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Res 2024-03-1605 Award the Phase 1 of the State Hwy 5 Utility Relocation Project to Atkins Brothers
Date:February 27, 2024 Western Municipal Construction of Texas, LLC Project: Item No. Approximate Quantities Unit Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension 1 1 L.S. $50,000.00 50,000.00$ $70.00 70.00$ $71,715.00 71,715.00$ $75,000.00 75,000.00$ $77,000.00 77,000.00$ 2 56 STA. $200.00 11,200.00$ $385.00 21,560.00$ $300.00 16,800.00$ $100.00 5,600.00$ $200.00 11,200.00$ 3 2,254 L.F. $175.00 394,450.00$ $110.00 247,940.00$ $150.00 338,100.00$ $200.00 450,800.00$ $152.68 344,140.72$ 4 118 L.F. $375.00 44,250.00$ $715.00 84,370.00$ $686.00 80,948.00$ $500.00 59,000.00$ $537.79 63,459.22$ 5 245 L.F. $231.00 56,595.00$ $310.00 75,950.00$ $373.00 91,385.00$ $435.00 106,575.00$ $345.82 84,725.90$ 6 20 L.F. $195.00 3,900.00$ $210.00 4,200.00$ $249.00 4,980.00$ $215.00 4,300.00$ $254.98 5,099.60$ 7 2,316 L.F. $95.00 220,020.00$ $73.00 169,068.00$ $93.00 215,388.00$ $115.00 266,340.00$ $118.84 275,233.44$ 8 68 L.F. $92.00 6,256.00$ $90.00 6,120.00$ $102.00 6,936.00$ $125.00 8,500.00$ $91.79 6,241.72$ 9 6 Ea. $4,200.00 25,200.00$ $4,400.00 26,400.00$ $6,840.00 41,040.00$ $5,500.00 33,000.00$ $8,053.84 48,323.04$ 10 10 Ea. $2,200.00 22,000.00$ $2,600.00 26,000.00$ $4,100.00 41,000.00$ $2,800.00 28,000.00$ $6,271.34 62,713.40$ 11 7 Ea. $7,000.00 49,000.00$ $7,225.00 50,575.00$ $10,500.00 73,500.00$ $9,000.00 63,000.00$ $10,341.04 72,387.28$ 12 2 Ea. $200.00 400.00$ $1,920.00 3,840.00$ $1,080.00 2,160.00$ $1,250.00 2,500.00$ $1,204.35 2,408.70$ 13 2 Ea. $4,900.00 9,800.00$ $5,200.00 10,400.00$ $7,040.00 14,080.00$ $5,000.00 10,000.00$ $6,736.95 13,473.90$ 14 2 Ea. $3,900.00 7,800.00$ $10,000.00 20,000.00$ $11,740.00 23,480.00$ $10,000.00 20,000.00$ $9,450.26 18,900.52$ 15 34 Ea. $150.00 5,100.00$ $1,300.00 44,200.00$ $1,300.00 44,200.00$ $1,400.00 47,600.00$ $2,000.00 68,000.00$ 16 11 Ea. $4,500.00 49,500.00$ $5,000.00 55,000.00$ $3,500.00 38,500.00$ $3,000.00 33,000.00$ $5,000.00 55,000.00$ 17 6 Ea. $1,000.00 6,000.00$ $975.00 5,850.00$ $2,400.00 14,400.00$ $1,000.00 6,000.00$ $2,108.01 12,648.06$ 18 230 L.F. $175.00 40,250.00$ $99.00 22,770.00$ $135.00 31,050.00$ $145.00 33,350.00$ $100.11 23,025.30$ 19 160 L.F. $210.00 33,600.00$ $695.00 111,200.00$ $443.00 70,880.00$ $600.00 96,000.00$ $456.99 73,118.40$ 20 685 L.F. $195.00 133,575.00$ $82.00 56,170.00$ $80.00 54,800.00$ $130.00 89,050.00$ $69.95 47,915.75$ 21 8 Ea. $8,000.00 64,000.00$ $12,400.00 99,200.00$ $15,450.00 123,600.00$ $9,000.00 72,000.00$ $7,522.56 60,180.48$ 972-382-2123 bddzip@sbcglobal.net Dallas, Texas BID OF Valley View, TX 76272 Adam Darrach 817-751-4975 402 Gulf Ave BID OF cwilson@wmc-i.com ANA Site Construction, LLC 784 Tower Rd Atkins Bros. Equip. Comp., Inc. 3516 Old Fort Worth Road satkins@ectisp.net A&M Construction and Utilities, Inc. 4950 Grisham Dr dmolina@amconstructionutility.com Cut, plug and abandon existing water line Furnish & install 12-inch PVC Sanitary Sewer Line by Open Cut w/ Class "H" Embedment Furnish & Install 12-inch fused joint HDPE Sanitary Sewer Line by Other Than Open Cut w/18- inch Steel Encasement Furnish & Install 8-inch PVC Sanitary Sewer Line by Open Cut w/ Class "H" Embedment Furnish & Install 12-inch Fused Joint HDPE Water Line by Other Than Open Cut Furnish & Install 12-inch PVC Water Line by Open Cut w/ Class "G" Embedment Furnish & Install 4-foot Corrosion Resistant Manholes BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS Midlothian, TX 76065 Mike Atkins 972-775-7955 BID OF Justin, TX 76247 Michael Hern 940-648-0020 BID OF Rowlett, TX 75088 Perla Tovar 972-412-0255 BID OF Celina. TX 75009 Lewis Dickersom TABULATION OF BIDS Dickerson Construction Co, Inc. 1130 N. Louisiana Dr. Connect to Existing Water Line Furnish & Install 12-inch R.S. Gate Valve Furnish & Install 8-inch R.S. Gate Valve Furnish & Install Fire Hydrant Assembly including 6-inch R.S. Gate Valve Remove and Salvage (to City) Fire Hydrant Furnish & Install 8-inch PVC Water Line by Open Cut w/ Class "B" Embedment Furnish & Install 6-inch PVC Water Line by Open Cut w/ Class "B" Embedment Mobilization, Bonds and Insurance Clearing and Grubbing Furnish & Install 12-inch PVC Water Line by Open Cut w/ Class "B" Embedment Furnish & Install 12-inch PVC Water Line by Other Than Open Cut w/ 18-inch Steel Encasement Furnish & Install 6-inch blow-off asssembly Furnish & Install 2-inch air-release/vacuum valve assembly Transfer Existing Water Service Connection Description City of Anna, Texas S.H. 5 UTILITY RELOCATIONS - PHASE I J:\CLERICAL\Anna\2021-118 SH 5 Utility Relocation Design\Specs\Tech-Spec\11-P&BS -2.xlsx Page 1 of 6 Date:February 27, 2024 Western Municipal Construction of Texas, LLC Project: Item No. Approximate Quantities Unit Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension 972-382-2123 bddzip@sbcglobal.net Dallas, Texas BID OF Valley View, TX 76272 Adam Darrach 817-751-4975 402 Gulf Ave BID OF cwilson@wmc-i.com ANA Site Construction, LLC 784 Tower Rd Atkins Bros. Equip. Comp., Inc. 3516 Old Fort Worth Road satkins@ectisp.net A&M Construction and Utilities, Inc. 4950 Grisham Dr dmolina@amconstructionutility.com BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS Midlothian, TX 76065 Mike Atkins 972-775-7955 BID OF Justin, TX 76247 Michael Hern 940-648-0020 BID OF Rowlett, TX 75088 Perla Tovar 972-412-0255 BID OF Celina. TX 75009 Lewis Dickersom TABULATION OF BIDS Dickerson Construction Co, Inc. 1130 N. Louisiana Dr. Description City of Anna, Texas S.H. 5 UTILITY RELOCATIONS - PHASE I 22 7 Ea. $300.00 2,100.00$ $1,400.00 9,800.00$ $1,800.00 12,600.00$ $1,800.00 12,600.00$ $2,921.74 20,452.18$ 23 1 Ea. $1,000.00 1,000.00$ $2,000.00 2,000.00$ $5,860.00 5,860.00$ $1,500.00 1,500.00$ $2,621.74 2,621.74$ 24 1 Ea. $500.00 500.00$ $4,000.00 4,000.00$ $4,300.00 4,300.00$ $1,000.00 1,000.00$ $1,189.86 1,189.86$ 25 1 L.S. $25,000.00 25,000.00$ $65,000.00 65,000.00$ $17,000.00 17,000.00$ $17,500.00 17,500.00$ $22,043.48 22,043.48$ 26 2 Ea. $500.00 1,000.00$ $1,300.00 2,600.00$ $1,300.00 2,600.00$ $500.00 1,000.00$ $1,005.49 2,010.98$ 27 24 L.F. $100.00 2,400.00$ $290.00 6,960.00$ $225.00 5,400.00$ $125.00 3,000.00$ $198.10 4,754.40$ 28 17 S.Y. $50.00 850.00$ $225.00 3,825.00$ $185.00 3,145.00$ $80.00 1,360.00$ $110.04 1,870.68$ 29 95 S.Y. $150.00 14,250.00$ $150.00 14,250.00$ $175.00 16,625.00$ $75.00 7,125.00$ $71.92 6,832.40$ 30 163 S.Y. $60.00 9,780.00$ $20.00 3,260.00$ $26.00 4,238.00$ $10.00 1,630.00$ $23.58 3,843.54$ 31 163 S.Y. $135.00 22,005.00$ $65.00 10,595.00$ $114.00 18,582.00$ $65.00 10,595.00$ $40.81 6,652.03$ 32 50 L.F. $60.00 3,000.00$ $100.00 5,000.00$ $125.00 6,250.00$ $50.00 2,500.00$ $60.00 3,000.00$ 33 46 L.F. $10.00 460.00$ $15.00 690.00$ $107.00 4,922.00$ $10.00 460.00$ $199.75 9,188.50$ 34 24 L.F. $200.00 4,800.00$ $265.00 6,360.00$ $451.00 10,824.00$ $120.00 2,880.00$ $500.00 12,000.00$ 35 3 Ea. $150.00 450.00$ $65.00 195.00$ $360.00 1,080.00$ $750.00 2,250.00$ $1,000.00 3,000.00$ 36 10 L.F. $70.00 700.00$ $60.00 600.00$ $215.00 2,150.00$ $50.00 500.00$ $53.46 534.60$ 37 12,384 S.Y. $0.50 6,192.00$ $4.75 58,824.00$ $1.60 19,814.40$ $1.50 18,576.00$ $4.00 49,536.00$ 38 1 L.S. $500.00 500.00$ $3,500.00 3,500.00$ $650.00 650.00$ $2,500.00 2,500.00$ $2,000.00 2,000.00$ 39 5,573 L.F. $1.00 5,573.00$ $1.50 8,359.50$ $5.00 27,865.00$ $2.00 11,146.00$ $5.00 27,865.00$ 40 1 L.S. $1,000.00 1,000.00$ $3,000.00 3,000.00$ $650.00 650.00$ $2,500.00 2,500.00$ $2,500.00 2,500.00$ 41 1 L.S. $1,500.00 1,500.00$ $15,000.00 15,000.00$ $15,400.00 15,400.00$ $5,000.00 5,000.00$ $29,955.10 29,955.10$ 42 1 L.S. $1,000.00 1,000.00$ $4,000.00 4,000.00$ $2,000.00 2,000.00$ $2,500.00 2,500.00$ $2,000.00 2,000.00$ 43 1 L.S. $2,500.00 2,500.00$ $30,000.00 30,000.00$ $12,000.00 12,000.00$ $15,000.00 15,000.00$ $20,000.00 20,000.00$ By-pass Pumping Transfer Existing Sewer Service Connection Connect to Existing Sewer Manhole Abandon Existing Manholes Remove and Replace Wood Fence Remove and Replace Barb Wire Fence Remove and Replace Concrete Wall Remove and Replace Wood Steps Remove and Replace Concrete Curb Furnish, Install and Maintain Hydromulch Seeding Furnish Trench Safety Plan Implement Trench Safety Systems Furnish Erosion Control Plan Furnish, Install and Maintain Erosion Control Measures Furnish Traffic Control Plan Furnish, Install, Maintain and Remove Traffic Control Measures Cut, Plug and Abandon Existing Sanitary Sewer Line Remove 24-inch CMP and Replace with 24-inch RCP Furnish & Install Cement Stabilized Backfill Remove and Replace Concrete Driveway Remove and Replace Gravel Driveway Remove and Replace Asphalt Pavement J:\CLERICAL\Anna\2021-118 SH 5 Utility Relocation Design\Specs\Tech-Spec\11-P&BS -2.xlsx Page 2 of 6 Date:February 27, 2024 Western Municipal Construction of Texas, LLC Project: Item No. Approximate Quantities Unit Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension 972-382-2123 bddzip@sbcglobal.net Dallas, Texas BID OF Valley View, TX 76272 Adam Darrach 817-751-4975 402 Gulf Ave BID OF cwilson@wmc-i.com ANA Site Construction, LLC 784 Tower Rd Atkins Bros. Equip. Comp., Inc. 3516 Old Fort Worth Road satkins@ectisp.net A&M Construction and Utilities, Inc. 4950 Grisham Dr dmolina@amconstructionutility.com BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS Midlothian, TX 76065 Mike Atkins 972-775-7955 BID OF Justin, TX 76247 Michael Hern 940-648-0020 BID OF Rowlett, TX 75088 Perla Tovar 972-412-0255 BID OF Celina. TX 75009 Lewis Dickersom TABULATION OF BIDS Dickerson Construction Co, Inc. 1130 N. Louisiana Dr. Description City of Anna, Texas S.H. 5 UTILITY RELOCATIONS - PHASE I 44 18 L.F. $275.00 4,950.00$ $100.00 1,800.00$ $125.00 2,250.00$ $400.00 7,200.00$ $467.48 8,414.64$ 45 1 Ea. $1,000.00 1,000.00$ $1,250.00 1,250.00$ $3,250.00 3,250.00$ $1,000.00 1,000.00$ $500.00 500.00$ 1,345,406.00$ 1,401,751.50$ 1,598,397.40$ 1,640,937.00$ 1,667,960.56$ Total Furnish and Install 8" PVC Water Line by Other Than Open Cut Project Sign J:\CLERICAL\Anna\2021-118 SH 5 Utility Relocation Design\Specs\Tech-Spec\11-P&BS -2.xlsx Page 3 of 6 Date:February 27, 2024 Project: Item No. Approximate Quantities Unit 1 1 L.S. 2 56 STA. 3 2,254 L.F. 4 118 L.F. 5 245 L.F. 6 20 L.F. 7 2,316 L.F. 8 68 L.F. 9 6 Ea. 10 10 Ea. 11 7 Ea. 12 2 Ea. 13 2 Ea. 14 2 Ea. 15 34 Ea. 16 11 Ea. 17 6 Ea. 18 230 L.F. 19 160 L.F. 20 685 L.F. 21 8 Ea. Dallas, Texas Cut, plug and abandon existing water line Furnish & install 12-inch PVC Sanitary Sewer Line by Open Cut w/ Class "H" Embedment Furnish & Install 12-inch fused joint HDPE Sanitary Sewer Line by Other Than Open Cut w/18- inch Steel Encasement Furnish & Install 8-inch PVC Sanitary Sewer Line by Open Cut w/ Class "H" Embedment Furnish & Install 12-inch Fused Joint HDPE Water Line by Other Than Open Cut Furnish & Install 12-inch PVC Water Line by Open Cut w/ Class "G" Embedment Furnish & Install 4-foot Corrosion Resistant Manholes BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS TABULATION OF BIDS Connect to Existing Water Line Furnish & Install 12-inch R.S. Gate Valve Furnish & Install 8-inch R.S. Gate Valve Furnish & Install Fire Hydrant Assembly including 6-inch R.S. Gate Valve Remove and Salvage (to City) Fire Hydrant Furnish & Install 8-inch PVC Water Line by Open Cut w/ Class "B" Embedment Furnish & Install 6-inch PVC Water Line by Open Cut w/ Class "B" Embedment Mobilization, Bonds and Insurance Clearing and Grubbing Furnish & Install 12-inch PVC Water Line by Open Cut w/ Class "B" Embedment Furnish & Install 12-inch PVC Water Line by Other Than Open Cut w/ 18-inch Steel Encasement Furnish & Install 6-inch blow-off asssembly Furnish & Install 2-inch air-release/vacuum valve assembly Transfer Existing Water Service Connection Description City of Anna, Texas S.H. 5 UTILITY RELOCATIONS - PHASE I Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension $78,770.25 78,770.25$ $139,572.00 139,572.00$ $87,194.90 87,194.90$ $150,000.00 150,000.00$ $80,000.00 80,000.00$ $85.09 4,765.04$ $332.00 18,592.00$ $139.29 7,800.24$ $1,000.00 56,000.00$ $2,000.00 112,000.00$ $122.10 275,213.40$ $147.00 331,338.00$ $162.81 366,973.74$ $125.00 281,750.00$ $160.00 360,640.00$ $450.44 53,151.92$ $737.00 86,966.00$ $752.13 88,751.34$ $775.00 91,450.00$ $1,200.00 141,600.00$ $255.64 62,631.80$ $184.00 45,080.00$ $385.34 94,408.30$ $775.00 189,875.00$ $450.00 110,250.00$ $228.32 4,566.40$ $488.00 9,760.00$ $253.23 5,064.60$ $200.00 4,000.00$ $450.00 9,000.00$ $79.89 185,025.24$ $108.00 250,128.00$ $104.72 242,531.52$ $95.00 220,020.00$ $130.00 301,080.00$ $95.27 6,478.36$ $158.00 10,744.00$ $91.42 6,216.56$ $85.00 5,780.00$ $420.00 28,560.00$ $7,369.38 44,216.28$ $6,240.00 37,440.00$ $4,538.73 27,232.38$ $4,800.00 28,800.00$ $4,550.00 27,300.00$ $5,075.28 50,752.80$ $4,320.00 43,200.00$ $2,548.00 25,480.00$ $3,000.00 30,000.00$ $2,300.00 23,000.00$ $11,065.62 77,459.34$ $7,035.00 49,245.00$ $9,149.66 64,047.62$ $10,500.00 73,500.00$ $7,500.00 52,500.00$ $1,191.09 2,382.18$ $475.00 950.00$ $520.00 1,040.00$ $3,500.00 7,000.00$ $900.00 1,800.00$ Non-Responsive -$ $10,000.00 20,000.00$ $6,955.07 13,910.14$ $10,000.00 20,000.00$ $7,000.00 14,000.00$ $15,619.84 31,239.68$ $19,300.00 38,600.00$ $7,315.60 14,631.20$ $7,000.00 14,000.00$ $10,000.00 20,000.00$ $2,394.59 81,416.06$ $880.00 29,920.00$ $2,525.79 85,876.86$ $2,000.00 68,000.00$ $2,200.00 74,800.00$ $3,461.09 38,071.99$ $4,640.00 51,040.00$ $3,570.94 39,280.34$ $4,500.00 49,500.00$ $4,000.00 44,000.00$ $1,046.15 6,276.90$ $1,235.00 7,410.00$ $2,473.97 14,843.82$ $2,000.00 12,000.00$ $6,500.00 39,000.00$ $118.72 27,305.60$ $149.00 34,270.00$ $141.79 32,611.70$ $105.00 24,150.00$ $127.00 29,210.00$ $404.10 64,656.00$ $615.00 98,400.00$ $1,160.93 185,748.80$ $310.00 49,600.00$ $1,250.00 200,000.00$ $94.56 64,773.60$ $106.00 72,610.00$ $117.17 80,261.45$ $85.00 58,225.00$ Non-Responsive -$ $12,695.03 101,560.24$ $17,600.00 140,800.00$ $9,749.68 77,997.44$ $12,500.00 100,000.00$ $12,000.00 96,000.00$ 903-870-0428 bill@vesselsconstruction.com BID OF MX Construction Services, Inc. 8951 Collin Mckinney PKWY Ste1001 McKinney, TX 75070 Tim White 682-218-6575 BID OF Vessels Construction 16867 Hwy 56 W. Sherman, TX 75092 Bill Vessels 580-282-0282 BID OF Quality Excavation LLC 104 Redfearn Rd Aubrey, TX 76227 Doug Murphy 940-365-0800 estimating@qualityexcavasion.com BID OF W. Brown Enterprises, Inc. 2905 N 1st Ave Durant, OK 74701 W. Scott Brown BID OF Canary Construction, Inc. 802 N. Kealy Avenue, Ste. 101 Lewisville, TX 75057 Wayne Borstad 469-464-3823 J:\CLERICAL\Anna\2021-118 SH 5 Utility Relocation Design\Specs\Tech-Spec\11-P&BS -2.xlsx Page 4 of 6 Date:February 27, 2024 Project: Item No. Approximate Quantities Unit Dallas, Texas BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS TABULATION OF BIDS Description City of Anna, Texas S.H. 5 UTILITY RELOCATIONS - PHASE I 22 7 Ea. 23 1 Ea. 24 1 Ea. 25 1 L.S. 26 2 Ea. 27 24 L.F. 28 17 S.Y. 29 95 S.Y. 30 163 S.Y. 31 163 S.Y. 32 50 L.F. 33 46 L.F. 34 24 L.F. 35 3 Ea. 36 10 L.F. 37 12,384 S.Y. 38 1 L.S. 39 5,573 L.F. 40 1 L.S. 41 1 L.S. 42 1 L.S. 43 1 L.S. By-pass Pumping Transfer Existing Sewer Service Connection Connect to Existing Sewer Manhole Abandon Existing Manholes Remove and Replace Wood Fence Remove and Replace Barb Wire Fence Remove and Replace Concrete Wall Remove and Replace Wood Steps Remove and Replace Concrete Curb Furnish, Install and Maintain Hydromulch Seeding Furnish Trench Safety Plan Implement Trench Safety Systems Furnish Erosion Control Plan Furnish, Install and Maintain Erosion Control Measures Furnish Traffic Control Plan Furnish, Install, Maintain and Remove Traffic Control Measures Cut, Plug and Abandon Existing Sanitary Sewer Line Remove 24-inch CMP and Replace with 24-inch RCP Furnish & Install Cement Stabilized Backfill Remove and Replace Concrete Driveway Remove and Replace Gravel Driveway Remove and Replace Asphalt Pavement Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension 903-870-0428 bill@vesselsconstruction.com BID OF MX Construction Services, Inc. 8951 Collin Mckinney PKWY Ste1001 McKinney, TX 75070 Tim White 682-218-6575 BID OF Vessels Construction 16867 Hwy 56 W. Sherman, TX 75092 Bill Vessels 580-282-0282 BID OF Quality Excavation LLC 104 Redfearn Rd Aubrey, TX 76227 Doug Murphy 940-365-0800 estimating@qualityexcavasion.com BID OF W. Brown Enterprises, Inc. 2905 N 1st Ave Durant, OK 74701 W. Scott Brown BID OF Canary Construction, Inc. 802 N. Kealy Avenue, Ste. 101 Lewisville, TX 75057 Wayne Borstad 469-464-3823 $2,903.48 20,324.36$ $5,400.00 37,800.00$ $3,477.58 24,343.06$ $7,500.00 52,500.00$ $2,200.00 15,400.00$ $2,431.02 2,431.02$ $4,400.00 4,400.00$ $1,016.98 1,016.98$ $4,500.00 4,500.00$ $2,200.00 2,200.00$ $1,796.09 1,796.09$ $6,900.00 6,900.00$ $975.00 975.00$ $5,500.00 5,500.00$ $2,200.00 2,200.00$ $33,140.25 33,140.25$ $61,800.00 61,800.00$ $19,500.00 19,500.00$ $120,000.00 120,000.00$ $25,000.00 25,000.00$ $1,644.84 3,289.68$ $10,000.00 20,000.00$ $1,614.60 3,229.20$ $3,000.00 6,000.00$ $5,500.00 11,000.00$ $218.30 5,239.20$ $205.00 4,920.00$ $219.40 5,265.60$ $185.00 4,440.00$ $250.00 6,000.00$ $369.22 6,276.74$ $270.00 4,590.00$ $448.50 7,624.50$ $65.00 1,105.00$ $400.00 6,800.00$ $210.95 20,040.25$ $124.00 11,780.00$ $213.97 20,327.15$ $225.00 21,375.00$ $200.00 19,000.00$ $37.70 6,145.10$ $29.00 4,727.00$ $46.05 7,506.15$ $100.00 16,300.00$ $100.00 16,300.00$ $177.42 28,919.46$ $89.00 14,507.00$ $251.40 40,978.20$ $205.00 33,415.00$ $200.00 32,600.00$ $208.73 10,436.50$ $104.00 5,200.00$ $65.00 3,250.00$ $100.00 5,000.00$ $50.00 2,500.00$ $111.79 5,142.34$ $53.00 2,438.00$ $70.65 3,249.90$ $100.00 4,600.00$ $40.00 1,840.00$ $491.57 11,797.68$ $282.00 6,768.00$ $498.33 11,959.92$ $205.00 4,920.00$ $95.00 2,280.00$ $4,285.41 12,856.23$ $881.00 2,643.00$ $866.67 2,600.01$ $4,500.00 13,500.00$ $400.00 1,200.00$ $775.16 7,751.60$ $340.00 3,400.00$ $130.00 1,300.00$ $205.00 2,050.00$ $100.00 1,000.00$ $20.63 255,481.92$ $8.00 99,072.00$ $6.99 86,564.16$ $8.50 105,264.00$ $5.00 61,920.00$ $9,904.05 9,904.05$ $440.00 440.00$ $975.00 975.00$ $1,500.00 1,500.00$ $1,500.00 1,500.00$ $2.23 12,427.79$ $1.00 5,573.00$ $4.00 22,292.00$ $3.00 16,719.00$ $2.00 11,146.00$ $34,474.05 34,474.05$ $1,100.00 1,100.00$ $2,714.97 2,714.97$ Non-Responsive -$ $2,500.00 2,500.00$ $15,754.05 15,754.05$ $7,000.00 7,000.00$ $37,976.90 37,976.90$ $60,000.00 60,000.00$ $40,000.00 40,000.00$ $21,604.05 21,604.05$ $1,200.00 1,200.00$ $4,264.00 4,264.00$ Non-Responsive -$ $4,000.00 4,000.00$ $8,775.00 8,775.00$ $11,500.00 11,500.00$ $21,222.50 21,222.50$ $84,000.00 84,000.00$ $40,000.00 40,000.00$ J:\CLERICAL\Anna\2021-118 SH 5 Utility Relocation Design\Specs\Tech-Spec\11-P&BS -2.xlsx Page 5 of 6 Date:February 27, 2024 Project: Item No. Approximate Quantities Unit Dallas, Texas BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS TABULATION OF BIDS Description City of Anna, Texas S.H. 5 UTILITY RELOCATIONS - PHASE I 44 18 L.F. 45 1 Ea. Total Furnish and Install 8" PVC Water Line by Other Than Open Cut Project Sign Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension 903-870-0428 bill@vesselsconstruction.com BID OF MX Construction Services, Inc. 8951 Collin Mckinney PKWY Ste1001 McKinney, TX 75070 Tim White 682-218-6575 BID OF Vessels Construction 16867 Hwy 56 W. Sherman, TX 75092 Bill Vessels 580-282-0282 BID OF Quality Excavation LLC 104 Redfearn Rd Aubrey, TX 76227 Doug Murphy 940-365-0800 estimating@qualityexcavasion.com BID OF W. Brown Enterprises, Inc. 2905 N 1st Ave Durant, OK 74701 W. Scott Brown BID OF Canary Construction, Inc. 802 N. Kealy Avenue, Ste. 101 Lewisville, TX 75057 Wayne Borstad 469-464-3823 $404.94 7,288.92$ $305.00 5,490.00$ $256.88 4,623.84$ $675.00 12,150.00$ $1,200.00 21,600.00$ $4,216.09 4,216.09$ $1,720.00 1,720.00$ $604.50 604.50$ $5,500.00 5,500.00$ $1,500.00 1,500.00$ 1,806,225.50$ 1,841,033.00$ 1,896,266.49$ 2,113,988.00$ 2,094,226.00$ J:\CLERICAL\Anna\2021-118 SH 5 Utility Relocation Design\Specs\Tech-Spec\11-P&BS -2.xlsx Page 6 of 6 CITY OF ANNA, TEXAS SPECIFICATIONS AND CONTRACT DOCUMENTS AND CONSTRUCTION PLANS FOR THE CONSTRUCTION OF S.H. 5 UTILITY RELOCATIONS- PHASE I THE CITY OF manna ;.: � CRAIG M. I�RKHOFF 106102 fl ��c''��'ENSE: •'�[��'J PREPARED BY BIRKHOFF, HENDRICKS & CARTER, L.L.P PROFESSIONAL ENGINEERS 11910 GREENVILLE AVENUE, SUITE 600 DALLAS, TEXAS 75243 JANUARY 2024 Texas Firm 526 TABLE OF CONTENTS Addenda............................................................................................................ As Published InvitationTo Bid.................................................................................................................... 1 NoticeTo Bidders................................................................................................................. 2 Section1. Bids............................................................................................................... 2 Section 2. Contract Documents..................................................................................... 2 Section 3. Plans For Use By Bidder............................................................................... 2 Section 4. Time and Order for Completion..................................................................... 3 Section 5. Two -Year Maintenance Bond........................................................................ 3 Section 6. Plans For The Contractor.............................................................................. 3 Section 7. Preparation of Proposal................................................................................ 3 Section8. Bid Security................................................................................................... 4 Section 9. Liquidated Damages For Failure To Enter Into Contract ............................... 4 Section 10. Time of Completion and Liquidated Damages .............................................. 4 Section 11. Performance and Payment Bonds.................................................................. 4 Section 12. Bidder's Knowledge of Conditions.................................................................. 5 Section 13. Interpretation of Document.............................................................................. 5 Section14. Award of Contract........................................................................................... 5 Section 15. Protection of The Public.................................................................................. 5 Section 16. Affidavit Against Prohibited Acts..................................................................... 5 Section17. Engineer.......................................................................................................... 6 Section 18. American Disabilities Act................................................................................ 6 Section 19. Miscellaneous................................................................................................. 6 Qualification Statement of Bidders......................................................................................... 9 Qualification Statement of Bidder's Surety........................................................................... 14 ,. Prevailing Wage Rates For Municipal Construction In Anna, Texas ................................... 15 Vendors Compliance to State Law..................................................................................... 21 Conflict of Interest Questionnaire......................................................................................... 22 Affidavit Against Prohibited Acts........................................................................................... 25 Proposaland Bid Form....................................................................................................... 26 Request for Certificate of Exemption from Texas Limited Sales, Excise and Use Tax......... 37 g�ci<aco� Azov-�18s 5 uvey alofsuon deep\e \Imhspe .iodoxAax -i- Table of Contents Contract Agreement Section 1. Documents Incorporated By Reference ................................................. CA-1 Section 2. Representations Of The Contractor....................................................... CA-2 Section 3. Intent And Interpretation......................................................................... CA-2 Section 4. Contractor's Performance...................................................................... CA-4 Section 5. Time For Contractor's Performance; Delays .......................................... CA-4 Section 6. Fixed Price And Contract Payments...................................................... CA-6 Section 7. Information And Material Supplied By The City ...................................... CA-9 - Section 8. Cease And Desist Order/Owner's Right To Perform Work .................... CA-9 Section 9. Contractor's Duties, Obligations And Responsibilities ......................... CA-10 Section 10. Indemnity ............................................................................................. CA-13 Section 11. Claims By The Contractor.................................................................... CA-13 Section 12. Subcontractors..................................................................................... CA-14 Section 13. Change Orders.................................................................................... CA-15 Section 14. Discovering And Correcting Defective Or Incomplete Work ................. CA-17 Section 15. City's Right To Suspend Contractor's Performance ............................. CA-18 Section 16. Termination By The City...................................................................... CA-18 Section17. Insurance............................................................................................. CA-20 Section 18. Performance And Payment Bonds; Surety Bonds ............................... CA-21 Section 19. Project Records................................................................................... CA-22 Section 20. Applicable Law..................................................................................... CA-22 Section 21. Successors And Assigns...................................................................... CA-23 Section 22. Miscellaneous Provisions..................................................................... CA-23 Section 23. Entire Agreement................................................................................. CA-24 Section 24. Severability.......................................................................................... CA-24 Section25. Waiver.................................................................................................. CA-24 Bidder's Bond ................................................................................................................... B-1 PerformanceBond............................................................................................................ B-3 PaymentBond.................................................................................................................. B-5 MaintenanceBond............................................................................................................ B-7 Certificate of Insurance Form 1295 Instructions Construction Staking Certification Supplementary General Provisions........................................................... GP-1 thru GP-16 Materials & Construction Methods ...................................................... MCM-1 thru MCM-24 Technical Specifications - Civil &Iceml�U()21-1I8A5w y Ri�aao &sinU�n'02 n&x.aa. -U- Table of Contents INVITATION TO BID The City of Anna is soliciting competitive sealed bids (also referenced herein sometimes as "bids" or "proposals") for the construction of the following project: S.H. 5 UTILITY RELOCATIONS — PHASE I This project generally includes furnishing all labor, material, and equipment, and performing all work required for construction of approximately 2,318 L.F. of 8" water line, 4,138 L.F. of 12" water line, 561 L.F. of 8" sanitary sewer line, 393 L.F. of 12" sanitary sewer line, along with all necessary appurtenances. Proposals must be delivered to the attention of Joanna Golleher for the City of Anna at 120 W. 71" Street, Anna, Texas 75409, no later than the proposal submission deadline of Thursday, February 15, at 2:00 p.m., and then shall be publicly opened and read aloud in the City Council Chambers. Any proposals received after the specified time will not be accepted. Plans and specifications will be electronically posted on Civcast and IonWave https://annatexas.ionwave.net. Plans purchased from Plan Rooms or third -party websites shall be at the Bidder's sole risk. No guarantee of receipt of Addenda, as clarifications will be made for third - party downloads. Plans and specifications may also be examined, without charge, or purchased at the office of the City Engineer; Birkhoff, Hendricks & Carter, L.L.P. located at 11910 Greenville Ave., Suite 600, Dallas, Texas 75243. The cost for the plans and specifications are $30 per set (non- refundable) and will be available beginning Tuesday, January 30, 2024. 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 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 Advertisement Dates: January 30, 2024 February 6, 2024 ig. 3 Ilty< ZMa Lp.. 5n, -.gym-m.Iafi=a 6Aa - 1 - Invitation to NOTICE TO BIDDERS Section 1. BIDS: 1.01 Competitive sealed bids (also referenced herein sometimes as "bids" or "proposals") must be delivered to the attention of the Joanna for the City of Anna at 120 West 7th Street, Anna, Texas 75409, no later than the proposal submission deadline of Thursday, February 15, 2024, at 2:00 p.m. Timely proposals shall be publicly opened and read aloud in the City Council Chambers. Any proposals received after the specified time will not be accepted. S.H. 5 UTILITY RELOCATIONS — PHASE I 1.02 Proposals shall be on the form provided for that purpose and shall be enclosed in two sealed envelopes, one within the other, each clearly marked so as to guard against opening prior to the time set therefore. The bidder shall also be responsible for placing the bidder's firm/entity name on the outside of both such proposal envelopes. The original proposal with three (3) copies shall be provided. 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, therefore. 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 West 7tt' Street, Anna, Texas 75409, telephone number (972) 924-3325. 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. j:%ci.acan.d =I-„8 A 5 utility Rl�aoo - 2 - Notice to Bidders Section 4. TIME AND ORDER FOR COMPLETION: 4.01 The construction covered by the contract documents shall be fully complete within One hundred eighty (180) 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 ensure completion of the project within the time specified. Section 5. 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: 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 jMmcaly UMI-i Is�su itYm1mQn deep% a�h-sp�a wva.d« -3- Notice to 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: S.H. 5 UTILITY RELOCATIONS — PHASE I 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. 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. j.kled=1uue.@021-118eh5utility mlo tioodesi8o4 \itch-epwW notice.dw -4- Notice toBidders 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 written request 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 according to the factors listed below. The successful bidder must submit both base and alternate bids. Unless the bids are unreasonably high and/or the Owner rejects all bids, the Owner intends to award the contract on the basis of the following: Q FACTORS CONSIDERED % WEIGHT GIVEN Bid Amount 60% Quality of the Bidder's previous Municipal Projects of 25% similar nature Bidder's past relationship with the City 10% Safety record of the Bidder 5% 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 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. 18Wutility mlucationa�i,,ii h-s�.�nuun.a« -5- Notice to Bidders 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 ninety (90) 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 Contract 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 other customers for items awarded herein are reduced below the Contracted price, it is 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. j:kIedcWWm=21419 e 5 ueuty m«mme deli �op�=�" noeaaor -6- Notice to Bidders 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. 19.14 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 j.klenc ev UO21-118 e 5 u hty ml=tke ani�h-sp�wflce.aw -7- Notice to 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: Justin Clay, CIP Manager City of Anna 0clavCcDa nn atexas.gov (972)924-4510 ym� a .�zoz�a 18 m 5 aary mlo ion - 8 - Notice to Bidders QUALIFICATION STATEMENT OF BIDDERS SUBMITTED TO: City of Anna Reviewed by: Date Received: Contractor: CIRCLE ONE: ❑ Sole Proprietor ❑ Partnership [Corporation ❑ Joint Venture Name: Address: ATKINR anrte rnuip eeINC' Partner: Add City: Phone: '+A16 nld Gr IA/ .tti O A Principal Place of Bus' a s: CIS �ic�fothian, TX 76065 County State ress. City: Phone: Principal Place of Business: County IF THE CONTRACTOR IS A CORPORATION, FILL OUT THE FOLLOWING: State of Incorporation: Location of Principal Of Contact Persons at Offi, PERSON EXECUTING CONTRACTS ON BEHALF OF CORPORATION: Name: NS Title: h,�U Phone: Names of Officers: (If Applicable) State Address:ATKINS BROS. EQUIP. CO.. INC. City State - Zip 3516 Old Ft. Worth Rd. List Number of Employees Working For Contractor: 3S LIST ALL EQUIPMENT TO BE USED ON THIS PROJECT: (Please U Attachment) Number of Years in Business as a General Contractor on Projects similar o is Project: TYPE(S) OF WORK DONE: ❑ Asphalt Paving 21Concrete Paving EI'Misc. Concrete fElthannei Lining (CIRCLE) -corm Sewer Earth Work ❑ Bridge Work ❑ Demolition ❑ Pump Stations ❑ Landscaping Concrete Structures nlets, ulv s, Junction Boxes Other: Comments: ERI rater & Sanitary Sewer Lines ❑ Steel Erection ❑ Painting ❑ Fog Seal ❑ Chip Seal 190 j:%deri AannM2021-118 M 5 WIdy robfion design% p m%t m-sWa 05pualifwfon slatemenLaoc - 9 - Qualification Statement CONTRACTOR QUALIFICTIONS aj( �a Provide Only Five Separate Municipal Projects: Experience shall be on Municipal Water Line Projects in the State of Texas. All projects must have been completed in the past 5-years. Project 1: (Limit description to 300-words): Project Description: Owner/Agency: Contract Price: Contact Person: Date Started: Project 2: (Limit description to 300-words): Project Description: Owner/Agency: Contract Price: Contact Person: Date Started: Project 3: (Limit description to 300-words): Project Description: Owner/Agency: Contract Price: Contact Person: Date Started: Phone: Date Completed: Phone: Date Completed: Phone: Date Completed: jAencaNnna@o21-11e sn 5 wriy redo hm aesiymsascsfts sWK 0quarrcaron state eni. dx - 10 - Qualification Statement Protect 4: (Limit description to 300-words): Project Description: Owner/Agency: Contract Price: Contact Person: Date Started: Project 5: (Limit description to 300-words): Project Description: Owner/Agency: Contract Price: Contact Person: Date Started: Phone: Date Completed: Phone: Date Completed: • Provide total number of Municipal Utility Projects that your company has completed: ejQ 15 0 0 • List total number of projects completed with City of Anna: • List all worker days lost due to job site safety and/or accidents within last 5-years: � • Provide summary of safety program and name of Safety Officer: Marl y A�4ki its (USE ATTACHMENTS IF NECESSARI) ,MWicallann2=1.118 se 5 utility relocation design\,;,xx \tecn-spec%0S qua11Gw1ion etateme,t.dm - 11 - Qualification Statement If Company is under new management, please list names of staff and qualification and/or experience of said persons. (please use attachment.) (v /04 Have you or any present Partner(s) or Officer(s) failed to complete a contract? LD If so, name of Owner and/or surety: Person: Phone: Are there any unsatisfied demands upon you as to your accounts payable? KD If so, give names, amounts, and explanations: Bank Reference: Bank:/ Address: City: Contact Person: Phone: Q-72 Municipality Reference:City: \ Contact Person: CwZt't Address: State: M[ Zip: Position: Phone: Other Credit fjpferences�� Name: J h !� �. Wft] �^ �c me: Address: Address: On C49M Phone: 1-72 Fj — �,23a1 Phone: Claims and Suits (If the answer to any of the questions is yes, please attach details): on separate sheet of paper: Are there any judgments, claims, arbitration proceedings, or suits pending or outstanding against your organization or its officers? ❑ Yes ETINO Has your organization filed any lawsuits or requested arbitration with regard to construction contracts within the last five years? ❑ Yes Ea Ko Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? ❑ Yes j:idemahanna12o21-11esh5utility ml c tiondevgnl5 "\tecRswiOSq arncahoneiatementEoc - 12- Qualification Statement In compliance with Invitation to Bid for above mentioned types of projects, the undersigned is submitting the information as required with the understanding that the purpose is only to assist in determining the qualifications for this organization to perform the type and magnitude of work designated, and further, guarantee the truth and accuracy of all statements made, and will accept your determination of qualifications without prejudice. The surety herein named, any other bonding company, bank, sub -contractor, supplier, or any other person(s), firm(s) or corporations with whom I (we) have done business, or who have extended any credit to me (us) are hereby authorized to furnish you with any information you may request concerning performance on previous work and my (our) credit standing with any of them; and I (we) hereby release any and all such parties from any legal responsibility whatsoever on account of having furnished such information to you. Signed: Title: CompanDate: .M COPY TO LOCAL UNDERWRITING OFFICE OF PROPOSED SURETY Name: *A9;[71A],A)A, to 1 1PkTMVK Phone: Address: l.apXtrf7at CY,pe City: State: 1074 i:We aPenna4^o21-11e sn 5 wry oocaron aesignls me tec s- cQ5QUahficaron Mtemem.aoc -13- Qualification Statement QUALIFICATION STATEMENT OF BIDDER'S SURETY SUBMITTED TO: City of Anna BIDDER: ADDRESS: PHONE: 1. Has this surety furnished contract bonds on contracts now complete? 2. Has this surety furnished contract bonds on contracts now incomplete? 3. What is the maximum bonding capacity of this Contractor? 4. Is the current financial information on this Contractor satisfactory? _ 5. Does information obtained indicate accounts are paid when due? If not, give details: 6. Is it your opinion that the bidder has sufficient experience and financial resources to satisfactory perform the contract? 7. Provided this bidder does not assume other commitments or that you do not acquire further information that in your opinion will materially affect the bidder's capacity to perform this contract, will you furnish the bonds as specified? REMARKS: SURETY: SIGNED: TITLE: ADDRESS: CITY: STATE: ZIP: PHONE: (IN DUPLICATE) j:Wencal\anna12021-118 sn 5 utility r ocabon design\specs\tec sp %05Qualification atatementdoc - 14 - Qualification Statement Atkins Bros. Equip. Comp., Inc. 3516 Old Fort Worth Road Midlothian, TX 76065 Atkins Current Projects Project Name Owner's Contact Person Design Engineer Contract Type of Work Status Contract Date Amount City of Boyd Name: Michael Anderson, P.E. PH.2 Utility Rehab Address: 3575 Lone Star Circle Michael I Ste. 124 Anderson, P.E. 11/2022 Utility Rehab Open $2,400,000 1 Fort Worth, TX 76177 Belcheff & Telephone:817-431-1800 Associates Email: 817-431-1800 manderson@belcheff.com Town of Argyle Name: Robert White, Public US 377 Utility Works Director Jeff Sears, P.E. 8/2022 Utility Relocations Relocations Address: 308 Denton St. E Teague Nall & Open $1,300,000 Argyle TX, 76226 Perkins Telephone:940-464-7273 940-383-4177 Email: rwhite@argyletx.com City of Joshua Name: Josh Zimmerman, JCSUD Infrastructure QC Specialist Josh Zimmerman, 10/2022 Water Line Project Open $3,600,000 Joshua Main Address: FM 740 3048 Infrastructure QC Street 16" Water Joshua, TX 76058 Specialist Line Project Telephone: 817-760-5231 JCSUD Email: 817-760-5248 Jzimmerman@1CSUD.com City of Everman Name: Brad Hearne, CDBG Water Line Program Manager Carol Shugart, P.E. Water Line Open $407,291 Improvements Address: 2501 Parkview Dr. Teague Nall & 11/2023 Improvements S. Race Street Ste. 420 Perkins Fort Worth, TX 76102 817-336-5773 Telephone: 817-850-7961 Email: bihearne@tarrantcountytx.gov City of Watauga Nam: Brad Hearne, CDBG Emerson Drive Program Manager Billy Wendland, Water Line Water Line Address: 2501 Parkview Dr. P.E. 8/2023 Improvements Closed Improvement Ste. 420 Burgess & Niple $303,578 Fort Worth, TX 76102 Inc. Telephone:817-850-7961 817-566-9460 Email: bihearne@tarrantcountytx.gov Item Year Unit # Description 1 2007 615 Caterpillar 314C LCRX 2 2008 619 Caterpillar 930H Wheel Loader 3 2006 623 Caterpillar 307C 4 2006 624 Caterpillar 307C 5 2022 625A John Deere 410L i 6 2008 627 John Deere 410J 7 2022 628A John Deere 410L Is 8. • 2022 630A John Deere 410L 9 2022 631A John Deere 410L 10 2021 634 John Deere 524P 11 2013 637 Caterpillar 336EL 12 2016 638 Komatsu PC360LC-11 13 2019 639 Caterpillar 310 Hydraulic Excavator 14 2019 640 Caterpillar 310 Hydraulic Excavator 15 2019 641 Caterpillar Compact Track Loader 16 2019 642 Caterpillar 305E2CR Mini Hydraulic Excavator 17 2022 644A Caterpillar 926M Small Wheel Loader 18 2020 645 Caterpillar 926M Small Wheel Loader 19 2020 646 Caterpillar 926M Small Wheel Loader 20 2020 647 Caterpillar 420F 4S Backhoe Loader 21 2020 Caterpillar CB1.7 Asphalt Roller i2018 Barbco Boring Machine ATKINS BROS.'EQUIP. CO., INC. P.O. Box 99.0 3516 Old Ft. Worth Rd. Midlothian", TX 76065 _J I _.1 I Bidder: Atkins Bros Equipment Co Inc Address: 3516 Old Fort Worth Road, MidlothianTX 76665 1. For this Bidder, how many contracts that are now complete has this surety famished contract bonds? 50} 2. For this Bidder, how many incomplete contracts has this surety furnished contract bonds? R 3. What is the maximum bonding capacity of this Bidder? $ $40,000 000 4. Does the current financial information on this Bidder indicate solvency and a financial ability to complete this contract? yes 5. Does the information available to this surety indicate that the contractor pays accounts when due? Yes If not, give details: REMARKS: Vrry good an. d financially strong contras or with a a r nutation Surety: —Liberty Mutual - Signed:i Title: Attorney-In-Fact - Address: 5230 Preston View Blvd Phone: 972-331-3705 Qualification Statement of Bidder QB-6 ' Atkins Bros. Equip. Comp., Inc. 3516 Old Fort Worth Road Midlothian, TX 76065 Principal/ Construction Experience Mike Atkins — CEO/ President Atkins Bros. Equip. Comp., Inc. 1983- Present B.A. Criminal Justice —Washburn University Topeka, KS 1982 Atkins Bros. Equip. Comp., Inc. - Incorporated Abilene, TX 1964 Bonding Baldwin -Cox Agency 5930 Preston View Blvd. # 200 Dallas, TX 75240 Brent Baldwin: 972-644-2688 www.baldwinagencv.com PREVAILING WAGE RATES cklericNa MZI-118 sL 5 milih mlo on dnsien ms\tm6-sDm\06 gc mm.dma -I*— PREVAILING WAGE RATES FOR MUNICIPAL CONSTRUCTION IN ANNA, TEXAS General Decision: TX20240018 Date: 01 /05/2024 Construction Types: Heavy Counties: Collin, Dallas, Denton, Ellis, Kaufman and Rockwall Counties in Texas. Rates are for Heavy — Water & Sewer Lines / Utilities (including Related Tunneling where the Tunnel is 48" or less in diameter) construction projects only. For other wage rates or for updated rates, please the Texas General Decision County Index located at https://sam.gov/content/home ,zlmcamaQ02 1-1is:e 5 unhty ml«wm mien\Weee%wn-�,awae�x -16- Prevailing Wage Rates "General Decision Number: TX20240018 01/05/2024 Superseded General Decision Number: TX20230018 State: Texas Construction Type: Heavy Counties: Collin, Dallas, Denton, Ellis, Kaufman and Rockwall Counties in Texas. Water and Sewer Lines/Utilities (Including Related Tunneling Where the Tunnel is 48"" or Less in Diameter) Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g., an option is exercised) on or after January 30, 2022: If the contract was awarded or between January 1, 2015 a January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022: Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $17.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2024. Executive Order 13658 generally applies to the contract. The contractor must pay all covered workers at least $12.90 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2024. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date j:k1efiW�aW21-118 As wdmY mdomdon doip�Vn:vKn-V«\Ws ga ma«, -17- Prevailing Wage Rates 0 01/05/2024 PLUM0IOB-002 11/01/2022 Rates Fringes Plumbers and Pipefitters......... $ 35.73 13.07 ---------------------------------------------------------------- SUTX1991-004 09/23/1991 Rates Fringes Laborers: Common ......................$ 7.25 ** Utility .....................$ 7.467 ** Pipelayer ........................$ 7.828 Power equipment operators: Backhoe.....................$ 10.804 ** Crane .......................$ 10.942 ++ Front End Loader ............ $ 9.163 *' Tunneling Machine (48"" or less) .......................$ 9.163 ++ i TRUCK DRIVER .....................$ 8.528 ** ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (ED) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the ED, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the ED is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within - the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). gmicfi wma021-1ISA 5 oway mlo on dniy\spm\V h-s W&wgc am,. -18- Prevailing Wage Rates The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUMB198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is 3uly 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 -- 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. j:hi�a=W IS. 5 �ury ml r mdni nVpca\, .a�g=mf � - 19 - Prevailing Wage Rates A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting 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 National Office because National Office has 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. END OF GENERAL DECISION" gadenw�M21-1 19 m 5 *guy min< on dnipo pecs%t f-spwt06 ge a d«, - 20 - Prevailing Wage Rates VENDORS COMPLIANCE TO STATE LAW Texas Government Code, Chapter 2252, Subchapter A provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state Contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section 4 must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident Contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. ❑ Non-resident vendors in business, are required to be _ A copy of the statute is attached. (give state), our principal place of percent lower than resident bidders by state law. ❑ Non-resident vendors in (give state), our principal place of business, are not required to underbid resident bidders. B. (Our principal place of business or corporate office is in the State of Texas. BIDDER/OFFEROR: Company: City ATKINS BROS. EQUIP. CO., INC. 3516 Old Ft. Worth Rd. State Zip Phone: g7;./77S-7,1!� By: �E Az9S (please print) Signature: , Title: /n� Wpn (please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION j:Wenc nn&=1.11905 utlM Mo Wn Cemgnbpen%Ie specl07-ven MWMPHae .E - 21 - Vendors Compliance to State Law CONFLICT OF INTEREST QUESTIONNAIRE -22- CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local OFFICEusEONLY Government Code by a person doing business with the governmental entity. Da* Ref<v�d By law this questionnaire must be filed with the records administrator of the local government 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. tJ Name of person doing business with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) a Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. ATKINS BROS. EQUIP. CO., INC. 3516 Old Ft. Worth Rd. Midlothian, TX 76065 No 6444>L -- 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. anumm a 111312006 -23- CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 Name of local government officer with whom filer has affilitation or business relationship. (Complete this section only if the answer to A, B, or Cis YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship Attach additional pages to this Form CIO as necessary. A Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? aYes F� No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? OYes O No C Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? F]Yes E-1 No ATKINS BROS. EQUIP CO INC. D. Describe each affiliation or business relationship 3516 Old Ft. Worth Rd. Midlothian, TX 76o65 'V Describe any other affiliation or business relationship that might cause a conflict of interest. Signature of person doing business with the governmental entity Cate _24- Am.nded 0111112006 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 co poration) Date Date J:k4ncaMme%2021-1+e an 5 o ity rem aWn eaelrnlepeas Wro spea\09-aTdayitdm - 25 - Affidavit Against Prohibited Acts PROPOSAL AND BID FORM j.WeHwWnot2021-119 sAs uUlity mtom6on aesignl pem\tech spedl -p&bsl.doo - 26 - Proposal and Bid Form PROPOSAL AND BID FORM Proposal of: Atkins Bros. Equip. Co., Inc. (hereinafter called 'Bidder"). Address: 3516 Old Ft. Worth Rd Midlothian. Texas 76065 To the Honorable Mayor and City Council City of Anna, Texas (hereinafter called "Owner") Deadline for Submission of Sealed Competitive Bid: Date of Sealed Bid Opening: Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of: S.H. 5 UTILITY RELOCATIONS — PHASE I 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 one hundred eighty (180) consecutive calendar days, thereafter, as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum quoted below for each calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME: The time of completion is of the essence for this project. For each day that any work shall remain uncompleted after the time specified in the proposal and the Contract Agreement, or the increased time granted by the OWNER, or as equitably increased by additional work or materials ordered after the Contract Agreement is signed, the sum per day given in the following schedule, unless otherwise specified in the special provisions, shall be deducted from the monies due the CONTRACTOR: j:Wenmhanna2021-11e sh 5 veiny r ll Lion aesienkspeos\tech-sp�110-pse:-i.aoo - 27 - Proposal and Bid Form AMOUNT OF CONTRACT Less than $25,000.00 $25,000.00 to $99,999.99 $100,000.00 to $999,999.99 More than $1,000,000.00 AMOUNT OF LIQUIDATED DAMAGES $100.00 Per Day $500.00 Per Day $500.00 Per Day $500.00 Per Day The sum of money thus deducted for such delay, failure or non -completion is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages, per day that the CONTRACTOR shall be in default after the time stipulated in the Contract Agreement for completing the work. The said amounts are fixed and agreed upon by and between OWNER and CONTRACTOR because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER in such event would sustain; and said amounts are agreed to be the amounts of damages which the OWNER would sustain and which shall be retained from the monies due, or that may become due, the CONTRACTOR under the Contract Agreement; and if said monies be insufficient to cover the amount owing, then the CONTRACTOR or its surety shall pay any additional amounts due. In the event that the actual damages incurred by the OWNER exceed the amount of liquidated damages, OWNER shall be entitled to recover its actual damages. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with the Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of one hundred eighty (180) 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. ]1dedwl%nna@021-118sb5 utility mlontion deslgnlsspeoslterh.speoVop&bs-1.doc -28- Proposal and Bid Form 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. jadericsnannM2o21-11esb5utility relocationaesfgnlspemstets-specv6pdns.-7.aoe -29- Proposal and Bid Form City of Anna, Texas S.H. 5 UTILITY RELOCATIONS - PHASE I BID SCHEDULE Item Estimated I Price in Extended No. I Quantity I Unit Description and Price in Words Figures I Amount 1 1 L.S. Mobilization, Bonds and Insurance complete in place, the sum of _ Fifty Thousand and No Cents per Lump Sum 2 56 STA. Clearing and Grubbing complete in place, the sum of _ Two Hundred $ 50,000.00 1 $ 50,000.00 $ 200.00 1 $ 11,200.00 Furnish & Install 12-inch PVC Water Line by Open 3 2,254 L.F. Cut w/ Class 'B" Embedment ' complete in place, the sum of One Hundred Seventy -Five $ 175.00 $ 394,450.00 Dollars and No Cents per Linear Foot Furnish & Install 12-inch PVC Water Line by Other 4 * 118 L.F. Than Open Cut w/ 18-inch Steel Encasement complete in place, the sum of $ 375.00 $ 44,250.00 Three Hundred Seventy -Five Dollars and No Cents per Linear Foot Furnish & Install 12-inch Fused Joint HDPE Water 5 245 L.F. Line by Other Than Open Cut complete in place, the sum of Two Hundred Thirty -One $ 231.00 $ 56,595.00 Dollars and No Cents per Linear Foot Furnish & Install 12-inch PVC Water Line by Open 6 20 L.F. Cut w/ Class "G" Embedment complete in place, the sum of _ One Hundred Ninety -Five $ 195.00 $ 3,900.00 Dollars and No Cents per Linear Foot PBS-29 Addendum No. 3 Item Estimated Price in Extended 11 No. I Quantity I Unit Description and Price in Words Figures I Amount Furnish & Install 8-inch PVC Water Line by Open 7 2,316 L.F. Cut w/ Class "B" Embedment complete in place, the sum of Ninety -Five $ 95.00 $ 220,020.00 Dollars and No Cents per Linear Foot Furnish & Install 6-inch PVC Water Line by Open 8 68 L.F. Cut w/ Class 'B" Embedment complete in place, the sum of Ninety -Two $ 92.00 $ 6,256.00 Dollars and No Cents per Linear Foot 9 * 6 r. Furnish & Install 12-inch R.S. Gate Valve complete in place, the sum of Forty -Two Hundred $ 4,200.00 $ 25,200.00 10 * 10 Ea. Furnish & Install 8-inch R.S. Gate Valve complete in place, the sum of Twenty -Two Hundred $ 2,200.00 $ 22,000.00 Dollars and No Cents per Each Furnish & Install Fire Hydrant Assembly including 11 * 7 Ea. 6-inch R.S. Gate Valve complete in place, the sum of Seven Thousand $ 7,000.00 $ 49,000.00 Dollars and No Cents per Each 12 2 Ea. Remove and Salvage (to City) Fire Hydrant complete in place, the sum of Two Hundred $ 200.00 $ 400.00 Dollars and No Cents per Each 13 * 2 Ea. Furnish & Install 6-inch blow -off assembly complete in place, the sum of Forty -Nine Hundred $ 4,900.00 $ 9,800.00 Dollars and No Cents per Each PBS-30 Addendum No. 3 Item Estimated Price in Extended No. I Quantity I Unit Description and Price in Words Figures I Amount Furnish & Install 2-inch air-release/vacuum valve 14 * 2 Ea. assembly complete in place, the sum of Thirty -Nine Hundred $ 3,900.00 $ 7,800.00 Dollars and No Cents per FALSE 15 34 Ea. Transfer Existing Water Service Connection complete in place, the sum of One Hundred Fifty $ 150.00 $ 5,100.00 Dollars and No Cents per Each 16 11 Ea. Connect to Existing Water Line complete in place, the sum of Forty -Five Hundred $ 4,500.00 $ 49,500.00 Dollars and No Cents per Each 17 6 Ea. Cut, plug and abandon existing water line complete in place, the sum of One Thousand $ 1,000.00 $ 6,000.00 Dollars and No Cents per Each Furnish & install 12-inch PVC Sanitary Sewer Line 18 230 L.F. by Open Cut w/ Class "H" Embedment complete in place, the sum of One Hundred Seventy -Five $ 175.00 $ 40,250.00 Dollars and No Cents per Linear Foot Furnish & Install 12-inch fused joint HDPE Sanitary Sewer Line by Other Than Open Cut w/18- 19 * 160 L.F. inch Steel Encasement complete in place, the sum of $ 210.00 $ 33,600.00 Two Hundred Ten Dollars and No Cents per Linear Foot Furnish & Install 8-inch PVC Sanitary Sewer Line 20 685 L.F. by Open Cut w/ Class "H" Embedment complete in place, the sum of One Hundred Ninety -Five $ 195.00 $ 133,575.00 Dollars and No Cents per Linear Foot PBS-31 Addendum No. 3 Item I Estimated Price in Extended No. Quantity I Unit Description and Price in Words Figures I Amount 21 *1 81 Fumish & Install 4-foot Corrosion Resistant Ea. Manholes complete in place, the sum of EiehtThousand $ 8,000.00 1 $ 64,000.00 22 7 Ea. Transfer Existing Sewer Service Connection complete in place, the sum of Three Hundred $ 300.00 $ 2,100.00 Dollars and No Cents per Each 23 1 Ea. Connect to Existing Sewer Manhole complete in place, the sum of One Thousand $ 1,000.00 $ 1,000.00 Dollars and No Cents per Each 24 1 Ea. Abandon Existing Manholes complete in place, the sum of Five Hundred $ 500.00 $ 500.00 Dollars and No Cents per Each 25 1 L.S. By-pass Pumping complete in place, the sum of Twenty Five Thousand $ 25,000.00 $ 25,000.00 Dollars and No Cents per Lump Sum Cut, Plug and Abandon Existing Sanitary Sewer 26 2 Ea. Line complete in place, the sum of Five Hundred S 500.00 $ 1,000.00 Dollars and No Cents per Each Remove 24-inch CMP and Replace with 24-inch 27 * 24 L.F. RCP complete in place, the sum of One Hundred S 100.00 S 2,400.00 Dollars and No Cents per Linear Foot PBS-32 Addendum No.3 Item Estimated Price in Extended No. I Quantity I Unit Description and Price in Words Figures I Amount 28 17 S.Y. Furnish & Install Cement Stabilized Backfill complete in place, the sum of Fifty $ 50.00 $ 850.00 Dollars and No Cents per Square Yard 29 * 95 S.Y. Remove and Replace Concrete Driveway complete in place, the sum of One Hundred Fifty $ 150.00 $ 14,250.00 Dollars and No Cents per Square Yard 30 163 S.Y. Remove and Replace Gravel Driveway complete in place, the sum of Sixty $ 60.00 $ 9,780.00 Dollars and No Cents per Square Yard 31 163 S.Y. Remove and Replace Asphalt Pavement complete in place, the sum of One Hundred Thirty -Five $ 135.00 $ 22,005.00 Dollars and No Cents per Square Yard 32 50 L.F. Remove and Replace Wood Fence complete in place, the sum of sixty $ 60.00 $ 3,000.00 Dollars and No Cents per Linear Foot 33 46 L.F. Remove and Replace Barb Wire Fence complete in place, the sum of Ten $ 10.00 $ 460.00 Dollars Cents per Linear Foot 34 * 24 L.F. Remove and Replace Concrete Wall complete in place, the sum of Two Hundred $ 200.00 $ 4,800.00 Dollars and No Cents ner Linear Foot PBS-33 Addendum No. 3 Item Estimated Price in Extended No. Quantity Unit Description and Price in Words Figures Amount 35 3 Ea. Remove and Replace Wood Steps complete in place, the sum of One Hundred Fifty $ 150.00 $ 450.00 Dollars and No Cents per Each - 36 * 10 L.F. Remove and Replace Concrete Curb complete in place, the sum of Seventy $ 70.00 $ 700.00 Dollars and No Cents per Linear Foot 37 12,384 S.Y. Furnish, Install and Maintain Hydromulch Seeding complete in place, the sum of No $ 0.50 $ 6,192.00 Dollars Cents per Square Yard 38 I L.S. Furnish Trench Safety Plan complete in place, the sum of Five Hundred $ 500.00 $ 500.00 Dollars and No Cents per Lump Sum 39 5,573 L.F. Implement Trench Safety Systems complete in place, the sum of One $ 1.00 $ 5,573.00 Dollars and No Cents per Linear Foot — 40 1 L.S. Furnish Erosion Control Plan _ complete in place, the sum of One Thousand $ 1,000.00 $ 1,000.00 Dollars and No Cents per Lump Sum Furnish, Install and Maintain Erosion Control 41 1 L.S. Measures complete in place, the sum of - Fifteen Hundred $ 1,500.00 $ 1,500.00 Dollars and No ' Cents per Lump Sum PBS-34 Addendum No. 3 Item Estimated Price in Extended No. I Quantity I Unit Description and Price in Words Figures Amount 42 1 L.S. Fumish Traffic Control Plan complete in place, the sum of One Thousand $ 1,000.00 $ 1,000.00 Dollars and No Cents per Lump Sum Furnish, Install, Maintain and Remove Traffic 43 1 L.S. Control Measures complete in place, the sum of Twenty -Five Hundred $ 2,500.00 $ 2,500.00 Dollars and No Cents per Lump Sum Furnish and Install 8" PVC Water Line by Other 44 18 L.F. Than Open Cut complete in place, the sum of Two Hundred Seventy -Five $ 275.00 $ 4,950.00 Dollars and No Cents per Linear Foot 45 1 Ea. Project Sign complete in place, the sum of One Thousand $ 1,000.00 $ 1,000.00 Dollars and No Cents per Each TOTAL AMOUNT BID (Items 1 Through 45) $1,345,406.00 11 * Buy American compliance document will be required for the items marked "*" in accordance with TxDOT/FHWA Regulations. TxDOT Form 1818 and associated Mill Test Reports shall be submitted for each item. PBS-35 Addendum No. 3 BID PROPOSAL FOR S.H. 5 UTILITY RELOCATIONS — PHASE I Recapitulations 7rr TOTAL BID: $ I J4-) 46l� Notice of award will be mailed to the undersigned at the following addresses: Contractor BROS. EQUIP. CO., INC. By: 1�/� -IK -f&(S 3516 Old Ft. Worth Rd. Midlothian, TX 76065 Principal Place of Business (Corp. Seal if Bidder is Corporation) Attest: 1. Secretary: �_ ✓ M&k {�S Acknowledgment is hereby made of receipt of the following Addenda, if any: No. Date: No. Date: No. Date: List Subcontracts (Company name, contact number and type of work): c-wsers\sneuy\dowMoedsNz-Paosd.doc - 36 - Proposal and Bid Form REQUEST FOR CERTIFICATE OF EXEMPTION FROM TEXAS LIMITED SALES, EXCISE AND USE TAX Date: A " aZ - x4 TO: City of Anna, Texas Municipal Building 120 W. 711 Street Anna, TX 75409 RE. S.H. 5 UTILITY RELOCATIONS — PHASE I The undersigned Contractor hereby requests a Certificate of Exemption from the Texas Limited Sales, Excise and Use Tax in the amount off QAACP.P/�dlup. 6ul�y ($ ), which is an ambunt not exceeding th6 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. ATKINS BROS. EQUIP. CO., INC. 3516 Old Ft. Worth Rd. MGVfflffiyTX 76065 By: W JCAfK'4L6 (please print) Signature: TKINS BROS. EQUIP.CO,., INC. /1,Z Title: Midlothian, TX 76065 (Seal if a Corporation) Address ity, County, State and Zip q72-J?7'; -IkA- Telephone Fax ckusers%shelJyWowMoaaskl 2-pfts-3doe - 37 - Proposal and Bid Form CONTRACT AGREEMENT THIS S.H. 5 UTILITY RELOCATIONS — PAHSE I Contract (hereinafter this "Contract Agreement") entered into this 12t' day of March. 2024 by and between the CITY OF ANNA, TEXAS, a Texas municipal corporation, ("City") and Atkins Bros. Equip. Co., Inc. ("Contractor"), located at 3516 Old Ft. Worth Road, Midlothian, Texas 76065. WITNESSETH: WHEREAS, the City wishes to contract for the project identified as S.H. 5 Utility Relocations — Phase I (the "Project"); and WHEREAS, the Project shall include all work and activities necessary to complete the following scope of work (hereinafter referenced as "Work"): S.H. 5 UTILITY RELOCATIONS — PHASE I 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; NOW, THEREFORE, for and in consideration of these premises, of the mutual covenants herein set forth, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: Section 1. DOCUMENTS INCORPORATED BY REFERENCE This Contract Agreement includes the recitals set forth above and the following documents: Invitation to Bid; Notice to Bidders; Qualification Statement of Bidders; Qualification Statement of Bidder's Surety; Prevailing Wage Rates for Municipal Construction in Anna, Texas; Vendors Compliance to State Law; Conflicts of Interest Questionnaire; Affidavit Against Prohibited Acts; _ Proposal and Bid Form; Request for Certificate of Exemption from Texas Limited Sales, Excise and Use Tax; Contract Agreement; Bidders Bond; Performance Bond; Payment Bond; Maintenance Bond; Certificate of Insurance; j1dericallenna12021-118sh6uUIRyrmlowtiondes1gnlspecslcontmctdowmenls113-agreement.doe CA-1 Contract Agreement Notice to Proceed; Any executed Change Orders; Supplementary General Provisions and Technical Specifications; and, Plans, Specifications and Drawings and all other documents made available to bidder for his inspection in accordance with Invitation to Bid,' all of which are hereby incorporated herein by reference, whether or not attached hereto, and made a part hereof (hereinafter along with this Contract Agreement and referenced collectively as the "Contract" or "Contract Documents"). Change Orders issued hereafter, Construction Change Directives, a Direction for a Minor Modification in the Work issued by the City, and any other amendments executed by the City and the Contractor, shall become and be a part of the Contract Documents. Documents not included or expressly contemplated in this Section 1 do not, and shall not, form any part of the Contract. The Contract Documents are intended to be complementary, and a requirement in one document shall be deemed to be required in all documents. However, in the event of any conflict between any of the above -listed documents and this Contract Agreement, this Contract Agreement shall control. Section 2. REPRESENTATIONS OF THE CONTRACTOR In order to induce the City to execute the Contract and recognizing that the City is relying thereon, the Contractor, by executing the Contract, makes the following express representations to the City: 2.01 The Contractor is fully qualified to act as the general contractor for the Project and has, and shall maintain, any and all licenses, permits or other authorizations necessary to act as the general contractor for, and to construct the Project; 2.02 The Contractor has become familiar with the Project site and the local conditions under which the Project is to be constructed and operated; 2.03 The Contractor has received, reviewed and examined all of the documents which make up the Contract, including, but not limited to all plans and specifications, and has found them to the best of its knowledge, to be complete, accurate, adequate, consistent, coordinated and sufficient for construction. Section 3. INTENT AND INTERPRETATION With respect to the intent and interpretation of the Contract, the City and the Contractor agree as follows: 3.01 This Contract Agreement (along with its exhibits and other documents expressly referenced in Section 1, above), together with the Contractor's and Surety's bid/proposal bond, performance and payment bonds, and maintenance bonds for the Project constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements. ' 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. j9clericallanna=21-118 sh 5 utility mlocation desigMspemxcor rad documentsbt&agreementdoe CA-2 Contract Agreement 3.02 Anything that may be required, implied or reasonably inferred by the documents which make up the Contract, or any one or more of them, shall be provided by the Contractor with no increase to the Contract Price; 3.03 Nothing contained in the Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the City and any person except the Contractor; 3.04 When a word, term, or phrase is used in the Contract, it shall be interpreted or construed first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage; 3.05 Wherever the Contract calls for "strict" compliance or conformance with the Contract Documents as to matters —other than compliance with time limits, providing an updated schedule, and claim and change order procedures —the term shall mean within tolerances as described specifically in the Contract Documents, or if not specifically described, within industry standards and tolerances for deviation for the specific item or procedure in question; 3.06 The words "include", "includes", or "including", as used in the Contract, shall be deemed to be followed by the phrase, "without limitation'; 3.07 The listing herein of any items as constituting a material breach of the Contract shall not imply that any other, non listed item will not constitute a material breach of the Contract; 3.08 The Contractor shall have a continuing duty to read, examine, review, compare and contrast each of the documents which make up the Contract, shop drawings, and other submittals and shall give written notice to the City of any conflict, ambiguity, error or omission which the Contractor may find with respect to these documents, before proceeding with the associated part of the Work. The express or implied approval by the City or its designee of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with the Contract. If the Contractor performs any activity knowing it involves an error, inconsistency or omission which was recognized, obvious, or reasonably should have been recognized, without such notice to the City, the Contractor shall assume responsibility for such performance and shall bear the costs for correction; 3.09 In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up the Contract, the following shall control: (1) as between this Contract Agreement and any other document, this document shall govern; or, (2) in the case of any conflict, discrepancy or inconsistency among any of the other Contract Documents, and such conflict is not resolved by reference to the Supplementary General Provisions and Technical Specifications, then the Contractor shall notify the City immediately upon discovery of same for resolution. jAcledmMnnaM21-113 sh 5 utility relocation design\spemswntrect documents113-agreementdoc CA-3 Contract Agreement 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 Completion (as defined herein below) of the Project not more than one hundred eighty (180) calendar days following the issuance of the Notice to Proceed, (sometimes hereinafter referred to as the "Contract Time"). This Contract Time includes Ten (10) 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 The Contractor shall pay the City the sum of $500 per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion. 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 j1GeriwRanna12021-118sh5u61itym1ambondesign\specskontraetdoeuments%13.agmement.doe CA-4 Contract Agreement compliance with the Contract such that the City or its designee can enjoy beneficial use or occupancy and can legally occupy, use or operate it in all respects, for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion. 5.04 All limitations of time set forth herein are material and are of the essence of the Contract. 5.05 Contractor agrees to punctually and diligently perform all parts of the Work at the time scheduled in this Contract Agreement. In this connection, Contractor agrees that it will keep itself continually informed of the progress of the job and will, upon its own initiative, confer with the City so as to plan its Work in coordinated sequence with the work of the City, if any, and of others and so as to be able to expeditiously undertake and perform its work at the time most beneficial to the entire Project. The Contractor will be liable for any loss, costs, or damages sustained by the City for delays in performing the Work hereunder, other than for excusable delays, as set forth in 5.06 below, for which Contractor may be granted a reasonable extension of time. 5.06 If the Contractor is delayed at any time in the progress of the Work by any separate contractor employed by the City, or by changes in the Work, or by labor disputes, fire, unusual delay in transportation, unusually severe weather conditions, unavoidable casualties, delays specifically authorized by the City, or by causes beyond the Contractor's control, avoidance, or mitigation, and without the fault or negligence of the Contractor and/or subcontractor or supplier at any tier, then the contract time shall be extended by Change Order for such reasonable time, if any, as the City may determine that such event has delayed the progress of the Work, or overall completion of the Work if the Contractor complies with the notice and documentation requirements set forth below. (1) If the Contractor is delayed, obstructed, hindered or interrupted for a period of time exceeding seven calendar days by any act or neglect of the City, an adjustment shall be made for any increase in the direct cost of performance of this contract (excluding profit, extended home office overhead, incidental or consequential damages or disruption damages) and the Contract modified in writing accordingly. The Contractor must assert its right under this section by giving written notice to the City Manager within 10 calendar days of the beginning of a delay, obstruction, hindrance or interruption by the City. No adjustment shall be made for any delay, obstruction, hindrance or interruption after final payment under this contract or to the extent that performance would have been so delayed, obstructed, hindered or interrupted by any other cause, including, but not limited to concurrent cause or fault or negligence of the Contractor, or for which an 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 i.cIeri=Mnna=21-118 sh 5 Wility relocation desigMspecslmnhad dowments\18-agreementdoc CA-5 Contract Agreement reasonably requested by the City to demonstrate a delay in the progress of the Work or the overall project completion. If the Contractor does not comply with the above notice and documentation requirements, the claim for the delay shall be waived by the Contractor. The above notice and documentation requirements shall also be a condition precedent to the Contractor's entitlement to any extension of time. (4) Extensions of time will be the contractor's primary remedy for any and all delays, obstructions, hindrances, or interference. Payment or compensation, for direct costs only (as set forth above), may be made to the Contractor for hindrances or delays solely caused by the City if such delays or hindrances are within the City's ability to control and are not partially caused by the Contractor or any of its agents, subcontractors or others for whom it is responsible. No payment or compensation will be made for interference, obstructions, hindrances or delays which are not solely caused by the City and which the City fails to cure after a reasonable period after written notice. (5) Without limitation, the City's exercise of its rights under provisions related to changes to the Work, regardless of the extent or number of such changes, or the City's exercise of any of its remedies or any requirement to correct or re -execute defective Work, shall not under any circumstances be construed as delays, hindrances or interference compensable further than as described herein. Section 6. FIXED PRICE AND CONTRACT PAYMENTS 6.01 The City shall pay, and the Contractor shall accept, as full and complete payment for the Contractor's timely performance of its obligations hereunder the fixed price of $1,345,406.00. 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. 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 101h 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. j.\clencallenna12021-118 s 5utility mlc ion CesigMspecsl ntrect dacumenlsV 3-egreem,,N J. CA-6 Contract Agreement (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 work. (3) Each Payment Request shall be signed by the Contractor and shall constitute the Contractor's representation that the quantity of Work has reached the level for which payment is requested, that the Work has been properly installed or performed in strict compliance with the Contract, and that the Contractor knows of no reason why payment should not be made as requested. (4) Thereafter, the City shall review the Payment Request and may also review the Work at the Project site or elsewhere to determine whether the quantity and quality of the work is as represented in the Payment Request and is as required by the Contract. The amount of each such payment shall be the amount approved for payment by the City less such amounts, if any, otherwise owing by the Contractor to the City or which the City shall have the right to withhold as authorized by the Contract, subject to approval by the City. Approval of the Contractor's Payment Requests shall not preclude the City from the exercise of any of its rights as set forth in 6.06 herein below. (5) The submission by the Contractor of a Payment Request also constitutes an affirmative representation and warranty that all work for which the City has previously paid is free and clear of any lien, claim, or other encumbrance of any person whatsoever. As a condition precedent to payment, the Contractor shall, if required by the City, also furnish to the City properly executed waivers of lien or claim, in a form acceptable to the City, from all subcontractors, materialmen, suppliers or others having lien or claim rights, wherein said subcontractors, materialmen, suppliers or others having lien or claim rights, shall acknowledge receipt of all sums due pursuant to all prior Payment Requests and waive and relinquish any liens, lien rights or other claims relating to the Project site. Furthermore, the Contractor warrants and represents that, upon payment of the Payment Request submitted, title to all work included in such payment shall be vested in the City. 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: j9clenwlianna=21-118 sh 5 utility relocation designlspecslcontract documenlsil B gmement.doc CA-7 Contract Agreement (1) The quality of a portion, or all, of the Contractor's work not being in accordance with the requirements of the Contract; (2) The quantity of the Contractor's work not being as represented in the Contractor's Payment Request, or otherwise; (3) The Contractor's rate of progress being such that, in the opinion of the City, Substantial Completion may be inexcusably delayed; (4) The Contractor's failure to use Contract funds, previously paid the Contractor by the City, to pay Contractor's Project -related obligations including, but not limited to, subcontractors, laborers and material and equipment suppliers; (5) Claims made, or likely to be made, against the City or its property for which the Contractor or its agents or subcontractors or others for whom it is responsible are, or reasonably appear to be at fault; (6) Loss caused by the Contractor; (7) The Contractor's failure or refusal to perform any of its obligations to the City, after written notice and a reasonable opportunity to cure as set forth above. In the event that the City makes written demand upon the Contractor for amounts previously paid by the City as contemplated in this Section 6.05, the Contractor shall promptly comply with such demand. The City's rights hereunder survive the term of this Contract Agreement, are not waived by final payment and/or acceptance, and are in addition to Contractor's obligations elsewhere herein. 6.06 When the Contractor believes that Substantial Completion has been achieved, the Contractor shall notify the City in writing and shall furnish a listing of those matters, if any, yet to be finished. The City will thereupon conduct a site review to confirm that the Project is in fact 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 &1edoallenna2021-118 sh 5 utility relocation designkpecswn"ddocuments\13.agreement.doc CA-8 Contract Agreement Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to the Contract. If the City is unable to issue its final Approval for Payment and is required to repeat its final review of the Project, the Contractor shall bear the cost of such repeat review(s), which costs may be deducted by the City from the Contractor's final payment; 6.08 The City shall, subject to its rights set forth in Section 6.06 above and elsewhere in the Contract, endeavor to make final payment of all sums due the Contractor within 30 calendar days of the final Approval for Payment, with the exception of items in dispute or concerning which the City has exercised any of its rights to investigate or remove. Section 7. INFORMATION AND MATERIAL SUPPLIED BY THE CITY 7.01 The City has furnished to the Contractor, prior to the execution of this Contract Agreement, all written and tangible material in its possession relevant to the conditions at the site of the Project. Such written and tangible material has been furnished to the Contractor only in order to make complete disclosure of such material as being in the possession of the City and for no other purpose. By furnishing such material, the City does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all. 7.02 Differing site conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the City in writing of: (1) subsurface or latent physical conditions at the site differing materially from those indicated in the contract, or (2) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract. The City shall investigate the conditions, and if it finds that such conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work under the Contract, whether or not changed as a result of such 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. j9cleriwlWnna=21-118 sh 5 utility mlocation design\spemscontract dowments\1&agreementdoe CA-9 Contract Agreement 8.02 The provisions of this section shall be in addition to the City's ability to remove portions of the Work from the Contract and complete it separately. Section 9. CONTRACTOR'S DUTIES, OBLIGATIONS AND RESPONSIBILITIES In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in the Contract Documents, the Contractor shall have and perform the following duties, obligations and responsibilities to the City: 9.01 Reference is hereby made to the continuing duties set forth in Section 3.08 above, which are by reference hereby incorporated in this Section 9.01. The Contractor shall not perform work without adequate plans and specifications, or without, as appropriate, approved shop drawings, or other submittals. If the Contractor performs work knowing or believing, or if through exercise of reasonable diligence it should have known that such work involves an error, inconsistency or omission in the Contract without first providing written notice to the City, the Contractor shall be responsible for such work and shall correct same bearing the costs set forth in Section 3.08 above. 9.02 All work shall strictly conform to the requirements of the Contract. To that end, the Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work, unless otherwise specified in the Contract Documents; 9.03 The work shall be strictly supervised, the Contractor bearing full responsibility for any and all acts, errors or omissions of those engaged in the work on behalf of the Contractor, including, but not limited to, all subcontractors and their employees. The Contractor shall maintain an on - site superintendent while any portion of the Work is being performed. The Contractor shall operate exclusively in the capacity of the City's independent contractor as to all work it performs under the Contract, and not as an agent, employee, or representative of the City; 9.04 The Contractor hereby warrants that all laborers furnished under the Contract shall be qualified and competent to perform the tasks undertaken, that the product of such labor shall yield only first-class results, that all materials and equipment provided shall be new (unless otherwise specified) and of high quality, that the completed work will be complete, of high quality, without defects, and that all work strictly complies with the requirements of the Contract. Any work not strictly complying with the requirements of this the Contract shall constitute a breach of the Contractor's warranty. 9.05 The Contractor will be responsible for acquiring all required permit(s)—except as specifically stated in Section 22.01 below —and calling for all required or routine inspections. The Contractor will cooperate with and abide by the decision of inspectors having jurisdiction. Should the Contractor have a dispute with any inspector or entity having jurisdiction, the Contractor shall promptly notify the City Manager or the City Manager's designee. The Contractor shall comply with all legal requirements applicable to the work 9.06 The Contractor shall employ and maintain at the Project site only competent, qualified full time supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are as follows: 1.1Genwllennat2021-118 sh 5 utility mlow6on designlspewlwntr ddo mentsX13-ageemenLdw CA-10 Contract Agreement NAME Ricky Hooper FUNCTION Superintendent Pit "SJaV"Uc-K Neape r dAw 0/ marl( Mandy AtkA s Safety Officer If at any time the City reasonably determines that any employee of the Contractor is not properly performing the Work in the best interest of the City or the Project, or is hindering the progress of the Work, or is otherwise objectionable, the City shall so notify the Contractor, which shall replace the employee as soon as possible, at no increased cost to the City. 9.07 The Contractor must submit to the City the Contractor's schedule for completing the work prior to submittal of the first application for payment. The City will not review any payment request until such schedule has been submitted and approved. Such schedule shall be in a form as specified in the Contract or which shall have been approved by the City Manager or the City Manager's designee, and which shall provide for expeditious and practicable construction of the Project. The Contractor's schedule shall be updated no less frequently than monthly (unless the parties otherwise agree in writing) and shall be updated to reflect conditions encountered from time to time and shall apply to the total project. Each such revision shall be furnished to the City. Strict compliance with the requirements of this Section 9.07 shall be a condition precedent to payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of the Contract. 9.08 The Contractor shall keep an updated copy of the Contract Documents at the site. Additionally, the Contractor shall keep a copy of approved shop drawings and other submittals. All of these items shall be available to the City during all regular business hours. 9.09 Shop drawings and other such submittals from the Contractor do not constitute a part of the Contract. The Contractor shall not do any work requiring shop drawings or other submittals unless such shall have been approved in writing by the City or as required by the Contract Documents. All work requiring approved shop drawings or other submittals shall be done in strict compliance with such approved documents or Contract requirements. However, approval by the City shall not be evidence that 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 j kler"rannM2021-118 sn 5 way mb iwtl sgn4pecsYantract tlourme Wl3- greement dm CA-11 Contract Agreement Project site of all debris, trash and excess materials or equipment. If the Contractor fails to do so, the City may complete the cleanup, by its own forces or by separate contract, and shall be entitled to charge the Contractor for same through the collection or withholding of funds through the mechanisms provided elsewhere in this Contract Agreement; 9.11 At all times relevant to the Contract, the Contractor shall permit the City and its consultants to enter upon the Project site and any offsite lay down areas, safety permitting, and to review or inspect the work and any materials on any such site, without formality or other procedure. 9.12 The Contractor recognizes that the City may enter into other contracts to perform work relating to the Project, or to complete portions of the Work itself. The Contractor shall ensure that its forces reasonably accommodate the forces of the City and other contractors hired by the City. The Contractor shall coordinate its schedule with the work of other contractors. If the Contractor claims that delay or damage results from these actions of the City, it shall promptly submit a claim as provided herein. 9.13 Protection of persons and property. (1) It shall be the responsibility of the Contractor to initiate, continue and supervise all safety programs and precautions in the performance of the terms of the Contract. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to its employees, subcontractors' employees, employees of the City and members of the public, the Work itself and 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 jaclericaltannat2021-118sh5utility relo tiondesignlspecsicontr,;tdwumentM13-agreemerLdOC CA-12 Contract Agreement 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 breach upon which city may immeaiateiV terminate or suspena tins contract Agreement. Section 11. CLAIMS BY THE CONTRACTOR Claims by the Contractor against the City, other than for time extensions covered by Section 6 hereof, are subject to the following terms and conditions: 11.01 All Contractor claims against the City shall be initiated by a written claim submitted to the City. - Notice of such claim shall be received by the City no later than either 10 calendar days after the event, or 10 calendar days after the first appearance of the circumstances causing the claim, whichever is sooner, and same shall set forth in detail all known facts and circumstances supporting the claim. Final costs associated with any claim upon which notice has been filed must be submitted in writing to the City within 30 calendar days after notice has been received; 11.02 The Contractor and the City shall continue their performance hereunder regardless of the existence of any claims submitted by the Contractor including claims set forth in Section 6 hereof; 11.03 In the event the Contractor discovers previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographical location of the Project, the Contract Price may, with the approval of the City, be modified, either upward or downward, upon the written notice of claim made by either party within 10 calendar days after the first appearance to such party of the circumstances. Final costs must be submitted within 30 calendar days after such notice is received by the City, - unless extended by written agreement of the parties. As a condition precedent to the City having jlclerieeltannet2021-118sh5utility relorationdesigMspecswntraodocumentsX13-egreementdoc CA-13 Contract Agreement any liability to the Contractor due to concealed and unknown conditions, the Contractor must - give the City written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by the Contractor to give the written notice and make the claim as provided by this Section 11.03 and as required elsewhere under the Contract shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown condition; 11.04 In the event the Contractor seeks to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the City therefor, unless emergency conditions exist, the Contractor shall strictly comply with the requirements of Section 11.01 above and such claim shall be made by the Contractor before proceeding to execute any work for which a claim is made. Failure to comply with this condition precedent shall constitute a waiver by the Contractor of any claim for additional compensation; 11.05 In connection with any claim by the Contractor against the City that would result in compensation in excess of the Contract Price, any liability of the City for the Contractor's cost in this regard shall be limited to those cost categories set forth in Section 13.07 below. Section 12. SUBCONTRACTORS 12.01 Prior to execution of the Contract, the Contractor shall have identified to the City in writing, those parties required to be listed on the proposal form as subcontractors on the Project. Any changes to this list at any time shall be subject to the prior approval of the City. The City shall, in writing, state any objections the City may have to one or more of such subcontractors. The Contractor shall not enter into a subcontract with an intended subcontractor to whom the City objects. If at any time the City objects to a subcontractor, the Contractor shall solicit proposals from potential replacements and shall submit the three lowest proposals to the City, along with the Contractor's proposed choice as replacement. If the approved replacement subcontractor's cost is verified to be higher than the removed subcontractor, the excess shall be added to the Contract Price, unless the subcontractor in question has to be removed due to a default, or deficient performance. If the approved replacement subcontractor's cost is lower than the removed subcontractor, the difference shall be deducted from the Contract Price. Subcontractor markups shall be limited to those listed in Section 13.07 below. All subcontracts shall afford the Contractor rights against the subcontractor which correspond to those rights afforded to the City against the Contractor herein, including those rights of Contract termination as set forth herein below. 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. 1:Wericallanna12021-118 sh 5 utility ml=tion designlspemkwntrddowments\13egmementdm CA-14 Contract Agreement N Section 13. CHANGE ORDERS 13.01 The City Manager or the City Manager's express designee shall be the sole authorized representative of the City. Other than in matters of public safety or in time of emergency management, the Contractor shall not take direction or act upon information from any City personnel other than the City Manager's expressly authorized designee(s). 13.02 One or more changes to the work within the general scope of the Contract may be ordered by Change Order. The City may also issue written directions for minor changes in the Work and may issue Construction Change Directives, as set forth below. The Contractor shall proceed with any such changes or Construction Change Directives without delay and in a diligent manner, and same shall be accomplished in strict accordance with the following terms and conditions: 13.03 Change Order shall mean a written order directed to the Contractor executed by the City after execution of the Contract, directing a change in the work. A Change Order may include a change in the Contract Price, (other than a change attributable to damages for delay as provided in Section 6 hereof), or the time for the Contractor's performance, or any combination thereof. Where there is a lack of total agreement on the terms of a Change Order or insufficient time to execute a bilateral change, the City may also direct a change in the Work in the form of a Construction Change Directive, which will set forth the change in the Work and the change, if any, in the Contract Price or time for performance, for subsequent inclusion in a Change Order; Construction Change Directives shall include a not -to -exceed preliminary price, against which the Contractor may begin billing (subject to the requirements for pay applications elsewhere herein) as the work is performed. (1) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the City, with any proposal for a contract modification. (2) The price breakdown (a) must include sufficient detail to permit an analysis of all costs for material, labor, equipment and subcontracts, and (b) must cover all work involved in the modification, whether the work was deleted, added or changed. (3) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts. (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 jdcllednRanna=21-118 sh 5 utility relocation designlspecs ntraddocuments\1&agreementdoc CA-15 Contract Agreement incurred or savings achieved, resulting from revisions in the work. Such reasonable actual costs or savings shall include a component for direct job site overhead and profit but shall not include home -office overhead or other indirect costs or components. The calculation of actual costs shall conform to the markup schedule in Section 13.07 below. Any such costs or savings shall be documented in the format, and with such content and detail as the City requires. The Contractor shall promptly submit such documentation and other supporting materials as the City may require in evaluating the actual costs incurred or to be incurred. 13.05 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the work, the Contract as thus amended, the Contract Price and the time for performance by the Contractor, regardless of the nature, amount, or extent of the changes. The Contractor, by executing the Change Order, waives and forever releases any claim against the City for additional time or compensation for matters relating to, arising out of or resulting from the work included within or affected by the executed Change Order of which the Contractor knew or should have known. 13.06 The Contractor shall notify and obtain the consent and approval of the Contractor's surety with reference to all Change Orders if such notice, consent or approval are required by the City, the Contractor's surety or by law. The Contractor's execution of the Change order shall constitute the Contractor's warranty to the City that the surety has been notified of, and consents to, such Change Order and the surety shall be conclusively deemed to have been notified of such Change Order and to have expressly consented thereto. 13.07 For the purpose of Change Orders, the following definitions of terms and other restrictions apply: Contractor's or Subcontractor's Materials shall include the cost of materials, 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. For each Subcontractor, for work performed by his Sub-subcontractor(s), 5% of the amount due the Sub -subcontractor. j1clericaftanna=21-118 sh 5 utility relocation design\specslcon"Ct documents\13agreement.doc CA-16 Contract Agreement For Change Orders, the total cost or credit to the Owner shall be based on the following schedule: Contractor's Materials Cost + Contractor's Direct Labor Costs + Contractor's Equipment Costs (includes owned/rental equipment)' + Applicable Subcontractor Costs = Subtotal of Costs to the Contractor + Contractor's Overhead and Profit = Total Cost or Credit to the Owner 13.08 Nothing Contained in this section shall be deemed to contradict or limit the terms of Section 6.05 above. Section 14. DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK 14.01 In the event that the Contractor covers, conceals or obscures its work in violation of the Contract or in violation of an instruction from the City, such work shall be uncovered and displayed for review by the City and/or its consultants upon request, and shall be reworked at no cost in time or money to the City. 14.02 If any of the work is covered, concealed or obscured in a manner not covered by Section 14.01 above, it shall, if directed by the City, be uncovered and displayed for the City and/or its consultants. If the uncovered work conforms strictly with the Contract, the costs incurred by the Contractor to uncover and subsequently, replace such work shall be borne by the City. Otherwise, such costs shall be 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 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 Partv 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. jddenwRannat2021-118 sh5 utility mlowtion designlspecslwntraa dowmenta113-agmementdac CA-17 Contract Agreement written demand from the City, pay the City such remaining compensation for accepting defective -' or nonconforming work. The Contractor shall have an opportunity to correct any defect or non- conformance prior to the City taking the above actions. The contractor, upon written notice of any defect or non-conformance, shall have 10 calendar days to make corrections, unless the City agrees that the correction will require more than 10 calendar days to correct. Section 16. 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 jdden=Mnm=21418 sh 5 utility ml=tion designlpemkontrd do ent Xl1 gmementda CA-18 Contract Agreement 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. 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 j.WenmllannaV021-118 M5 uWM relamtion designlspewsmntr ddo ents113agreementd= CA-19 Contract Agreement hereunder, remains after the cost to the City of completing the work, including all costs and expenses of every nature incurred, has been deducted by the City, such remainder shall belong to the Contractor. Otherwise, the Contractor shall pay and make whole the City for such cost. This obligation for payment shall survive the termination of the Contract. In the event the employment of the Contractor is terminated by the City for cause pursuant to this Section 16.02 and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a Termination for Convenience under Section 16.01 and the provisions of Section 16.01 shall apply. 16.03 Termination for Non -Appropriation. The City may also terminate the Contract, in whole or in part, for non -appropriation of sufficient funds to complete or partially complete the Project, regardless of the source of such funds, and such termination shall be on the terms of Section 16.01. 16.04 The City's rights under this Section shall be in addition to those contained elsewhere herein or provided by law. Section 17. INSURANCE 17.01 Contractor shall be responsible for all damage to person and or property resulting from its negligent acts, reckless or intentional misconduct, errors or omissions or those of their subcontractors, agents or employees in connection with such services and shall be responsible for all parts of its work, both temporary and permanent. 17.02 Contractor shall, at its own expense, procure and maintain throughout the term of this Contract Agreement, with insurers acceptable to City, the types and amounts of insurance conforming to the minimum requirements set forth in this Contract Agreement. Contractor shall not commence work until the required insurance is in force and evidence of insurance acceptable to City has been provided to, and approved by, City. An appropriate Certificate of Insurance shall be satisfactory evidence of insurance. Until such insurance is no longer required by the Contract, Contractor shall provide City with renewal or replacement evidence of insurance at least 30 days prior to the expiration or termination of such insurance. 17.03 Workers' Compensation/Employer's Liability Insurance Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $1,000,000 for each accident. General Liability Insurance Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate. Automobile Liability Insurance Automobile Liability Insurance with bodily injury limits of not less than $1,00,000 for each person and not less than $1,000,000 for each accident, and with property damage limits of not less than $1,000,000 for each accident. j.Xcledcelmnna@021-118 sh 5 utility relocation deslgnlspecslcontract documentO 3-agreement.doc CA-20 Contract Agreement 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. 17.06 Compliance with these insurance requirements shall not limit the liability of Contractor. Any remedy provided to the City by any insurance maintained by the Contractor shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of Contractor) available to the City under the Contract or otherwise. 17.06 Neither approval nor failure to disapprove insurance furnished by Contractor shall relieve Contractor from responsibility to provide insurance as required by this Contract Agreement. 17.07 Contractor shall deliver to City the required certificate(s) of insurance and endorsement(s) before City signs this Contract Agreement. 17.08 Contractor's failure to obtain, pay for, or maintain any required insurance shall constitute a material breach upon which City may immediately terminate or suspend this Contract Agreement. In the event of any termination or suspension, City may use the services of another consultant or consultants, without City's incurring any liability to Contractor. 17.09 At its sole discretion, City may obtain or renew Contractor insurance, and City may pay all or part of the premiums. Upon demand, Contractor shall repay CITY all monies paid to obtain or renew the insurance. City may offset the cost of the premium against any monies due Contractor from City. 17.10 The Contractor shall furnish to the City Certificates of Insurance allowing thirty (30) days notice for any change, cancellation, or non -renewal. Such Certificates shall contain the following wording: "SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN." If the insurance policies expire during the terms of the Contract, a renewal certificate or binder shall be filed with the City at least 30 days prior to the renewal date. 17.11 In addition to the coverages required herein, the Contractor shall furnish and maintain all-risk builder's risk property insurance, satisfactory to the City, upon the entire Work at the site to the full replacement cost of the completed project. This coverage shall name City as an additional insured, must include the interests of the Contractor, subcontractors and sub -subcontractors in the Work, and must be procured from an insurer licensed to do business in the State of Texas with a Best's rating of "A+, A, A-". The policy must insure against perils including, but not limited to, earthquake, fire, extended coverages, windstorm, lightning, flood, and physical loss or damage, including theft, vandalism and malicious mischief. Section 18. PERFORMANCE AND PAYMENT BONDS; SURETY BONDS 18.01 Contractor shall provide City with a Performance Bond, a Payment Bond, and a Maintenance Bond meeting the standards specified in the Contract Documents, on the forms provided by the j.\clenwtanna2021-118 sh 5uil4 W=tion designlspeWccnl ct d=ments113agmemenLd= CA-21 Contract Agreement City, and attached hereto, with a Power of Attorney Affidavit, each in an amount not less than the Contract price. 18.02 Sureties' qualifications. All bonds, to the extent required under the Contract, including, but not by way of limitation, any Bid/Proposal Bond, Performance Bond, Payment bond, or Maintenance Bond shall be written through a reputable and responsible surety bond agency licensed to do business in the State of Texas and with a surety which holds a certificate of authority authorizing it to write surety bonds in Texas and maintains a current certificate of authority as an acceptable surety on Federal Bonds in accordance with U.S. Department of Treasury Circular 570. However, if the amount of the bond exceeds the underwriting limitations set forth in the Circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the Circular and the excess risk must be protected by co-insurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (3) CFR Section 223.10 - Section 223.111 and the surety company shall provide the City with evidence satisfactory to the City, that such excess risk has been protected in an acceptable manner. 18.03 Additional or replacement bond. It is further mutually agreed between the parties hereto that if, at any time, the City shall deem the surety or sureties upon any bond to be unsatisfactory, or if, for any reason, such bond (because of increases in the work or otherwise) ceases to be adequate, the Contractor shall, at its expense within five days after the receipt of notice from the City so to do, furnish an additional or replacement bond or bonds in such form, amount, and with such surety or sureties as shall be satisfactory to the City. In such event, no further payments to the Contractor shall be deemed to be due under the Contract until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the City. 18.04 As applicable to all bonds required under the Contract, the surety company shall have a Texas agent whose name shall be listed in the prescribed space on the forms provided by the City for all bonds required by the City, or otherwise listed therein if the form of the Bond is not prescribed by the City. Section 19. PROJECT RECORDS All documents relating in any manner whatsoever to the Project, or any designated portion thereof, which are in the possession of the Contractor, or any subcontractor of the Contractor, shall be made available to the City and/or its consultants for inspection and copying upon written request by the City. Furthermore, said documents shall be made available, upon request by the City, to any state, federal or other regulatory authority and any such authority may review, inspect and copy such records. Said records include, but are not limited to, all drawings, plans, specifications, submittals, correspondence, minutes, memoranda, tape recordings, videos, or other writings or things which document the Project, its design, and its construction. Said records expressly include those documents reflecting the cost of construction to the Contractor. The Contractor shall maintain and protect these documents for not less than three years after completion of the Project, or for any longer period of time as may be required by law or good construction practice. The Contractor further agrees to include these provisions in any subcontracts issued by him in connection with this Contract Agreement. Section 20. APPLICABLE LAW The laws of the State of Texas shall 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. jftcledc ftanna=21-118s115utility relocationdesign\specslmntreCdoeumentsM& greementdoc CA-22 Contract Agreement 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 West 71h Street P.O. Box 776 Anna, Texas 79406 If to the Contractor: Atkins Bros. Equip. Co., Inc. Attn: Shelly Atkins 3516 Old Ft. Worth Road Midlothian, Texas 76065 jdclenul\anne12021-118 sh 5 utility relocation designlsp¢cslcontracl documents\73egreemenl.doc CA-23 Contract Agreement Section 23. ENTIRE AGREEMENT Aside from duly authorized Change Orders, any modification to this Contract Agreement must be supported by an additional, articulated consideration, and must either be in writing, executed by the parties hereto, or, if made orally, should be confirmed in writing, which writing should state the consideration which supports the modification. Failure to confirm an oral modification in writing shall constitute a waiver of any claim for additional compensation with regard to the oral modification. Nothing in this Section shall be construed to limit the City's authority to issue changes set forth in Section 14 herein. Section 24. SEVERABILITY If any term or condition of the Contract or the application thereof to any person(s) or circumstances is held invalid, this invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of the Contract are agreed to be severable. Section 25. WAIVER Waiver of any breach of any term or condition of this contract shall not be deemed a waiver of any prior or subsequent breach, and shall not entitle any party hereto to any subsequent waiver of any terms hereunder. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. IN WITNESS WHEREOF, the Parties have executed this Contract Agreement under their respective seals on the day and year first written above. CITY ATTEST: �.,� y� �'�• V l Carrie Land, City Sec etary City Manager ATKINS BROS. EQUIP. CO., INC. BY: ke Atkins, CEO (SEAL) j: fta a o41-118sh5Wftymwr WW signup .\= ada kl3a rmmwtdoc CA-24 Contract Agreement '=AIA Document A31OTM - 2010 CONTRACTOR: (Name, legal status and address) Atkins Brothers Equipment Company 3516 Old Fort Worth Road Midlothian, TX 76065 OWNER: (Name, legal status and address) City of Anna 120 W. 7th St Anna, TX 75409 SURETY: (Name, legal status and principal place of business) Inc. Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 This document has important legal consequences. Consultation with BOND AMOUNT: Five Percent of the Greatest Amount Bid ($ 5% G.A.B.) PROJECT: (Name, location or address, and Project number, if any) 24 - 0130 (S.H. 5 Utility Relocations Phase 1) an attomey is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Project Number, if any: The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Sign d sealed this 511 day of (Wit" ) — -- -- ---- (Witness) Y qeRmos February, 2024 (7-111e) Brent Baldwin, Attorney -in -Fact tilt AIA Document A310- — 2010. Copyright ® 1963. 1970 and 2010 by The American Inalitute of Architects. All rights reserved. WAR KING: Title IA" le A Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document or any portion of it may result in severe civil and criminal penalties, and will be prosecuted to the maximum extant possible unorr the taw. This t document was created on 12/30/2021 22,19'45 under he terms of AIA Documentson-Demand"' order no. 2114275178, am is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. acrro This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No: 820920"22006 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duty organized under the laws of the State of New Hampshire, that Ubedy Mutual insurance Company is a corporation duly organized under the laws of the Stale of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively caged the'Companies'), pursuant to and by authority herein set forth, does hereby time, constitute and appoint Blaine Allen; Brady K. Cox; Brent Baldwin; Brock Baldwin; Cynthia Alford; John A. Aboumrad: Kirsten Ortiz: Lorena Gutierrez: Michael B. Hill: Neira Hemandcz: Russ all of the city of Plano state of TX each individually if there be more than one named, its We and lawful affomeyin-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its ad and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and atested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 4th day of January , 2023 . Liberty Mutual Insurance Company P� 1NSU/a �SY rNSU d tNs0g4 The Ohio Casualty Insurance Company `moo eynm a 3` �� 'f1 n oPi o�oa'' yn West American Insurance Company 40+1912a; i*1919Qdo as 1991 do 4J1 P Y +GNUS D O �•H+,�N D� Y N01/.NP D3 iR/ navid M Carev Assisfanf Sarmfam rn County of MONTGOMERYSS 00 On this 4th day of January , 2023 before me personally appeared David M.Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0 a Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. mM -� IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. c:y O Q�y�+.GNweS, r�( eommen Ilicf PPMSYx ia-Natvuyeea do Aty `p Yi1 (y TereSA Pastella, NO PuElk a n -- Montgomery Cowry C OF Min Y niWon exam Mend, 28. 2025 BY: .,4 Cmunimicnnum 01260,14 Notary Public N N Fqy pUa r This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual o Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: E°3 ARTICLE IV —OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in willing by the Chairman or the President and subject to such limitation as the Chairman or the President - may prescribe, shall appoint such affomeys-in-fact, as may be necessary to ad in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such atomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full o j power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall Z U be as binding as if signed by the President and attested to by the Secretary. Any proper or authority granted to any representative or attomey4it-fad under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE Kill— Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the dhemhan or the president and subject to such fhmitations as the chairman or the president may prescribe, shall appoint such atorneys41n-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have fug power to bind the Company by their signature and executor of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such atomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety - obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. ' I , IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 15th day of February 2024, . P` 1NSU/gq PvtY INSV � \NSry,4q ooMoggr"b2F cJiovMoyroR9yn ¢4P+vNeoryrb•�nto �f � a�91912 a o 0 1919 1991 cr /(: �c,(s.�.�� By: Renee C. Llewellyn, Assistant Secretary h a h� N1 t hd '1M +, I•� LMS-12e73 LMIC CCIC WAIC Mdb Co 02121 Liberty - Mutual° SURETY Figure: 28 TAC § 1.601(a)(2)(B) Have a complaint or need help? If you have a problem with a claim or your premium, call your insurance company or HMO first. If you can't work out the issue, the Texas Department of Insurance may be able to help. Even if you file a complaint with the Texas Department of Insurance, you should also file a complaint or appeal through your insurance company or HMO. If you don't, you may lose your right to appeal. Liberty Mutual Insurance Company To get information or file a complaint with your insurance company or HMO: Call: Liberty Mutual Surety Claims at 206-473-6210 Online: www.LibertyMutualSuretyClaims.com Email: HOSCL@libertymutual.com Mail: P.O. Box 34526 Seattle, WA 98124 The Texas Department of Insurance To get help with an insurance question or file a complaint with the state: Call with a question: 1-800-252-3439 File a complaint: www.tdi.texas.gov Email: ConsumerProtection@tdi.texas.gov Mail: MC 111-1A, P.O. Box 149091, Austin, TX 78714-9091 jiene una queja o necesita ayuda? Si tiene, un problema con una reclamaci6n o con su prima de seguro, Ilame primero a su companfa de seguros o HMO. Si no puede resolver el problema, as posible que el Departamento de Seguros de Texas (Texas Department of Insurance, por su nombre en ingles) pueda ayudar. Aun si usted presenta una queja ante el Deparamento de Seguros de Texas, tambien debe presenter una queja a traves del proceso de quejas o de apelaciones de su companfa de seguros o HMO. Si no to hate, podrfa perder su derecho pare apelar. Liberty Mutual Insurance Company Para obtener informaci6n o pare presenter una queja ante su compania de seguros o HMO: LMS15292e MO Bond No.022238499 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Atkins Bros. Equip. Co., Inc. (hereinafter called the Principal(s)), as Principal(s), and Liberty Mutual Insurance 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 One Million Three Hundred Forty -Five Thousand Four Hundred Six and no/100 Dollars ($1.345.406.00) 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 12th day of March, 2024 , for the following project: S.H. 5 UTILITY RELOCATIONS - PHASE I and said Principal under the law is required before commencing the work provided for in said I- 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)' of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work to be performed thereunder. 1 Not applicable for federal work. See "The Miller Act," 40 U.S.C. S270. i.WeriralbnnaV071-118 sh5 Way r 1mbon Cesignlspecsk==d da enfs11440aMi.0oe B-3 IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this 29th day of March , 20 24 . Liberty Mutual Insurance Company ty Sure'r��it By: Print Name: Neira Hernandez Title: Attomev-in-Fact Address: 175 Berkeley Street Boston, MA 02116 Phone /Fax : 617-357-9500 Atkins Bros. EauiD. Co.. Inc. Principal By: Print ame: MkEA-ML)G Title: da Address: 3516 Old Fort Worth Road Midlothian, TX 76065 Ph one/Fax: 972-644-2668 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 Brady K. Cox , an agent resident in Collin 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. Liberty Mutual Insurance Company Surety 1' By: lltltA Print Name: Bradv K. Cox Address: 500 N Central Expy Ste 550 Plano, TX 75074 P hone/Fax: 972-461-7300 NOTE: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person hasextract from the by-laws showing that this has authority sign such such obligation. If signed by an Attorney -in -Fact, we must have a copy of the Power of Attorney for our files, AND ATTACHED TO THIS BOND. � 1Ge�ca(wnna�20i L11B sn 5 wu, .to ,mn eoaimmXs14. E B-4 Bonds 0 Liberty Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except! n the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8209206-022006 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duty organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the'Companies°), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Blaine Allen Rmdv K. CnxRrent Rnldwin Rrnek Baldo iru Lvnthia Alford John A. Ahoumrad- Kirsten Ortiz Lorena Gutierrez: Michael B. Hill: Noire Hernandez Russ all of the city of Plano state of TX each individually if there be more than one named, its true and lawful altomeyin-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizences and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 4th day of January , 2023 . Liberty Mutual Insurance Company �tNSUq tYINSU a1NSU� The Ohio Casualty Insurance Company �JP°off°nlr9%p y`��oReOwr uP °osv°N., '�� West American Insurance Company J3 ot° c3 Fen 3 eb an a�71912aa3 =o�')P919P�� as 1991 d� - lw�. SCNN N1yp5 a Y N°I/.NP a "✓�// z �U) r F d 'sNl • 1•� ''M t tit BY David M_ Carev. Assistant Secrefary State of PENNSYLVANIA as County of MONTGOMERY On this 4th day of January , 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instmment for the purposes therein contained by signing an behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. 9P PAST QF' onw� F( CgNnnmxeala Pa ob.N lana"Notary Seal °p <�i Y Teresa PlpmegN nPubno n OP Montgomery, o My ammisslenaapues M1126044 28. 25 By: Ito- , Pennsovnnumber 1sonof Teresa Pastella, Notary Public �VP `a Member, PennsylvaNa Assotia4on NN,9 'ea ry This Power of Attomey is made and executed pursuant ttoG'and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such atomeys-in-tact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomeyin-tad under the previsions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president and subject to such Imitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such atorneys-in- fad as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, reoognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any paver of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually of bied. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original paver of attorney of which the foregoing is a full, We and cored copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. - INTESTIMONYWHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 29th day of March 2024- v, INSU `t'r INSU d INSU _� J 3°peroNq�'(�A c 3°°proq<ro�9y� � �oo°P°W �%'m �� 1912dc o_i1919Wo s 1991 0 =` - - c.S - - des'e*us �a a3 =� HMgNY.* D3 ryw� °�x*adD3 By: C. Uewellyn, Assistant Secetort LMS-12873 LMIC OCIC WAIC Mina Co 02121 - 'J PAYMENT BOND Bond No.022238499 KNOW ALL MEN BY THESE PRESENTS, that Atkins Bros. Equip. Co., Inc. (hereinafter called the P(ncipal(s)) as Principal(s), and Liberty Mutual Insurance 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: One Million Three Hundred Forty -Five Thousand Four Hundred Six and no/100 Dollars ($1,345,406.00) 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 121h day of March. 2024 , for the: S.H. 5 UTILITY RELOCATIONS — PHASE I 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 j extent as if copied at length herein. 1 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the -J said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said Contract Agreement, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway - affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work to be performed thereunder. 'j.rer¢al ma=21.118 sh 5 WLtylebo W designUpm%con= dw enLelld-hondsdx B-5 Bonds IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this 29th day of March , 20 2a Liberty Mutual Insurance Company Atkins Bros. Equip. Co., Inc. Surety Principal By: 4111441'k By: Print Name: Neira Hernandez Print N me: mtkiF A—[�—) NS Title: Attorney -in -Fact Address: 175 Berkeley Street Boston, MA 02116 Phone/Fax: 617-357-9500 Title: Eo Address: 3516 Old Fort Worth Road Midlothian, TX 76065 Phone/Fax: 972-644-2688 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 Brady K. Cox , an agent resident in Collin 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. Liberty Mutual Insurance Company Surety By: Print Name: Bra y K. Cox Address: 500 N Central Exov Ste 550 Piano, TX 75074 Phone/Fax: 972-461-7300 NOTE: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney -in -Fact, we must have a copy of the Power of Attorney for our files, AND ATTACHED TO THIS BOND. Ikenp NInnaQ02111Bsh5W04yreioca design pe¢ tra �Is%14pollsE B-6 Bonds This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Libel Liberty Mutual Insurance Company Mutug. The Ohio Casualty Insurance Company Certificate No: 8209206-022006 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Blaine Allen: Brady K. Cox: Brent Baldwin: Brock Baldwin: Cynthia Alford: John A. Abounal Kirsten Ortiz; Lorena Gutierrez; Michael B. Hill; Neira Hernandez; Russ all of the city of Plano state of TX each individually if there be more than one named, its true and lawful attomeyin-fact to make, execute, seal, acknowledge and deliver, for and on ils behalf as surety and as its act and deed, any and all undertakings, bonds, rerxgnizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 4th day of January , 2023 . Liberty Mutual Insurance Company �1Hsuq- �t'rlNspp atNsugq The Ohio Casualty Insurance Company aJPa°1`pO��yO yJP°oePOWr `9y SOP°°�°°�r yo West American Insurance Company � 3 b" m e d o n 1912 � _ 1919 1991 � w m m o; 3 Fo t° � w a n S c/. : m o a / ,.� dS9ea9CNU5" D Zo �r'XAMvi+p D Yy, �x°ux> dLi /L c dsxy + *� '�yr + F� 9M + Fa By- ra David M. Carey, Assistant Secretary `01 State of PENNSYLVANIA ss & County of MONTGOMERY 4 On this 4th day of January , 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance m Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. m IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. PAS 02 ~�,2,o AY(� CommoTmveass Pa e11a ryPu°Gc O aeal ////��ff 0 OF Montgomery Caony MYoommission eapMa MarrJ, 20.2a25 By: le v Commission nwnber 1120a44 N �vQ`s,g, Wr° ,, Pennsylvania AswtiaWn MNola�ies 3eresa Paslella, Notary Public ARw N I:? This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: a? ARTICLE IV —OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President and subject to such limitation as the Chairman or the President may prescribe, shall appoint such aftomeys-in-fad, as may be necessary to act in behalf of the Corporafion to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognimirces and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any paver or authority granted to any representative or affomeyin-fact under the provisions of this adicle may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII— Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeysin-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such allomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such aflomeys-in- fad as may be necessary to ad on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizznces and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a cerfified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance, Company do hereby certify that the original power of attorney of which the foregoing is a full, true and coned copy of the Power of Attorney executed by said Companies, is in full [are ind_effe_d and has not been revoked. - - INTESTIMONYWHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 29th day of March 2024 . o°Roy000( Pa a"oURsyWrF° oi°e� �+° wr"b Pm12 c0s 1991 cdHUe�i3=oYS� MOIAMP�dD By. Renee C. Uewellyn, Assistant Secretary - - - - LMS-12813 LMIC OCIC WAIL MWa Co a221 - Bond No.022238499 ` MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT Atkins Bros. Equip. Co., Inc. as principal, and Liberty Mutual Insurance Company a CORPORATION organized under the laws of the State of Massachusetts, as SURETY , do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Anna, a municipal corporation at Anna, Collin County, Texas the sum of One Million Three Hundred Forty -Five Thousand Four Hundred Six and no/100 Dollars ($1,345,406.00) 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 Atkins Bros. Equip. Co.. Inc., the Contractor, did on March 12, 2024 enter into a written Contract Agreement with the said City of Anna to build and construct: S.H. 5 UTILITY RELOCATIONS — PHASE I 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 �J Contract Agreement to so maintain and repair said work, then these presents shall have full force and effect, and said CITY OF ANNA shall have and recover from said SURETY, damages in the premises, as provided, and it is further agreed that this obligation shall be a continuing one against the SURETY, hereon, and that successive recoveries may be had thereon for successive breaches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. pwadaananna2021-118s swtmyrelo afianeasisnlspaeama.0am enlsva-bows, a B-7 Bonds IN WITNESS WHEREOF, the said Atkins Bros. Equip. Co., Inc. (Contractor) has caused these presents to be Liberty Mutual Insurance Company (Surety Co.) executed by its ATTORNEY -IN -FACT Neira Hernandez and the said ATTORNEY -IN -FACT Neira Hernandez has hereunto set his hand this the 29th day of March 12024 Liberty Mutual Insurance Company /] Surety By: — (/ �{ef/�'h Print Name: Neira Hernandez Title: Attorney -in -Fact Address: 175 Berkeley street Boston, MA 02116 Phone/Fax: 617-357-9500 Atkins Bros. Eauio. Co.. Inc Principal By: Print ame:/ ,'VVTf�i N S Title: Address: 3516 Old Fort Worth Road Midlothian, TX 76065 Phone/Fax: 972-644-2688 NOTE: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney -in -Fact, we must have a copy of the Power of Attorney for our files, AND ATTACHED TO THIS BOND. I%clancaaann=21-11B 05 W dy,ero oonEaipNsper trwt Oo wlsk14-WWs oc B-8 Bonds This Power of Attorney limits thepcts of thcye named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual. SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Cerbficete No: 8209206-022006 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Stale of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appanl, Blaine execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 4th day of January , 2023 . N d C in to Stale of PENNSYLVANIA Liberty Mutual Insurance Company P�, INSUgq �Yv hxsu tNsur� The Ohio Casualty Insurance Company +`o�owfey0m a 3`oPeOhq,�T4y� x, 2�oxPv++P"by�im West American b�Insurance Company er'91ay3 % y 919��o QS�1991ad'a By, // /' gCN11 hgNP D Y N010.M `,`iT// r l 1 M t F David M. Carey, Assistant Secretary On this 4th day of January , 2023 before me personally appeared David M. Carey. who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance CompanyThOhio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing Instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. �p PAST QE hspnw P� CanmoTerom or Peru,sNotary NbLcsry Seal �[y 4oP" �<AST Teresa Pastella,Notary Public OF Monnovire Ca WY My Covoniicnemires Martl,26,2a25 By: v Commisyl ma mberfl26044 of V?`'�, Member, Pems}lvartia 0.saoca0on al NaNnes Teresa Pastella, Notary Public �A1?Y Pxf� This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV —OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such atomeys-in-fad as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recegnizances and other surety obligations. Such aftomeysin-fact subject to the limitations set forth in their respective powers of altomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power a authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers grunting such pourer or authority. ARTICLE XIII— Execution of Contracts: Section 5. Surety Bands and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeysin-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such atomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such atomeys-in- fad as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recogniizances and other surety obligations. Authorization — By unanimous consent of the Companys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a cerfified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Rance C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, trua and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. - INTESTIMONYWHEREOF, I have hereunto set my hand and affied the seals of said Companies this 29th day of March 2024 - OSY INSG 0 \NSt/R9 zooAPoh+ Q'Pgyn VP2 oaPowyr �Ln m _ (0(0(0 � 1919 � a i 1991 o 0"hgr.Ps" yam rs aO,pN> ya3 By: Renee C. Uewel n, Assistant Seoreta -�' �Hl +< FN SM r FN ty ry ��-\ LMS-12873 LMIC OCIC WAIC MNm Co 022i " Liberty 1Vlutual. SURETY Figure: 28 TAC § 1.601(a)(2)(B) Have a complaint or need help? If you have a problem with a claim or your premium, call your insurance company or HMO first. If you can't work out the issue, the Texas Department of Insurance may be able to help. Even if you file a complaint with the Texas Department of Insurance, you should also file a complaint or appeal through your insurance company or HMO. If you don't, you may lose your right to appeal. Liberty Mutual Insurance Company To get information or file a complaint with your insurance company or HMO: Call: Liberty Mutual Surety Claims at 206-473-6210 Online: www.LibertyMutualSuretyClaims.com Email: HOSCL@libertymutual.com Mail: P.O. Box 34526 Seattle, WA 98124 --`The Texas Departrnent-of Insurance --- To get help with an insurance question or file a complaint with the state: Call with a question: 1-800-252-3439 File a complaint: www.tdi.texas.gov Email: ConsumerProtection@tdi.texas.gov Mail: MC 111-1A, P.O. Box 149091, Austin, TX 78714-9091 jiene una queja o necesita ayuda? Si tiene, un problema con una reclamation o con su prima de seguro, Ilame primero a su compania de seguros o HMO. Si no puede resolver el problema, es posible que el Departamento de Seguros de Texas (Texas Department of Insurance, por su nombre en ingles) pueda ayudar. Aun si usted presenta una queja ante el Deparamento de Seguros de Texas, tambien debe presentar una queja a traves del proceso de quejas o de apelaciones de su compania de seguros o HMO. Si no to hate, podria perder su derecho para apelar. ' Liberty Mutual Insurance Company Para obtener information o para presentar una queja ante su compania de seguros o HMO: W&I52928 929 Llame a: Liberty Mutual Surety Claims al 206-473-6210 En linea: www.LibertyMutualSuretyClaims.com Correo electr6nico: HOSCL@libertymutual.com Direcci6n postal: P.O. Box 34526 Seattle, WA 98124 El Departamento de Seguros de Texas Para obtener ayuda con una pregunta relacionada con los seguros o para presentar una queja ante el estado: Llame con sus preguntas al: 1-800-252-3439 Presente una queja en: www.tdi.texas.gov Correo electr6nico: ConsumerProtection@tdi.texas.gov Direcci6n postal: MC 111-1A, P.O. Box 149091, Austin, TX 78714-9091 LMS-15292e 9120 CERTIFICATE OF INSURANCE(S) A� �® CERTIFICATE OF LIABILITY INSURANCE DnrB(mmoonvvv) 4/2/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AssuredPartners of Texas BCA 500 N. Central Expressway Suite 550 CONTACT NAME: Judith Webb PHONE FAX N 972-331-3722 ac No): a Do alEss: 'udith.webb assured artners.com INSURERS AFFORDING COVERAGE NAIC# Plano TX75074 INSURERA: Valle Forge Insurance Company 20508 INSURED ATKIBRO-01 INSURER B: Continental Insurance Company 35289 Atkins Construction Co Inc dba Atkins. Brothers Equipment Company Inc INSURERC: INSURER D: 3516 Old Fort Worth Road Midlothian TX 76065 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: RRA324227 7�T1F-IG7:�1111 illAi 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 OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADOL SUER POLICY NUMBER POLICY EFF MMIODM/YY POLICY EXP MMIDO UNITS A X COMMERCIAL GENERAL LIABILITY 607593886 5/30/2023 5/30/2024 RRENCE $1.000,000 CLAIMS -MADE FxIOCCUR Be occurrence AMAGE TO RENTED $500,000 ny one parson) $15,000 ADV INJURY MC $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GREGATE $2.000.000 POLICY JEC LOC -COMP/OP AGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY 6075939855 5/30/2023 5/30/2024 NGLELMIT Ea saldent 51,000,000 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY A11T05 IANYAUTO BODILY INJURY (Per accident) $ PROPERTY DAMAGE Pereccldenl $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY � B X UMBRELLALIAS X OCCUR 6075939872 5/30/2023 5/30/2024 EACH OCCURRENCE $5.000.000 AGGREGATE $5,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNERIEUECU nVE OFFICERIMEMBEREXCLUDEDP NIA 6075939869 5/30/2023 5/30/2024 X I STATUTE ERH E.L. EACH ACCIDENT $1,000.000 E.L. DISEASE - EA EMPLOYEE $1.000.000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 A Contractors Equipment 607593886 5/30/2023 5/30/2024 LeesedlRentad $250,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached if more space is required) The General Liability & Business Auto includes a Blanket automatic Additional Insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability, Business Auto & Workers Compensation includes a blanket Waiver of Subrogation to the certificate holder only where there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy contains a special endorsement with "Primary & Noncontdbutory" wording. Umbrella Liability is follow form. 30-Day Notice of Cancellation except 10-day for non payment. Certificate Holder Continued: City of Anna, the Engineer, their agents and employees Project: S.H. 5 Utility Relocations - Phase I Cityy of Anna 120 W 7th 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. AUTHORIZED REPRESENTATIVE KC� ©1988-2015 ACORD CORPORATION. All fronts reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD �I FORM 1295 INSTRUCTIONS Certificate of Interested Parties www. ethics. state.tx.us/File CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2024-1119511 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Atkins Bros. Equipment Company, Inc. Midlothian, TX United States Date Filed: 02/02/2024 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Anna Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. SH5 SH 5 Utility Relocation Phase 1 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Atkins, Mike Midlothian, TX United States X 5 Check only if there is NO Interested Party.❑ 6 UNSWORN DECLARATION . 9 `P I I and my date of birth is 3 —I My name isJ-6r� 1�.�(t nnr!l n �n (1 A N1 1 n, p/� My address is iIjao myu— �rV — IV 11(/I Y`I�i-Yt �,��r, K. (street) (city) (state) (zip code) • (country)• I declare, under penalty of perjurythat the foregoing is true and correct. D�j/f �1 / Executed in fi ✓✓r " County, State of My 13 on the / day of /�44t011ICI 20�. (rdonth) (year) Signal re f authorized agent of contracting business entity ' (Declarant) i-orms provided oy I exas Ltnics Commission www.ethics.state.tx.us Version V3.5.1.9000D47f CONSTRUCTION STAKING CERTIFICATION Control for the project has been set by the Engineer and control is shown in the Construction Plans. Contractor shall complete all construction staking. Cut sheets shall be provided to the inspector. Prior to commencement of the work by the Contractor, the Contractor shall submit an electronic digital file (.DWG or .DXF format) containing a minimum of two Birkhoff, Hendricks & Carter, L.L.P. control points and this certification form stating that the construction staking is tied to the project control points established in the Plans. The Engineer will review Contractor's electronic survey file to verify that the survey file is tied to the project control. I, of (Surveyor's Name (Company) certifies that all construction staking is tied to the project control system. Signature Date Printed Name Note: To be submitted when construction staking control and cut sheet staking commences. IA7015 covWCNlhhc sunward xg wu\I-sunEaN bh mwncss�=lion ssa gn x 1J SUPPLEMENTARY GENERAL PROVISIONS 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 NCTCOG 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: S.H. UTILITY RELOCATIONS — PHASE 1 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 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 j:klmcalknna=21-118s 5u6btyml fimdesipls sYabspccUI1 mcm pmv.dmx GP-1 General Provisions 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 Less than $25,000.00 $25,000 to $99,999.99 AMOUNT OF LIQUIDATED DAMAGES $100.00 Per Day $500.00 Per Day $100,000 to $999,999.00...................................... $500.00 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 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 ismi�m�mzmi-�18A5 sty.w U. �,d . GP-2 General Provisions 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 I 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 I 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 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. j.kle6calbm=21-118 sh 5 utility mlomlion daiplspe h-spec@I-mn4 pm¢do GP-3 General Provisions L 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. 3 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. attorney fees) by reason of liability imposed by law upon the OWNER, sustained by any person or persons, arising out of or in consequence of the performance of this work, whether such injuries to person or damage to occasioned by the sole negligence of the OWNER. Engineer, Consultant, and/or other Agents. 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: Commercial general liability insurance at minimum combined single limits of $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. j:klcrimlbnnaU.021-118 s 5 w Iiwmlom on de i�lvpe sVecM1spc UI3 mem pmv.do GP4 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. 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, j-.ae cuMn 4011418 ch 5 utitiry mloa on pmv.dmx GP-5 General Provisions (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. 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 certificate of coverage, prior to the other person beginning work on the project; and, 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; ismim� ��m�a1805U61yMIMdwdmp,Vmsvhn \21-wcyp�dm GP-6 General Provisions (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 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. j i A comprehensive general liability insurance form may be used in lieu of a J 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. j:klericelbm=21-118a 5whtynlo iovdcsi�Ncchapc IV =emlpmvdwx GP-7 General Provisions With reference to the foregoing insurance requirement, Contractor shall specifically endorse applicable insurance policies as follows: • The City of Anna shall be named as an additional insured with respect to general liability and automobile liability. • All liability policies shall contain cross liability and severability of interest clauses. • A waiver of subrogation in favor of the City of Anna shall be contained in the workers' compensation insurance policy. • 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. • 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 financial rating of A:V or better as assigned by the BEST Rating Company in the most current edition of its manual. • 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: • The company is licensed and admitted to do business in the State of Texas. • The insurances set forth by the insurance company are underwritten on forms which have been approved by the Texas State Board of Insurance. • Sets forth all endorsements and insurance coverages according to requirements and instructions contained herein. • 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. pmim�.UMW18A 5ufhy.1.6. .o A.. GP-8 General Provisions 1.06 CONSTRUCTION WATER: Construction water necessary for the normal construction of this project will be provided 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'Y2-inch City owned construction meter. The deposit(s) shall be paid at the Utility Office, located at 120 W. 7th Street, Anna, Texas 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. j:klericallwva@Vll-1 18 sh 5 utility mlmc m desi®Aspenlmch-epeB3b wcv pmvdmx GP-9 General Provisions 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 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. jMcncananaa=l-1 18 sh 5 many mineafion devpsp Va6spmM=rtl pmv.doa GP-10 General Provisions 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. 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; j:b1cdc0nnnaV021-118�5 0&y ml=tiao nmpa Ms: n�M- ey pmv.a x GP-11 General Provisions 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; 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. j.CIcnc lW aUMI-119s 5u Iiryml=ionI- cncre pm¢d x GP-12 General Provisions 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 the time of day, to correct or alleviate such condition so that it is no longer dangerous to property to life. 1.24 TWO-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. * Contractor must set forth essential suppliers in an Exhibit A within five (5) business days of award of final contract. p: lvdcdW a@021-119e 5uulity=1 ruonpmv.dm GP-13 General Provisions 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 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. 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 &Iedcal\maa@021-118 sh 5 uGliry mlomtiw desi8n�p \v hsp Me meml pmedo GP-14 General Provisions 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. j.kknolb.UD21418sh5wiliry«locnpondesignlspeaVechsped3l-Bmesalpmv.daa GP-15 General Provisions 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. j.Wtuicallavva=l-ll8s 5utility m1matiov desigvVpecedechsptt@I-gmrnW pmv.dmx GP-16 General Provisions MATERIALS AND CONSTRUCTION METHODS The GOVERNING SPECIFICATIONS FOR MATERIALS AND CONSTRUCTION METHODS shall be performed in accordance with the Standard Specifications for Public Works Construction - North Central Texas, 5", Edition, dated 2007, except where noted otherwise in the City of Anna's supplemental "Special Provisions" and the Technical Specifications included in these Specifications and Contract Documents. NOTE: The ' symbol specifies that this item is also covered in the City of Anna's "Special Provisions" to the "Standard Specifications for Public Works Construction, North Central Texas". These Special Provisions are additional and modify the "Standard Specifications". Item # Subiect DIVISION 200 — SITE PROTECTION & PREPARATION 201. Temporary Erosion, Sedimentation & Water Pollution Prevention & Control 201.1. Description 201.2. Items of Work and Materials 201.3. Pre -construction Submittals 201.4. Construction Requirements 201.5. Silt Fence 201.6. Interceptor Swale 201.7. Diversion Dike 201.8. Triangular Sediment Filter Dike 201.9. Check Dam (Rock) 201.10. Check Dam (Sand Bag) 201.11. Stabilized Construction Entrance 201.12. Stone Outlet Sediment Trap 201.13. Pipe Slope Drain 201.14. Inlet Protection 201.15. Erosion Control Blankets 201.16.' Mulching 201.17. Measurement and Payment 202. Landscaping 202.1. Removal, Protection & Replacement of Trees, Shrubbery, Plants, Sad, and Other Vegetation 202.2. Topsail 202.3. Soil Amendments 202.4. Fertilizer 202.5. Sodding 202.6.' Seeding Turf -grass 202.7. Rejection 203. Site Preparation 203.1. Determining Location & Protection of Existing Structures and Utilities 203.2. Maintenance of Streets During Construction 203.3. General Site Preparation 203.4. Unclassified Street Excavation 203.5. Unclassified Channel Excavation 203.6. Borrow 203.7.• Embankment 203.8. Dust Control Item # Subiect DIVISION 300 — ROADWAY CONSTRUCTION 301. Subgrade, Subbase & Base Preparation 301.1. General 301.2.' Lime Treatment 301.3.• Portland Cement Treatment 301.4. Asphalt Emulsion Treatment 301.5. Flexible Sub -base or Base (Crushed Stone / Concrete) 301.6. Geo-textiles Used in Paving Applications 302. Asphalt Pavement 302.1. Description 302.2.' Aggregates for Hot -Mix Asphalt Pavement 302.3. Bituminous Materials 302.4. Fibrous Reinforcement for Asphalt 302.5. Storage, Heating & Application Temperature of Bituminous Materials 302.6. Emulsified Asphalt Treatment 302.7. Prime Coat 302.8. Asphalt Base Course 302.9. Hot -Mix Asphalt Pavement 302.10. Measurement and Payment 303.' Portland Cement Concrete Pavement 303.1 Description 303.2.' Portland Cement Concrete Pavement Materials 303.3. Mix Design and Mixing Concrete 303.4. Equipment 303.5. Construction Methods 303.6. Alley Paving 303.7. Pavement Leave -outs 303.8.' Pavement Testing and Evaluation 303.9. Measurement and Payment 304. PAVING UNITS 304.1. Solid Concrete Interlocking Paving Units 305. Miscellaneous Roadway Construction 305.1.' Concrete Curb and Gutter 305.2." Concrete Sidewalks, Driveway Approaches, and Barrier Free Ramps 305.3. Concrete Medians 305.4. Reinforced Concrete Headers jMlericalb a@021-118e 5uGliry m1 afion design\p \I c pec=2 &cm(index).docx MCM-1 Materials & Construction Methods Item # Subiect Item # Subiect DIVISION 400 — ROADWAY MAINTENANCE & 501.17. Polyvinyl Chloride (PVC) Wastewater Pipe & REHABILITATION Fittings with Dimension Control 401. Crack Sealing 501.18. Polyvinyl Chloride (PVC) Profile Gravity 401.1. General Wastewater Pipe and Fittings — For Direct Bury and Slip -lining Applications 401.2. Materials 501.19. PVC Composite Pipe for Wastewater Conduits 401.3. Methods 501.20. Polyvinyl Chloride (PVC) Corrugated Storm 402. PAVEMENT CUT, EXCAVATION, AND REPAIR Water Pipe with Smooth Interior and Fittings 402.1. General Requirements 501.21. Solid Wall Polyethylene Plastic Pipe for Water, 402.2. Minimum Size of Repair Wastewater, and Pipe Rehabilitation 402.3. Sawing 501.22. Polyethylene (PE) Large Diameter Wastewater 402.4. Replacing Paved Surfaces Pipe with Modified Wall Profiles & Performance 403. Asphaltic Pavement Repair Standards 403.1. Description 501.23. Polyethylene (PE) Corrugated Drainage Tubing and Corrugated Smooth Lined Storm Water Pipe 403.2. Materials and Mixing and Fittings 403.3. Methods 501.24. Fiberglass (Glass -Fiber -Reinforced 403.4. Measurement and Payment Thermosetting -Resin) Wastewater Pipe 404. SURFACE TREATMENT 502. Appurtenances 404.1. Description 502.1. Manholes 404.2. General 502.2. Wastewater Main Cleanouts 404.3. Slurry Seals and Micro-(Re)Surfacing 502.3.* Fire Hydrants 404.4. Bituminous Surface Treatment (Chip Seal) 502.4. Thrust Restraint 405. Ultra -Thin Concrete Paving (WhiteTopping) 502.5. Fittings 405.1. Description 502.6* Valves 405.2. Materials 502.7. Performed Flexible Conduit Joint Sealant 405.3. Construction Methods 502.8. Polyethylene Wrap For Metal Pipe Fittings 405.4. Measurement 502.9. Corrosion -Resistant Coatings and Liners for 405.5. Payment Wastewater Conduit and Appurtenances DIVISION 500 — UNDERGROUND CONSTRUCTION & 502.10. 502.11. Connections To Conduit For Service Miscellaneous Conduit Connections APPURTENANCES 501.* Underground Conduit Materials 502.12. Structures 501.1. General 503. Trenchless Installation 501.2. Clay Wastewater Pipe 503.1. Conduit Materials 501.3. Vitrified Clay Pipe for Micro -tunneling, Slip -lining, 503.2. Tunnel/Chasing Pipe Spacers Pipe Bursting, and Tunnels 503.3. Methods of Jacking, Boring or Tunneling 501.4.* Concrete Pressure Pipe and Fittings 503.4. Measurement and Payment 501.5.* Reinforced Concrete Wastewater Pipe with 504. Open Cut — Backfill Rubber Gasket Joints 504.1. General 501.6. Reinforced Concrete Culvert, Storm Drain, Pipe 504.2. Materials and Box Section 501.7.* Ductile -iron Pressure Pipe and Fittings 504.3.* Excavation and Foundation 501.8. Ductile -Iron Pipe for Pipe Rehabilitation 504.4.* Backfill-General Requirements 501.9.* Steel Pipe and Fittings 504.5 Embedment 501.10. Seamless Copper Tubing 504.6. Final Backfill 501.11. Corrugated Metal Pipe or Arch Shapes 504.7. Measurement and Payment of Backfill 501.12. Structural Plate Structures 505. Open Cut — General Conduit Installation 501.13. Tunnel Liner Plates 505.1. General 501.14. Polyvinyl Chloride (PVC) Water Pipe 505.2. General Installation Requirements for Pipe Types 501.15. Polyvinyl Chloride (PVC) Pressure -Rated Pipe 506.* Open Cut— Water Conduit Installation (SDR Series) 501.16. Molecularly Oriented Polyvinyl Chloride (PVCO) 506.1. Description Water Pipe 506.2. Materials &Iericd\ a@01-I19sh5Wiltymla fiundcsignVpccs\tcchapmVL cm(indcx).dacx MCM-2 Materials& Construction Methods Item # Subiect 506.3. Laying Water Conduit 506.4. Pipe Joints 506.5. Hydrostatic Test 506.6. Connections to Existing Water Conduits 506.7. Purging and Disinfection of Water Conduits 506.8. Plugs 506.9. Measurements and Payment 507. Open Cut— Wastewater Conduit Installation 507.1. Description 507.2. Materials 507.3. Laying Wastewater Conduit 507.4. Wastewater Conduit Joints 507.5. Test and Inspections 507.6. Measurement and Payment for Wastewater Conduit Installation 508. Open Cut —Storm Water Conduit Installation 508.1. Description 508.2. General 508.3. Reinforced Concrete Pipe for Storm Water 508.4. Corrugated Metal Pipe 508.5. Structural Plate Conduit 508.6. Measurement and Payment for Storm Water Conduit Installation 509. Crossings 509.1. General 509.2. State Highway Crossings 509.3. Street and Alley Crossings 509.4. Railroad Crossings 509.5. Creek and River Crossings 509.6. Measurement and Payment of Crossings DIVISION 600 — CONDUIT & APPURTENANCES 601. Pipeline Rehabilitation 601.1. Description 601.2. General 601.3. General Materials 601.4. General Methods 601.5. PVC Expanded -In -Place (Fold -in -Form) 601.6. Polyethylene (PE) Expanded -In -Place (Deform Reform) 601.7. Cured -In -Place Pipe Liner (CIPP Liner) 601.8. Pipe Bursting With Polyethylene 601.9. Pipe Bursting With Rigid Pipe 601.10. Polyvinyl Chloride (PVC) Profile Gravity Liner Pipe (Segmental Sliplining) 601.11. Measurement and Payment 602. Rehabilitation of Manholes or Underground Vaults 602.1. General 602.2. Submittals 602.3. Quality Assurance Item # Subiect 602.4. Delivery, Storage and Handling 602.5. Rehabilitation 602.7. Inspection and Testing 6012.8. Measurement and Payment 603. Abatement of Coatings Containing Heavy Metals 603.1. General 603.2. Job Plan 603.3. Testing 603.4. Monitoring 603.5. Protection 603.6. Lead -Based Coating Removal 603.7. Lead -Based Coating Encapsulation 603.8. Clean -Up and Disposal 603.9. Payment DIVISION 700 - STRUCTURES 701. General Structures 701.1. Structural Wood Products 701.2. Structural Excavation 701.3. Structural Bolting 702. Concrete Structures 702.1. Concrete Structure Materials 702.2. Mix Design and Mixing Concrete for Structures 702.3. Mix Design & Mixing Lightweight Concrete for Structures 702.4. Constructing Concrete Structures 702.5. Pre -stressed Concrete for Structures 702.6. Pneumatically Placed Concrete (Gunite) 702.7. Drilled Shaft Foundations 702.8. Pre -cast and Cast -In -Place Concrete Units 703. Steel Structures 703.1. Description 703.2. Materials for Steal Structures 703.3. Steel Structure Construction 703.4. Painting Metal Structures 703.5. Measurement and Payment 704. Piling 704.1. Piling Materials 704.2. Driving Piling 704.3. Penetration 704.4. Bearing Resistance 704.5. Constructing Cast -In -Place, Pre -Stressed Concrete Piling 704.6. Measurement and Payment DIVISION 800 — MISCELLANEOUS CONSTRUCTION & MATERIALS 801. Barriers, Warning & Detour Signs, & Fences 801.1. Barriers and Warning and/or Detour Signs 801.2. Metal Beam Guard Fence 801.3.' Railing j:k1enm1\mnaU021-119 sh 5m Iy sdacnoon design\specs\techapecM3 cm(kde).da MCM-3 Materials& Construction Methods Item # Subiect Item # Subiect 801.4. Chain Link Fence 804.3. Galvanizing 801.5.* Wire Fence 804.4. Measurement and Payment 802. Steps and Retaining Walls 605.* Electrical Components and Conduit 802.1. Concrete Steps 805.1. Description 802.2. Concrete Retaining Walls 805.2. General Requirements for Electrical Components 802.3. Segmental Retaining Wall Systems 805.3.* Materials 802.4. Cofferdams 805.4. Conduit Construction Methods 803. Slope and Channel Protection 805.5. Measurement and Payment 803.1. Articulating Concrete Black 806. Metals Materials 803.2.* Gabion Structures 806.1. General 803.3. Riprap 806.2. Structural Steel 803.4. Geotextiles Used in Drainage and Stabilization 806.3. Forgings Applications 806.4. Castings 804. Painting and Other Protective Treatments; 806.5. Copper Pavement Marking 806.6. Bolts, Nuts, and Washers 804.1. Description 804.2. Painting and Marking &Ierical\=a@031-118 sh 5 uGlityrclmadon designVs cs\teohapecV-m&cm(index).docx MCM-4 Materials & Construction Methods CITY OF ANNA, TEXAS SPECIAL PROVISIONS TO THE NORTH CENTRAL TEXAS STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION MATERIALS AND CONSTRUCTION METHODS The North Central Texas Standard Specifications shall be modified and clarified by the addition of the following requirements to the various items. Except when specifically stated, none of the requirements shall be deleted. DIVISION 200 — SITE PROTECTION AND PREPARATION ITEM 201.16 MULCHING Slope and drainage channel seeding shall be in conformance with Item 201.16. Hydromulch Seeding mixture and rate shall be as required under Item 202.6: ITEM 202.2 TOPSOIL 202.2.3. Construction Methods Add the following: ui A minimum of four (4) inches of topsoil shall be provided on all major thoroughfare medians and rights -of -way and on all earthen channel slopes. This will be material imported from off site. The City will approve material prior to (' placement. ITEM 202.6 SEEDING TURF -GRASS Delete the mixture, rate, and planting dates and substitute: Type I Unhulled Perennial Bermuda: Reserve and Spangle Top Grass Seeds (September — March) Type II: Perennial Bermuda Grass — Unhulled: (April — August) A mix of seed shall be used in overlapping seasons. 202.6.4 Construction Methods Add as follows: J All seeding operations shall be performed by either "Drilling" or "Cultipacker" process or approved equivalent. Seed shall be covered by + y;' Topsoil. 202.6.4.1 Description Add the following: The Contractor shall maintain the seeded areas including watering until a "Stand of Grass" is obtained. A "Stand of Grass" shall consist of 75% to 80% coverage, a minimum of one (1) inch in height. Re- seeding will be required in washed areas. 1 j^dedcalWmAMW18sh5uti4ryrclo don desip\spmVechspm\} cm<ityAm MCM-5 Matedals & Construction Methods ITEM 203.3 GENERAL SITE PREPARATION 203.3.2 Construction Methods Add the following: Unless otherwise approved in writing by the City of Anna, where excavation to grade established in the field by the Owner terminates in loose or solid rock, the Contractor shall excavate 6-inches below the required subgrade elevations for the entire roadbed width and shall backfill with suitable selected materials as indicated on the plans. Suitable selected material shall include lime treated subgrade or a base material having a plasticity, index not greater than 12. Payment for such work will be made under the items of unclassified street excavation, lime treated subgrade and hydrated lime. The 6- inch lime treated subgrade or base shall be compacted to 95% densi . ITEM 203.7 EMBANKMENT 203.7.2 Construction Methods Add the following paragraph: Excavated material from the channel which is used as embankment to complete the established alignment, grade and cross-section of the channel shall be compacted to 95% density. 203.7.3 Density Add: Embankment in the City of Anna shall be compacted to not less than 95% of the maximum density. DIVISION 300 — ROADWAY CONSTRUCTION ITEM 301 SUBGRADE. SUB -BASE & BASE PREPARATION 301.1 General Construction Methods Add the following: Prior to final compaction of subgrade, samples of the subgrade material shall be collected by a testing laboratory approved by the City, and laboratory tests made to determine the amount of lime required. The application rate for hydrated lime shall be selected to obtain at least the optimum lime percentage indicated by test method ASTM C977-83a, Appendix XI; however, not less than 27 lbs. per S.Y. shall be applied. A Geotechnical Engineer's report reflecting the recommended application rate and including supporting test data shall be submitted in writing to the City, for approval prior to beginning any lime treatment. Laboratory test may be waived provided a minimum of 36 lbs. per S.Y. is applied. ITEM 301.2 LIME TREATMENT (Add the following) The lime treated subgrade shall be moist cured until covered by other base or pavement up to fourteen (14) days after final compaction. After 14 days without covering an application of 0.10 to 0.20 gallons per square yard emulsified asphalt shall be applied at the Contractor's expense. Reapplication of emulsified asphalt may be required if lime treated subgrade is not covered shortly after first application. Lime treated subgrade may be covered by other base or Pavement when density of 95% of maximum at optimum moisture content is obtained. 301.2.1.2 Quicklime (dry) shall not be used in the construction of roadway work in the City. jMencal�a=1-118s 5 u0ty relocadov designwp csV-sPecWJ cm iy.docx MCM-6 Materials & Construction Methods ITEM 301.3 PORTLAND CEMENT TREATMENT Add the following: Portland cement modification of subgrade soils is not approved in Anna. Subgrade soils means natural ground or embankment encountered in the construction. ITEM 301.5 FLEXIBLE SUB -BASE OR BASE (CRUSHED STONE / CONCRETE) General: Add the sentence: No local limestone material shall be used as flexible base (crushed limestone) on Anna paving projects, unless. otherwise shown on the plans. ITEM 302 ASPHALT PAVEMENT ITEM 302.2 AGGREGATE FOR HOT -MIX ASPHALT PAVEMENT Central Mixing Plant Add the following: When a fly ash admixture is used with Type I cement in the production of Portland cement concrete, separate silos shall be provided for fly ash and cement and provisions shall be made for individual measurements. Finishing Add the following: The finished concrete pavement construction under these specifications is expected to meet certain quality standards for surface of the concrete including the durability, texture, riding surface and appearance. The surface must be durable, firm, dense and well bonded to the aggregate to maintain an appearance and texture which is satisfactory to the Owner. Concrete pavement having a poor surface which has spalled (exposed aggregate) due to poor quality paste, high water -cement ratio, over -vibration, improper curing, extreme weather or any other reason, or does not have a satisfactory riding surface shall be removed and replaced at the Contractor's expense. It is extremely • Machine Finishing Machine finishing of pavement shall include the use of power -driven spreaders, reciprocating type power -driven vibrators, power -driven transverse strike -off, and screed. The concrete pavement shall be consolidated by a reciprocating type mechanical vibrator. As soon as the concrete has been spread between the forms, the mechanical vibrator shall be operated to consolidate the concrete and remove all voids. Hand manipulated vibrators shall be used for areas not covered by the mechanical vibratory unit. The transverse finishing machine shall first be operated to compact and finish the -- pavement to the required section and grade, without surface voids. The machine shall be operated over each area as many times and at such intervals as directed. At least two trips will be required and the last trip over a given area shall be a continuous run of not less than 40 feet. After completion of finishing with the transverse finishing machine a transverse drag float may be used. After the floating has been completed and the excess water removed, but while the concrete is still plastic, the surface of the concrete shall be tested for trueness with an approved 10-foot steel straightedge furnished by the Contractor. The straightedge shall be operated from the side of the pavement, placed parallel to the pavement centerline and passed across the slab to reveal any high sports or depressions. The straightedge shall be advanced along the pavement in successive stages of not more jMe6.p e@831418e 5ugWyMCM-7 Materials BConstruction Methods than one-half its length. Practically perfect contact of the straightedge with surface will be required, and the pavement shall be leveled to this condition, in order to insure conformity with the surface test required below after the pavement has fully hardened and to insure a smooth rideable surface. Any correction of the surface required shall be accomplished by adding concrete if required and by operating the longitudinal float over the area. The surface test with the straightedge shall then be repeated. After completion of the straightedge testing and surface correction the surface of the pavement shall be finished by an approved method. Methods available for pavement surface finish including a burlap drag finish, a broom finish or a belt finish. Unless otherwise shown on the plans, the pavement surface shall be finished with the burlap drag. a. Burlap Drag Finish If the surface texture is to be a drag finish, a drag shall be used; it shall consist of a seamless strip of damp burlap or cotton fabric, and it shall produce a uniform surface of gritty texture after dragging it longitudinally along the full width of pavement. For pavement 16 feet or more in width, the drag shall be mounted on a bridge which travels on the forms. The diameter of the drag shall be such that a strip of burlap or fabric at least 3 feet wide is in contact with the full width of pavement surface while the drag is used. The drag shall consist of not less than two layers of burlap with the bottom layer approximately 6 inches wider than the upper layer. The drag shall be maintained in such a condition that the resultant surface is of uniform appearance and reasonably free from gravels over 1116-inch in depth. Drags shall be maintained clean and free from encrusted mortar. Drags that cannot be cleaned shall be discarded and new drags substituted. b. Broom Finish If the surface texture is to be broom finished, it shall be applied when the water sheen has practically disappeared. The broom shall be drawn from the. center to the edge of the pavement with adjacent strokes slightly overlapping. The broom operation shall be so executed that the corrugation. produced in the surface shall be uniform in appearance and not more than 1/16-inch in depth. Brooming shall be completed before the concrete is in such condition that the surface will be torn or unduly roughened by the operation. The surface thus finished shall be free from rough and porous areas, irregularities, and depressions resulting from improper handling of the broom. Brooms shall be of the quality, size, and construction and shall be operated to produce a surface finish meeting the approval of the Owner. Subject to the approval of the Owner, the Contractor may be permitted to substitute mechanical brooming in lieu of the manual brooming as herein described. c. Belt Finish If the surface texture is to be belt finish, when straightedging is completed and after sheen has practically disappeared and just before the concrete becomes non -plastic, the surface shall be belted with a 2-ply canvas belt not less than 8 inches wide and at least 3 feet longer than the pavement width. Hand belts shall have suitable handles to permit controlled, uniform manipulation. The belt shall be operated with short strokes transverse to the centerline and with a rapid advance parallel to the centerline. • Hand Finishing -- Hand finishing of concrete pavement will be' permitted in areas where it is not practical or possible to construct with finishing machines. These areas include, but are not j:kledcalknna12021-118 sb 5 Wiry rt1m0on dcsign4m\wb-specVJ cw<iq.docn MCM-8 Materials& Construction Methods ITEM 303 ITEM 303.8 limited to, intersections, left turn, lanes, crossovers, transition areas and where the pavement width is not uniform. In all hand finished areas. one-half ('/2) extra sack of cement per cubic yard of concrete shall be used in the mix. In hand finished areas, the concrete shall be struck off with an approved strike -off screed to such elevation that when consolidated and finished the surface of the pavement shall conform to the required section and grade. The strike template shall be moved forward with a combined transverse and longitudinal motion in the direction the work is progressing, maintaining a slight excess of material in front of the cutting edge. The concrete shall then be tamped with an approved tamping template to compact the concrete thoroughly and eliminate surface voids and the surface screeded to required section. After completion of a strike -off, consolidation and transverse screeding, a hand - operated longitudinal float shall be operated to test and level the surface to the required grade. Workmen shall operate the float from approved bridges riding on the forms and spanning the pavement. The longitudinal float shall be held in contact with the surface and parallel to the centerline and operated with short longitudinal strokes while being passed from one side of the pavement to the other. If contact with the pavement is not made at all points, additional concrete shall be placed, if required, and screeded, and the float shall be used to produce a satisfactory surface. Care shall be exercised to keep the ends of the float from digging into the surface of the pavement. After a section has been smoothed so that the float maintains contact with the surface at all points in being passed from one side to the other, the bridges may be moved forward half the length of the float and the operation repeated. Other operations and surfaces tests shall be as required for machine finishing. • Edging at Forms and Joints After the final finish, but before the concrete has taken its initial set, the edges of the pavement along each side of each slab, and on each side of transverse expansion joints, formed joints, transverse construction joints, and emergency construction joints shall be worked with an approved tool and rounded to the radius required by the plans. A well-defined and continuous radius shall be produced and a smooth, dense mortar finish obtained. The surface of the slab shall not be unduly disturbed by tilting of the tool during use. At all joints, any tool marks appearing on the slap adjacent to the joints shall be eliminated by brooming the surface. In doing this, the rounding of the edge shall not be disturbed. All concrete on top of the joint filler shall be completely removed. All joint shall be tested with a straightedge before the concrete has set, and correction shall be made if one side of the joint is higher than the other or if they are higher or lower than the adjacent slabs. PORTLAND CEMENT CONCRETE PAVEMENT PAVEMENT TESTING AND EVALUATION 303.8.2 Pavement Thickness Test Delete in its entirety and substitute therefore the following: Upon completion of the work and before final acceptance and final payment shall be made, pavement thickness tests shall be made by the Contractor. Tests shall be made at 400-foot spacings along the length of the pavement. In the event a deficiency in the thickness of pavement is revealed, two (2) subsequent sets necessary to isolate the deficiency shall be made - one at a jointed section prior j:mIcdcal�na=1-118 h5udhtymlac undmig Vp=\tmhapnMJ m&cm�ay.&r MCM-9 Materials & Construction Methods ITEM 305 ITEM 305.1 to the deficient station and one at a jointed section following the deficient station. Additional tests shall be obtained as necessary, at jointed section intervals to isolate the deficient area. Removal and replacement of concrete shall extend to joint boundaries, the full width of pavement section. If the average thickness of pavement in a particular section is less than called for on the plans, the pavement section shall be removed and replaced with the correct thickness, extending to joint boundaries, the full width of the pavement section, at the Contractor's entire expense. No additional payment over the contract unit price shall be made for any pavement of a thickness exceeding that required on the plans. 303.8.3 Pavement Strength Test Revise the first paragraph to read: During the progress of the work, the Inspector or a commercial laboratory shall cast test cylinders or beams to maintain a check on the strengths of the concrete being placed. Add the following sentence and table: A table titled "PAVEMENT STRENGTH REQUIREMENTS", is provided showing the required pavement thickness, 7-day strength, 28-day strength, minimum cement factor and maximum slump for each street type to be constructed in Anna. Requirements for high strength pavement and less thickness is also shown if required by the City. Add to the 5th paragraph: Test cores shall be obtained within five (5) working days after the 28-day test results have been provided by the commercial laboratory. All test cores shall be obtained by a commercial laboratory, at the Contractors expense. One (1) core shall be obtained in the immediate area of the deficiency and two (2) additional cores shall be obtained - one at a 'oii nted section prior to the deficient station and one at a iointed section following the deficient station. Additional cores shall be obtained as necessary, at 'oii nted section intervals to isolate the deficient area. Removal and replacement of concrete shall extend to joint boundaries, the full width of pavement section. Amend the 2nd paragraph on Page 217 to read "Pavement not meeting the minimum specified 28-day strength after cores have been tested shall be removed and replaced at the Contractors expense." Delete the table and the paragraph below it. PAVEMENT STRENGTH REQUIREMENTS Item Street Width Thick- Compr. Strength Mm. Max. No. Street T e F-F ness 7-Da 28-Day Cement Slum Principal Arterial, Minor 1. Arterial 2-33' & 2-24' 8" 2940 4,000 6.5 3" Collector (including office 2. and comm. Street) 44' to 36' 8" 2500 4,000 6.0 , 3" 3. Residential • 28' 6" 2500 4,000 6.0 3" MISCELLANEOUS ROADWAY CONSTRUCTION CONCRETE CURB AND GUTTER 305.1.3.2 Reinforcing Steel All bars at splices shall be lapped a minimum of 30 diameters of the bar or 12-inches, whichever is greater. &IeHMa a@021-1ISeh5uOGry¢IacaGon desisvkpcaVech-specVJ-m&cmcity.docx MCM-10 Materials& Construction Methods ITEM 305.2 CONCRETE SIDEWALKS, DRIVEWAY APPROACHES. & BARRIER FREE RAMPS 305.2.2.2 Reinforcement Revise the first sentence to read: Driveway approaches and walk reinforcing shall be No. 3 bars on 24-inch centers. 305.2.3 Construction Methods General: Add to end of first paragraph: The drive approach shall have a minimum thickness equal to the thickness of the adjacent street or 6 inches, whichever is greater. 305.2.3.7 Joints Revise second sentence to read: Expansion joints shall be placed in the sidewalk at 20-foot intervals or as otherwise specified by the Owner. DIVISION 400 — ROADWAY MAINTENANCE AND REHABILITATION DIVISION 500 — UNDERGROUND CONSTRUCTION & APPURTENANCES ITEM 501 UNDERGROUND CONDUIT MATERIALS ITEM 501.4 CONCRETE PRESSURE PIPE AND FITTINGS C302 Reinforced Concrete Pressure Pipe, Non Cylinder Type, for Water and Other Liquids, and C300 Reinforced Concrete Pressure Pipe, Steel Cylinder Type, for Water and Other Liquids are not approved for use in the City, unless otherwise shown in the plans or approved in writing. Reinforced concrete cylinder pipe in sizes 16 inches through 21 inches shall be Pretensioned Pipe Type C303. For pipe 42 inches in diameter and above the pipe shall be Prestressed Pipe Type C301. Between 24 inches and 36 inches the pipe furnished may be either type. All pipe shall be designed to withstand the working pressure and external load as shown in the plans. ITEM 501.5 REINFORCE CONCRETE WASTEWATER PIPE WITH RUBBER GASKET JOINTS j ASTM Designation C76 and shall be of the Thick Wall Pipe design with aggregates consisting of limestone aggregate in the proportion of at least 75 percent by weight of the total aggregates, unless otherwise provided in the Special Conditions to the Specifications. ITEM 501.9 STEEL PIPE AND FITTINGS 501.9.2 Applicable Standard Specifications (Add the following) — Contractor shall, submit a written certification that the pipe has been manufactured and tested in accordance with the applicable standards. The pipe shall be manufactured, fabricated, coated and lined by a single manufacture being a certified member in good standing of the Steel Plate Fabricators Association (SPFA). jMedcalhna=1-1 IS sh 5 ufiGty mlocaGon desipppe&tech-spmMl&cm<ity.docn MCM-11 Materials& Construction Methods 501.9.3 Pipe and Fitting Requirements Substitute the following for the sentence following (2) Wall Thickness: All steel pipe to be furnished for this project shall be designed in accordance with AWWA MI 1 for the most critical application of internal pressures and external loads. The following design conditions shall apply: Internal Pressure (Design to account for working and surge together) 1) Working Pressure of 200 psi 2) Surge allowance of 250 psi External Loading for Buried Pipe 1) External loads shall be comprised of the weight of the backfill together with live and' impact loads. Earth loads shall be calculated based on ditch and positive projecting conduit. The earth load for the pipe design shall be the greater of the above two conditions. 2) External live loads shall beat least equivalent to AASHTO HS-20 loading. 3) Modulus of soil reaction (E') < 1000 psi 4) Unit weight of fill (w)> 120 pcf 5) Deflection lag factor (DI) (1.0) 6) Bedding constant (K) = 0.100 7) hw = h = depth of cover above top of pipe 8) Maximum deflection in percent of pipe diameter'shall be ad determined by AWWA MI 1, latest edition, as calculated using moment of inertia of steel cross section of pipe wall. Moment of inertia of cement mortar shall not be included in calculation of maximum deflection. Available Deflections Mortar -lined and coated = 2 percent of pipe diameter Maximum Working Stress The maximum combined stress based on working pressure shall be no greater than 50 percent of the minimum yield strength or 18,000 psi, whichever is less. The maximum combined stress based on test pressure shall be no greater than 75 percent of the minimum yield strength or 24,000 psi, whichever is less. 601.9.4 Joints: Add the following: In general, pipe joints shall be as follows, as indicated on the Drawings or as specified. 1) Flanged joints shall be provided as a minimum at all flanged valves, meters and other equipment. a. Flanges: Unless otherwise noted, flanges shall conform to the requirements of AWWA C207, Table D, E or F as required. b. Flange Bolts and Nuts: Shall be furnished in size and numbers stipulated in AWWA C207. Unless otherwise indicated, bolts shall be carbon steel to meet the requirements of ASTM Designation A307, Grade B for regularjoints. j cledcalW aVO11-118 sh 5 Otty ml=fion design\spas\rochspmW-m&cm<iry.docx MCM-12 Materials & Construction Methods ITEM 502.3 2) Restrained Lap -Welded slip joints (expanded bell) with a single fillet weld 3) Camegie-Shape Rubber Gasket Joint: Bell and spigot rubber gasket joint will be furnished with the bell end of the pipe mechanically expanded to the required internal diameter and the spigot end furnished as a sized Carnegie shape welded to the opposite end of the pipe. The expanded bell and Carnegie spigot shall be designed such that when the pipe is laid and jointed, it will be self-centered, and the 0-ring rubber gasket will be enclosed tightly on all four sides and confined under compression adequate to ensure watertightness. Gaskets to be full -face for use with flat face flanges and ring type for use with raised face flanges. Gasket material for water service pipe shall be cloth inserted rubber sheet, 1/8-inch thick or red rubber, ASTM D1330, Grade 1. Gasket material for air piping shall be as above, but of EPDM. 4) Mechanical Couplings: Mechanical couplings designed to provide a stress relieving flexible joint shall consist of a cylindrical sleeve, two gaskets, two follower rings,and a set of bolts and nuts. a. Sleeves: Manufactured of ASTM A53 steel, for sizes 10-inches and smaller. ASTM A36 steel for sizes 12-inches and larger. Minimum sleeve length shall be five inches for pipe 12-inches and smaller, 7- inches for pipe 14-inches through 24-inches, and 10-inches for pipe larger than 24-inches. b. Follower Rings: Ductile Iron ASTM A536 or AISI Cl 020 Steel c. Bolts and Nuts: High strength low alloy steel with heavy semi -finished hexagon nuts. d. Gaskets: Shall be of synthetic rubber suitable for operating conditions. e. Shop Finish: Manufacturer's standard unless otherwise noted. f. Manufacturer: 'Baker 200, Dresser Style 39, Rockwell Series 411 or approved equal. FIRE HYDRANTS 502.3.1 Materials All fire hydrants furnished shall conform strictly with the latest specification C- 502 of the American Water Works Association Standards for dry barrel fire hydrants and must comply with the following supplementary details and changes or addition. (a) Inlet Connection: Unless otherwise specified the inlet connection shall 'be a six (6) inch standard mechanical joint complete with all joint accessories. The inlet shoe shall be cast of the same or stronger metal than the lower barrel to prevent impact damage of the shoe. The interior of the shoe, including the lower valve plate and/or cap nut shall have a protective epoxy coating of at least 4 mils applied in the shop. If a cap nut is utilized it must be locked in place with a stainless steel lock washer or similar non- corrosive device and all machined surfaces must be protected from water intrusion to prevent corrosion and assure ease of field teardown or maintenance. j:�dericaDama12011-118 il5MCM-13 Materials B Construction Methods (b) Main Valve: The main valve shall be reversible compression type, closing with the pressure and shall be not less than 5-1/4" in diameter. Composition of the main valve shall be molded rubber or neoprene having a durometer hardness of 90 + 5 and shall be not less than 1" thick to protect against hydrant chatter and give long term durability. (c) Outlet Nozzles: All hydrants shall be "three way", equipped with two hose nozzles and one pumper nozzle. (d) Diameter Outlet Nozzles: The hydrant shall have two hose nozzles, two and one-half (2-1/2") inches nominal I.D., and one pumper nozzle four and one-half (4-1/2") inches nominal I.D. with Natural Standard Hose Threads. (e) Nozzle Attachment: All nozzles shall be mechanically connected into the barrel and have "0" Ring pressure seals to provide a positive seal between nozzles and hydrant barrel. A suitable nozzle lock shall be provided and shall be stainless steel or bronze. Nozzles shall not be caulked in. Nozzle caps shall be furnished with pentagon nut the same size as the operating nut. They shall be furnished with interior rubber gaskets that will seat against bronze nozzles. All caps shall be secured to hydrant barrel by heavy duty non -kinking chains with a chain loop on each cap that permits free turning of the cap, for speed and ease of removal by fire fighters. - (f) Operating Nut: The operating nut shall be non -rising, pentagonal shape, measuring 1-1/8" at the top and 1-1/4" at the base from point to flat. Pentagon shall have a depth of at least one and one -quarter inch (1-1/4"). The hydrant shall be constructed in such a manner that the operating nut, "0" Rings and washers can be removed and replaced without removing the bonnet. All bearing surfaces of the operating nut shall be bronze. (g) Holddown Nut: Holddown nut must have intregal weather seal. Resilient seal between holddown nut and operating nut shall prevent debris entry to protect operating nut from damage. (h) Lubrication Reservoir: The hydrant shall have a completely "0" Ring sealed oil reservoir with a minimum of two (2) "0" Ring pressure seals to prevent contamination of the oil around the operating parts of the hydrant. The oil reservoir shall be cast in such a manner that all operating parts shall be repairable without removal of the bonnet to facilitate repairs and shall be of a design that all bearing surfaces and threaded parts will be automatically lubricated upon each operation of the hydrant. If bearing surfaces are not lubricated, the design shall keep operating friction to a minimum. A high wear resistant thermoset plastic anti -friction washer shall be in place above the thrust collar to minimize operation torque and facilitate long term ease of operation— The operating threads must be sealed against contact with water to all times regardless of open or closed position of main valve. The hydrant shall have the capability of field personnel to visually. check oil level and add additional oil if needed. Filler and inspection plug shall be recessed or flush type. Traffic Feature: Hydrants shall be "traffic model" having upper and lower barrel joined approximately two inches (2") above the groundline by a breakable "swivel" flange providing 360 degree rotation of the upper barrel for nozzle positioning and must be capable of rotating barrel with line pressure on. The groundline shall not be less than eighteen inches (18") j:kledcaRmm@021-I IS sh 5 utility No dw desig Vk VechapccV ,m<ity.do x MCM-14 Materials & Construction Methods 1, J below the centerline of the lowest nozzle and shall be clearly marked in a permanent manner on the lower barrel. A breakable stainless steel stem coupling shall join the two-piece stem adjacent to the ground line flange. Screws, clevis pins, fasteners or bolts used in the coupling shall be Series 300 stainless steel. The weakened portion of the stem coupling shall be located to divert pressure from .the stem coupling directly to the upper and lower stems when torque is applied in seat ring removal. Design of the coupling shall be such that when the coupling is broken, no part of the coupling will shatter or come loose and fall into hydrant and the break will not occur through the pins or bolts holding the coupling to the stem. Q) Drain Valve Assembly: Hydrants shall be equipped with two drain valves which drain the barrel when the hydrant is closed and seal shut when the hydrant is in the open position. The upper valve plate,' seat ring and drain ring (shoe bushing) must be bronze and work in conjunction to form an all bronze drainway. Upper valve plate if not bronze, must be epoxy coated. The bronze seat ring shall be a minimum 5-1/4" inside diameter and shall thread into a bronze drain ring forming an all bronze drainway with two (2) drain outlets for double protection against drain clogging and corrosive damage. All bronze components shall have less than 16% zinc alloy, Grade A to give high corrosion resistance as recommended 'in Section 2.1, Table I of American Water Works Association Standard C-502. Seat ring seals shall be "0" Rings. Hydrant shall be designed so that during opening and closing operation(s), water pressure force flushes the drain valve and drain openings to prevent clogging, thus allowing barrel drainage: (k) Repair: All internal operating .parts shall be removable from above ground level with a' lightweight stem wrench. (1) Provisions for Extension: All hydrants shall be capable of being extended to accommodate future grade changes without excavation. Extension of the hydrant shall be made by adding at the groundline flange a new coupling and stem section equal to the length of the extension. This must facilitate easy field grade adjustment. Stem extensions made by adding new section of stem to the threaded section of the stem at the top of the hydrant will not be' accepted. Extension kits must be available from manufacturer in six-inch (6") increments. (m) Pressure Loss and Working Pressure: Pressure loss through one (1) four and one-half inch (4-1/2") nozzle at 1000 GPM shall not be more than 5.0 psi. j:YItricahan 031-IIBsh5u61ityrt1owGoodnigalspmltechapacVJ-m&cm<iry.dacn MCM-15 Materials BConstruction Methods M ITEM 502.6 VALVES 502.6.2 Resilient -Seated Gate Valves for Ordinary Water Works Service Unless otherwise approved in writing, all Gate Valves for direct buried service in the City's distribution system, 6 inches through 12 inches in diameter, shall be Resilient Seated Gate Valves that conform strictly with the latest specification C-509 of the American Water Works Association Standards and must comply with the following supplementary details, changes or additions. (a) Body: Gate valves shall be iron body designed for a working pressure of 250 psi. All valves shall be hydrostatically tested at 200 psi and shell tested at 500 psi. Any leakage during testing shall be cause for rejection. For ease of repair the body, bonnet and stuffing box shall be flanged together with ASTM Grade B bolts and nuts. Each valve shall have the maker's initials, pressure rating, and year in which manufactured cast in the body. (b) Stems: Stems shall be machined from manganese bronze rod with an integral forged thrust collar machined to size. The stems shall be non -rising and equipped for nut operation, which shall be opened by turning to the left. (c) Stem Seals: The seals shall consist of two "0" rings above and one "0" ring below the thrust collar. An anti -friction washer shall be located above and below the thrust collar for operating torque. (d) Stem Nut: The stem nut shall be ASTM'B-62 bronze. (e) Resilient Wedge: The wedge shall be cast iron, fully encapsulated in molded rubber complying with ASTM D2000. Wedge must have molded wedge guides preventing the disc from tilting downstream during operation. Protective guide cap bearings made of polymer bearing material to provide a bearing interface between the wedge guide and valve interior. (f) Paint and Protective Coatings: All valves furnished under these specifications shall be painted on the exterior as specified in AWWA C509 with asphalt varnish. All ferrous metal surfaces in the internal part of the valve shall be protected with a fusion epoxy coating 'to a nominal thickness of 10 mils for corrosion protection and shall be of a color that is easily identified as an epoxy coating. The proguard fusion epoxy coating shall fully comply with AWWA C550 and certified NSF 61. The coating shall be 'non -toxic and shall not impart taste to water. The coating must be formulated from materials deemed acceptable per the Food & Drug Administration Document Title 21 of the Federal Regulations of Food Additives, Section 121.2514 entitled Resins and Polymeric Coatings. The coating shall 'have a satin finish and shall be suitable for field overcoating and touchup with the same coating' material without sanding or special surface preparation, or application of heat in excess of room temperature. (g) Experience and Certification: Valves, furnished under these specifications, shall be manufactured by a firm that has been producing valves of this general type continuously for. the past 'five (5) years. Each company or. j:kledcalm a=1-118s 5udusy ml=dox desi8xlspea\sechspmtl m&c hy.d x MCM-16 Materials & Construction Methods manufacturer supplying valves under these specifications shall have on file, with the City of Anna, approved records of experience and detailed drawings of the proposed valves. Drawings shall cover the specific valve to be furnished for installation and shall show all dimensions including metal thickness, construction details and materials used in all parts of the valve together with ASTM Designation and Structural properties of these materials. The manufacturer shall furnish to the City of Anna, a Certification that the valve complies with the specifications without any exceptions. This certification shall apply to specific valves being installed within the City water distribution system. The certification shall state (1) the number of valves covered by the certifications, (2) the Addition where valves are being installed or the Project Name, and (3) name of Contractor installing valves. The City may require the Manufacturer, Supplier or Contractor to dismantle valves at any time to determine compliance with these specifications. Location of any valve within the City system, installed after adoption of these specifications, that does not meet the specifications completely shall be cause for prohibiting the future use of any valves from the same manufacturer. (h) Tapping Sleeves: The materials for tapping sleeve bodies shall be cast-iron or ductile -iron in accordance with AWWA Standard CI 10 (ANSI 21.10), in two sections, or halves to be bolted together with high -strength, corrosion resistant, low alloy steel bolts conforming to AWWA Standard C111 (ANSI 21.11). Cast iron and ductile -iron sleeve shall be mechanical joint, or as specified, or dimensions to secure, proper fit on the type and class of pipe on which they are to be used. Each sleeve shall be furnished with a 3/8-inch test opening so that tests can' be made prior to tapping. Opening shall be provided with a 3/8-inch bronze plug. 502.6.5 Butterfly Valves (Add the Following) All Butterfly Valves for installation underground in the City's distribution system 16 inches through 48 inches shall be in accordance with this specification. All butterfly valves furnished shall conform strictly with the latest specification C- '504 of the American Water Works Association Standard for rubber -seated butterfly valves and must comply with the following supplementary details and changes or addition. (a) Body: The body shall be cast-iron ASTM A126, Class B and shall have face 'to face dimensions in accordance with AWWA Standards for short body, Class '150-B. All butterfly valves shall have a floating body seat ring to compensate for change in direction of flow to assure bottle -tight seal in either direction. (b) Shaft: Valve shafts shall be an 18-8, Type 304 stainless steel. Valve disc and shaft shall be standard self-adjusting Chevron "V" type packing. Shaft seals shall be of a design allowing replacement without removing the valve shaft. j:mi<n�.,U021-118 n5 "Iy oodalymUpe cnh-:PM]lmAcmdq.dwx MCM-17 Materials B Construction Methods (c) Disc and Seat: The valve disc shall be cast iron ASTM A126, Class B. The valve seat shall be Buna-N located on the valve body. Valves 20" and smaller shall have a bonded seat that meets test procedures in ASTM D429, Method B. Valves 24" and larger shall be retained in the valve body' by mechanical means without the use of metal retainers or other devices located in the flow stream. (d) Operator: Butterfly valve operators shall be of the traveling nut design. All operators shall have adjustable mechanical stop limiting devices to prevent over travel of the disc. The operator shall have a mechanical stop which will withstand an input torque of 450 Ft. lbs. against the stop. The traveling nut shall engage alignment grooves in the housing. (e) Operation: Unless otherwise shown in the plans, all valves shall open counter clockwise. (f) Valve Ends: Valve ends shall be Mechanical Joint End, or Flanged Ends. Mechanical joint valves shall come complete with bolts, nuts, gaskets and glands. It shall be the responsibility of the Contractor to coordinate the ends of the adjoining pipe with the type valve end he proposes to use. (g) Testing: All valves seats shall be tested at 150 psi as described in AWWA C-504 and in addition shall have a shell test of 300 psi. Any leakage shall be cause for rejection. (h) Paint and Protective Coatings: All butterfly 'valves furnished under these specifications shall be painted on exterior as specified in AWWA C-504, with asphalt varnish. All ferrous metal surfaces in the internal part of the valve shall be protected with a two-part thermoset epoxy coating to a nominal thickness of 4 mils for corrosion protection and shall be of a color that is easily identified as an epoxy coating. This shall be applied in shop. The thermoset epoxy coating shall be a two-part epoxy and shall function as a physical, chemical and electrical barrier between the base metal to which it is applied and the surroundings. The coating shall be non -toxic and shall not impart taste to water. The coating must be formulated from materials deemed acceptable per the Food & Drug Administration Document Title 21 of the Federal Regulations of Food Additives, Section 121 .2514 entitled Resins & Polymeric Coatings. The coating shall have a satin finish and' shall be suitable for field overcoating and touchup with the same coating material without sanding or special surface preparation, or application of heat in excess of room temperatures. (i) Experience and Certification: Butterfly valves, furnished under these specifications, shall be manufactured by a firm that has been producing valves of this general type continuously for the past five (5) years. Each company or manufacturer supplying valves under these specifications shall have on file, at the City of Anna, approved records of experience and detailed drawings of the proposed valves. Drawings shall cover the specific valve to be furnished for installation in the City of Anna and shall show all dimensions including metal thickness, construction details and materials used in all parts of the valve together with ASTM Designation and structural properties of these materials. pkk6WW =14lea 5wIily.1.fi "deeignlspeeaVedrspm�2}m .iy.d. MCM-18 Materials & Construction Methods The manufacturer shall furnish to the City, a Certification that the valve complies with the specifications without any exceptions. This certification shall apply to specific valve being installed with the City water distribution system. The certification shall state (1) the number of valves covered by the certification, (2) the Addition where valves are being installed or the Project Name and (3) name of Contractor installing valves. The City may require 'the Manufacturer, Supplier or Contractor to dismantle valves at any time to determine compliance with these specifications. Location of any valve with the City system, installed after adoption of these specifications, .that does not meet the specifications completely shall be cause for prohibiting the future use of any valves from the same manufacturer. ITEM 504 OPEN CUT - BACKFILL ITEM 504.2 MATERIALS 504.2.2.1 Add the following sentence: All stone used for pipe embedment shall be standard crushed rock -aggregate, Grade 4, unless otherwise approved in writing. ITEM 504.3 EXCAVATION AND FOUNDATION Prior to start of excavation the Contractor shall remove and stockpile the Topsoil and protect the Topsoil from contamination during construction. After the trench has been refilled, topsoil shall be replaced to the extent that rock, excavated from the trench, will be completely covered and the area is returned to its original condition, except that in cultivated areas a minimum of 12 inches of top soil shall be replaced. ITEM 504.4 BACKFILL— GENERAL REQUIREMENTS The material used in the backfill shall be pulverized to the extent necessary to produce, a free flowing material free of clay balls larger than 6-inch diameter. ITEM 504.5 EMBEDMENT (Add the Following) Rock Cuttings or Sand will not be permitted in the pipe bedding for sanitary sewer or water lines in the City of Anna. 504.5.2.15 Class "H" Embedment: The embedment consists of a completely encased pipe with Standard Crushed Stone, Grade 4. Class "H" Embedment shall be used on the P.V.C. Sanitary Sewer Pipe installed within the City of Anna. After the trench has been cut to a depth below the barrel of the pipe a distance of 1/8 Bc (3 inches minimum and 6 inches maximum), the bedding layer shall be brought to a point slightly above grade with compacted crushed stone. Bell holes shall be formed and the pipe laid and joined as specified. The stone shall be brought up in uniform layers of six inches to a point six inches over the top of the pipe when compacted. On PVC Pipe 18 inches through 27 inches in diameter the crushed stone shall be brought up in uniform layers to a point nine inches over the top of the pipe when compacted. j.klenwIWa@021-1 IS: 5 u0Gty m1matiun deeignkpemV hapmM-m&=m ity.dmx MCM-19 Materials& Construction Methods ITEM 506 OPEN CUT — WATER CONDUIT INSTALLATION 506.3 506.5 Laving Water Conduit Valves for installation in the City's distribution system shall be installed by direct burial as shown on the standard detail sheets and shall be provided with valve boxes for operation of the valve. Hydrostatic Test: All hydrostatic tests shall be maintained over a period of not less than four hours. "Before being accepted, all ductile iron, C-900 PVC or concrete cylinder water mains shall be tested with a hydraulic test pressure of not less than four hours. Concrete pressure pipe shall be tested with a hydraulic test pressure of 120 percent of the design pressure. Steel pressure pipe shall be tested with a hydraulic test pressure not to exceed 150 percent and not less than 120 percent of the designed working pressure. The rate of leakage of all pipe tested shall not exceed the amounts shown in the tables titled "Hydrostatic Test-C-900 PVC, Steel or Ductile Iron Water Mains" or "Hydrostatic Test -Concrete Cylinder Water Mains". Water lines of material in combination shall be tested for the type of pipe (material) with the least stringent hydraulic test pressure and maintained over a period of not less than four hours." j:blcrical nv@021-118e5u0tyml=6nMCM-20 Materials BConstruction Methods HYDROSTATIC TEST C-900 OR 905 PVC, STEEL OR DUCTILE -IRON WATER MAINS GALLONS ALLOWED L.F. Pipe Diameter Pie 4" 8" 8" 10" 12" 14" 161, 18" 20" 5 0.016 0.024 0.032 0.039 0.047 0.055 0.063 0.071 0.079 10 0.032 0.047 0.063 0.079 0.095 0.110 0.126 0.142 0.158 20 0.063 0.095 0.126 0.158 0.189 0.221 0.253 0.284 0.316' 30 0.095 0.142 0.189 0.237 0.284 0.331 0.379 0.426 0.473 40 0.126 0.189 0.253 0.316 0.379 0.442 0.505 0.568 0.631 50 0.158 0.239 0.316 0.396 0.473 0.552 0.631 0.710 0.789 60 0.189 0.284 0.379 0.473 0.568 0.663 0.758 0.852 0.947 70 0.221 0.331 0.442 0.552 0.663 0.773 0.894 0.994 1.105 80 0.253 0.379 0.505 0.631 0.756 0.884 1.010 1.136 1.263 90 0.284 0.426 0.568 0.710 0.852 0.994 1.136 1.278 1.420 100 0.316 0.473 0.631 0.789 0.947 1.105 1.263 1.420 1.578 200 0.631 0.947 1.263 1.578 1.894 2.210 2.525 2.841 3.157 300 0.947 1.420 1.894 2.367 2.841 3.314 3.788 4.261 4.735 400 1.263 1.894 2.525 3.157 3.788 4.419 5.051' 5.682 6.313 500 1.578 .2.367 3.157 3.946 4.735 5.524 6.313 7.102 7.891 600 1.894 2.841 3.788 4.735 5.682 6.629 7.576 8.523 9.470 700 2.210 3.314 4.419 5.524 6.629 7.734 8.838 9.943 11.048 800 2.525 3.788 5.051 6.313 7.576 8.838 10.101 11.364 12.626 900 2.841 4.261 5.682 7.102 8.523 9.943 11.364 12.784 14.205 1000 3.157 4.735 6.313 7.891 9.470 11.048 12.626 14.205 15.783 Maximum allowable water loss in 4 hours at 180 pounds per square inch of pressure for a rate of 25. gallons per inch diameter of pipe per mile over a 24-hour period EQUATION THE ABOVE CHART IS BASED ON: Maximum Loss (Gal.) = 25 x Diameter of Pipe in Inches x L.F. of Pipe x 4 5280 24 jAcle6colbm Z031-118sh5mfitym1mauon&sienVs sN h-spmM-m&cm<ity.d x MCM-21 Materials & Construction Methods HYDROSTATIC TEST CONCRETE CYLINDER WATER MAINS GALLONS ALLOWED L.F. Pipe Diameter Pipe 4" 6" 8" 10" 12" 14111 16" 18" 20" 5 0.031 0.047 0.063 0.078 0.095 0.110 0.126 0.142 0.158 10 0.063 0.095 0.126 0.158 0.189 .0.221 0.253 0:284 0.315 20 0.126 0.189 0.253 0.316 0.379 0.442 0.505 0.568 0.631 30 0.188 0.284 0.379 0.473 0.568 0.663 0.758 0.852 0.947 40 0.253 0.379 0.505 0.631 0.758 0.884 1.010 1.136 1.263 50 0.316 0.473 0.631 0.789 0.947 1.105 1.263 1.420 1.578 60 0.379 0.568 0.758 0.947 1.136 .1.326 1.515 1.704 1.894 70 0.442 0.663 0.884 1.105 1.326 1.547 1.768 1.989. 2.210 80 0.505 0.758 1.010 1.263. 1.515 1.768 2.020 2.273 2.525 90 0.568 0.852 1.136 1.420 1.704 1.989 2.273 2.557 2.841 100 0.631 0.947 1.263 1.578 1.894 2.209 2.525 2.841 3.156 200 1.263 1.894 2.525 3.156 3.788 4.419 5.050 5.682 6.313 300 1.894 2.841 3.788 4.735 5.682 6.628 7.575 8.522 9.470 400 2.525 3.788 5.050 6.313 7.575 8.838 10.100 11.363 12.626 500 3.158 4.735 6.313 7.891 9.470 11.047 12.626 14.204 15.782 600 3.788 5.682 7.575 9.469 11.363 13.257 15.151 17.045 18.938 700 4.419 6.628 8.838 11.047 13.257 15.468 17.676 19.885 22.095 800 5.050 7.575 10.100 12.626 15.152 17.676 20.201 22.726 25.251 900 5.682 8.522 11.363 14.204 17.044 19.886 22.726 25.567 28.405 1000 6.313 9.469 12.626 15.782 18.939 22.096 25.253 28.408 31.564 Maximum allowable water loss in 4 hours at 180 pounds per square inch of pressure for a rate of 50 gallons per inch diameter of pipe per mile over a 24-hour period EQUATION THE ABOVE CHART IS BASED ON: Maximum Loss (Gal.) = 50 x Diameter of Pipe in Inches x L.F. of Pipe x 4 5280 24 gmlencei�aUU21-118 ,5 umfitymlma�on &sig"�ac Vcch�p«M-� m<ar.aoc. MCM-22 Materials B Construction Methods ITEM 506.7 Purging and Disinfection of Water Conduits (Add the following) On all waterlines installed in the City of Anna the Contractor shall be responsible for Purging, Testing and Sterilization of the completed lines. DIVISION 600 — CONDUIT AND APPURTENANCES REHABILITATION ;E -` DIVISION 700 — STRUCTURES DIVISION 800 — MISCELLANEOUS CONSTRUCTION & MATERIALS ITEM 801.3 RAILINGS Reflectorized marking for guard rail and other traffic control used shall meet the _ requirements of 3M Scotchlite Brand Reflective Sheeting Grade, Series 2800, 3800 or 5800, or equal. The. marking shall conform to U.S. Department of Transportation, Federal _ Highway Administration, STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS, 1979 FP-79, Type III A, Sections 633.36 and 718.01 and Federal Supply Service, General Services Administration, LS-300 C, SHEETING AND TAPE REFLECTIVE NON -EXPOSED LENS, Reflectivity 2, Class 4. ITEM 801.5 WIRE FENCING 801.5.2.1 Wire Fencing Fabric: All chain link fencing shall be No. 9 gage copper bearing open-hearth steel wire. 801.5.2.2 Posts 801.5.2.2.1 Metal: All posts shall be heavily galvanized by the hot -dip process after fabrication and shall be fitted with watertight malleable iron caps. All posts shall be of the following size and shape: Line Posts: "H" Section hot rolled weighing not less than 4.10 pounds per linear foot or 3-1/2-inch O.D. pipe weighing not less than 3.65 pounds per linear foot. Terminal Posts: Three inch (3") steel pipe weighing not less than 5.79 pounds per linear foot. Gate Posts: Four inch (4") O.D. steel pipe weighing not less than 9.11 pounds per linear foot. 801.5.2.3 Rails. Gates. Braces and Fittings: Shall be 1-5/8 inch steel pipe weighing not less than 2.27 pounds per linear foot. j.bkn.vl .m 021-118sh5MCM-23 Materials& Construction Methods i f ITEM 803.2 GABION STRUCTURES 803.2.2 Materials Add the sentence: All wire used, including tie and connecting wire, shall be certified by Mill Test Reports showing compliance with specification requirements. 803.2.2.2 Stone Add the following: Facing stone shall be hand selected, large stone and shall be selected for best appearance. Facing stone shall be an off-white color and prior to laying the stone, samples shall be delivered' to the site and shall be approved 'by the Engineer for gradation and appearance. ITEM 805 ELECTRICAL COMPONENTS AND CONDUIT ITEM 805.3 MATERIAL (Add the following) Pull Box. All pull boxes shall be Quazite precast polymer concrete, or approved equal. Boxes shall be approximately 17" x 30" x 30" and shall be furnished with a concrete cover. jAcic6cNW U021-1I8s 5 W0iy No flon desip\sp=\tnbspmVlm&cm<st .&cx MCM-24 Materials & Construction Methods TECHNICAL SPECIFICATIONS Civil S.H. 5 UTILITY RELOCATIONS - PHASE I TECHNICAL SPECIFICATIONS SECTION TS1 - VALVES TS1.01 BUTTERFLY VALVES All Butterfly Valves for installation underground in the City's distribution system 16-inches through 48-inches shall be in accordance with this specification. All butterfly valves furnished shall conform strictly to the latest specification of the American Water Works Association Standard for rubber -seated butterfly valves AW WA C-504 and NCTCOG Item 502.6.5.3 Ends, and must comply with the following: A. Valve Ends: Butterfly valve ends shall be Class 150 Flanged Ends. B. Paint and Protective Coatings: All butterfly valves famished under these specifications for underground installation shall be painted on exterior as specified in AWWA C -504, with asphalt varnish. All ferrous metal surfaces in the internal part of the valve shall be protected with a two-part thermostat epoxy coating to a nominal thickness of 4 mils for corrosion protection and shall be of a color that is easily identified as an epoxy coating. This shall be applied in shop. The thermostat epoxy coating shall be a two-part epoxy and shall function as a physical, chemical, and electrical barrier between the base metal to which it is applied and the surroundings. The coating shall be non -toxic and shall not impart taste to water. The coating must be formulated from materials deemed acceptable per the Food & Drug Administration Document Title 21 of the Federal Regulations of Food Additives; Section 121.2514 entitled Resins & Polymeric Coatings. The coating shall have a satin finish and shall be suitable for field overcoating and touchup with the same coating material without sanding or special surface preparation, application of heat in excess of room temperatures. C. Experience and Certification: Butterfly valves, furnished under these specifications, shall be manufactured by a firm that has been producing valves of this general type continuously for the past five (5) years. Butterfly valves shall be manufactured by Crispin/K-Flo, M & H, Mueller/Pratt, DeZurik, Clow, Valmatic, or approved equal. TS1.02 GATE VALVES All Gate Valves furnished shall be Resilient Seated Gate Valves that conform strictly to the latest specification C-509 of the American Water Works Association Standards and must comply with the following supplementary details, changes or additions. A. Body: Gate valves shall be iron body designed for a working pressure of 200 psi. All valves shall be hydrostatically tested at 200 psi and shell tested at 400 psi. Any leakage during testing shall be cause for rejection. For ease of repair the body, bonnet and stuffing box shall be flanged together with ASTM Grade B bolts and nuts. Each valve shall have the maker's initials, pressure rating, and year in which manufactured cast in the body. B. Stems: Stems shall be machined from manganese bronze rod with an integral forged thrust collar machined to size. The stems shall be non -rising and equipped for nut operation, which shall be opened by turning to the left. C. Stem Seals: Amended to read: Stems shall be O-ring sealed either above or below thrust collar. An antifriction washer shall be located above the thrust collar for operating torque. j.kk6W�.U021-118 sh 5 wMyrtlowGov daigv\p Nwhepakiti ]vzlvrd.. TSM Valves D. Stem Nut: Amended to read: Stem nut can be either integral cast with valve disc or separately installed into disc. Nut shall be waterworks bronze. Manufacturer shall submit an exact formula used to determine number of turns required to affect complete closure of each size resilient seated valve supplied under these specifications. E. Paint and Protective Coatings: All gate valves furnished under these specifications for direct burial shall be painted on the exterior as specified in AWWA C-509 with asphalt varnish, for valve installation inside the elevated tank the exterior shall be coated with an epoxy equivalent to the interior valve coating. All ferrous metal surfaces in the internal part of the valve shall be protected with a two-part thermostat epoxy coating to a nominal thickness of 4 mils for corrosion protection and shall be of a color that is easily identified as an epoxy coating. The thermostat epoxy coating shall be a two-part epoxy and shall function as a physical, chemical, and electrical barrier between the base metal to which it is applied and the surroundings. The coating shall be non -toxic and shall not impart taste to water. The coating must be formulated from materials deemed acceptable per the Food & Drug Administration Document Title 21 of the Federal Regulations of Food Additives, Section 121.2514 entitled Resins and Polymeric Coatings. The coating shall have a satin finish and shall be suitable for field overcoating and touchup with the same coating material without sanding or special surface preparation, or application of heat in excess of room temperature. F. Experience: Valves, furnished under these specifications, shall be manufactured by a firm that has been producing valves of this general type continuously for the past five (5) years. Gate valves shall be manufactured by M & H, American Flow Control, Mueller, Clow, or approved equal. G. Valve Actuators shall include all gearing, scrapers, etc., for horizontal operation of the valves as shown in the plans. All actuators shall be for direct bury service. Exterior valves may be set in vertical position. H. All gate valves shall be flanged end x flanged end. j:klmmp aUO21-118sh5vdvcs.d x TS1-2 Valves