval of the City. The City shall, in writing, state any objections the City may have to one or more of such subcontractors. The Contractor shall not enter into a subcontract with an intended subcontractor to whom the City objects. If at any time the City objects to a subcontractor, the Contractor shall solicit proposals from potential replacements and shall submit the three lowest proposals to the City, along with the Contractor's proposed choice as replacement. If the approved replacement subcontractor's cost is verified to be higher than the removed subcontractor, the excess shall be added to the Contract Price, unless the subcontractor in question has to be removed due to a default, or deficient performance. If the approved replacement subcontractor's cost is lower than the removed subcontractor, the difference shall be deducted from the Contract Price. Subcontractor markups shall be limited to those listed in Section 13.07 below. All subcontracts shall afford the Contractor rights against the subcontractor which correspond to those rights afforded to the City against the Contractor herein, including those rights of Contract termination as set forth herein below. 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: 52 /_177=1LlIbill IT, Iki 1*1WA 13.03 Change Order shall mean a written order directed to the Contractor executed by the City after execution of the Contract, directing a change in the work. A Change Order may include a change in the Contract Price, (other than a change attributable to damages for delay as provided in Section 6 hereof), or the time for the Contractor's performance, or any combination thereof. Where there is a lack of total agreement on the terms of a Change Order or insufficient time to execute a bilateral change, the City may also direct a change in the Work in the form of a Construction Change Directive, which will set forth the change in the Work and the change, if any, in the Contract Price or time for performance, for subsequent inclusion in a Change Order; Construction Change Directives shall include a not -to -exceed preliminary price, against which the Contractor may begin billing (subject to the requirements for pay applications elsewhere herein) as the work is performed. (1) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the City, with any proposal for a contract modification. (2) The price breakdown (a) must include sufficient detail to permit an analysis of all costs for material, labor, equipment and subcontracts, and (b) must cover all work involved in the modification, whether the work was deleted, added or changed. (3) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts. (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 53 ADDENDUM NO.2 Contract Price and the time for performance by the Contractor, regardless of the nature, amount or extent of the changes. The Contractor, by executing the Change Order, waives and forever releases any claim against the City for additional time or compensation for matters relating to, arising out of or resulting from the work included within or affected by the executed Change Order of which the Contractor knew or should have known. 13.06 The Contractor shall notify and obtain the consent and approval of the Contractor's surety with reference to all Change Orders if such notice, consent or approval are required by the City, the Contractors 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: 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 54 ADDENDUM NO. 2 + Contractor's Equipment Costs (includes owned/rental equipment)' + Applicable Subcontractor Costs =Subtotal of Costs to the Contractor + Contractor's Overhead and Profit =Total Cost or Credit to the Owner 13.08 Nothing Contained in this section shall be deemed to contradictor 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- 1 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 Contractors Equipment Cost Guide, published by Dataquest. Third Party 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. 55 ADDENDUM NO. 2 conformance prior to the City taking the above actions. The contractor, upon written notice of any defect or non-conformance, shall have 10 calendar days to make corrections, unless the City agrees that the correction will require more than 10 calendar days to correct. Section 15. CITY'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE 15.01 In addition to the City's rights under Section 8 and elsewhere in this Contract Agreement, the City shall have the right at any time to direct the Contractor to suspend its performance, or any designated part thereof when in the interests of the City. If any such suspension is directed by the City, the Contractor shall immediately comply with same. 15.02 In the event the City directs a suspension of performance under this section, through no fault of the Contractor, if the suspension is lifted other than by Termination, the City shall pay the Contractor as 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 56 /_l0Q:I►IBill MIkiLOW 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, if any; (c) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to Subsection (3)(a) above —if contingent assignment of such contracts has not been elected as provided herein —shall not include amounts paid in accordance with other provisions of the Contractor. This 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. 57 ADDENDUM NO. 2 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/EmPlover'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. 58 ADDENDUM NO. 2 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 59 ADDENDUM NO.2 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 60 ADDENDUM NO. 2 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 govern 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. 61 ADDENDUM NO. 2 Section 21. SUCCESSORS AND ASSIGNS Each party binds itself, its successors, assigns, executors, administrators or other representatives to the other party hereto and to successors, assigns, executors, administrators or other representatives of such other party in connection with all terms and conditions of the Contract. The Contractor shall not assign the Contract without prior written consent of the City. Section 22. MISCELLANEOUS PROVISIONS 22.01 Construction Permits. The City hereby agrees to waive the charge for a City -issued building permit for this Project. However, the Contractor is responsible for obtaining all permits or fees otherwise required of the Contractor by the Contract Documents, or permits and 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: Red River Construction Co. Attn: Dean Porter 2804 Capital Street Wylie, Texas 75098 Section 23. ENTIRE AGREEMENT Aside from duly authorized Change Orders, any modification to this Contract Agreement must be M3 ADDENDUM NO. 2 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. CITY OF ANNA, TEXAS ATTEST: Carrie Land, City Secre ary (SEAL) BY: Dean Porter. President AM Meredith Anders , Corporate Secretary (SEAL) 63 ADDENDUM NO. 2 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, that Red River Construction Co. (hereinafter called the Principal(s)), as Principal(s), and Colonial American Casualty and Surety 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: Five percent (5%) of the bid submitted Dollars ($ (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: COLLIN PUMP STATION GROUND STORAGE TANK No. 2 The scope of this project includes the construction of a 4.0 MG precast, prestressed concrete ground storage tank (GST), one (1) 3,450-gpm vertical turbine booster pump, piping connection to an existing 2,733-gpm vertical turbine booster pump, a standby diesel generator including platform, electrical modifications including a new electrical building, a new access driveway, SCADA integration with the City's existing SCADA system, security system, site fencing, piping including a new connection into the existing GTUA 24-inch waterline, relocation of existing .chemical buildings and site drainage. including swales that will flow into the existing roadside ditches. NOW, THEREFORE, lf'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 64 ADDENDUM NO. 2 , 1 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 25th day of January 120 24 . Colonial American Casualty and Surety Company Surety (T� ` PRINT NAME:Tracy Tucker, Attorney -in -Fact ADDRESS: 2821 W. 7th Street #500 Fort Worth, TX 76107 PH ONE/FAX: 817/336-8520 Red River Construction Co. Principal By: I �� (Title) Dean Porter, President By: (Title) in (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 Tracy Tucker, Attorney -in -Fact 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. Colonial American Casualty and Surety :Company - Surety By: PRINT NAME: racy Tucker, Attorney -in -Fact ADDRESS: 2821 W. 7th Street#500, Fort Worth, TX 76107 PHONE/FAX: 817/336-8520 MI ZURICH AMERICAN INSURANCE COMPANY COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Tracy TUCKER, W. Lawrence BROWN, Kevin J. DUNN, Steven TUCKER, Roberta H. ERB and Bennett BROWN, all of FL Worth, Texas, its true and lawful agent and Attorney -in -Fact, to make, execute, seat and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify, that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 8th day of August, A.D. 2023. y'w••c Ys3 SEAL rs. SEAL €g SEAL i 4^•x,,,,,,n,,..'s' R•Myr '"+..",,,.,,,w'^`r ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President j By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 8th day of August, A D 2023, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary Of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, depomth and with, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of mid Companies, and that the mid Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the mid Corporations IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written Genevieve M. Maison yy,. ,rar"'tii OENEVIEVE M. MAISON ^Uai�<•: 94TI NOT�PUBLIC alr C..,, Ewir ANUAM 27. 20 • Authenticity of of this bond can be confirmed at bondvalidatorzuriebna.eom or 410-559-8990 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorocys-in-Fact, The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomcys-in-fact with authority to execute bonds, policies, recognizances. stipulations, undertakings. or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto: and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY. the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate: and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day ol'December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5lh day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the IOth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and of cet as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 25th _day of January . 2024 . SEAL '+� � SEAL � SEAL 95 � J Thomas O. McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 reooristclaimsr zuriehna.curn 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichno.com or 410-559-8790 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Red River Construction Co. (hereinafter called the Principal(s)), as Principal(s), and Colonial American Casualty and Surety Comoanv and Fidelity and Deposit Comoanv of Maryland (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: Ten Million Eight Hundred Forty Three Thousand Four Hundred Dollars ($10,843,400.00) 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 enter d into a certain written Contract Agreement with the Obligee, dated the &!"day of FeA.KoAg5C2024, for the following project: COLLIN PUMP STATION GROUND STORAGE TANK No. 2 The scope of this project includes the design of a 4.0 MG precast, prestressed concrete ground storage tank (GST), one (1) 3,450-gpm vertical turbine booster pump, piping connection to an existing 2,733-gpm vertical turbine booster pump, a standby diesel generator, electrical modifications including a new electrical building, a new access driveway, SCADA integration with the City's existing SCADA system, security system, piping including a new connection into the existing GTUA 24-inch waterline, and site drainage including swales that will flow into the existing roadside ditches. 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. 4 Not applicable for federal work. See "The Miller Act," 40 U.S.C. S270. 66 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 WHEREOF, jhe said Principal(s) and Surety(s) have signed and sealed this instrument this &� day of , 2024. Colonial American Casualty and Surety Company Red River Construction Co. an Fidelity andDeposit Company o i ry an Surety Principal *By: By: Itle rac ucker, Attorney -in -Fact (Title) Dean Porter, President PRINT NAME:Tracy Tucker ADDRESS: P.0.13ox 2285. Fort Worth. Tx 76113 PHON E/FAX:817.336.8520 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 _ of approved sureties, and hereby designates Tracy Tucker , 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. urety PRINT NAME: Tracy Tucker ADDRESS: P.O. Box 2285, Fort Worth TX 76113 PHONE/FAX: 817.336.8520 Fax: na 67 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that Red River Construction Co. (hereinafter called the Principal(s)) as Principal(s), and Colonial American Casualty and Surety Company and Fidelity and Deposit Company of Maryland (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: Ten Million Eight Hundred Forty Three Thousand Four Hundred Dollars ($10,843,400.00) 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 Z�& day of ACW2024, for the: Xt]„1ki11101J,IAziV-VIIs] [C1C1619i!ID]FAt#]CL•[e]=0Va1z1:11kit7WA The scope of this project includes the design of a 4.0 MG precast, prestressed concrete ground storage tank (GST), one (1) 3,450-gpm vertical turbine booster pump, piping connection to an existing 2,733-gpm vertical turbine booster pump, a standby diesel generator including platform, electrical modifications including a new electrical building, a new access driveway, SCADA integration with the City's existing SCADA system, security system, site fencing, piping including a new connection into the existing GTUA 24-inch waterline, relocation of existing chemical buildings and site drainage including swales that will flow into the existing roadside ditches. 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, 68 extension of time, alteration or addition to the terms of the Contract Agreement, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this � ay of FsiSrr.c,k jzN , 2024. Colonial American Casualty and Surety Company and Fidelity and Deposit Company of Maryland Surety "BY � (Tit e racy Tuc er, Attorney -in -Fact PRINT NAME: Tracy Tucker ADDRESS:P.O. Box 2285, Fort Worth TX 76113 PHONE/ FAX: 817.336.8520 Red River Construction Co. Principal (Title) Dean Porter, President The undersigned surety company represents that it is duly qualified to do business in and hereby designates Tracy Tucker, 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. ADDRESS: P.O. Box 2285, Fort Worth TX 76113 PHONE/FAX: 817.336.8520 tx1 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT Red River Construction Co. as PRINCIPAL, and Colonial American Casualty and Surety Company and Fidelity and Deposit Company of Maryland a CORPORATION organized under the laws of Illinois, as SURETIES, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Anna, a municipal corporationat Anna, Collin County, Texas the sum of: Ten Million Eight Hundred Forty Three Thousand Four Hundred Dollars ($10,843,400.00) 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 said , Red River Construction Co. the Contractor, did on 6,#eu&t? '70-201Z�_ enter into a written Contract Agreement with the said City of Anna to build and construct: . COLLIN PUMP STATION GROUND STORAGE TANK No. 2 The scope of this project includes the design of a 4.0 MG precast, prestressed concrete ground storage tank (GST), one (1) 3,450-gpm vertical turbine booster pump, piping connection to an existing 2,733-gpm vertical turbine booster pump, a standby diesel generator including platform, electrical modifications including a new electrical building, a new access driveway, SCADA integration with the City's existing SCADA system, security system, site fencing, piping including a new connection into the existing GTUA 24-inch waterline, relocation of existing chemical buildings and site drainage including swales that will flow into the existing roadside ditches. 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 sa{q 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 Red River Construction Co., (Contractor) has caused these presents to be executed by it's President Dean Porter, (Surety Co.) executed by its ATTORNEY -IN -FACT Tracy Tucker and the said ATTORNEY -IN -FACT Tracy Tucker has hereunto set his hand this the 7b day of aC(24tzY ,20�. SURETY: Colonial American Casualty and Surety Company and Fidelity and Deposit Company of Maryland (Company By: �::22 Print Name: Tracy ucker Title: Attorney -in -Fact Address: P.O. Box 2285, Fort Worth, TX 76113 Phone/Fax: 817.336.8520 PRINCIPAL: Red River Construction Co.. (Compan By: \ ,:, Print Name: Dean Porter Title: President Address: 2804 Capital St., Wylie TX 75098 Phone/Fax: 972.578.0127 71 ZURICH AMERICAN INSI R \NCE CO>t ` k%Y COLONIAL AMERICAN (ASt kI_I1 tNDSt REl`) COMPANY FIDELITY ANDDEPOSI I (.:OMPANI OF MARL"LAND POW ER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Tracy TUCKER, W. Lawrence BROWN, Kevin J. DUNN, Steven TUCKER, Roberta H. ERB and Bennett BROWN, all of Ft. Worth, Texas, its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this Sth day of August, A.D. 2023. sS31 40u0ry.•., ,o"ay+asw"• Cwb;.%••o s oeeoars °SEAL "� sez''Y'S:,gR�a „o .„•awma�,. oC�" ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 8th day of AugusL A.D. 2023, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duty sworn deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seats affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Genevieve M. Maison JIVE, ..... . GENEMEVE M. MAtSON c BALnMOnE, MD momANUAR. NmAM m�aon Ytn,am Authenticity of this bond can be confirmed at bondvalidator.zurichnn.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of , `b°roPPOR'f'�:- OSEA�Xc ¢`- =- ='F"vSEALm m= ' Hr„.......... .,SC? (rtpI��llYl "4� ,ry,�� 1111111„0,` Thomas O. McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO - Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 reoortsfclaims(a zurichna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 r" CERTIFICATE OF INSURANCE ADDENDUM NO.2 72 CERTIFICATE OF LIABILITY INSURANCE ° M(MMD" 4 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS _ :ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES IELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED ' REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the ceWficate holder Is an ADDITIONAL INSURED, the polley(les) must 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 endomement(s). PRODUCER CONTACT NAME Janet Shepard PHCNE FgH- (817)336-8520 aC No: Tucker Agency, Ltd. E-MAIL ADDRESS, )anet( tucker COm agency. P O BOX 2285 INSURER(S) AFFORDING COVERAGE NAIC C MSURERA:FCCI insurance Company 10178 Ft. Worth TX 76113 INSURED INSURERS: INSURERC:Texas Mutual Ins Cc 22945 Red River Construction Co. INSURERD: 2804 Capital St INSURER E: INSURERF: Wylie TX 75098 COVERAGES CERTIFICATE NUMBER:23-24 All Lines REVISION NUMBER: 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 REQUIREMENT, TERM OR CONDITION OFANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPEOFINSURANCE ADDL SUBR POUCYNUNGSR POLICY EFF MMMDNYYY) POUCY EXP IMMMDNYYYI UM(TS X COMMEROMI-GENERALUABILRY EACH OCCURRENCE $ 1,000,000 A CLAIMSMADE X�OCCUR AMA T RENTED PREMISES Ea ooamer4a $ 300,000 X MED Ex, (Any one person) S 10,000 XCU Included CPP 100089091 12/31/2023 12/31/2024 X I Contractual Liability PERSONAL SADV INJURY $ 1,000,000 GENIAGGREGATE UMRAPPUES PER: GENERALAGGREGATE S 2,000,000 POLICY [KJEC LOC PRODUCTS-COMIOPAGG $ 2,000,000 S OTHER. AUTOMOBILEUABIUTY COMBINEDt SINGLE LIMIT Po a.d $ 1,000, 000 X BODILY INJURY (Per person) 3 A ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS CA 100089090 12/31/2023 12/31/2024 BODILY INJURY (Poreoctlen0 $ NON -OWNED HIREDAUTOS AUTOS(Per PROPERTYDAMAGE mmident S X UMBRELLAUMB X OCCUR EACH OCCURRENCE S 5,000,000 AGGREGATE $ 5,000,000 A EXCESS UAB ICLAIMS-MADE OED I X I RETENTION S 10,000 S 1 UMB 100089092 12/31/20231 12/31/2024 WORKERS COMPENSATION ANDEMPLOYERS'LIABIUTV YIN X PER OTH- BTA E ER ANY PROPRIETORIPARTNEFUIXECUTIVE EL EACH ACCIDENT 3 1,000,000 C FDOCER?JEMBEREXCLUOEDi ❑ (Mandmory In NH) NIA 0002041891 12/31/2023 12/31/2024 EL DISEASE-EAEMPLOYEE $ -1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS berry I EL DISEASE -POLICY UNIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Aditovl Remorles Schedule, may be atlached if mom Spam Is requin:d) Project: Collin Pump Station Ground Storage Tank No. 2 Additional insured in favor of certificate holder applies to all policies except workers compensation if required by written contract. General liability additional insured includes ongoing and completed operations if required by written contract. General liability and auto policies are primary non-contributory if required by written contract. Waiver of subrogation applies in favor of certificate holder if required by written contract. Policies include blanket 30 day notice of Cancellation if required by written contract. Umbrella policy is follow form .gov City of Anna Municipal Building 120 W. Seventh St. Anna, TX 75409 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE Tucker/CINDY ' `�' ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 pouoi) NOTICE TO PROCEED Project: Collin Pump Station Ground Storage Tank No. 2 Issued To: Red River Construction Date Issued: 2/26/2024 2804 Capital Street Wylie, TX 75098 You are hereby notified to commence work in accordance with the Agreement dated the Z6A day of Feh , 20 Vt , on or before the qr� day of {^i"r" , 20 2 Y and complete all of the work within Seven Hundred thirty 7( 30) consecutive calendar days thereafter. The date of completion for all work shall, therefore, be the 2" day of F2�j 204 r� l Issued by: City of Anna, Texas (Owner) By: v Clay, CIP ACCEPTANCE OF NOTICE: n Receipt of the above notice to proceed is hereby acknowledged by J 00bN31- (contractor), this day of r! C203 A20 Z,- 0 Contractor Notice to Proceed ADDENDUM NO. 2 CHANGE ORDER Date of Issuance: Effective Date: Owner: City of Anna, TX Project: COLLIN PUMP STATION GROUND STORAGE TANK No. 2 Contract changes are approved as follows: Description of changes: Reason for Change Order: Attachments: CONTRACT PRICING Original Contract Amount including Add/Alternates: $ Net Increase from Previous Change Orders: $ Contract Price Prior to this Change Order: $ Net Increase/Decrease of this Change Order: $ Contract Price with All Approved Change Orders: $ City of Anna, TX [Insert Name of Contractor] By: Ryan Henderson, City Manager By: [Insert name of signator] Date: Date: Please sign both copies; return one copy to: City of Anna, TX c/o Steven Smith PO Box 776 Anna, TX 75409-0776 76 ADDENDUM NO. 2 SUPPLEMENTARY GENERAL PROVISIONS AND TECHNICAL SPECIFICATIONS Section 1. SUPPLEMENTARY GENERAL PROVISIONS 1.01 PURPOSE OF SUPPLEMENTARY GENERAL PROVISIONS: This project shall be constructed in accordance with the current City of Anna Standard Specifications ("Standard Specifications"), which include the Standard Specifications for Public Works Construction, latest edition, and which for the purposes of this Contract Agreement also include the these Supplementary General Provisions; provided that where any discrepancies occur between the Supplementary General Provisions and the Standard Specifications, the Supplementary General Provisions shall govern. The Supplementary General Provisions are included herein for the purpose of adapting the Standard Specifications to the project which is the subject of the Contract Agreement and of adding thereto such further provisions as may be necessary to state the agreement in its entirety. 1.02 SCOPE OF WORK: A. Work is to be done in accordance with City of Anna Standard Specifications. B. The work done under the contract documents shall consist of the following: COLLIN PUMP STATION GROUND STORAGE TANK No. 2 The scope of this project includes the construction of a 4.0 MG precast, prestressed concrete ground storage tank (GST), one (1) 3,450-gpm vertical turbine booster pump, piping connection to an existing 2,733-gpm vertical turbine booster pump, a standby diesel generator including platform, electrical modifications including a new electrical building, a new access driveway, SCADA integration with the City's existing SCADA system, security system, site fencing, piping including a new connection into the existing GTUA 24-inch waterline, relocation of existing chemical buildings and site drainage including swales that will flow into the existing roadside ditches. C. The intent of the contract documents, including the Standard Specifications, General Provisions, Technical Provisions, and other instruments, documents, drawings, maps, etc., comprising the Plans and Specifications, is to describe a completed work to be performed by the Contractor under the Contract Agreement as an independent Contractor. D. The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents. E. The Contractor will maintain at all times on the job site, a superintendent authorized to receive and fulfill instructions from the engineer. F. The Contractor further agrees that no part of the Contract Agreement shall be assigned without prior written approval from City. G. The Contractor hereby further agrees to pay to Owner as liquidated damages the sum specified herein, and quoted below, for each calendar day in excess of the time set forth in the contract documents for completion of this project. Contractor shall anticipate the following number of calendar days for precipitation type weather related delays. 7 days 77 ADDENDUM NO.2 for January; 7 days for February; 7 days for March; 8 days for April; 9 days for May; 7 days for June; 5 days for July; 5 days for August; 7 days for September; 6 days for ,October; 6 days for November; and 6 days for December. .These days shall be anticipated and be included as part of the progress schedule. 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 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 to $99,999.99 $160.00 Per Day $100,000 to $999,999.00 $240.00 Per Day More than $1,000,000.00 $500.00 Per Day The sum of money thus deducted for such delay, failure for noncompletion 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 which the OWNER would sustain and which shall be retained from the monies due, or that may become due, the CONTRACTOR under this 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. 1.03 CONTRACTOR SURETY BONDS: With the execution and delivery of the Contract Agreement, the CONTRACTOR shall furnish and file with the OWNER in the amounts herein required, the surety bonds specified hereunder. Without exception, the OWNER'S bond forms, copies of which are amongst the Contract Documents and incorporated into the Contract Agreement, must be used, and exclusive venue for any lawsuit in connection with such bonds shall be in Collin County. Such surety bonds shall be in accordance with the provisions of Texas Government Code, Chapter 2253, as amended, and Art. 7.19-1 of the 78 ADDENDUM NO. 2 Insurance Code, as amended. These bonds shall automatically be increased by the amount of any change order or supplemental agreement which increases the Contract Agreement price with or without notice to the surety, but in no event shall a change which reduces the Contract Agreement amount reduce the penal amount of such bonds. If the surety on any Bond furnished by the CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated or ceases to meet the requirement as set forth above, CONTRACTOR shall within 20 days thereafter substitute another Bond or surety which complies with the requirement hereto. A. PERFORMANCE BOND: A good and sufficient bond in an amount not less than 100- percent of the approximate total amount of the Contract Agreement, as evidenced by the proposal tabulation, or, conditioned on the faithful performance of the work in accordance with the plans, specifications and Contract documents, including performance of any guarantees or warranties required by OWNER, and including any extensions thereof, for the protection of the OWNER. This bond shall also provide for the repair and/or replacement of all defects due to faulty materials and workmanship that appear or become known within a period of one year from the date of completion and acceptance of the improvement by the Owner or.such lesser or greater period as may be designated in the Contract Documents. B. PAYMENT BOND: A good and sufficient bond in an amount not less than 100-percent of the approximate total amount of the Contract Agreement, as evidenced by the proposed tabulation, or otherwise solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the prime CONTRACTOR or a subcontractor to supply public work or material. C. MAINTENANCE BOND: A maintenance bond in the amount of 100% of the total bid price shall be executed by the contractor as principal and by a corporate surety acceptable to the owner. Said bond shall secure maintenance by the contractor on the project made the subject of the Contract Agreement for two (2) years from the date of acceptance of work by the owner. D. SURETIES: No sureties shall be accepted by the OWNER who are now in default or delinquent on any bonds or who are interested in any litigation against -the OWNER. All bonds shall be made on forms furnished by the OWNER, and shall be executed by not less than one corporate surety authorized to do business in the State of Texas and acceptable to the OWNER. Each bond shall be executed by the CONTRACTOR and surety. Each surety shall designate on the bond the name, address and phone number of a representative for the surety located in a county of the State of Texas acceptable to the OWNER to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. The OWNER reserves the right to reject and all sureties. E. Additional or Substitute Bonds. If at any time the OWNER is or becomes reasonably dissatisfied with any surety of a performance or payment bond, the CONTRACTOR _ shall, within five days after notice from the OWNER to do so, substitute an acceptable 79 ADDENDUM NO.2 bond (or bonds), or provide any additional bond, and such form and sum and signed by such other surety or sureties as may be reasonably satisfactory to the OWNER. The premiums on such bond shall be paid by the CONTRACTOR without recourse to the OWNER. No further payments under the Contract Agreement shall be deemed due or payable until the substitute or additional bonds have been furnished to and accepted by the OWNER. 1.04 LIMITATION OF LIABILITY, INDEMNIFICATION AND INSURANCE: A. LIMITATION OF LIABILITY: The CONTRACTOR affirmatively represents that he is skilled and experienced in the use and interpretation of drawings and specifications such as those included in the Bid Documents of this Contract Agreement. Further, he also affirmatively represents that he has carefully reviewed the drawings and specifications of this Contract Agreement and that he has based his Bid solely on these documents, not relying in any way on any explanation or interpretation —oral or written —from any other source. Unless the CONTRACTOR shall give written notice to the design professional of any ambiguities contained in the drawings or specifications prior to the submission of his bid, the CONTRACTOR agrees that he shall be conclusively presumed that the CONTRACTOR has exercised his aforementioned skill and experience and found the drawings and specifications sufficient and free from ambiguities, errors, or omissions for the purpose of determining his Contract Bid Price for the performance of the work in conformity with the drawings and specifications. L-1 Submission of a Bid without prior written notice to the OWNER'S Agent or any claimed ambiguities, errors or omissions shall constitute a waiver of any and all bid -price -related claims by the CONTRACTOR that are based upon any alleged ambiguities, errors, omissions or the like in the drawings or specifications. injuries to person or damage to property is due or claimed to be due to the C. INSURANCE: The CONTRACTOR shall comply with each and every condition contained herein. The CONTRACTOR shall provide and maintain, at his sole cost and expense, until the work covered in the Contract Agreement is completed and accepted by the City of Anna, the minimum insurance coverage as follows: 80 /_11]0]:1ki pill �gIIWIPA i Commercial general liability insurance at minimum combined single limits of f $1,000,000 per -occurrence per -project and $2,000,000 general aggregate per - project for bodily injury and property damage, which coverage shall include products/completed operations ($1,000,000 products/completed operations aggregate), and XCU hazards. Coverage for products/completed operations must be maintained for at least two (2) years after the construction work is completed. Coverage must be maintained to cover the contractor's obligations outlined in the Contract Agreement. 2. Definitions: a) Certificate of coverage ("certificate"): A copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. b) Duration of the project: Includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096): Includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries and delivery of portable toilets. c) The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. d) The contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract Agreement. e) If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 81 ADDENDUM NO. 2 f) The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and, (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. g) The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. h) The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. i) The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, information all persons providing services on the project that they are required to be offered, and stating how a person may verify coverage and report lack of coverage. j) The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project: (4) obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and, b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that 82 ADDENDUM NO.2 materially affects the provision of coverage of any person providing services on the project; and, (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. k) By signing the Contract Agreement or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a'self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 1) The contractor's failure to comply with any of these provisions is a breach of Contract Agreement by the contractor which entities the governmental entity to declare the Contract Agreement void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 3. Comprehensive Automobile and Truck Liability Insurance, covering owned, hired and non -owned vehicles, with a combined bodily injury and property damage minimum limit of $1,000,000.00 per occurrence; or separate limits of $500,000.00 for bodily injury (per person); $500,000.00 for bodily injury (per accident) and $100,000.00 for property damage. Such insurance shall include coverage for loading and unloading hazards. 4. Payment and performance bonds in the amount of the contract price and on the form as provided in the contract documents. PLEASE NOTE: The required limits may be satisfied by any combination of primary, excess, or umbrella liability insurances, provided the primary policy complies with the above requirements and the excess umbrella is following form. The contractor may maintain reasonable and customary deductibles, subject to approval by the City of Anna. A comprehensive general liability insurance form may be used in lieu of a commercial general liability insurance form. In this event, coverage must be written on an occurrence basis, at limits of $1,000,000 per -occurrence, combined single limit, and coverage must include a broad form comprehensive general liability endorsement, coverage for products/completed operations, no restrictions on XCU hazards, and broad form contractual liability covering the obligations included in the Contract Agreement. 83 ADDENDUM NO.2 With reference to the foregoing insurance requirement, Contractor shall specifically endorse applicable insurance policies as follows: a. The City of Anna shall be named as an additional insured with respect to general liability and automobile liability. b. All liability policies shall contain cross liability and severability of interest clauses. c. A waiver of subrogation in favor of the City of Anna shall be contained in the workers' compensation insurance policy. d. All insurance policies shall be endorsed to require the insurer to immediately notify the City of Anna of any material change in the insurance coverage. e. All insurance policies shall be endorsed to the effect that the City of Anna will receive at least sixty (60) days notice prior to cancellation of termination of the insurance. All insurance shall be purchased from an insurance company that meets the following requirements: a. A financial rating of A:V or better as assigned by the BEST Rating Company in the most current edition of its manual. b. Licensed and admitted to do business in the State of Texas. All insurance must be written on forms filed with and approved by the Texas State Board of Insurance. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting the following: a. The company is licensed and admitted to do business in the State of Texas. b. The insurances set forth by the insurance company are underwritten on forms which have been approved by the Texas State Board of Insurance. c. Sets forth all endorsements and insurance coverages according to requirements and instructions contained herein. d. Shall specifically set forth the notice of cancellation or termination provisions to the City of Anna. Upon request, contractor shall furnish the City of Anna with certified copies of all insurance policies. 1.05 ADDENDUM: The owner reserves the right to issue an addendum prior to accepting bids for the work. Such addendum(s) shall be, and are hereby made a part of these specifications. Upon receipt of the addendum(s), the Contractor shall acknowledge their receipt by listing the addendum(s) and signing in the appropriate spaces in the Proposal. 1.06 CONSTRUCTION WATER: Construction water necessary for the normal construction of this project will not be provided free to the Contractor. All construction water will be metered by City owned meters or meter(s) owned by the Contractor. A deposit of two hundred fifty dollars ($250.00) is required for a 2 % inch City owned construction meter. The deposit(s) shall be paid at the Utility Office, located at 120 W. Seventh St, Anna, Texas 84 ADDENDUM NO.2 75409, prior to the use of meter. City owned meter(s) will be installed by the City Utility —` Department, after the deposit has been made. The meter(s) will be read and billed each month in accordance with the current Customer Services Policy. Any damage that occurs to a City meter during use will be repaired by the City at the expense of the Contractor. The cost of the repairs will be deducted from the deposit and the remaining deposit returned to the Contractor. This procedure will be followed wherever construction water is needed. No exceptions to the rule will be sanctioned. If the meter is set on a fire hydrant, a valve shall be provided so that the flow of the water is not controlled by the operating nut on the fire hydrant. Where water is necessary only to settle dust on the street, at the request of the property owners, the Project Engineer or Project Inspector will notify the Contractor. The necessary application of water for dust shall be considered subsidiary to the other bid items listed in the Proposal and Bid Form of the Contract Agreement. 1.07 DETOURS AND BARRICADES: The Contractor shall, before closing any street or causing any obstruction to traffic on any street, furnish and erect suitable barricades and warning signs to protect the traveling public. The barricades and warning signs will be constructed, placed, and adequately maintained as directed by the Project Engineer. All barricades and warning signs shall conform to and be set in accordance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD) No direct compensation will be made to the Contractor for furnishing, installing, and maintaining barricades and warning signs and their subsequent removal. This is to be considered subsidiary to the several items for which unit prices are requested in the - PROPOSAL. 1.08 TRENCH SAFETY: On all trenching in excess of five feet below existing grade, the Contractor shall comply with the standards promulgated by the Occupational Safety and Health Administration (OSHA), of the United States Government, regulating excavations, trenching and shoring. Contractors shall refer to and abide by all OSHA regulations published in 29 CFR 1926, et seq., July 1989 edition, and any revisions thereto published in the Federal Register which may become effective during the period of construction. The contractor's attention is directed to the separate Bid Item for trench safety systems, based on the linear feet of trench excavated, under which full payment will be made for trench safety systems, including any additional excavation and back fill required; sheeting, and bracing; for dewatering or diversion of water; for all jacking and jack removal; and for all other labor, materials, tools, equipment, acquisition of soils information and design of trench safety systems, and incidentals necessary to complete the work. Changes made in the trench safety system after the initiation of construction will not be cause for extension of time, claims for delay or approval of change orders. It is the sole duty, responsibility and prerogative of the Contractor, not the Owner or Engineer, to perform all trenching in a safe manner and in accordance with OSHA regulations. Any apparent unsafe trenching conditions observed by Owner, Engineer, or their representatives on the site, shall be reported to OSHA as well as to Contractor's job `I 85 ADDENDUM NO.2 superintendent. Work stoppages or corrective actions required of contractor by OSHA shall not be cause for extension of time, claims for delay or approval of change orders. The Contractor shall indemnify and hold harmless the City, its employees and agents, from any and all damages, costs (including, without limitation, legal fees, court costs, and the cost of investigation), judgments or claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under the Contract Agreement. The Contractor acknowledges and agrees that this indemnity provision provides indemnity for the City in case the City is negligent either by act or omission in providing for trench safety, including, but not limited to inspections, failure to issue stop work orders and the hiring of the Contractor. 1.09 PRICE FOR MATERIALS AND STATE SALES TAX: After award of the Contract Agreement, the City of Anna will, on written request of the Contractor, furnish the Contractor with a certificate of exemption from Texas Limited Sales, Excise, and Use Tax in an amount not exceeding the above mentioned bid price for materials and other tangible personal property as stated in the request form. Such written request must contain a statement to the effect that such materials or property have been or will be utilized in the performance of the Contract Agreement to the full extent of the amount for which a certificate of exemption is requested. 1.10 ACCESS TO PRIVATE PROPERTIES: The Contractor will put all private drives in an accessible condition to allow residents ingress and egress before leaving the job site for an extended period of time except during the pouring and curing of drive approaches. "Extended period of time" is defined as overnight, weekends, holidays, or periods of inclement weather. The Contractor will leave with the PROJECT ENGINEER the phone numbers of responsible persons available twenty-four (24) hours a day to handle emergencies concerning egress and ingress. If a vehicle becomes stranded due to an inaccessible condition, any legitimate claims arising from such conditions shall be the sole responsibility of the Contractor. If such claims are not settled prior to the monthly pay estimate, they shall be deducted from that estimate. 1.11 USE OF PRIVATE PROPERTY: The Contractor shall not at any time use private property to park or turn around construction vehicles or store equipment and/or materials without the written permission of the property owner involved. The Contractor shall not at any time use water metered by meters set for the property owners use without written permission of the property owner. 1.12 PROTECTION OF ADJOINING PROPERTY: The Contractor shall be responsible for the protection of all fences, trees, and other improvements on the property adjoining the construction sites from damage by the Contractor's equipment and men. 1.13 PROTECTION OF EXISTING UTILITIES: The Contractor shall make every effort to protect existing utilities. Telephone, gas, and electric lines occur within the construction limits of this project and should be avoided during construction. 86 ADDENDUM NO. 2 1 1.14 CLEANUP: It is the intent of the Contract Agreement to ensure that an adequate - cleanup job be performed by the Contractor as soon during the construction procedure as possible. Before the project is accepted by the City, all rocks, stones, and other construction debris shall be removed to the satisfaction of the Engineer. All necessary cleanup work shall be considered subsidiary to the various bid items on the Contract Agreement. 1.15 GOVERNING DOCUMENTS: The work shall conform to the requirements of these specifications and the details as shown on the drawings. These contract documents are intended to be complementary. Requirements of any of the contract documents are as binding as if called for by all. In the event of conflict between the Contract Agreement and any other contract documents, the Contract Agreement shall govern. In the event of conflict between the drawings and the specifications, the project engineer's interpretation of the drawings shall have priority. In case of conflict between the referenced specifications and the project specifications, the project specifications shall govern. 1.16 SCHEDULE: The Contractor shall provide the project engineer with a schedule of the proposed work upon request. 1.17 MONTHLY ESTIMATE: Monthly estimates shall be processed as specified by the North Central Texas Council of Governments Standard Specifications for PUBLIC Works Construction, Item 109.5. 1.18 SAFETY: Safety precaution shall be used at all times during progress of the work. As appropriate, workman shall be furnished with hard hats, safety shoes, protective gloves, and any other safety apparel that the Contractor determines will reduce the possibility of accidents. The Contractor shall be solely responsible for ensuring the safety of its crew(s), employees and subcontractors, along with the safety of the public, as the work required by these contract documents is performed. 1.19 STOCKPILE/EQUIPMENT AREAS: It shall be the responsibility of the Contractor to secure stockpile areas and equipment storage areas. 1.20 BOUND COPY OF CONTRACT DOCUMENTS: Bidder understands and agrees that the Contract Agreement to be executed by offeror/bidder shall be bound and include the documents set forth as such in the Contract Agreement. 1.21 DRUG -FREE WORKPLACE POLICY: It is the Owner's policy to maintain a drug -free workplace. The Contractor agrees to implement during the progress of this Contract Agreement a drug -free workplace policy. The policy shall include the following provisions: A. Contractor shall have a drug -free workplace policy; B. Contractor shall have a drug awareness program; C. Contractor shall require all employees to receive a copy of the drug -free workplace policy; D. Contractor shall notify Owner of any employee conviction arising from drug use; 87 ADDENDUM NO. 2 E. Contractor shall make a "good faith" effort to continue to maintain a drug -free workplace. 1.22 TEXAS STATE SALES TAX: The Contract Agreement is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 1.23 LABOR AND WORKING HOURS: Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidder's attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes, providing for the payment of the wage schedules above mentioned and the Bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the Contract Agreement requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: A. The project being constructed is essential to the City of Anna's ability to provide the necessary service to its citizens. B. Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the time when the liquidated damages provisions of the Contract Agreement become applicable and Contractor can show he has made diligent effort to complete the project within the allotted time. Standard working hours are Monday through Friday, 8:00 a.m. - 5:00 p.m., not including the following holidays: New Year's Day, Dr. Martin Luther King's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve, and Christmas Day. Any of these holidays falling within a weekend may be designated to a Monday or Friday at the discretion of the City. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Engineer not less than three (3) full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Engineer to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Engineer. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or 88 00101:1 �IBill IT, IL1611M the time of day, to correct or alleviate such condition so that it is no longer dangerous to property to life. 1.24 ONE-YEAR MAINTENANCE BOND: Prior to final acceptance the Contractor shall furnish the City of Anna a maintenance bond to guarantee against defects in the construction or equipment furnished for the project for one year following acceptance. The bond shall be executed by a surety company holding a license to do business in the State of Texas and acceptable to the City of Anna, in an amount equal to one hundred (100) percent of the Contract Agreement. 1.25 AMERICAN DISABILITIES ACT: "Any person, firm business, partnership, or corporation that provides a service or function to the public or employees, agents or officials of the city of which is performed on behalf of the City of Anna, shall comply with 42 U.S.C. 1210-12213 and any amendments thereto, known as the "American Disabilities Act of 1990"" 1.26 USE OF SUBCONTRACTORS: Upon award of bid, Contractor shall provide City with a list of all possible subcontractors the Contractor may use for the project. City reserves the right to exclude any subcontractor from the project that it reasonably deems unacceptable for the project. The City shall notify contractor in writing of its intent to exclude any subcontractor. 1.27 RIGHT TO SHUT DOWN: The City, through its owner representative or otherwise, reserves the right to shut down the project. 1.28 UNCONTROLLABLE CIRCUMSTANCES: In the event a Party hereto cannot fully perform its obligations hereunder due to the intervention of an "Uncontrollable Circumstance", as that term is defined below, then, providing such Party has fully complied with the provisions of this section, such Party shall be excused from such performance but only to the extent and only in the manner set forth herein. For the purposes of this Agreement an Uncontrollable Circumstance shall mean: A. With respect to the Contractor: 1. An Act of God in the form of an unusually severe storm, or flood, or fire or similar event, that could not have been anticipated or guarded against which materially affects the work site, including access or egress thereto; 2. A riot or war situation actually involving the site or actually preventing the Contractor from working on the site, but not including any situations involving suppliers off -site other than those essential suppliers set forth in Exhibit A*; 3. An unanticipated strike involving the forces actually working on the project or involving the employees of those essential suppliers set forth in Exhibit A', but no other labor stoppage. 89 ADDENDUM NO.2 / ' Contractor must set forth essential suppliers in an Exhibit A within five (5) business days of award of final contract. Provided however, that no such claimed Uncontrollable Circumstance shall be deemed an Uncontrollable Circumstance for the purposes of this Agreement unless such event actually and directly necessitated a delay in the work around the delays resulting from such Uncontrollable Circumstance. B. With respect to the Owner, an Uncontrollable Circumstance shall mean: 1. The inability to deliver the Site to the Contractor as scheduled due to the intervention of a third Party such as a Court or an agency of a higher level of government. 2. The inability of the Owner to perform its oversight, review and approval functions due to the actual strike of its employees or those of its essential consultants employed for such purpose, but only for such reasonable period of time as might actually be required to replace such forces. In the event either Party is he victim of an Uncontrollable Circumstance as that term is defined above, such Party shall put the other on written notice as soon as practicably possible. Such notice shall specify the Uncontrollable Circumstance and the anticipated ! t, affect it will have on that Party's abilities to perform its obligations under the Contract Agreement. As soon thereafter as is practical, but in any event within ten (10) days of such Uncontrollable Circumstance, the affected Party shall provide the other Party, in writing, with its plan to deal with the affects of such Uncontrollable Circumstance and with its proposed amendments to all affected schedules necessarily resulting therefrom. 1.29 CONSTRUCTION SUPERVISION: The Contractor will, at all times, maintain one project superintendent per project who will provide the following functions. He/she will be on site when and where construction activity occurs. He/she will maintain communication with all subcontractors and contractor employees performing construction activities. He/she will be available 24 hours a day, for the duration of the project, for emergency calls concerning events at project sites. He/she will accept no additional responsibility from the Contractor which would inhibit the performance of the above stated functions. In the event that the project consists of multiple sites, the project superintendent will identify to the Owner a responsive person at each site with construction activity. The project superintendent will maintain communication with that responsible person during all construction activity. In this even, the project superintendent will not be identified as a responsible person for any given site. If the Owner determines that the performance of the above functions is not being maintained at any time, the Owner reserves the right to shut down the project, at the contractor's expense, until performance of said functions is restored. 90 ADDENDUM NO. 2 1.30 CONFINED SPACE POLICY: CONTRACTOR will be responsible for the establishment ' and coordination of and required compliance with a Confined Space Entry Program as required by federal law and City ordinance and shall inform the OWNER of said program. CONTRACTOR will obtain any available information regarding permit space hazards from the OWNER and will coordinate all entry operations with the OWNER. CONTRACTOR shall provide, install, operate, and maintain such monitoring, ventilation, and personal protective equipment to provide access to any and all confined space as required by Contractor's Confined Space Entry Program. Said equipment shall meet or exceed the requirements of the Occupational Safety and Health Act (OSHA), federal, state, and local authorities. CONTRACTOR shall provide labor, equipment, and materials necessary to place, operate, and maintain the said equipment as necessary for entrance into confined spaces by the CONTRACTOR or OWNER. At no time shall work be done by the CONTRACTOR within confined spaces without providing said equipment. Payment for this item shall be subsidiary to all other pay items. 1.31 TEMPORARY SUSPENSION OF WORK: CONTRACTOR may from time to time be required by OWNER to temporarily suspend project operations in one area and to commence or continue project operations in another area. OWNER may make such requirement for any reason which OWNER deems reasonable and/or necessary, including but not limited to as a result of a court order, failure by the OWNER to secure the necessary easements, right of way, or permits required, conflicts between existing or contemplated utilities and the work, and Acts of God. Such requirement may be oral or may be in writing. In the event that the CONTRACTOR is delayed for sixty (60) or less days as a result of any temporary suspension as described above, CONTRACTOR shall not be entitled to nor shall such delay serve as the basis as a claim for additional compensation to CONTRACTOR or damages for mobilization, re -mobilization, or any other damages sustained or alleged to have been sustained by CONTRACTOR. 1.32 FINAL COMPLETION AND ACCEPTANCE: Within ten (10) days after the CONTRACTOR has given the Engineer written notice that the work has been completed, or substantially completed, the Engineer and the OWNER shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the Contract Documents, the Engineer shall issue to the OWNER and the CONTRACTOR his Certificate of Acceptance of the work to the CONTRACTOR or to advise the CONTRACTOR in writing of the reason for non -acceptance. 1.33 FINAL PAYMENT: Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measurements and prepare final statement of the value of all work performed and materials furnished under the terms of the Agreement and shall certify same to the OWNER, who shall pay to the CONTRACTOR on or after the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance due the CONTRACTOR under the terms of this Agreement, provided he has fully performed his contractual obligations under the terms of the Contract Agreement; and said payment shall become due in any event upon said performance by the CONTRACTOR. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the CONTRACTOR of the obligation for fulfillment of any warranty which may be required. 91 ADDENDUM NO. 2 1.34 PAYMENTS WITHHELD: The OWNER may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure of the CONTRACTOR to make payments properly to subcontractors or for material or labor. (d) Damage to another contractor. (e) Reasonable doubt that the work can be completed for the unpaid balance of the Contract Agreement amount. (f) Reasonable indication that the work will not be completed within the contract time. When the above grounds are removed or the CONTRACTOR provides a Surety Bond satisfactory to the OWNER, which will protect the OWNER in the amount withheld, payment shall be made for amounts withheld because of them. Section 2. TECHNICAL SPECIFICATIONS 2.01 PURPOSE OF TECHNICAL SPECIFICATIONS: This project shall be constructed in accordance with the current City of Anna Standard Specifications ("Standard Specifications"), which include the Standard Specifications for Public Works Construction, latest edition, and which for the purposes of this Contract Agreement also include the the Supplementary General Provisions and these Technical Specifications; provided that where any discrepancies occur between the Technical Specifications, the Supplementary General Provisions and/or the Standard Specifications, these Technical Specifications shall govern. The Technical Specifications are included herein for the purpose of adapting the Supplementary General Provisions to the project which is the subject of the Contract Agreement and of adding thereto such further provisions as may be necessary to state the agreement in its entirety. 2.02 HOT MIX ASPHALTIC CONCRETE PAVEMENT SURFACE COURSE: All HMAC pavement surface course and base course shall be provided in accordance with North Central Texas Council of Governments Public Works Construction Standards 2004 or later. The Contractor shall furnish job mix design (JMF) and material certification prior to any work. Contractor shall be responsible throughout project for quality control of material in accordance with design and North Central Texas Council of Governments Public Works Construction Standards 2004 or later. The job mix formula can be adjusted as long as it does not exceed the Master Grading Limits as specified in North Central Texas Council of Governments Public Works Construction Standards 2004 or later. 2.03 LEVEL -UP COURSE: Where directed by the Engineer, a first course, or leveling -up course, shall be laid to bring the street surface to a uniform grade or section. Contractor will use a grade 30 felt to cover appurtenance prior to level -up. This course may be bladed into place and rolled. The material for the level -up will be fine graded asphaltic concrete surface 92 ADDENDUM NO. 2 coarse (Type "D"), and will be paid for at the contract unit price. At the completion of the — level -up coarse, the street will be swept by a mechanical broom and all loose material will be removed. Contractor shall provide plant mix design and material certification prior to any work. 2.04 ADJUSTMENTS TO EXPOSED UTILITY APPURTENANCES: Any water, sanitary sewer or storm sewer appurtenances encountered by the Contractor during construction will be adjusted by the Contractor to conform to the finished surface of the street. Contractor will take every care in the recovery of previously unlocated appurtenances. The Contractor must keep all sanitary or storm sewers clear of dirt or debris resulting from any construction operations. The Contractor is fully responsible for all damage and loss to utility appurtenances and facilities caused by his operations. Care must be exercised at all times to avoid damage or interruption of service. In the event that the Contractor, having taken every care for the recovery of previously unlocated appurtenances, damages a previously unlocated City owned appurtenance, the City will provide the cast replacement materials needed for the adjustment to be completed. Adjustments to any appurtenance must be done in a manner which is, and with materials that are, acceptable to the owner. See attached drawings for information on the adjustment of City of Anna Utility appurtenances. It is the intention of the City that all adjustments of utility -owned facilities be completed in advance of placement of the new asphaltic concrete surfaces. Adjustment of City owned appurtenances shall be done following resurfacing. The Contractor will endeavor to reuse existing castings, covers or other material parts. Extension rings will not be acceptable. The Contractor shall use Grade 30 Felt Paper to cover the appurtenance prior to Construction/Improvements. Upon Completion of asphalt resurfacing, the Contractor will mark all appurtenances with permanent type paint on the new surface for easy location. Adjustments will be made no more than five (5) at a time. When five (5) appurtenances have been exposed for adjustment, the Contractor will have three (3) days to complete said adjustments. Clean-up will be completed before the next five (5) appurtenances can be started. This is required in addition to Section 12-13 of General Technical Provisions. Payment for appurtenance adjustments will be included in monthly partial payments as the work is completed. This does not relieve the Contractor from the responsibility for making final corrections as may become necessary before the contract is accepted for final payment. The contract unit price for each item will be full compensation for removal and salvage of the existing appurtenance, for all required cleaning before reinstallation, for all cutting or rebuilding necessary to match the finished grade of the paving, for replacement of all damaged or lost parts, for new parts which may be necessary to match the height of the proposed surface, for protecting facilities to assure continuous and uninterrupted service, for the asphaltic concrete patching to protect traffic, and of all material, labor, and equipment 93 ADDENDUM NO.2 costs to satisfactorily complete the adjustments in accordance with these specifications and to the satisfaction of the Engineer. Contracted price for adjustment of any utility appurtenances will not be subject to renegotiations due to underrun of contract quantity. 2.05 PROJECT SIGNS: The Contractor on this project shall provide and erect up to two (2) project signs as required. Generally, project sign shall be located at the beginning and end of the project street sections and on major intersecting streets. Locations of signs will be as indicated by the Owner's representative. The sign shall be substantially in accordance with the drawing enclosed as part of these specifications. Construction shall be on 3/4" weatherproof (marine) plywood and the painting shall be accomplished with good quality paint which will not weather or fade excessively during life of contract. Sign colors shall be as indicated or equivalent color values as provided by other manufacturers. Signs shall be placed in prominent locations and maintained in good condition until the completion of the project. Damaged or defaced signs will be repaired within two working days at the Contractor's expense. The cost of the sign(s) shall be considered subsidiary to the unit prices bid on this project, unless otherwise noted. Signs shall become the property of the City of Anna after completion of the project. 2.06 POSTING SIGNS: The Contractor is the Public. Works Director's authorized designee to post notice of street improvement. The following stipulations will apply: A. 48 hours prior to the commencement of each phase of construction/improvements, i.e. base repair, level up, milling, or resurfacing is scheduled to start, the contractor will place "NO PARKING" signs at locations where plainly visible to all on -street parking areas and in sufficient number that the message can be read from any parking space, approximately 75 to 100 feet apart. Signs must be placed at the ends of each project street sections where they can be clearly seen by approaching traffic. B. "NO PARKING" signs must be used notifying persons that it is unlawful to park vehicles in the street, specifying the location, time, and dates, and a failure to observe this restriction will result in towing and/or penalty according to Ordinance No. 90-182. No separate or additional pay will be made for complying with the requirements of this special provision. No phase of construction/improvement may start until posting of signs is complete. 2.07 REMOVAL OF VEHICLES: The Contractor will be responsible for removal of vehicles which obstruct each phase of construction/improvement. The Engineer recommends that the 94 ADDENDUM NO. 2 Contractor engages the services of an off -duty police officer whenever private vehicles are to be towed. The Contractor must assume all responsibility for moving vehicles and handle all claims which may arise. No separate or additional pay will be made for complying with the requirements of this special provision. 2.08 TRAFFIC MOVEMENTS AND SCHEDULE OF OPERATIONS: Construction/improvements shall be scheduled to produce a minimum of interference to the movement of traffic. All streets are to remain open and usable to traffic during work operations by maintaining a minimum of one lane clear obstructions. The Contractor will provide flagmen as required to control traffic through the site. When not in use, equipment and 'machinery shall be removed from the street and out of the flow of traffic. Contractor shall provide (1) flagperson per intersection during all liming operations to stop all vehicular and pedestrian traffic from entering project area until work is completed. If any street is required to be closed on Saturday or Sunday, any legal city holiday, or on weekdays between the hours of 5:00 p.m. and 8:00 a.m., permission must be obtained in advance from the Engineer and all proper entities must be notified by the Contractor. Traffic control and street name signs shall not be torn down, covered or otherwise removed from the clear view of the driver or pedestrian. Restricted work hours and limited operations may be required on other thoroughfares and collector streets as directed by the Engineer. Nighttime, weekend and holiday work at any location requires specific approval in advance by the Engineer. 2.09 ADVANCE NOTICE OF CONSTRUCTION OPERATIONS: The Contractor will be required to distribute advance notices of proposed construction/improvements. These notices will be furnished by the City and will take the form of door -hangers. They must be distributed 48 hours in advance of scheduled operations and will be hand delivered and placed in an obvious location at each separate building or dwelling on the street. They will not be placed in mail boxes. No phase of construction/improvement may start until advance notices have been distributed. THE CONTRACTOR WILL BE REQUIRED AND IS RESPONSIBLE TO PUBLISH IN THE MCKINNEY COURIER GAZETTE 48 HOURS IN ADVANCE ANY SCHEDULED OPERATIONS OF STREETS THAT WILL HAVE CONSTRUCTION/ IMPROVEMENTS. A COPY OF THE NEWSPAPER ARTICLE WITH THE PUBLISHED STREETS WILL BE FURNISHED TO THE ENGINEER ON REQUEST. THE COST WILL BE PAID BY THE CONTRACTOR. The Contractor will be expected to make every diligent effort to prevent parking of vehicles on the street which may conflict with his construction operations. No additional compensation will be paid for this item but the cost shall be included in such pay items as are provided in the proposal. 95 ADDENDUM NO.2 2.10 PAYMENT OF TESTING: Testing of Materials -Samples of materials for testing shall be taken by, and at the discretion of the City. The initial testing of any sample material shall be made at the expense of the City. In the event the initial testing does not comply with the specifications, all subsequent testing to determine acceptability of the same or replacement material, will be conducted by the City secured laboratory at the Contractor's expense. All additional coring or concrete breaks must be done on or before the twenty-eighth (28) day after the material is placed. 2.11 VEGETATION MANAGEMENT: Construction Methods - It shall be the Contractor's responsibility to blade all grass out of the roadway area. All deleterious material shall be removed before spraying. The affected area shall be sprayed with Round Up (41%) herbicide, a product of the Monsantos Corporation or equal. The edge of the streets and other areas will be sprayed for at least a three (3) foot width or as directed by the Engineer. Herbicide will be sprayed before the asphalt is installed. The City of Anna will not be responsible for losses or damage resulting from the use of this product in any manner not specifically recommended by PBI/Gordon. The Contractor assumes all risks associated with such non -recommended use. 2.12 UNCLASSIFIED EXCAVATION: A. Description - Prior to the actual surface treatment, it will be the Contractor's responsibility to grade areas on or adjacent to the roadways to ensure adequate surface drainage as directed by the Engineer. B. Measurement and Payment - There will be no additional compensation for this work. It will be subsidiary to all other pay items, unless otherwise noted. 2.13 REINFORCED PORTLAND CEMENT CONCRETE PAYMENTS: All Reinforced Portland Cement Concrete Pavements shall be provided in accordance with TXDOT ITEM 360. 2.14 LIME STABILIZATION GENERAL INFORMATION: This item will cover the treatment of existing pavement and subgrade combined to be used as subgrade by pulverizing, adding lime, mixing and compacting material. Prior to any treatment processes all existing utility appurtenances shall be exposed and plainly marked. The existing pavement and subgrade material shall be cut and pulverized to a depth of 6" minimum. The material shall be cut and pulverized until a uniform grading of material is present and approved by the City. Contractor shall furnish type "C" Quicklime Grade "DS" at a rate of 30 LBS/SY. The application and mixing of lime may be accomplished by either "Dry Placing" or "Slurry Placing". The material and lime shall be thoroughly mixed and brought to the proper moisture content as determined by the City. The material shall then be compacted and sealed over to cure for a period of three (3) days. After this curing process is complete, material shall be remixed until a uniform grading is acquired and approved by the City. During remixing water shall be added as directed by the City and as soon as proper material grading is achieved, compaction process shall begin. Compaction shall continue until the entire depth of material is uniformly compacted to a density of 95 percent as determine by test method TEX-113-E and moisture is -2 to +3 of optimum moisture content. After compaction, material shall be finished to the lines and grades as required by the City and finish rolled with a pneumatic tire roller. The 96 ADDENDUM NO. 2 material shall then be treated with a prime coat at a rate of .10 to .20 gallons per square yard as determined by the engineer. During this process material shall be protected from traffic until prime coat has cured. Material shall be covered with Hot Mix Asphaltic Pavement as soon as possible, but no longer than seven (7) calendar days. If material is not covered within required time limit, subgrade will be inspected by the City to determine if the contractor will be required to rework the entire section. 2.15 CEMENT STABILIZATION GENERAL INFORMATION: All Cement Stabilization shall be provided in accordance with TXDOT ITEM 275. 2.16 FLEXIBLE BASE GENERAL INFORMATION: All Flexible Base shall be provided in accordance with TXDOT ITEM 247. 2.17 ASPHALT ANTISTRIPPING AGENT: A. Description. This item shall govern for furnishing and blending an antistripping agent into the asphalt for use in asphaltic concrete pavement mixtures or asphalt stabilized base mixtures when designated on the plans and as directed by the Engineer. B. Materials. The anti -stripping agent shall be a uniform liquid at 77°F. It shall show no significant loss in effectiveness when the asphalt -agent blend is held for three days at 350' F. The anti -stripping agent shall be evaluated in laboratory mixtures with the materials and design proposed for use. Unless otherwise indicated in the plans, the mix shall be evaluated using Test Method Tex-531-C and must evidence a minimum tensile strength ratio of 0.70. The Test Method Tex-531-C Mixing and Molding procedures are amended for material provided under the Special Specification Item, "Hot Mix -Cold Laid Asphaltic Concrete Pavement' by mixing the design aggregates and the asphalt -primer blend (no water) at 200' plus or minus 5° F, cooling at room temperature for 2.5 hours, curing mix a minimum of 15 hours at 1400 F or until constant weight is attained, heating the mix specifications at 1000 plus or minus 5° F for two hours, and molding at 1000 plus or minus 5° F. Plant mixes may be tested by the modified procedure starting with the curing step. The amount of agent used shall be 0.5 to 1.0 percent by weight of the design asphalt, and the actual amount shall be determined based on the results of the evaluation. If plans notes indicate that the mix is to be evaluated using Test Method Tex-530-C, the following shall apply for the material provided under the Special Specification Item, "Hot Mix -Cold Laid Asphaltic Concrete Pavement'. The Tex-530-C mixing procedure is amended in that the asphalt, primer (no water) and any anti -stripping agent is blended at 2000 plus or minus 50 F, aggregates and binder mixed at 200' plus or minus 5° F, and the mix cured to constant weight at 1400 F prior to performing the stripping test. Plant mix may be tested by curing to constant weight and performing the stripping test. As directed by the Engineer, additional samples of the mix produced for the construction item will be obtained during the progress of the work, and tested to determine the continued effectiveness of the asphalt -agent blend. If such testing indicates failure of 97 ADDENDUM NO. 2 the mix to meet the stripping resistance required, the Engineer will halt the work until such time as the problem has been corrected by any necessary change in design, materials or mix production. Prior to delivery, a sample of the anti -stripping agent proposed for use shall be furnished to the Department for testing. The anti -stripping agent shall be delivered in unbroken containers with the manufacturer's label properly affixed, or in sealed tank trucks properly invoiced. C. Construction Materials. Handling of the anti -stripping agent shall at all times be in accordance with the manufacturer's recommendations. The agent must not evidence any separation or non - uniformity at time of use. For agents that have high viscosity normal ambient temperatures, the Contractor shall provide a suitable means of warming the material to a proper consistency for blending with the asphalt. The agent shall be added to the asphalt at the rate determined in accordance with subsection B., above, by means of an in -line metering device just prior to introduction of the asphalt into the mixing plant. The equipment used must be approved by the Engineer. The Contractor will be required to demonstrate that the equipment is properly calibrated. Unless otherwise shown on the plans, a control section of asphaltic -concrete pavement ~, containing no antistripping agent shall be placed. This control section shall be placed at the location and of the length shown on the plans. D. Measurement and Payment Work performed and materials furnished as prescribed by this Item will not be measured nor paid for directly, but shall be considered subsidiary to the governing specifications for the items of construction in which these materials are used. 2.18 SURFACE AND EDGE MILLING: The existing surface on designated streets will be milled to the depths and dimensions directed by the Engineer. It is not the intention to mill the original concrete base of the street, but concrete patches or other obstructions protruding above the original base and into the surface specified for removal will be milled to conform to the desired section. Variations in depth of milling operations shall not exceed 3/8 inch in the finished surface prior to resurfacing. Surface milling and edge milling will be to depths as shown on the enclosed sketches. Milling round radii of intersections will be required where directed by the Engineer. Normal milling operations shall be conducted to the edge of all manholes, valves and other appurtenances encountered. If the milling machine can not accomplish this, then milling with hand tools or by other methods shall be employed. No separate compensation will be paid for any milling adjacent to appurtenances that is done with hand tools or by other methods. The milling machine shall self -load the milled material onto an adjacent hauling unit. Water or other approved liquid shall be sprayed on the material being milled to eliminate dust during the 98 ADDENDUM NO. 2 milling operation. Brooming and/or sweeping to remove any loose material not removed by the machine shall be conducted immediately behind the machine in an approved manner to the satisfaction of the Engineer. All milled surfaces shall be cleaned, inspected, measured, and approved before the application of the tack coat or asphaltic concrete mixture. Normal operations will require complete cleanup before the Contractor is allowed to leave the job. The Contractor will not be permitted to mill any street more than one week in advance of scheduled resurfacing. Lighted barricades will be placed around all exposed surface protrusions the same day they are exposed. Failure to observe these constraints may result in shutting down the work until they are satisfied. Surface milling will be measure for payment in square yards of surface milled regardless of the number of passes required to provide the specific section for SURFACE MILLING and in linear feet for EDGE MILLING. The contract unit prices shall be the total compensation for milling the surface, removal and disposal of the milled material, cleaning the milled area, and for all labor, equipment, and incidentals necessary to complete the work in accordance with this provision, the specifications and the attached details. These items will be bid on the basis that all milled material will be hauled and disposed of at the location designated by the Engineer for use by the City. The unit prices for SURFACE MILLING and EDGE MILLING will not be subject to renegotiation due to under -run of Contract quantities. 2.19 MATERIALS AND EQUIPMENT: The Contractor shall be free to secure the approved materials, equipment and articles from sources of his own selection. However, if the Owner finds that the work shall be delayed or adversely affected in any way because a selected source of supply cannot furnish a uniform product in sufficient quantity and at the time required and a suitable source does exist, or the product is not suitable for the work, the Owner shall have the right to require the original source of supply changed by the Contractor. The Contractor shall have no claim for extra cost or damage because of this requirement. The Contractor warrants to the Owner that all materials and equipment furnished under this Contract Agreement shall be new unless otherwise specified in the contract documents; and that same shall be of good quality and workmanship, free from faults and defects and in conformance with the contract documents. All materials and equipment not conforming to these requirements, including substitutions and not properly approved and authorized, may be considered defective, and shall be promptly repaired or replaced by the Contractor at the Contractor's sole cost upon demand of the Owner. If required by the Owner, the Contractor shall furnish evidence as to the kind and quality of materials and equipment. 2.20 WORKMANSHIP: The Contractor shall furnish the Owner with every reasonable facility for ascertaining whether or not the work performed was in accordance with the requirements and intent of the plans and specifications. Any work done (except excavation) or materials used without suitable inspection by the Owner may be ordered removed and replaced at the Contractor's expense. W ADDENDUM NO. 2 The Contractor shall promptly correct or replace all work rejected by the Owner as defective or as failing to conform to the contract documents whether observed before or after substantial completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected work, including costs incurred for additional services necessary thereby. 2.21 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work which has been rejected or condemned shall be repaired, or if it cannot be repaired satisfactorily, it shall be removed and replaced at the Contractor's expense. Defective materials shall be immediately removed from the site of the work. Upon failure of the Contractor to repair satisfactorily or to remove and replace, if so directed, rejected, unauthorized or condemned work or materials, immediately after receiving notice to the Owner, the Owner shall, after giving written notice to the Contractor, have the authority to cause defective work to be remedied or removed and replaced, or to cause unauthorized work to be removed and to deduct the cost thereof from any monies due or to become due the Contractor. Alternatively, the Owner may, at its option, declare the Contractor in default, in which event the performance bond surety shall complete the contract. 100