Loading...
HomeMy WebLinkAboutRes 2023-06-1455 Awarding Construction Agreement with A&C Construction for Slayter Creek, Henry Clay Yank Washington, & Natural Springs Parks Improvements.CITY OF ANNA, TEXAS RESOLUTION NO. ;Z023-06o— IL455 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONTRACT AGREEMENT FOR THE CONSTRUCTION OF PARK IMPROVEMENTS AT HENRY CLAY "YANK" WASHINGTON PARK, NATURAL SPRINGS PARK AND SLAYTER CREEK PARK WITH A&C CONSTRUCTION. WHEREAS, the City Council of the City of Anna, Texas, ("City Council") finds that the change order with Kraftsman Play is instrumental and necessary to the construction of improvements at Henry Clay "Yank" Washington Park, Natural Springs Park and Slayter Creek Park; and WHEREAS, the City Council considers park improvements at Henry Clay "Yank" Washington Park, Natural Springs Park and Slayter Creek Park to be beneficial to the neighbors of Anna, Texas, meeting several goals and objectives set forth in the Strategic Plan adopted by City Council; and WHEREAS, the City Council approves the contract agreement with A&C Construction to include the following fee: "The total amount for fiscal years 2023 and 2024: $3,518,414." NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes as set forth in full. Section 2. Approval and Authorization of Agreement. The City Council hereby approves the extension attached hereto as Exhibit 1 to enter into a construction agreement with A&C Construction and ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize and enforce the construction agreement A&C Construction PASSED, APPROVED, AND ADOPTED on first and final reading on this 13t' day of June, 2023. ATTEST: APPROVED: CONTRACT AGREEMENT THIS M of Anna Parks Natural Springs Park: Small parking lot with lighting, erosion control, irrigation & landscaping. Slayter Creek Park: Large parking lot expansion with lighting, address drainage issues, nine pickleball courts and two full-size basketball courts; remove existing gazebo. Henry Clay "Yank" Washington Park: A half -court basketball court, pedestrian connection to a new trail around an existing playground, relocation of irrigation heads, benches, and trash cans; additional site furniture and drinking fountains. Contract (hereinafter this "Contract Agreement") entered into this day of , 20 by and between the CITY OF ANNA TEXAS a Texas municipal corporation, ("City") and ABC CONSTRUCTION, INC_located at 1400 Irving Blvd Ste 201, Irving, TX 75061 ("Contractor"). WIT NESSETH: WHEREAS, the City wishes to contract for the project identified as City of Anna Parks (Natural Springs Park, Slayter Creek Park, and Henry Clay "Yank" Washington Park (the "Project"); and WHEREAS, the Project shall include all work and activities necessary to complete the following scope of work (hereinafter referenced as "Work"): City of Anna Parks (Natural Springs Park: Small Parking lot with lighting, erosion control, irrigation & landscaping; Slayter Creek Park: Large parking lot expansion with lighting, address drainage issues, nine pickleball courts and two full- size basketball courts; remove existing gazebo; Henry Clay "Yank" Washington Park: A half - court basketball court, pedestrian connection to a new trail around an existing playground, relocation of irrigation heads, benches, and trash cans; additional site furniture and drinking fountains) in accordance with the Contract Documents as that term is defined herein; and WHEREAS, the Contractor has represented to the City that its personnel are qualified to provide the Work required in this Contract Agreement in a professional, timely manner as time is of the essence; and WHEREAS, the City has relied upon the above representations by the Contractor, and WHEREAS, the City's consultant has recommended that an agreement for aforesaid construction be entered Into with the Contractor, NOW, THEREFORE, for and in consideration of these premises, of the mutual covenants herein set forth, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: Section 1. DOCUMENTS INCORPORATED BY REFERENCE This Contract Agreement includes the recitals set forth above and the following documents: Invitation to Bid; Notice to Bidders; Qualification Statement of Bidders; Qualification Statements of Personnel; Qualification Statement of Bidder's Surety; Vendors Compliance to State Law; Conflicts of Interest Questionnaire; Affidavit Against Prohibited Acts; Proposal and Bid Form; Request for Certificate of Exemption from Texas Limited Sales, Excise and Use Tax; Contract Agreement; Bidders Bond; Performance Bond; Payment Bond; Maintenance Bond; Certificate of Insurance; Notice to Proceed; Any executed Change Orders; Supplementary General Provisions and Technical Specifications; and, Plans, Specifications and Drawings and all other documents made available to bidder for his inspection In accordance with Invitation to Bid, all of which are hereby incorporated herein by reference, whether or not attached hereto, and made a part hereof (hereinafter along with this Contract Agreement and referenced collectively as the "Contract" or "Contract Documents"). Change Orders issued hereafter, Construction Change Directives, a Direction for a Minor Modification In the Work issued by the City, and any other amendments executed by the City and the Contractor, shall become and be a part of the Contract Documents. Documents not Included or expressly contemplated in this Section 1 do not, and shall not, form any part of the Contract. The Contract Documents are intended to be complementary, and a requirement in one document shall be deemed to be required in all documents. However, in the event of any conflict between any of the above -listed documents and this Contract Agreement, this Contract Agreement shall control Section 2. REPRESENTATIONS OF THE CONTRACTOR In order to induce the City to execute the Contract and recognizing that the City is relying thereon, the Contractor, by executing the Contract, makes the following express representations to the City: 2.01 The Contractor is fully qualified to act as the general contractor for the Project and has, and shall maintain, any and all licenses, permits or other authorizations necessary to act as the general contractor for, and to construct the Project; 2.02 The Contractor has become familiar with the Project site and the local conditions under which the Project is to be constructed and operated; 2.03 The Contractor has received, reviewed and examined all of the documents which make up the Contract, including, but not limited to all plans and specifications, and has found them to the best of its knowledge, to be complete, accurate, adequate, consistent, coordinated and sufficient for construction. Section 3. INTENT AND INTERPRETATION With respect to the intent and interpretation of the Contract, the City and the Contractor agree as follows: 3.01 This Contract Agreement (along with its exhibits and other documents expressly referenced in Section 1, above), together with the Contractor's and Surety's bid/proposal bond, performance and payment bonds, and maintenance bonds for the Project constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements. 3.02 Anything that may be required, implied or reasonably inferred by the documents which make up the Contract, or any one or more of them, shall be provided by the Contractor with no increase to the Contract Price; 3.03 Nothing contained in the Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the City and any person except the Contractor; 3.04 When a word, term, or phrase is used in the Contract, it shall be interpreted or construed first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage; 3.06 Wherever the Contract calls for "strict' compliance or conformance with the Contract Documents as to matters —other than compliance with time limits, providing an updated schedule, and claim and change order procedures --the term shall mean within tolerances as described specifically in the Contract Documents, or if not specifically described, within industry standards and tolerances for deviation for the specific item or procedure in question; 3.06 The words "include", "includes", or "including", as used in the Contract, shall be deemed to be followed by the phrase, "without limitation;" 3.07 The listing herein of any items as constituting a material breach of the Contract shall not imply that any other, non -listed item will not constitute a material breach of the Contract; 3.08 The Contractor shall have a continuing duty to read, examine, review, compare and contrast each of the documents which make up the Contract, shop drawings, and other submittals and shall give written notice to the City of any conflict, ambiguity, error or omission which the Contractor may find with respect to these documents, before proceeding with the associated part of the Work. The express or implied approval by the City or its designee of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with the Contract. If the Contractor performs any activity knowing it involves an error, inconsistency or omission which was recognized, obvious, or reasonably should have been recognized, without such notice to the City, the Contractor shall assume responsibility for such performance and shall bear the costs for correction; 3.09 In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up the Contract, the following shall control: (1 j as between this Contract Agreement and any other document, this document shall govern; or, (2) in the case of any conflict, discrepancy or inconsistency among any of the other Contract Documents, and such conflict is not resolved by reference to the Supplementary General Provisions and Technical Specifications, then the Contractor shall notify the City immediately upon discovery of same for resolution. Section 4. CONTRACTOR'S PERFORMANCE The Contractor shall perform all of the Work required, implied or reasonably inferable from the Contract including, but not limited to, the following: 4.01 The Contractor will complete the entire Work described in the Contract Documents, except as specifically identified therein as the work of other parties or expressly excluded by specific reference, in accordance with the terms herein. 4.02 The furnishing of any and all required surety bonds and insurance certificate(s) and endorsement(s); 4.03 The provision or furnishing, and prompt payment therefor, of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, disposal, power, fuel, heat, light, cooling, or other utilities, required for construction and all necessary building permits and other permits or licenses required for the construction of the Project; 4.04 The creation and maintenance of a detailed and comprehensive copy of the drawings, specifications, addenda, change orders and other modifications depicting all as -built construction. Said items shall be submitted to the City, along with other required submittals upon Completion of the Project, and receipt of same by the City shall be a condition precedent to final payment to the Contractor. The Contractor shall prepare and submit final as -built drawings to the City. Section 5. TIME FOR CONTRACTOR'S PERFORMANCE; DELAYS 5.01 The Contractor shall commence the performance of the Contract on the date set forth in the Notice to Proceed issued by the City Manager or the City Manager's designee and shall diligently continue its performance to and until Completion of the Project. The Contractor shall accomplish Substantial Completion has defined herein below) of the Project not more than 180 calendar days following the Issuance of the Notice to Proceed, (sometimes hereinafter referred to as the "Contract Time"). This Contract Time includes 30 inclement weather days. By signing the Contract, the Contractor agrees that the Contract Time is a reasonable time for accomplishing Completion of the Project and completion of the Project within the Contract Time is of the essence. 5.02 For each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion, the Contractor shall pay the City the sum $500 per day (or said per -day sum shall be deducted from the monies due the Contractor) as set forth in the following schedule: Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the City, estimated at the time of executing the Contract. When the City reasonably believes that Substantial Completion will be inexcusably delayed, the City shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the City to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the City has withheld payment, the City shall promptly release to the Contractor those funds withheld over and above what ultimately came due as liquidated damages; 5.03 The term "Substantial Completion", as used herein, shall mean the point at which, as certified in writing by the City's consulting architect/engineer or other appropriate independent contractor or representative and approved by the City, the Project is at a level of completion in strict compliance with the Contract such that the City or its designee can enjoy beneficial use or occupancy and can legally occupy, use or operate it in all respects, for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion. 5.04 All limitations of time set forth herein are material and are of the essence of the Contract. 5.05 Contractor agrees to punctually and diligently perform all parts of the Work at the time scheduled in this Contract Agreement. In this connection, Contractor agrees that it will keep itself continually informed of the progress of the job and will, upon its own initiative, confer with the City to plan its Work in coordinated sequence with the work of the City, if any, and of others and so as to be able to expeditiously undertake and perform its work at the time most beneficial to the entire Project. The Contractor will be liable for any loss, costs, or damages sustained by the City for delays in performing the Work hereunder, other than for excusable delays, as set forth in 5.06 below, for which Contractor may be granted a reasonable extension of time. 6.06 If the Contractor is delayed at any time in the progress of the Work by any separate contractor employed by the City, or by changes in the Work, or by labor disputes, fire, unusual delay in transportation, unusually severe weather conditions, unavoidable casualties, delays specifically authorized by the City, or by causes beyond the Contractor's control, avoidance, or mitigation, and without the fault or negligence of the Contractor and/or subcontractor or supplier at any tier, then the contract time shall be extended by Change Order for such reasonable time, if any, as the City may determine that such event has delayed the progress of the Work, or overall completion of the Work if the Contractor complies with the notice and documentation requirements set forth below. (1 } If the Contractor is delayed, obstructed, hindered or interrupted for a period of time exceeding seven calendar days by any act or neglect of the City, an adjustment shall be made for any increase in the direct cost of performance of this contract (excluding profit, extended home office overhead, incidental or consequential damages or disruption damages) and the Contract modified in writing accordingly. The Contractor must assert its right under this section by giving written notice to the City Manager within10 calendar days of the beginning of a delay, obstruction, hindrance or interruption by the City. No adjustment shall be made for any delay, obstruction, hindrance or interruption after final payment under this contract or to the extent that performance would have been so delayed, obstructed, hindered or interrupted by any other cause, including, but not limited to concurrent cause or fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract. The direct costs described above shall be limited to those direct costs attributable solely to this project and shall be subject to documentation and verification of costs as required by the City. If unit prices are established in the Contract Documents or subsequently agreed upon, they shall form the basis for cost calculations under any claims for delay. (2) Any claim for extension of time shall be made in writing to the City, not more than 10 calendar days from the beginning of the delay. The notice shall indicate the cause of delay upon the progress of Work. If the cause of the delay is continuing, the Contractor must give such written notice every 10 calendar days. Within 10 calendar days after the elimination of any such delay, the Contractor shall submit further documentation of the delay and a formal Change Order request for an extension of time for such delay. (3) The written request for a time extension shall state the cause of the delay, the number of calendar days extension requested, and such analysis and other documentation as is reasonably requested by the City to demonstrate a delay in the progress of the Work or the overall project completion. If the Contractor does not comply with the above notice and documentation requirements, the claim for the delay shall be waived by the Contractor. The above notice and documentation requirements shall also be a condition precedent to the Contractor's entitlement to any extension of time. (4) Extensions of time will be the contractor's primary remedy for any and all delays, obstructions, hindrances, or interference. Payment or compensation, for direct costs only (as set forth above), may be made to the Contractor for hindrances or delays solely caused by the City if such delays or hindrances are within the City's ability to control and are not partially caused by the Contractor or any of its agents, subcontractors or others for whom it is responsible. No payment or compensation will be made for interference, obstructions, hindrances or delays which are not solely caused by the City and which the City fails to cure after a reasonable period after written notice. (5) Without limitation, the City's exercise of its rights under provisions related to changes to the Work, regardless of the extent or number of such changes, or the City's exercise of any of its remedies or any requirement to correct or re -execute defective Work, shall not under any circumstances be construed as delays, hindrances or interference compensable further than as described herein. Section 6. FIXED PRICE AND CONTRACT PAYMENTS 6.01 The City shall pay, and the Contractor shall accept, as full and complete payment for the Contractor's timely performance of its obligations hereunder the fixed price of $3,268,414 which includes both additive alternates. The price set forth in this Section 6.01 shall constitute the Contract Price, which shall not be modified except by Change Order or adjustment pursuant to approved unit prices, if any, as provided in the Contract. 6.02 A general allowance of $250,000 shall be included in the Contract in addition to the fixed price set forth in Section 6.01. The allowance shall not be used to cover unanticipated or incorrectly bid items in the Work by the Contractor. The funds in the allowance shall be utilized for changes in scope of Work, at the sole discretion of the City, upon arriving at an agreed upon price with the Contractor. 6.03 The City shall pay the Contract Price to the Contractor in accordance with the procedures set forth in this Section 6 and as set forth here: On or before the 10t' calendar day of each month after commencement of performance, but no more frequently than once monthly, the Contractor may submit a payment request for the period ending the last calendar day of the previous (1 } month (the "Payment Request"). Said Payment Request shall be in such format and include whatever supporting information as may be required by the City. Therein, the Contractor may request payment for 90% of that part of the Contract Price allocable to Contract requirements properly provided, labor, materials and equipment properly incorporated in the Project, and materials or -equipment necessary for the Project and properly stored at the Project site (or elsewhere if offske storage is approved in writing by the City), less the total amount of previous payments received from the City. Payment for materials stored offslte shall be at the discretion of the City and if approved, the Contractor shall provide appropriate documentation to substantiate materials are stored in a bonded warehouse or facility, title or other proof of ownership has been transferred to the City, and that materials have been purchased and paid for by the Contractor (copies of paid invoices must be submitted to the City with payment request). Risk of loss shall be borne by, and insurance must be provided by the Contractor while in storage, transit and use during construction. At 75% completion of the Contract, by dollar value, and at the option of the City, retainage may be reduced to 5% plus an additional amount as detailed in Section 6.06 below for any part of the Work that is defective or non -conforming and in Section 6.02 above for anticipated liquidated damages. (2) Amounts reflected in Change Orders may be included in Payment Requests to the extent they are not in dispute and subject to final approval of cost to the City for such changes in the work. (3) Each Payment Request shall be signed by the Contractor and shall constitute the Contractor's representation that the quantity of Work has reached the level for which payment is requested, that the Work has been properly installed or performed in strict compliance with the Contract, and that the Contractor knows of no reason why payment should not be made as requested. (4) Thereafter, the City shall review the Payment Request and may also review the Work at the Project site or elsewhere to determine whether the quantity and quality of the work is as represented in the Payment Request and Is as required by the Contract. The amount of each such payment shall be the amount approved for payment by the City less such amounts, if any, otherwise owing by the Contractor to the City or which the City shall have the right to withhold as authorized by the Contract, subject to approval by the City. Approval of the Contractor's Payment Requests shall not preclude the City from the exercise of any of its rights as set forth in Section 6.06 herein below. The submission by the Contractor of a Payment Request also constitutes an affirmative representation and warranty that all work for which the City has previously paid is free and dear of any lien, claim, or other encumbrance of any person whatsoever. As a condition precedent to payment, the Contractor shall, if required by the City, also furnish to the City properly executed waivers of lien or claim, in a form acceptable to the City, from all subcontractors, materialmen, suppliers or others having lien or claim rights, wherein said subcontractors, materialmen, suppliers or others having lien or claim rights, shall acknowledge (5) receipt of all sums due pursuant to all prior Payment Requests and waive and relinquish any liens, lien rights or other claims relating to the Project site. Furthermore, the Contractor warrants and represents that, upon payment of the Payment Request submitted, title to all work included in such payment shall be vested in the City. 6.04 When payment is received from the City, the Contractor shall within seven calendar days pay all subcontractors, material men, laborers and suppliers the amounts they are due for the work covered by such payment. In the event the City becomes informed that the Contractor has not paid a subcontractor, material man, laborer, or supplier as provided herein, the City shall have the right, but not the duty, to issue future checks and payment to the Contractor of amounts otherwise due hereunder naming the Contractor and any such subcontractor, material man, laborer, or supplier as joint payees. The City shall notify the Contractor of its intent to implement such a procedure and will give the Contractor a reasonable period to cure any such failure prior to implementing the procedure. Such joint -check procedure, if employed by the City, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check as a co -payee and shall not be deemed to commit the City to repeat the procedure in the future. 6.05 Neither payment to the Contractor, full or partial utilization of the Project for any purpose by the City, nor any other act or omission by the City shall be interpreted or construed as an acceptance of any work of the Contractor not strictly in compliance with the Contract; 6.06 After written notice to the Contractor and a reasonable opportunity to cure, the City shall have the right to refuse to make payment, in whole or in part, and, if necessary, may demand the return of a portion or all the amount previously paid to the Contractor due to: (1) The quality of a portion, or all, of the Contractor's work not being in accordance with the requirements of the Contract; (2) The quantity of the Contractor's work not being as represented in the Contractor's Payment Request, or otherwise; (3) The Contractor's rate of progress being such that, in the opinion of the City, Substantial Completion may be inexcusably delayed; (4) The Contractor's failure to use Contract funds, previously paid the Contractor by the City, to pay Contractor's Project -related obligations including, but not limited to, subcontractors, laborers and material and equipment suppliers; (5) Claims made, or likely to be made, against the City or its property for which the Contractor or its agents or subcontractors or others for whom it is responsible are, or reasonably appear to be at fault; (6) Loss caused by the Contractor; (7) The Contractor's failure or refusal to perform any of its obligations to the City, after written notice and a reasonable opportunity to cure as set forth above. In the event that the City makes written demand upon the Contractor for amounts previously paid by the City as contemplated in this Section 6.05, the Contractor shall promptly comply with such demand. The City's rights hereunder survive the term of this Contract Agreement, are not waived by final payment and/or acceptance and are in addition to Contractor's obligations elsewhere herein. 6.07 When the Contractor believes that Substantial Completion has been achieved, the Contractor shall notify the City in writing and shall furnish a listing of those matters, if any, yet to be finished. The City will thereupon conduct a site review to confirm that the Project is in fact substantially complete. If the City, through its review, finds that the Contractor's work is not substantially complete, and is required to repeat all, or any portion, of such review, the Contractor shall bear the cost of such repeat site review(s), which cost may be deducted by the City from any payment then or thereafter due to the Contractor. Guarantees and equipment warranties required by the Contract shall commence on the date of Substantial Completion. Upon Substantial Completion, the City shall pay the Contractor an amount sufficient to increase total payments to the Contractor to 100% of the Contract Price less any amounts attributable to damages, and less 160% of the costs, as reasonably determined by the City, incurred for the City to complete any incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling any outstanding or threatened claims. Such a calculation by the City of costs for completing all incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling any outstanding or threatened claims shall not bar the City from exercising its stated rights elsewhere in the Contract, or otherwise as provided by law for any Incomplete, defective or nonconforming work or claims that are discovered by the City after the date of making such calculation or after the date of any partial or final payment, whether or not such incomplete, defective or nonconforming work or claims were obvious or should have been discovered earlier. 6.08 When the Project is finally complete and the Contractor is ready for a final review, it shall notify the City thereof in writing. Thereupon, the City will perform a final site review of the Project. If the City concurs that the Project is complete in full accordance with the Contract and that the Contractor has performed all of its obligations to the City hereunder, the Contractor will furnish a final Approval for Payment to the City certifying to the City that the Project is complete and the Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to the Contract. If the City is unable to issue its final Approval for Payment and is required to repeat its final review of the Project, the Contractor shall bear the cost of such repeat review(s), which costs may be deducted by the City from the Contractor's final payment; 6.09 The City will not participate in a final review inspection until all as -built drawings have been received from the Contractor and all associated subcontractors; 6.10 The City shall, subject to its rights set forth in Section 6.06 above and elsewhere in the Contract, endeavor to make final payment of all sums due the Contractor within 30 calendar days of the final Approval for Payment, with the exception of items in dispute or concerning which the City has exercised any of its rights to investigate or remove. 10 Section 7. INFORMATION AND MATERIAL SUPPLIED BY THE CITY 7.01 The City has furnished to the Contractor, prior to the execution of this Contract Agreement, all written and, tangible material in its possession relevant to the conditions at the site of the Project. Such written and tangible material has been furnished to the Contractor only in order to make complete disclosure of such material as being in the possession of the City and for no other purpose. By furnishing such material, the City does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all; 7.02 Differing site conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the City in writing of. (1) subsurface or latent physical conditions at the site differing materially from those indicated in the contract, or (2) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract. The City shall investigate the conditions, and if it finds that such conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work under the Contract, whether or not changed as a result of such conditions, an adjustment shall be made, through negotiation and mutual agreement, and the contract modified in writing accordingly. Section 8. CEASE AND DESIST ORDER/OWNER'S RIGHT TO PERFORM WORK 8.01 In the event the Contractor fails or refuses to perform the Work, or any separable part thereof, as required herein, or with the diligence that will ensure its proper, timely completion in accordance with the contract documents, the City may instruct the Contractor, by written notice, to cease and desist further Work, in whole or in part, or to correct deficient Work. Upon receipt of such instruction, the Contractor shall immediately cease and desist, or proceed, as instructed by the City. In the event the City issues such instructions to cease and desist, the Contractor must, within seven calendar days of receipt of the City's instructions, provide a written, verged plan to eliminate or correct the cause of the City's order, which plan appears to the City to be reasonable, attainable and in good faith. In the event that the Contractor fails and/or refuses to provide such a plan or diligently execute an approved plan, then the City shall have the right, but not the obligation, to carry out the Work, or any portion thereof, with its own forces, or with the forces of another contractor, and the Contractor shall be fully responsible and liable for the costs of the City performing such work, which costs may be withheld from amounts due to the Contractor from the City. The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the City may have against the Contractor. If Work completed by the City or other contractor affects, relates to, is to be attached onto or extended by later Work of the Contractor, the Contractor shall, prior to proceeding with the later Work, and to the extent visible, report any apparent defects or variance from the Contract requirements which would render the Contractor's later Work not in compliance with the Contract requirements or defective or not in compliance with warranties or other obligations of the Contractor hereunder, 8.02 The provisions of this section shall be in addition to the City's ability to remove portions of the Work from the Contract and complete it separately. 11 Section 9. CONTRACTOR'S DUTIES, OBLIGATIONS AND RESPONSIBILITIES In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in the Contract Documents, the Contractor shall have and perform the following duties, obligations and responsibilities to the City: 9.01 Reference is hereby made to the continuing duties set forth in Section 3.08 above, which are by reference hereby incorporated in this Section 9.01. The Contractor shall not perform work without adequate plans and specifications, or without, as appropriate, approved shop drawings, or other submittals. If the Contractor performs work knowing or believing, or if through exercise of reasonable diligence, it should have known that such work involves an error, inconsistency or omission in the Contract without first providing written notice to the City, the Contractor shall be responsible for such work and shall correct same bearing the costs set forth in Section 3.08 above; 9.02 All work shall strictly conform to the requirements of the Contract. To that end, the Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work, unless otherwise specified in the Contract Documents; 9.03 The work shall be strictly supervised, the Contractor bearing full responsibility for any and all acts, errors or omissions of those engaged in the work on behalf of the Contractor, including, but not limited to, all subcontractors and their employees. The Contractor shall maintain an on - site superintendent while any portion of the Work is being performed. The Contractor shall operate exclusively in the capacity of the City's independent contractor as to all work it performs under the Contract, and not as an agent, employee, or representative of the City; 9.04 The Contractor hereby warrants that all laborers furnished under the Contract shall be qualified and competent to perform the tasks undertaken, that the product of such labor shall yield only first-class results, that all materials and equipment provided shall be new (unless otherwise specified) and of high quality, that the completed work will be complete, of high quality, without defects, and that all work strictly complies with the requirements of the Contract. Any work not strictly complying with the requirements of this the Contract shall constitute a breach of the Contractor's warranty; 9.05 The Contractor will be responsible for acquiring all required permits) --except as specifically stated in Section 22.01 below --,and calling for all required or routine inspections. The Contractor will cooperate with and abide by the decision of inspectors having jurisdiction. Should the Contractor have a dispute with any inspector or entity having jurisdiction, the Contractor shall promptly notify the City Manager or the City Manager's designee. The Contractor shall comply with all legal requirements applicable to the work; 12 9.06 The Contractor shall employ and maintain at the Project site only competent, qualified full time supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are as follows: NAME Joey Hamm Michael Hampton David Stanfield Miki Stanfield FUNCTION Site Superintendent Concrete Foreman Project Manager PM Assistant If at any time the City reasonably determines that any employee of the Contractor Is not properly performing the Work In the best interest of the City or the Project, or is hindering the progress of the work, or is otherwise objectionable, the City shall so notify the Contractor, which shall replace the employee as soon as possible, at no increased cost to the City. 9.07 The Contractor must submit to the City the Contractor's schedule for completing the work prior to submittal of the first application for payment. The City will not review any payment request until such schedule has been submitted and approved. Such schedule shall be in a form as specified in the Contract or which shall have been approved by the City Manager or the City Manager's designee, and which shall provide for expeditious and practicable construction of the Project. The Contractor's schedule shall be updated no less frequently than monthly (unless the parties otherwise agree in writing) and shall be updated to reflect conditions encountered from time to time and shall apply to the total project. Each such revision shall be furnished to the City. Strict compliance with the requirements of this Section 9.07 shall be a condition precedent to payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of the Contract; 9.08 The Contractor shall keep an updated copy of the Contract Documents at the site. Additionally, the Contractor shall keep a copy of approved shop drawings and other submittals. All of these items shall be available to the City during all regular business hours; 9.09 Shop drawings and other such submittals from the Contractor do not constitute a part of the Contract. The Contractor shall not do any work requiring shop drawings or other submittals unless such shall have been approved in writing by the City or as required by the Contract Documents. All work requiring approved shop drawings or other submittals shall be done in strict compliance with such approved documents or Contract requirements. However, approval by the City shall not be evidence that worts installed pursuant thereto conforms with the requirements of the Contract and shall not relieve the Contractor of responsibility for deviations from the Contract unless the City has been specifically informed of the deviation by a writing incorporated in the submittals and has approved the deviation in writing. The delivery of submittals shall constitute a representation by the Contractor that it has verified that the submittals meet the requirements of the Contract, or will do so, including field measurements, materials and field construction criteria related thereto. The City shall have no duty to review partial submittals or incomplete submittals. The Contractor shall have the duty to carefully review, inspect, examine and physically stamp and sign any and all submittals before submission of same to the City; 13 9.10 The Contractor shall maintain the Project site and adjacent areas affected by its work and/or the acts of its employees, materialmen and subcontractors in a reasonably clean condition during performance of the work. Upon substantial completion, the Contractor shall thoroughly clean the Project site of all debris, trash and excess materials or equipment. If the Contractor fails to do so, the City may complete the cleanup, by its own forces or by separate contract, and shall be entitled to charge the Contractor for same through the collection or withholding of funds through the mechanisms provided elsewhere in this Contract Agreement; 9.11 At all times relevant to the Contract, the Contractor shall permit the City and its consultants to enter upon the Project site and any offske lay down areas, safety permitting, and to review or inspect the work and any materials on any such site, without formality or other procedure; 9.12 The Contractor recognizes that the City may enter into other contracts to perform work relating to the Project, or to complete portions of the Work itself. The Contractor shall ensure that its forces reasonably accommodate the forces of the City and other contractors hired by the City. The Contractor shall coordinate its schedule with the work of other contractors. If the Contractor claims that delay or damage results from these actions of the City, it shall promptly submit a claim as provided herein; 9.13 Protection of persons and property. (1) It shall be the responsibility of the Contractor to initiate, continue and supervise all safety programs and precautions in the performance of the terms of the Contract. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to its employees, subcontractors' employees, employees of the City and members of the public, the Work itself and unassembled components thereof, and other property at the site or adjacent thereto. As part of the Contractor's obligations hereunder, the Contractor shall erect and maintain all necessary and prudent safeguards, barriers, signs, warnings, etc.; (2) With notice to the City, the Contractor shall promptly remedy loss or damage to the Work or any person or property described herein caused in whole or in part by the acts of the Contractor or any subcontractor, sub -subcontractor or materialman. This obligation shall be in addition to the requirements of Section 10 herein. The City may direct the Contractor to remedy known violations of applicable laws, rules, regulations, and interpretations related to safety when and if observed on the site. However, through exercising this authority the City shall not incur any obligations to monitor, initiate, continue, or supervise safety programs and precautions such to diminish the Contractor's primary role in same. The City shall have the right to report suspected safety violations to the Occupational Safety and Health Administration (OSHA) or other appropriate authorities; (3) The Contractor shall promptly notify the City upon discovery of any unidentified material which Contractor reasonably believes to be asbestos, lead, PCB, or other hazardous material, and shall immediately stop work in the affected area of the Project. The Contractor shall not be responsible for removal or other work with regard to such hazardous material unless otherwise agreed between the City and the Contractor. In the case of work stopped due to the discovery of hazardous materials, Section 6 shall apply to claims for delay, hindrance or interference. Work will resume in the affected area of 14 the Project immediately after such time as the hazardous material has been removed or rendered harmless, as certified by an industrial hygienist to be engaged by the City; 9.14 The Contractor warrants to the Owner that materials and equipment furnished under the Contract are of good quality and new unless otherwise required or permitted under the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Section 10. INDEMNITY Except for expenses or liabilities arising from the nealiaence of the City, the Contractor hereby expressly agrees to Indemnify and hold the City harmless against any and all expenses and liabilities arising out of the performance or default of the Contract as follows: 10.01 Contractor shall indemnify, and hold harmless, to the maximum extent permitted by law. City and Its officers, agents, employees, and consultants from and against any and all liability, damages, losses, (whether in contract or in tort, includina personal iniury, accidental death or property damage, and regardless, of whether the allegations are false, fraudulent or groundless), and costs (including reasonable attorney's fees, litigation, arbitration, mediation, appeal expenses incurred in any matter, includina a proceeding to enforce this Section 10) which in whole or in part are caused by the nealiaence, recklessness or intentional wronaful misconduct of the Contractor and Persons employed by or utilized by the Contractor in Contractor's performance of this Contract Agreement: 10.02 Contractor's obligation to indemnify, defend and hold harmless shall remain in effect and shall be bindina upon Contractor whether such iniury or damage shall accrue, or may be discovered, before or after termination of the Contract: 10.03 Contractor's failure to comply with this section's provisions shall constitute a material breach upon which City may immediately terminate or suspend this Contract Agreement. Section 11. CLAIMS BY THE CONTRACTOR Claims by the Contractor against the City, other than for time extensions covered by Section 6 hereof, are subject to the following terms and conditions: 11.01 All Contractor claims against the City shall be initiated by a written claim submitted to the City. Notice of such claim shall be received by the City no later than either 10 calendar days after the event, or 10 calendar days after the first appearance of the circumstances causing the claim, whichever is sooner, and same shall set forth in detail all known facts and circumstances supporting the claim. Final costs associated with any claim upon which notice has been filed must be submitted in writing to the City within 30 calendar days after notice has been received; 15 11.02 The Contractor and the City shall continue their performance hereunder regardless of the existence of any claims submitted by the Contractor including claims set forth in Section 6 hereof, 11.03 In the event the Contractor discovers previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographical location of the Project, the Contract Price may, with the approval of the City, be modified, either upward or downward, upon the written notice of claim made by either party within 10 calendar days after the first appearance to such party of the circumstances. Final costs must be submitted within 30 calendar days after such notice is received by the City, unless extended by written agreement of the panes. As a condition precedent to the City having any liability to the Contractor due to concealed and unknown conditions, the Contractor must give the City written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by the Contractor to give the written notice and make the claim as provided by this Section 11.03 and as required elsewhere under the Contract shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown condition; 11.04 In the event the Contractor seeks to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the City therefor, unless emergency conditions exist, the Contractor shall strictly comply with the requirements of Section 11.01 above and such claim shall be made by the Contractor before proceeding to execute any work for which a claim is made. Failure to comply with this condition precedent shall constitute a waiver by the Contractor of any claim for additional compensation; 11.05 In connection with any claim by the Contractor against the City that would result in compensation in excess of the Contract Price, any liability of the City for the Contractor's cost in this regard shall be limited to those cost categories set forth in Section 13.07 below. Section 12. SUBCONTRACTORS 12.01 Prior to execution of the Contract, the Contractor shall have identified to the City in writing, those parties required to be listed on the proposal form as subcontractors on the Project. Any changes to this list at any time shall be subject to the prior approval of the City. The City shall, in writing, state any objections the City may have to one or more of such subcontractors. The Contractor shall not enter into a subcontract with an intended subcontractor to whom the City objects. If at any time the City objects to a subcontractor, the Contractor shall solicit proposals from potential replacements and shall submit the three lowest proposals to the City, along with the Contractor's proposed choice as replacement. If the approved replacement subcontractor's cost is verified to be higher than the removed subcontractor, the excess shall be added to the Contract Price, unless the subcontractor in question has to be removed due to a default, or deficient performance; If the approved replacement subcontractor's cost is lower than the removed subcontractor, the difference shall be deducted from the Contract Price. Subcontractor markups shall be limited to those listed in Section 13.07 below; All subcontracts shall afford the Contractor rights against the subcontractor which correspond to those rights afforded to the City against the Contractor herein, including those rights of Contract termination as set forth herein below; 16 12.02 Each and every subcontract related to the Project is hereby assigned by the Contractor to the City, contingent upon the termination of the Contract for default or convenience as provided herein, and only as to those subcontracts which the City accepts in writing directed to the Contractor. This contingent assignment is subject to the prior rights of any surety obligated under a bond related to the Contract. This contingent assignment will operate prospectively from the effective date of assignment and will not obligate the City to any liabilities existing on the effective date of the assignment, or arising from events, acts, failures to act, facts or circumstances existing prior to the effective date of the assignment. The contracts subject to this contingent assignment shall also be further assignable by the City, at the City's sole option. The Contractor shall bear the responsibility of notifying subcontractors of this contingent assignment and including it in all subcontracts in connection with the Project. Section 13. CHANGE ORDERS 13.01 The City Manager or the City Manager's express designee shall be the sole authorized representative of the City. Other than in matters of public safety or in time of emergency management, the Contractor shall not take direction or act upon information from any City personnel other than the City Manager's expressly authorized designee(s); 13.02 One or more changes to the work within the general scope of the Contract, may be ordered by Change Order. The City may also issue written directions for minor changes in the Work and may issue Construction Change Directives, as set forth below. The Contractor shall proceed with any such changes or Construction Change Directives without delay and in a diligent manner, and same shall be accomplished in strict accordance with the following terms and conditions: 13.03 Change Order shall mean a written order directed to the Contractor executed by the City after execution of the Contract, directing a change in the work. A Change Order may Include a change in the Contract Price, (other than a change attributable to damages for delay as provided in Section 6 hereof), or the time for the Contractor's performance, or any combination thereof. Where there is a lack of total agreement on the terms of a Change Order or insufficient time to execute a bilateral change, the City may also direct a change in the Work in the form of a Construction Change Directive, which will set forth the change in the Work and the change, if any, in the Contract Price or time for performance, for subsequent inclusion in a Change Order; Construction Change Directives shall include a not -to -exceed preliminary price, against which the Contractor may begin billing (subject to the requirements for pay applications elsewhere herein) as the work is performed. (1) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the City, with any proposal for a contract modification. (2) The price breakdown (a) must include sufficient detail to permit an analysis of all costs for material, labor, equipment and subcontracts, and (b) must cover all work involved in the modification, whether the work was deleted, added or changed. (3) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts. 17 (4) The Contractor's proposal shall Include a complete justification for any time extension proposed. 13.04 Any change in the Contract Price resulting from a Change Order shall be determined as follows: (1) By mutual agreement between the City and the Contractor as evidenced by (a) the change in the Contract Price being set forth in the Change Order, (b) such change in the Contract Price, together with any conditions or requirements relating thereto, being initialed by both parties and (c) the Contractor's execution of the Change Order; or, (2) If no mutual agreement occurs between the City and the Contractor, the change in the Contract Price, if any, shall be derived by determining the reasonable actual costs incurred or savings achieved, resulting from revisions in the work. Such reasonable actual costs or savings shall include a component for direct job site overhead and profit but shall not include home -office overhead or other indirect costs or components. The calculation of actual costs shall conform to the markup schedule in Section 13.07 below. Any such costs or savings shall be documented in the format, and with such content and detail as the City requires. The Contractor shall promptly submit such documentation and other supporting materials as the City may require in evaluating the actual costs incurred or to be incurred; 13.05 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the work, the Contract as thus amended, the Contract Price and the time for performance by the Contractor, regardless of the nature, amount or extent of the changes. The Contractor, by executing the Change Order, waives and forever releases any claim against the City for additional time or compensation for matters relating to, arising out of or resulting from the work included within or affected by the executed Change Order of which the Contractor knew or should have known; 13.06 The Contractor shall notify and obtain the consent and approval of the Contractor's surety with reference to all Change Orders if such notice, consent or approval are required by the City, the Contractor's surety or by law. The Contractor's execution of the Change order shall constitute the Contractor's warranty to the City that the surety has been notified of, and consents to, such Change Order and the surety shall be conclusively deemed to have been notified of such Change Order and to have expressly consented thereto; 13.07 For the purpose of Change Orders, the following definitions of terms and other restrictions apply: Contractor's or Subcontractor's Materials shall include the cost of materials, excluding sales tax, and the cost of all transport. The cost of items listed shall be directly related to the Change Order. Indirect costs not specifically related to the Change Order shall not be considered. Contractor's or Subcontractor's Direct Labor Cost shall be limited to the hourly rate of directly involved workmen, employer contributions towards company standard benefits, pensions, unemployment or social security (if any), and employer costs for paid sick and annual leave. Is Contractor's or Subcontractor's Overhead shall include license fees, bond premiums, supervision, wages of timekeepers and clerks, incidentals, home and field office expense, and vehicle expense directly related to the Project, and all other direct Project expenses not included in the Contractor's materials, direct labor and equipment costs. The allowance for Overhead and Profit shall be limited to the following schedule: 1. For the Contractor, for any work performed by the Contractor's own forces, 10% of the Subtotal of Costs to the Contractor. 2. For the Contractor, for any work performed by his Subcontractor, 5% of the amount due the Subcontractor. 3. For each Subcontractor or Sub -subcontractor involved, for any work performed by their own forces, 10% of their materials and direct labor costs. 4. For each Subcontractor, for work performed by his Sub-subcontractor(s), 5% of the amount due the Sub -subcontractor. For Change Orders, the total cost or credit to the Owner shall be based on the following schedule: Contractor's Materials Cost + Contractor's Direct Labor Costs + Contractor's Equipment Costs (includes owned/rental equipment) + Applicable Subcontractor Costs =Subtotal of Costs to the Contractor + Contractor's Overhead and Profit =Total Cost or Credit to the Owner 13.08 Nothing Contained in this section shall be deemed to contradict or limit the terms of Section 6.05 above. Section 14. DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK 14.01 In the event that the Contractor covers, conceals or obscures its work in violation of the Contract or in violation of an instruction from the City, such work shall be uncovered and displayed for review by the City and/or its consultants upon request, and shall be reworked at no cost in time or money to the City; 14.02 If any of the work is covered, concealed or obscured in a manner not covered by Section 14.01 above, it shall, if directed by the City, be uncovered and displayed for the City and/or its consultants. If the uncovered work conforms strictly with the Contract, the costs incurred by the Contractor to uncover and subsequently, replace such work shall be borne by the City. Otherwise, such costs shall be bome by the Contractor, 14.03 The Contractor shall, at no cost in time or money to the City, correct work rejected by the City as defective or failing to conform to the Contract. Additionally, the Contractor shall reimburse the City for all testing, review, inspections and other expenses incurred as a result thereof; 19 14.05 In addition to its warranty obligations set forth elsewhere in this Contract Agreement and any manufacturer's warranties provided on the Project, and in addition to other remedies provided herein or by law to the City, the Contractor shall be specifically obligated to promptly correct any and all defective or nonconforming work, whether obvious or after -discovered, for a period of 12 months following Substantial Completion upon written direction from the City; 14.06 The City may, but shall in no event be required to, choose to accept defective or nonconforming work. In such event, the Contract Price shall be reduced by the greater of (1) the reasonable costs of removing and correcting the defective or nonconforming work, or (2) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the City for the acceptance of defective or nonconforming work, the Contractor shall, upon written demand from the City, pay the City such remaining compensation for accepting defective or nonconforming work. The Contractor shall have an opportunity to correct any defect or non- conformance prior to the City taking the above actions. The contractor, upon written notice of any defect or non-conformance, shall have 10 calendar days to make corrections, unless the City agrees that the correction will require more than 10 calendar days to correct. Section 15. CITY'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE 15.01 In addition to the City's rights under Section 8 and elsewhere in this Contract Agreement, the City shall have the right at any time to direct the Contractor to suspend its performance, or any designated part thereof when In the interests of the City. if any such suspension is directed by the City, the Contractor shall immediately comply with same; 15.02 In the event the City directs a suspension of performance under this section, through no fault of the Contractor, if the suspension is lifted other than by Termination, the City shall pay the Contractor as fWI compensation for such suspension the Contractor's ordinary and reasonable costs, actually incurred and paid, of: (1) demobilization and remobilization, including such justifiable costs paid to subcontractors (cost categories and markups limited to those set forth in Section 13.07 above); (2) preserving and protecting work in place; (3) approved storage of materials or equipment purchased for the Project, including insurance thereon; and (4) substantiated extended field office overhead (but no home -office overhead). 15.03 The City may order suspension of the Work in whole or in part for such time as deemed necessary because of the failure of the Contractor to comply with any of the requirements of this Contract Agreement, and the Contract Agreement's completion date shall not be extended on account of any such suspension of Work. When the City orders any suspension of the Work under this Section 15.03, the Contractor shall not be entitled to any payment for Work which the Contractor performs after notice of suspension and/or during the suspension period and shall not be entitled to any costs or damages resulting from such suspension. 20 15.04 The City's rights under this section shall be in addition to those contained elsewhere in the Contract or provided by law. Section 16. TERMINATION BY THE CITY The City may terminate the Contract in accordance with the following terms and conditions: 16.01 Termination for Convenience. The City may, when in the interests of the City, terminate performance under the Contract by the Contractor, in whole or in part, for the convenience of the City. The City shall give written notice of such termination to the Contractor specifying when termination becomes effective. The Contractor shall incur no further obligations in connection with the work so terminated, other than warranties and guarantees for completed work and installed equipment, and the Contractor shall stop work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts for the affected work. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The City may direct the Contractor to assign the Contractor's right, title and interest under termination orders or subcontracts to the City or its designee. The Contractor shall transfer title and deliver to the City such completed or partially completed work and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has in its possession or control. When terminated for convenience, the Contractor shall be compensated as follows: (1) The Contractor shall submit a termination claim to the City specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the City. If the Contractor fails to file a termination claim within six months from the effective date of termination, the City shall pay the Contractor, an amount derived in accordance with subsection (3) below. (2) The owner and the Contractor may agree to the compensation, if any, due to the Contractor hereunder. (3) Absent agreement to the amount due to the Contractor, the owner shall pay the Contractor the following amounts: (a) Contract costs for labor, materials, equipment and other services accepted under the Contract; (b) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the work, and in terminating the Contractors performance, plus a fair and reasonable allowance for direct job site overhead and earned profit thereon (such profit shall not include anticipated profit or consequential damages); provided however, that if it reasonably appears that the Contractor would have not profited or would have sustained a loss if the entire Contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any; (c) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to Subsection (3)(a) above --if contingent assignment of such contracts has not been elected as provided herein --shall not include amounts paid In accordance with other provisions of the Contractor. This 21 clause is subject to, and the Contractor shall be limited by the City's rights to direct the replacement of subcontractors under Section 12.01. The total sum to be paid the Contractor under this Subsection (3) shall not exceed the total Contract Price, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. 16.02 Termination for Cause. If the Contractor does not perform the work, or any part thereof, in a timely manner, supply adequate labor, supervisory personnel or proper equipment or materials, or if it fails to timely discharge its obligations for labor, equipment and materials, or proceeds to disobey applicable law, or otherwise commits a violation of a material provision of the Contract, then the City, in addition to any other rights it may have against the Contractor or others, may terminate the performance of the Contractor, in whole or in part at the City's sole option, and assume possession of the Project site and of all materials and equipment at the site and may complete the work; In such case, the Contractor shall not be paid further until the work is complete. After Completion has been achieved, if any portion of the Contract Price, as it may be modified hereunder, remains after the cost to the City of completing the work, including all costs and expenses of every nature incurred, has been deducted by the City, such remainder shall belong to the Contractor. Otherwise, the Contractor shall pay and make whole the City for such cost. This obligation for payment shall survive the termination of the Contract; In the event the employment of the Contractor is terminated by the City for cause pursuant to this Section 16.02 and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause; such termination shall thereupon be deemed a Termination for Convenience under Section 16.01 and the provisions of Section 16.01 shall apply; 16.03 Termination for Non Appropriation. The City may also terminate the Contract, in whole or in part, for non -appropriation of sufficient funds to complete or partially complete the Project, regardless of the source of such funds, and such termination shall be on the terms of Section 16.01; 16.04 The City's rights under this Section shall be in addition to those contained elsewhere herein or provided by law. Section 17. INSURANCE 17.01 Contractor shall be responsible for all damage to person and or property resulting from its negligent acts, reckless or intentional misconduct, errors or omissions or those of their subcontractors, agents or employees in connection with such services and shall be responsible for all parts of its work, both temporary and permanent; 17.02 Contractor shall, at its own expense, procure and maintain throughout the term of this Contract Agreement, with insurers acceptable to City, the types and amounts of insurance conforming to the minimum requirements set forth in this Contract Agreement. Contractor shall not commence work until the required insurance is in force and evidence of insurance acceptable to City has been provided to, and approved by, City. An appropriate Certificate of Insurance shall be satisfactory evidence of insurance. Until such insurance is no longer required by the Contract, Contractor shall provide City with renewal or replacement evidence of insurance at least 30 days prior to the expiration or termination of such insurance; 0 17.03 Workers' Comnensation/E_maloyer's Liability Insurance r . Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $1,000,000 for each accident. General Liablift Insurance Comprehensive General Liability Insurance with bodily injury limits of not less than $11000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate. Automobile Liability Insurance Automobile Liability Insurance with bodily injury limits of not less than $1,00,000 for each person and not less than $1,000,000 for each accident, and with property damage limits of not less than $1,000,000 for each accident; 17.04 Contractor shall furnish insurance certificates or insurance policies at the City's request to evidence such coverages. Except for workers compensation, the insurance policies shall name the City as an additional insured and shall contain a provision that such insurance shall not be canceled or reduced with respect to by coverages or endorsements without 30 days' prior written notice to OWNER and CONSULTANT. In such event CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage; 17.05 Compliance with these insurance requirements shall not limit the liability of Contractor. Any remedy provided to the City by any insurance maintained by the Contractor shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of Contractor) available to the City under the Contract or otherwise; 17.06 Neither approval nor failure to disapprove insurance furnished by Contractor shall relieve Contractor from responsibility to provide insurance as required by this Contract Agreement; 17.07 Contractor shall deliver to City the required certificate(s) of insurance and endorsement(s) before City signs this Contract Agreement; 17.08 Contractor's failure to obtain, pay for, or maintain any required insurance shall constitute a material breach upon which City may immediately terminate or suspend this Contract Agreement. In the event of any termination or suspension, City may use the services of another consultant or consultants, without City's incurring any liability to Contractor; 17.09 At its sole discretion, City may obtain or renew Contractor insurance, and City may pay all or part of the premiums. Upon demand, Contractor shall repay CITY all monies paid to obtain or renew the insurance. City may offset the cost of the premium against any monies due Contractor from City. 17.10 The Contractor shall furnish to the City Certificates of Insurance allowing thirty (30) days' notice for any change, cancellation, or non -renewal. Such Certificates shall contain the following wording: 23 "SHOULD ANY OF THE ABOVE -DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN." If the insurance policies expire during the terms of the Contract, a renewal certificate or binder shall be filed with the City at least 30 days prior to the renewal date; 17.11 In addition to the coverages required herein, the Contractor shall furnish and maintain all-risk builder's risk property insurance, satisfactory to the City, upon the entire Work at the site to the full replacement cost of the completed project. This coverage shall name City as an additional insured, must include the interests of the Contractor, subcontractors and sub -subcontractors in the Worts, and must be procured from an insurer licensed to do business in the State of Texas with a Bests rating of °A+, A, A2. The policy must insure against perils including, but not limited to, earthquake, fire, extended coverages, windstorm, lightning, flood, and physical loss or damage, including theft, vandalism and malicious mischief; Section 18. PERFORMANCE AND PAYMENT BONDS; SURETY BONDS 18.01 Contractor shall provide City with a Performance Bond, a Payment Bond, and a Maintenance Bond meeting the standards specified in the Contract Documents, on the forms provided by the City, and attached hereto, with a Power of Attorney Affidavit, each in an amount not less than the Contract price; 18.02 Sureties' qualifications. All bonds, to the extent required under the Contract, including, but not by way of limitation, any Bid/Proposal Bond, Performance Bond, Payment bond, or Maintenance Bond shall be written through a reputable and responsible surety bond agency licensed to do business in the State of Texas and with a surety which holds a certificate of authority authorizing it to write surety bonds in Texas and maintains a current certificate of authority as an acceptable surety on Federal Bonds in accordance with U.S. Department of Treasury Circular 570. However, if the amount of the bond exceeds the underwriting limitations set forth in the Circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the Circular and the excess risk must be protected by co-insurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (3) CFR Section 223.10 - Section 223.111 and the surety company shall provide the City with evidence satisfactory to the City, that such excess risk has been protected in an acceptable manner, 18.03 Additional or replacement bond. It is further mutually agreed between the parties hereto that if, at any time, the City shall deem the surety or sureties upon any bond to be unsatisfactory, or if, for any reason, such bond (because of increases in the work or otherwise) ceases to be adequate, the Contractor shall, at its expense within five days after the receipt of notice from the City so to do, furnish an additional or replacement bond or bonds in such form, amount, and with such surety or sureties as shall be satisfactory to the City. In such event, no further payments to the Contractor shall be deemed to be due under the Contract until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the City; 18.04 As applicable to all bonds required under the Contract, the surety company shall have a Texas agent whose name shall be listed in the prescribed space on the forms provided by the City for all bonds required by the City, or otherwise listed therein if the form of the Bond is not prescribed by the City. 24 Section 19. PROJECT RECORDS All documents relating in any manner whatsoever to the Project, or any designated portion thereof, which are in the possession of the Contractor, or any subcontractor of the Contractor, shall be made available to the City and/or its consultants for inspection and copying upon written request by the City. Furthermore, said documents shall be made available, upon request by the City, to any state, federal or other regulatory authority and any such authority may review, inspect and copy such records. Said records include, but are not limited to, all drawings, plans, specifications, submittals, correspondence, minutes, memoranda, tape recordings, videos, or other writings or things which document the Project, its design, and its construction. Said records expressly include those documents reflecting the cost of construction to the Contractor. The Contractor shall maintain and protect these documents for not less than three years after completion of the Project, or for any longer period of time as may be required by law or good construction practice. The Contractor further agrees to include these provisions in any subcontracts issued by him in connection with this Contract Agreement. 25 Section 20. APPLICABLE LAW The laws of the State of Texas shall govem this Contract Agreement. In any litigation arising under this Contract Agreement, the parties agree to a waiver of the right to a trial before a jury, and all such litigation shall be litigated only in a non jury hearing in Collin County, Texas. Section 21. SUCCESSORS AND ASSIGNS Each party binds itself, its successors, assigns, executors, administrators or other representatives to the other party hereto and to successors, assigns, executors, administrators or other representatives of such other party in connection with all terms and conditions of the Contract. The Contractor shall not assign the Contract without prior written consent of the City. Section 22. MISCELLANEOUS PROVISIONS 22.01 Construction Permits. The City hereby agrees to waive the charge for a City -issued building permit for this Project. However, the Contractor is responsible for obtaining all permits or fees otherwise required of the Contractor by the Contract Documents or permits and flees customarily the responsibility of the Contractor. The Contractor and all subcontractors are required to register with the City of Anna and pay the fee of $100; 22.02 Compliance by Contractor: Nondiscrimination. Contractor shall comply with all Federal, State and local laws, ordinances, rules and regulations of any authorities throughout the duration of the Contract. The Contractor shall be responsible for compliance with any such law, ordinance, rule or regulation and shall hold City harmless and indemnify same in the event of non- compliance. Contractor further agrees to abide by the requirements under Federal Executive Order Number 11246, as amended, including specifically the provisions of the equal opportunity clause; 22.03 State and local Taxes. Except as otherwise provided, contract prices shall include all applicable state and local taxes. Contractor shall indemnify and hold harmless the City for any loss, cost or expense incurred by, levied upon or billed to the City as a result of Contractors failure to pay any tax of any type due in connection with this Contract Agreement. Contractor shall ensure that the above sections are included in all subcontracts and sub -subcontracts and shall ensure withholding on out of state sub and sub -subcontractors to which withholding Is applicable. 22.04 Any and all notices required to be sent under the Contract or otherwise shall be sent to the following: If to the City: City of Anna Attn: City Manager 120 W. Seventh St Anna, Texas 75409 If to the Contractor. A&C Construction, Inc. 1400 W. Irving Blvd. Ste 201 Irving, TX 75061 26 Section 23. ENTIRE AGREEMENT Aside from duly authorized Change Orders, any modification to this Contract Agreement must be supported by an additional, articulated consideration, and must either be in writing, executed by the parties hereto, or, if made orally, should be confirmed in writing, which writing should state the consideration which supports the modification. Failure to confirm an oral modification in writing shall constitute a waiver of any claim for additional compensation with regard to the oral modification. Nothing in this Section shall be construed to limit the City's authority to issue changes set forth in Section 14 herein. Section 24. SEVERABILITY If any term or condition of the Contract or the application thereof to any person(s) or circumstances is held invalid, this invalidity shall not affect other terns, conditions or applications which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of the Contract are agreed to be severable. 27 Section 25. WAIVER Waiver of any breach of any term or condition of this contract shall not be deemed a waiver of any prior or subsequent breach and shall not entitle any party hereto to any subsequent waiver of any terms hereunder. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. IN WITNESS WHEREOF, the Parties have executed this Contract Agreement under their respective seals on the day and year first written above. ATTEST: ATTEST: SEC (SEAL) CITY OF ANNA, TEXAS N Ry Henderson, Interim City Manager A&C Construction, Inc. BY: Jose Granados, President 28 CONSTRUCTION, INC. FM IMM Attention: City of Anna, Attn: Alan Guard, 120 W. 71h Street, Anna, TX 75409 Bids Due — May 3, 2023 2:00 PM Closing 1 Addendum Acknowledged THE CITY OF manna Jacobs CND COMPANY PROFILE Legal Business Name of our Firm: A&C Construction, Inc. 1400 Irving, Blvd., Ste. 201, Irving, Texas 75061 Main Phone: 972-457-0423 Jacobs THE CITY OF Anna Form of Business Organization: Corporation — Formed in 2016 in the State of Texas — Specializing in Municipal, Commercial, & Residential Individuals authorized to make representations on behalf of A&C Construction, Inc. Jose Granados, President Email: iose(o)acconstruction.us Ph: 214-682-0264 David Stanfield, Vice President Email: david(@acconstruction.us Ph: 469-921-5568 CONSTRUCTION, INC. WHO WE ARE OUR MISSION Jacobs THE CITY OF Anna A&C Construction, Inc. was established in 2016. Brothers, Jose and Carlos Granados founded the company on traditional values of construction and believing that the American Dream of building a solid company from the ground up was possible. In the last decade, A&C Construction, Inc. has built and renovated hotels, churches, municipal projects, banks, retail stores, shopping centers, car dealerships, residential houses, and more. During that time, A&C also built one of the most trusted brands in the industry. A&C has been recognized for transparency in our dealings and honesty in everything we do. A&C Construction, Inc. is committed to providing high quality and solutions for our clients construction needs with a best -in -class experience. We focus on building long-term partnerships with honesty, integrity, and trust. Our core values are the foundation of our company and the projects we work on, no matter how big or small. Everyone in and involved with our company embraces our core values: • Quality • Punctuality • Honesty WHY CHOOSE A&C CONSTRUCTION, INC. A&C Construction, Inc. has the experience and knowledge to tackle any project. Our innovation begins with the initial planning process and continues through project completion to help meet schedules and budgets. Our expertise and unique business model has helped us create a process that provides the least amount of disruption to clients and residents, while also providing a best -in -class experience due to our efficiencies. A&C has maintained an excellent reputation based on innovation, reliability, and integrity in everything we do. We are very critical in understanding the needs of our clients and we give our clients the guarantee that we strive to deliver our projects on time within budget and of the highest standard of quality. We see to it that our projects teams work very closely with our clients and that their needs will always be considered in all major project decisions. We secure with our clients our transparency in costing, budget control, project scheduling, and commissioning as part of our accountability and integrity. We believe in our service -oriented approach to business as the reason for our continued success. We value our clients, employees, subcontractors, and other business partners and consider them to be a vital part of our success and we aim in making a strong relationship with all of them. Jacobs PROJECT ORGANIZATIONAL CHART THE CITY OF Anna THE CITY OF Anna City Project President Manager „Sr��!N Contracts/Admin. Jose Granados City AA Vice President Inspectors 1: r,N Project Manager David Stanfield Geotech / Third Party Lab & Inspections In -House Labor & Subcontractor Team Supers & Forman A Quality Control & Safety Manager — F Project Assistant Project AA Superintendents r�.v J Michael Hampton DONS RLG�OM N Miguel Meaves CONSTRUCTION, INC. KEY PERSONNEL RESUMES Jose Granados(President) Jacobs THE CITY OF Anna Experience Jose has over 35 years' experience in the construction industry. He started his career as a mason specialist and then started his own masonry company with his brother, Carlos, in 2009 and has grown it into one of DFW's premier masonry and stucco companies. Jose and Carlos had bigger goals and opened A&C Construction in 2016 in order to pursue their dream of being a General Contractor and not just a sub. They established the company on the same standards and reputation they had built with their masonry company and were quickly able to make their mark as a GC. Jose's humbleness and kindness is what draws people in and makes you want to work with him. He knows every aspect of construction because he started in the field as a laborer and worked his way all the way to the top of his own company. Employment History General Laborer to Masonry Specialist —13 Years+ CRG Masonry & Stucco, Inc. — President/CEO — 2009 — Current A&C Construction, Inc. — President/CEO — 2016 — Current David Stanfield (Vice President & Proposed Project Manager) Experience David has 23+ years' experience in the construction industry. He started his career doing CAD/Drafting and drawing all types of projects. He worked his way up from drawing plans, to estimating, to project management, and then to executive roles. His passion is seeing a project go from plans to completion as he still loves the architecture and design element of every project. Throughout his career, he has taught drafting at the college level, sat on boards for companies, and played key roles for each company he worked for. He specializes in business development, project management, design aide, project scheduling, and construction problem resolution. He has been working with DFW area municipalities for the last 8 years and has built everything from parks to fire stations. David will be the key contributor and project manager for this project if we are chosen. Employment History A&C Construction, Inc. — Vice President/Project Manager - 9/15/21 — Current MSB Constructors — Senior Project Manager — 6/15/18 — 9/15/21 JCC, Inc. — Vice President - 5/15/2015 — 6/15/18 Avallone Architectural Specialties — Estimating Manager - 1211/2013 — 5115/15 North Shreve Construction — Project Manager/Lead Estimator-12/1/2009—1112/2013 S&S Professional Drafting Services — Owner/Manager — 8/1/2001-12/112009 Paris Junior College — Drafting Department Head—1/1/2004 — 5/31/2008 Texas Dept. of Transportation — Drafter/Construction Inspector—12/1/2000 — 4/31/2002 Hayter Civil Engineering, Inc. — Project Manager/Drafter —61111998-1212/2000 CON�CTION, INC. Jacobs THE CITY OF Anna Michael Hampton & Miguel Meave (Superintendent / Field Team) We will utilize two men on site for this project as our Superintendent/Field Crew Leaders. We will self -perform most of the work on the project, so we will utilize our Earthwork/Concrete Crew Leader, Michael Hampton for those scopes and also have our Site Superintendent, Miguel Meave on hand to assist them and coordinate all inspections and any other scopes/trades. They will both be under direction of the Project Manager, David Stanfield. This particular team of 3 men has successfully completed several projects together, all early, all on or under budget, and all with outstanding reviews from all of the Owner Reps and/or Municipalities we worked with. Michael's Experience Michael has 13+ years' experience in the construction industry. He started his career helping his father-in-law's construction business with estimating. He specializes in earthwork and concrete work. He went from estimating projects to being a helper on a concrete crew in the field to get hands on experience, to becoming a field crew leader and an integral part of his family business and growth. Michael will be the field crew leader on site and will be in charge of all earthwork and concrete activities. Miquel's ExperienceExperience Miguel has 10+ years' experience in the construction industry. He started his career as a drywall installer with a large interior finish -out company and later became a superintendent's assistant, and then a lead superintendent. Miguel has his Associates Degree in Construction Management on top of his 10+ years of field experience. He is bi-lingual, which is a great help on job sites and he does a great job of keeping a job site running smoothly and coordinated between all trades because he understands how trades connect and flow together. Between David, Michael, and Miguel, this team has built and/or managed similar projects for the City of Grand Prairie, Dallas, Irving, Allen, Arlington, Plano, Ponder, Pottsboro, Lewisville, Denton, Justin, McKinney, Waxahachie, Flower Mound, and more. ?RUCTION, INC. Jacobs THE CITY OF Anna WHAT CAN YOU COUNT ON DURING CONSTRUCTION? • Safety o Just like any successful General Contractor, we have to make safety a priority on ourjob sites. That starts with the properjob site safety training and staying in tune with possible hazards relative to the scope of work anticipated and scheduled. We start by requiring all of our employees to go through OSHA 30 Certification program where they learn all of the basics on job site safety. We then hold tool box topic safety meetings weekly on ourjob sites, which is conducted by our site superintendent. We have a company Safety Plan that is implemented on everyjob. We pride ourselves in keeping a project incident free and have always held very low EMR rates consistently, which is below 1.0 at all times. • Quality Control o Project quality is right there at the same level of importance to us as safety is. If we can't turn over high quality projects for our clients, then we would consider it a failure. We have developed and implemented a quality control plan specific on each project. We strictly follow the guidelines and steps in the plan to help ensure that everything done on site meets our quality standards. We have a great system of checks, double checks, and balances throughout the construction phase that allows us to eliminate issues and rework. o We have three phases of inspections during construction; Preparatory Meetings with each trade/sub, initial inspections once they near completion, and follow-up inspections when we are ready for the owner/architect review. o Our Superintendent tracks all non -conforming work with reports and hold our subs to high standards. We track everything from the time materials hit the site with material inspection reports, all the way through the finish -out process and make sure all work is ready to present to the team. • Prepare and Maintain Project Schedule o At A&C, all critical path scheduling is performed in-house and maintained throughout the project by the Project Manager. There is constant communication between the Project Manager, the Owner, the Design Team, and the Lead Forman for each Subcontractor, to keep consistent track of where things stand on the project so we can keep the schedule up to date appropriately. We build and maintain complete project schedules throughout the entire project and give the owner updated schedules monthly. Superintendents will also create and maintain 3-Week Look-Aheads, which will be used in conjunction with the overall schedule to help keep Subcontractors in line where they need to be for planning ahead. • Construction Administration & Documentation o We give our client's complete access to all project documents as required or needed during the project. This creates a transparent and accountable construction management climate that the entire project team can access. We will ensure that all project team members are current on project progress, information distribution, schedule updates, and current activities. We provide electronic copies of all CONSTRUCTION, INC. Jacobs THE CITY OF Anna RFI's, Submittals, Project Contact Information, Meeting Minutes, Contract Documents, Daily Reports, and any other important documentation. This provides a seamless transition from the Pre -Construction Phase, to the Construction Phase, and through the Close-out Phase of the project. • Punch List and Execution o We spend a considerable time towards the end of the project walking through the project site as a group with the Project Manager, Superintendent, and Subcontractor Formen, looking at finished work trade by trade. We try to identify any items that would end up on a punch list and we try to correct those items ahead of time. We are proactively looking at ways throughout the project, especially towards the end, to eliminate any and all of these items. Once we feel the project is substantially complete and ready for the owner and design team walk-through, we perform our own final walk- through alone to give the project one last round of checks and balances. Our goal is always to have a very small punch list, to no punch list. Once we are given a punch list, we take it and divide it up into each specific trade and supply the appropriate subs with a list only showing the items they are responsible for, which keeps them focused solely on their own duties, and it gives us a specific check- off list to use with each sub. • Project Close-out o A&C's construction close-out approach is to not wait till the end of the project to begin closing it out. We start working on close-out from the beginning of the project. Once subs finish their scopes of work, they are immediately asked to get their close-out documentation done and turned in. We file these items and begin assembling Operations and Maintenance Manuals, Warranty Notebooks, and Record Drawings. By the time the project reaches Substantial Completion, our close-out documents are basically done and all we have to do is double check our records and put finishing touches on things. We find this proactive approach very helpful in avoiding scrambling at the end of the project to get things done. • Warranty Services o Our philosophy for warranties is this, if we do a greatjob, but we don't follow through with providing the same quality of service when it comes to the warranty of that project, then we have still failed. The warranty has to be handled in the same manner as the construction. This is when integrity and taking pride in your work really comes into play. Does the contractor show up for the client when little things are needed after the contractor has finished and left the site? Well, our answer is YES. We don't leave our client hanging when things are needed. Our goal is to respond to any warranty call within 24 hours. In an emergency situation, the response will be immediately, day or night or weekend. Warranty means responsibility. We are responsible for our product or project until that warranty period ends, period. We demand and even bind our subcontractors by contract to handle warranty issues with the same expectations and because we work as a TEAM, it is not a struggle to get things done when they come up. It's about relationships and trust, which equates to team members wanting to pitch in and help on the small things along the way and after the project is over too. CONUCTION, INC. PROJECT HISTORY & CURRENT / RECENT PROJECT LIST Jacobs THE CITY OF Anna • City of Arlington: SE Branch Library Sidewalks, Parking Lot & Pavement Improvements • City of Grand Prairie: Mi Familia Park — Sidewalks/Trails, Playground, Landscaping, Lighting, Etc. • City of Irving: Oak Meadows Park Trail — Sidewalks/Trails, Picnic Areas, Landscaping, Etc. • City of Richardson: Apollo Road Property Improvements — Parking Lot, Soccer Fields, Sidewalks, Etc. • City of Allen: Heritage Park Pavilion Improvements — Site Work, New Large Ground -up Pavilion • City of Lewisville: New 60'x300' Pre-Eng. Truck/Equipment Shelter & New Parking at Kealy Facility • City of Irving: City Hall Landscape & Irrigation Improvements — Sidewalks, Pavers, Landscaping, Etc. • Koan Private School: New 6,000 SF Pre-Eng. Classroom Facility & Remodel of Existing Facility • City of Pottsboro: Multiple Park Improvement Project, Pottsboro, Texas • Denco Area 911 District Office: 1075 Princeton St., Lewisville, Texas • Lavon Justice of the Peace Office: 121 Private Rd. 5681, Lavon, Texas • Northstar Dermatology Office: 8165 Precinct Line Rd., North Richland Hills, Texas • Cross Heritage Storage Facility: 1702 Fannin Road, Melissa, Texas • Holiday Inn Express & Suites Hotel: 6351 North Freeway, Fort Worth, Texas • And many more completed projects over the years.... SOME OF OUR RELATED I MUNICIPAL REFERENCES City Irving / Capital Improvement Programlrving / Capital Improvement Program 825 W. Irving Blvd., Irving, Texas 75060 Gene Moulden, Planning Manager & Landscape Architect Gene has worked on multiple projects with us, including the City Hall Landscape/Paving Improvements Ph:972-721-2719 Email: gmoulden�cityofirvingom City Irving/ Capital Improvement Program Capital Improvement Program 825 W. Irving Blvd., Irving, Texas 75060 Brad Hughes, Architectural Project Manager Brad is the City PM on multiple projects that David Stanfield has managed (Hunter Ferrell Landfill Offices, Joint Fire Training Facility, Fire Apparatus Storage Facility) Ph: 972-721-2785 Email: bhughes�c' ofirving.org CONSTRUCTION, INC. Jacobs THE CITY OF Anna City of Lewisville. Texas 151 W. Church Street, Lewisville, Texas 75057 Ron Carson, Public Works Manager Ron worked with our team on a project for the City of Lewisville recently Ph: 972-219-3525 Email: rcarson(o)ci�oflewisville.com The Koan School The Koan School, Denton, Texas 76208 Amanda Newton, School Administrator Amanda is currently working with our team on a new school facility project that we designed and are building Ph:817-247-1371 • Email: Amanda.newton�koanschool.org City of Irving, Texas 825 W. Irving Blvd., Irving, Texas 75060 Terry Read, Landscape Architect Terry was the City Rep and Architect on the recent Oak Meadows Park Trail project we completed Ph:972-721-2717 Email: tread�ci ofirvingong CONSTRUCTION. INC. Ino- IRVING T E X A S October 7, 2022 Jacobs David Stanfield A & C Construction, Inc. 1400 W. Irving Blvd., Ste #201, Irving, Texas 75061 Re: City Hall Landscape Renovation Project David: THE CITY OF Anna I wanted to take this time to extend our appreciation for the diligent work of you, your staff, and sub -contractors. They all were very professional in delivering a high -profile project which being at City Hall had many "inspectors". Everyone was impressed with the commitment to get the job done, keeping the site clean and completing ahead of schedule. Please feel free to use me for any reference as needed and I look forward to collaborating on future projects. Sincerely, Project Manager CIP Planning Manager CONSTRUCTION, INC. Jacobs m krisnik 1-, LXC&M1i,:0 r, muss THE CITY OF Anna krisnik Management & Development, Inc. y100 Old Denton pc1 I Furt Worth, TX 761 51 P.817-67a-•i4i71 efaa.817.7%.1-130 The Ultimate Apprnncn to Acquur.. Devvrnp 4 Mcrn^o:, ilgrg Date: 1-7 January 2022 From: Anil Patel, President Subject Letter of Recommendation - A&C Construction, Inc To Whom it May Concern, This letter serves as a formal recommendation of A&C Construction, Inc ARC has completed the construction of 3 hotels for our 1705-pitality development group These projects include: 1) Staybridge Inn 8 Suites Fossil Creek - 84 extended stay room hotel a) Q01 N Freeway / Ft Worth, IX 76131 -.Slim project 21 Tru by Hilton Fossil Creek - 94 room hotel a) 62.00 Old Denton Rd / Ft Worth, TX 76131 - 510m project 3) Fairfield Inn & Suites Dallas -McKinney a) 1600 N Hardin Blvd / McKinney, TX 75071 - $15m prnjecr ABC Served as the Ceneral Contractor for these properties. They were very thorough in their pricing. execution, and delivery. The projects all came within budget and in fact, ABC was able to value engineer in order to help stay in I qne The team at AIC were very communicative and patient with our group ana spent the time explaining situations. This was highly appreciated as most GCS act as lone wolves At no tune were we left in the dark or scratching our heads. ABC makes it a priority to make sure their clients come first, In conclusion, we fully recommend A&C Construction, Inc. for our upcoming project Thanks. Anil Patei President Krisnek Management 8 Development, Inc 67.00 Old Denton Pd I Ft Worth, TX 76131 CONSTRUCTION, INC. February 1, 2019 Mr. David Stanfield Mr. Stanfield, Jacobs THE CITY OF Anna I am pleased to write you a letter of recommendation based on the opportunity that we had to work together an the construction of a new scale house and office building for the City of Irving landfill located on Hunter Ferrell Rd. This project has been viewed by the City as a success and the Solid Waste department personnel that occupy the buildings are very pleased with their facilities. As the City's project manager, I appreciated the ease of access that I had to your staff. I also recognize that the commitment to successfully completing the city's goals of the project was shared by you and your staff. When the foundation sub -contractor attempted to charge the City for carelessness In their work, I appreciated your frankness and direct approach in dealing wfth the Issue. 1 wish you continued success in your career and look forward to working with you on future projects with the City of Irving. Regards, Brad Hughes Architectural Project Manager Capital Improvement Program — City of Irving Irving, Texas 972.721-2785 CONSINC. To Whom it May Concern, Jacobs THE CITY OF Anna 11111111IM11111111 Chief s WA Fire NW Officer 9 ®otaeeo ' es1 R7[lic3 eotiar emu. J. Taylor - 502 January 31, 2019 I had the pleasure of working with David Stanfield during the 2017 construction of our Fire Training Facility in Irving. Thiswas a $4 million project that provided many challenges requiring ingenuity from our contractor. Thankfully for us, David Stanfield was our contact responsible for managing this project for our contractor. I was the project manager for the Irving Fire Department (IFD). Therefore, I was in contact with Mr. Stanfield on a daily basis. His detailed organizational skills coupled with constant and full communication, made this project succeed in a manner that was very smooth and consistent. During the same timeframe, IFD had another project ongoing by a different contractor. This project was nothing short of a nightmare due to the lack of leadership and organizational/communication skills by the management team of the other contractor. Mr. Stanfield's leadership skills were appreciated and evident in his team's production. I would suggest using Mr. Stanfield for any of your contracting needs. His performance will make you a believer as well. He would have made a great firefighter. If you have further questions pertaining to Mr. Stanfield's performance please don't hesitate to contact me. Regards, 5�31� LG. Taylor III Assistant Chief Irving Fire Department 972.721.7747 jtaylor@cityofirving.org THE CITY OF 01 CONSTRUCTION, Jacobs manna etouP December 4, 2018 es�� N A' D P�aP^�� To whom it may concern, tttitSeclS 8� David Stanfield was the project manager for the \!5* W� on oor IrvingfGrand Prairie FTretrain g facility project contractor Paeb P� construction knowledge and organizational skills made a W. � �Eo PP difficult project successful. They completed the project on ^Gori�ca time and took the lead on coordinating with another P? contractor hired to build the burn tower on the site. He was a team player working with the client's many changes. I have relied on him for cost estimating on additional projects. I highly recommend David and his team for any project you are considering. �^Set 9a N^pVi � 9'L7$�i �� 1#' t� ao7 Sincerely, `gyps pptExPt at3 ,fip j5'tpa l/ oM se+°'jya5 .v� UF�L �m9 aa�°'ga Melissa Brand-Vokey, AIA Regional Director CONSTRUCTION, INC. _ J+ IRVING T E X A S March 31, 202D To Whom It May Concern: Jacobs THE CITY OF Anna The City of Irving Fire Department has recently constructed a building to house our reserve fleet of fire apparatus. This facility included office space, break room, shower facilities and 10,000 square feet of open floor space to park apparatus and stage response ready rescue trailers. This was our first building project with David Stanfield and to say the least we are pleased with their timelines, site cleanliness, responsiveness and overall commitment to quality. The submitted pricing was in line with what we anticipated and the fact David Stanfield was going to be the project lead. We have a previous building project relationship with David and knew his ability to construct a project to our expectations. All of our questions and concerns were addressed quickly which helped In keeping this project moving forward for an on -time completion date. I am pleased with the commitment to quality and customer satisfaction and would recommend David Stanfield for our upcoming building projects. Respectfully, Ton Assistant Fire Chief, Irving Fire Department CCON'STRUCTION, INC. January 31, 2019 Letter of Reference David Stanfield Arlington Fire Station # 17 Arlington, TX To Whom It May Corrcem: Jacobs THE CITY OF Anna BROWN REYNOLDS WATFORD ARCHITECTS 3535 TRAVIS STREET SUITE 250 OALLAS. TEXAS 7520A 21A528.8704 www.6RwARCH.COM am pleased to provide a reference for the above -mentioned project on behalf of David Stanfield. I performed Construction Administration for the entirety of this project. While this project had several issues during construction, Mr. Stanfield did o geed job of working through the Issues in a timely fashion with a good attitude and knowledgeable experience. He exercised control over his subcontractors and kept the project moving forward without inconveniencing the schedule or the Owner. Mr. Stanfield was forward - thinking, keeping ahead of potential problems. I can recommend Mr. Stanfield and his new construction company to anyone wishing to construct a new project, as I'm confident he will bring the experience and attitude to successfully complete the work. Sincerely, Steven 1. Danielson, CSI, CCS, CCCA Senior Associate BRW Architects, Inc. C ONSTR�NC. Jacobs PROJECT SITE MAINTENANCE & ESTABLISHMENT THE CITY OF Anna Again, we take pride in running a clean, safe, and well maintained project site. We treat everything as if it was our own. We keep ourselves, our workers, our subcontractors, and anyone else entering the project site safe by requiring proper PPE at all times (safety boots, vests, hard hats, and glasses as required by activities going on). In the current Covid pandemic we are experiencing, we also take action to ensure our workers are in good health by making sure they don't have any symptoms of Covid or any other illness prior to coming on site. We will properly install and maintain SWPPP's on site at all times. It will be checked and adjusted daily by the site superintendent, and we will have our SWPPP subcontractor inspect it and make any needed repairs after all rain or weather events. It will be removed upon completion of the project and the areas restored to their original condition. We will properly install and maintain Traffic Control throughout the project duration as well. We will submit TCP's upon starting the project and once it is reviewed and approved, it will be installed accordingly. We have a working relationship with Buyers Barricades and they take care of our requirements on all of our projects. Building that relationship insures that we get what we need, when we need it, as things tend to pop up on you with projects involving high volume pedestrian activities, so it is very important that we stay on top of traffic and pedestrian control. If there are items that involve us removing, storing, and re -installing items, or protecting existing elements during construction, we take proper care of them. This is very important to us because we do not want to have to buy or replace these items if damaged. Again, we treat these items as if they were ours and we take extra care with them. We will store them in secured, safe places and we will put them where they need to be in original condition. Another very important item for us on this project is the establishment of the turf and landscaping items involved with the project. Our team has worked on multiple projects for the City of Irving and we know how important this is to the city. We are familiar with the protocols and special instructions the city has in place. We take all of this into consideration during the installation of these items, from selection of the elements prior to bringing them on site, to the installation process, and through the growing -in and maintenance period of these elements. This project is not a large project, so the process will not be difficult. We don't anticipate any watering issues as it will all be accomplished with temporary irrigation methods or hand watering until the permanent elements are up and running. Jacobs THE CITY OF Anna MRWBEi(6NUB a DBE (:'llP1C,1IlY AIdr V�O<v4 D bl 'S I'�,_ . lf�l E-!II-HISi so,m�a�e�.,a,��.ny u�a�,mia�a a�,m�srrom, w�nvmyrm,ryaw�ww,�y,rcy A&C Construction, Inc. is an Hispanic Owned company. We do not currently have our Minority Certifications in place, but that is something we are working on. However, we always make an effort to invite any and all minority owned subcontractors to bid on our projects. We utilize bidding subscription platforms such as iSgFt and PlanHub, that will intentionally send out our bid invitations to MWBE, HUB, NCTRCA, and DBE subcontractors all across the DFW area. We typically always meet our MWBE goals on any project that has a goal percentage or requirement because most of the subcontractors we utilize on our projects do have their certifications. On this particular project, we will meet or exceed the Construction Goal of 30%. Our sister company, Berumen Construction is MBE Certified and will be doing at least 30% of the project scope. 6AIA Document A310 TV - 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place A&C Construction, Inc. of business) 1400 W. living Blvd, Ste 402 Atlantic Specialty Insurance Company Irving, TX 75061 605 Highway 16 Plymouth, MN 55441 OWNER: (Name, legal status and address) City of Anna 120 W. 7th Street Anna, TX 75409 BOND AMOUNT: $ Five percent (5%) of Bid Amount PROJECT: (Name, location or address, and Project number, if any) City of Aetna Parks Project The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The condition$ of this Bond are such that if the Owner accepts the bid of the Contractor within, the, time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds 'as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful perfommitnce of such Contract and for the prompt payment of labor and material furnished in, the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount foir which the 'Owner may in good faith contract with another party to perform the work covered by said bid, then this ,obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the 'Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so fiunished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. AMMONS AND DELETIONS: The author of this document has added Information needed for its completion. The author may also have revised the text of the original AIA standard form. An Addiflons and WeWas Report that notes added Information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical tine In the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has Important legal consequences. Consultation with an attorney Is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A310TO - 2010. Copyright 0 1903.1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIAP IntL Document Is protected by U.S. Copyright Law and International Troatles. Unauthorised reproduction or distribution of this AIA° Document, or any portion of It. may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Signed and sealed this 26th day of April, 2023 oil Q.IZlf�i/L . (Witness) (Principal) (Seal) (Title) 07 (Surety) (Seal) Sam J. Sealer, Attomey in Fact (77tle) �u IML AIA Document A31WO — 2010. Copyright ®1903, 1970 and 2010 by The American Institute ct Architects. All rl" reserved. WARNING: This AIAB Document is protected by U.B. Copyright law and International Treaties. Unauthorized reproduction or distribution of this AIO Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (877099080) CINSURANCE Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth. Minnesota, does hereby constitute and appoint: Sam Sealer, each individually if there be more than one named, its [me and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unffmiled and the execution of such bonds, recognizances, contracts of Indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shag be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal.'Ibis Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: Thal the President, any Senior Vim President or Vice -President (each an "Authorized Offcer"i may execute for and in behalf of the Company any and all bonds, recognizances, commas of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -In -Fact to execute on behalf of the Company any and all such instmments and to affix the Company seal thereto; and that the Authorized Officer may in any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attomey-in- F'act. Resolved: That the Auomey-in-Fan may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recngnivances, contracts of Indemnity, and all other writings obligatory in the nature thereof, and any such miumment executed by any such Auomey-In-Fun shall be as binding upon the Company as if signed and seated by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seat may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Auomey-in-Fact for purposes only of executing and scaling any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to he affixed this twenty-seventh day of April, 2020. 105N,i ! INB"q i G °SEALf m1 ss= 1986 STATE OF MINNESOTA Paul J. Brehm. Senior Vice President HENNEPIN COUNTY ` -rr *N,d On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding Instrument, and he acknowledged the execution of the same, and being by me duly swom, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said Instrument by the authority and at the direction of the Company. AUSONOWANNASH-TROUT NOTARYPUBUC •1111NNEEOTA My Commission Expires January71, 202a L�54'n4lw- Notary Public I, the undersigned. Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney Is in full form and has not been revoked, and the resolutions set forth above am now In force. Signed and sealed. Dated 26th day of April 2023 This Power of Attorney expires January 31, 2025 /t'V Y Iii fgw4�oPP00,t)F SEAL m• s 1986 1--?y +4" f N f Kara Bartow, Secretary Please direct bond verifications to 5umtvllir a ctinsumnce r r m VENDORS COMPLIANCE TO STATE LAW Texas Government Code, Chapter 2252, Subchapter A provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state Contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section 4 must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident Contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in business, are required to be _ copy of the statute is attached. (give state), our principal place of percent lower than resident bidders by state law. A Non-resident vendors in (give state), our principal place of business, are not required to underbid resident bidders. B. V Our principal place of business or corporate office is in the State of Texas. BIDDER/OFFEROR: A&C Construction, Inc. Company 1400 W. Irving Blvd., St 2011 Jose Granados (please print) Signature: Irving, Texas 75061 Title: City State Zip 972-457-0423 Phone President (please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION 18 AFFIDAVIT AGAINST PROHIBITED ACTS I hereby affirm that I am aware of the provisions of Texas Penal Code Section 36.02, 36.08, 36.09 and 36.10 dealing with Bribery and Gifts to Public Servants. I further affirm that I will adhere to such rules and instruct and require all agents, employees, and sub -contractors to do the same. I am further aware that any violation of these rules subjects the Contract Agreement for this project to revocation, my removal from bid lists, prohibiting future contract/subcontract work, revocation of permits, and prosecution. ATTEST (if corporation) �Ct►on V _.o �h - •c, 0'% - Date Date 22 EXHIBIT B BID PROPOSAL FOR City of Anna Parks (Natural Springs Park, Slayter Creek Park & Henry Clay "Yank" Washington Park) Recapitulations TOTAL BASE BID TOTAL BID ALTERNATE 01 TOTAL BID ALTERNATE 02 $3J)5z)31o, 00 g 9Pj 840, oo $ (�162.d,00 Notice of award will be mailed to the undersigned at the following addresses: A&C Construction, Inc. Contractor By: I A 1400 W. Irving Blvd., Irving, TX 75061 Principal Place of Business (Corp. Seal if Bidder is Attest: Secretary:'~ TEXR��z. Acknowledgment is herebj tngda of)'Leipt of the following Addenda, if any: No M No. 1 Date: 4/21 /23 Date: Date: List Subcontracts (Company name, contact number and type of work): a QUALIFICATION STATEMENT OF BIDDERS CIRCLE ONE: Sole Proprietor Partnershi Cor oration Joint Venture NAME: ADDRESS: CITY: PHONE: PRINCIPAL PLACE OF BUSINESS: PARTNER: ADDRESS: CITY: PHONE: PRINCIPAL PLACE OF BUSINESS: COUNTY STATE COUNTY STATE IF THE CONTRACTOR IS A CORPORATION, FILL OUT THE FOLLOWING: STATE OF INCORPORATION: Texas LOCATION OF PRINCIPAL OFFICE: 1400 W. Irving Blvd., Irving, Dallas County, TX 75061 CONTACT PERSONS AT OFFICE: David Stanfield -Vice President PERSON EXECUTING CONTRACTS ON BEHALF OF CORPORATION: NAME: Jose Granados ADDRESS: 1400 W. Irving Blvd., St 201, TITLE: President Irving, Texas 75061 CITY STATE ZIP PHONE: 972-457-0423 or 469-921-5568 NAMES OF OFFICERS: (IF APPLICABLE) Jose Granados, President David Stanfield - Vice President LIST NUMBER OF EMPLOYEES WORKING FOR CONTRACTOR: 18 NUMBER OF YEARS IN BUSINESS AS A GENERAL CONTRACTOR ON PROJECTS SIMILAR TO THIS PROJECT: 7 Years + as a General Contractor 20 Years + as a Subcontracting Company under Same Ownership 11 LIST RECENTLY COMPLETED PROJECTS OF THE TYPE OF WORK QUALIFYING FOR OR SIMILAR WORK, PLUS THE FOLLOWING INFORMATION FOR EACH PROJECT: PROJECT: Oak Meadows Park Trail OWNER/ENGINEER: City of YEAR BUILT: 2022 Architect PRICE: $343,450 CONTACT PERSON: Terry Read PHONE: 972-721-2717 tread@cityofirving.org PROJECT: City Hall Landscape/Hardscape Renovations OWNER/ENGINEER: _City of Irving -Gene Moulden, City Landscape Architect YEAR BUILT: 2022 CONTRACT PRICE: $451,995 CONTACT PERSON: Gene Moulden PHONE: 972-721-2719 gmoulden@cityofirving.org PROJECT: Allen Heritage Village Pavilion Improvements OWNER/ENGINEER: City of Allen - Matt McComb YEAR BUILT: 2023 CONTRACT PRICE: $358,830 CONTACT PERSON: Matt McComb PHONE: 214-509-4721 mmccomb@cityofallen.org PROJECT: Koan School - Facility Upgrades and New Building OWNER/ENGINEER: The Koan School - Design/Build Project by A&C YEAR BUILT: 2022 CONTRACT PRICE: $1,073,924 CONTACT PERSON: Greg Gullion - School Director PHONE: 940-597-9184 greg.gullion@koanschool.org (USE ATTACHMENTS IF NECESSARY) LIST INCOMPLETE PROJECTS, PLUS THE FOLLOWING INFORMATION FOR EACH PROJECT LISTED: PROJECT: Mi Familia Park - Phase 1 Improvements Will be done by June and waiting for playground equipment OWNER/ENGINEER: City of Grand Prairie - TBG Partners Landscape Architects PERCENT COMPLETE: 40% CONTRACT PRICE: $2,056,320 CONTACT PERSON: Steve Plumber, Park Manager PHONE: 972-237-8392 splumer@GPTX.org PROJECT: Apollo Road Property Soccer Fields & Parking Lots Just Starting - Done by end of July OWNER/ENGINEER: City of Richardson - Dunaway & Associates PERCENT COMPLETE: 0% CONTRACT PRICE: $1,122,484 CONTACT PERSON: Paul Nassauer, Parks Planner PHONE: 972-744-4311 paul.nassauer@cor.gov PROJECT: Onion Shed and Rambler Park Just Starting - Done by end of July OWNER/ENGINEER: City of Farmersville -Dunaway & Associates PERCENT COMPLETE: 0% CONTRACT PRICE: S342,500 CONTACT PERSON: Eddy Daniel, Engineer PHONE: 972-782-4683 edaniel@dunaway.com (USE ATTACHMENTS IF NECESSARY) 12 HAVE YOU OR ANY PRESENT PARTNER(S) OR OFFICER(S) FAILED TO COMPLETE A CONTRACT? No, never IF SO, NAME OF OWNER AND/OR SURETY: CONTACT PERSON: PHONE: ARE THERE ANY UNSATISFIED DEMANDS UPON YOU AS TO YOUR ACCOUNTS PAYABLE? No, none IF SO, GIVE NAMES, AMOUNTS, AND EXPLANATIONS: BANK REFERENCE: Bank: Bank of America Address: City: Irving State: TX Zip: Contact Person: Lola Delamo - lola.delamo@bofa.com Phone: 469-267-3403 MUNICIPALITY REFERENCE Contact Person: Gene Moulden Address: 825 W. Irving Blvd., Irvin City: City of Irving Position: City Planning Manager TX Phone: 972-721-2719 OTHER CREDIT REFERENCES Name: Acme Brick - Scott Yung Address: isyoung(cDbrick.com Phone: 940-391-2410 Name: Horton Building Supply - Jason Fletcher Address: jetcher@hortonbuildingsupply.com Phone: 214-363-6180 13 In compliance with Invitation to Bid for above mentioned types of projects, the undersigned is submitting the information as required with the understanding that the purpose is only to assist in determining the qualifications for this organization to perform the type and magnitude of work designated, and further, guarantee the truth and accuracy of all statements made, and will accept your determination of qualifications without prejudice. The surety herein named, any other bonding company, bank, sub -contractor, supplier, or any other person(s), firm(s) or corporations with whom I (we) have done business, or who have extended any credit to me (us) are hereby authorized to furnish you with any information you may request concerning performance on previous work and my (our) credit standing with any of them; and I (we) hereby release any and all such parties from any legal responsibility whatsoever on account of having furnished such information to you. Signed: - �• Company: A&C Construction, Inc. Title: Vice President Date: 5/2123 14 QUALIFICATION STATEMENTS OF PERSONNEL (Resumes may be submitted in lieu of these forms) PROJECT MANAGER NAME: David Stanfield YEARS WITH COMPANY: 1 Year & 6 Months YEARS IN CURRENT POSITION: 15+ EXPERIENCE ON SIMILAR PROJECTS PROJECT: Mi Familia Park - Phase 1 Improvements City of Grand Prairie PROJECT DESCRIPTION: New Walking Trails, Monument Sign, Playground, Retaining Walls, Site Lighting, Site Drainage, Landscaping, & Irrigation at a City Park DATE COMPLETED: Current PROJECT COST: $2,056.320 PROJECT: Canyon Falls Park City of Flower Mound PROJECT DESCRIPTION: New Walking Trails, Monument Sign, Playground, Retaining Walls, Site Lighting, Site Drainage, Landscaping, Irrigation, Restroom Building, Pavilion, Exercise Equipment Sites, Splashpad, and Site Furnishings at a City Park DATE COMPLETED: 2021 PROJECT COST: $2,574,800 PROJECT: Delaware Creek Park Trail City of Irving PROJECT DESCRIPTION: New Walking/Biking Trails (2 Miles), 100 LF Pedestrian Bridge, Masonry Columns, Site Furnishings, Site Drainage, Landscaping, Railings, and Fencing at a City Park DATE COMPLETED: 2020 PROJECT COST: $1,734,350 15 QUALIFICATION STATEMENTS OF PERSONNEL (Resumes may be submitted in lieu of these forms) SUPERINTENDENT NAME: Miguel Meaves YEARS WITH COMPANY: 1 Year & 6 Months YEARS IN CURRENT POSITION: 10+ EXPERIENCE ON SIMILAR PROJECTS PROJECT: Mi Familia Park Improvements -City of Grand Prairie PROJECT DESCRIPTION: New Walking Trails, Monument Sign, Playground, Retaining Walls, Site Lighting, Site Drainage, Landscaping, & Irrigation at a City Park DATE COMPLETED: Will be done by June and waiting for playground equipment PROJECT COST: $2,056,320 PROJECT: Oak Meadows Park Trail PROJECT DESCRIPTION: City Park with Walking Trails, Exercise Pads, Playground, Landscaping DATE COMPLETED: December 2022 PROJECT COST: $343,450 PROJECT: Irving City Hall Paving and Landscape Improvements PROJECT DESCRIPTION: Complete Demo and Redo of Sidewalks, Hardscapes, Site Lighting, Landscaping, Irrigation, Site Furnishings, Site Artwork/Sculptures around City Hall Complex DATE COMPLETED: October 2022 PROJECT COST: $451,995 These are his last few projects, but there are many more similar that he has built. 16 QUALIFICATION STATEMENT OF BIDDER'S SURETY SUBMITTED TO: City of Anna BIDDER: A&C Construction, Inc. ADDRESS: 1400 W. Irving Blvd., Irving, Dallas County, TX 75061 PHONE: 972-457-0423 1. Has this surety furnished contract bonds on contracts now complete? 2. Has this surety furnished contract bonds on contracts now incomplete? 3. What is the maximum bonding capacity of this Contractor? 4. Is the current financial information on this Contractor satisfactory? 5. Does information obtained indicate accounts are paid when due? If not, give details: fi. Is it your opinion that the bidder has sufficient experience and financial resources to satisfactory perform the contract? 7. Provided this bidder does not assume other commitments or that you do not acquire further information that in your opinion will materially affect the bidder's capacity to perform this contract, will you furnish the bonds as specified? REMARKS: SURETY: _ SIGNED: _ TITLE: ADDRESS: CITY STATE ZIP PHONE: (IN DUPLICATE) 17 VENDORS COMPLIANCE TO STATE LAIN Texas Government Code, Chapter 2252, Subchapter A provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state Contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section 4 must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident Contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in business, are required to be _ copy of the statute is attached. (give state), our principal place of percent lower than resident bidders by state law. A Non-resident vendors in I (give state), our principal place of business, are not required to underbid resident bidders. B. V Our principal place of business or corporate office is in the State of Texas. BIDDER/OFFEROR: A&C Construction, Inc. Company 1400 W. Irving Blvd., St 201, Irving, Texas 75061 City State Zip 972-457-0423 Phone By. Jose Granados (please print) Signature: Title: President (please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION 18 CERTIFICATE OF INTERESTED PARTIES FORM '1295 19 CERTIFICATE OF INTERESTED PARTIES FORM 1295 OFFICE USE ONLY Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. I Name of business entity filing form, and the city, state and country of the business entity's place of business. 2 Name of governmental entity or state agency that is a party to the contract for which the fornt is being filed. SAW* 3 Provide the identification number used by the governmental entity or state agency to kd dentify the contract, and provide a description of the services, goods, or other property to be provided a contract. ml,, N " V, 4 City, State, Country ature of Interest (check applicable) Name of Interested Party (place of business) C10 C Controlling Intermediary 'tA 5 Check only €ftttere I tented Party. ❑ G UNSWORN DEC�I� N My name Is and my date of birth is My addr, ✓� (street) (city) (state) (z(p code) (country) d 'Under penalty of e u that the foregoing is true and correct. P uY P d ry S� 9 Executed In County, State of , on the day of .20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) ADD ADDITIONAL PAGES AS NECESSARY Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 17/222017 20 AFFIDAVIT AGAINST PROHIBITED ACTS 21 AFFIDAVIT AGAINST PROHIBITED ACTS I hereby affirm that I am aware of the provisions of Texas Penal Code Section 36.02, 36.089 36.09 and 36.10 dealing with Bribery and Gifts to Public Servants. I further affirm that will adhere to such rules and instruct and require all agents, employees, and sub -contractors to do the same. I am further aware that any violation of these rules subjects the Contract Agreement for this project to revocation, my removal from bid lists, prohibiting future contract/subcontract work, revocation of permits, and prosecution. Signature Date ATTEST (if corporation) Date 22 PROPOSAL AND BID FORM 23 Proposal of PROPOSAL AND BID FORM A&C Construction, Inc. Address: 1400 W. Irving Blvd., St 201, Irving, TX 75061 (hereinafter called 'Bidder"). To the Honorable Mayor and City Council City of Anna, Texas (hereinafter called "Owner") Deadline for Submission of Bid and Bid Opening: April 26, 2023 Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of: City of Anna Parks Natural Springs Park: Small parking lot with lighting, erosion control, irrigation & landscaping. Slayter Creek Park: Large parking lot expansion with lighting, address drainage issues, nine pickleball courts and two full-size basketball courts; remove existing gazebo. Henry Clay "Yank" Washington Park: A half -court basketball court, pedestrian connection to a new trail around an existing playground, relocation of irrigation heads, benches, and trash cans; additional site furniture and drinking fountains. for the City of Anna, Texas, having carefully examined the plans, specifications, notice to bidders, invitation to bid and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the prices stated. The Bidder binds himself on acceptance of his proposal to execute the Contract Agreement and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated in Exhibit "A" of this proposal. Bidder hereby agrees to commence the work on the above project within ten (10) days of receipt of written "Notice to Proceed" and to fully complete the project within 180 consecutive calendar days, thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum specified for each calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME: The time of completion is of the essence for this project. For each day that any work shall remain uncompleted after the time specified in the proposal and the Contract Agreement, or the increased time granted by the OWNER, or as equitably 24 increased by additional work or materials ordered after the Contract Agreement is signed, the sum per day shall of $500 shall be deducted from the monies due the CONTRACTOR: The sum of money thus deducted for such delay, failure or non -completion is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages, per day that the CONTRACTOR shall be in default after the time stipulated in the Contract Agreement for completing the work. The said amounts are fixed and agreed upon by and between OWNER and CONTRACTOR because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER in such event would sustain; and said amounts are agreed to be the amounts of damages which the OWNER would sustain and which shall be retained from the monies due, or that may become due, the CONTRACTOR under the Contract Agreement; and if said monies be insufficient to cover the amount owing, then the CONTRACTOR or its surety shall pay any additional amounts due. In the event that the actual damages incurred by the OWNER exceed the amount of liquidated damages, OWNER shall be entitled to recover its actual damages. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with the Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days from date of bid opening until the date that the project is awarded by the City Council. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications, and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed, as provided in the contract documents. Associated with this proposal is a Cashier's Check or Certified Check for: 5% Greatest Amount Bid Dollars ($5% GAB), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. 25 Bidder's bond must be post marked by the date of bid closing and mailed to: City Hall Attn: Alan Guard 120 W 7th St Anna, TX 75409 Bidder understands and agrees that the Contract Agreement to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Invitation to Bid. The Contractor's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the specifications as shown on the Proposal, or elsewhere, is approximate only and not guaranteed. The Owner does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work or other conditions pertaining thereto. Payment will be made on actual quantities installed at the unit bid price, and no claim will be made for anticipated profits for any decrease in profits. It is understood that the following quantities of work to be done at unit prices are approximate only and are intended principally to serve as a guide in evaluating bids. It is further agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Landscape Architect, to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased are to be performed at the unit bid prices. 26 EXHIBIT A BID PROPOSAL FOR Natural Springs Park a BID ITEMS ITEM NO. EST. CITY. UNIT DESCRIPTION UNIT PRICE AMOUNT 0.00 Mobilization 0.00 1.00 LS Mobilization -10% of base bid construction $19,320.00 $1s,320.00 1.00 SWPPP 1.01 467 LF Erosion Control Fencing - Silt Fencing includes removal and occasional replacement $3.00 $1,401.00 1.02 1 EA Construction Entrances - Including staging area $2,135.00 $2,135.00 1.03 1 EA Inlet Protection $130.00 $130.00 2.00 Demolition 2.01 257 CY Remove Existing Sod/Gravel - strip 4" and haul off -site $28.00 $7.1ss.00 2.02 725 LF Construction Fence - Fence of entire park $8.00 $5,800.00 2.03 171 LF Metal Railing Removal $5.00 $855.00 2.04 300 LF Tree Protection Fence $3.00 $900.00 2.05 1 EA Remove Existing Tree $1,200.00 1 $1,200.00 2.06 142 CY Earthwork - Fill $61.00 $2,562.00 3.00 Parking Lot and Flatwork Construction 3.01 2,005 SY Concrete Parking Pavement - 5" reinforced concrete w/6" lime stabilized subgrade $78.00 $156,390.00 3.02 788 LF 6" Concrete Curb and Gutter $18.50 $14,578.00 3.03 177 SY Concrete Sidewalk $76.00 $13,452.00 3.04 8 EA Sidewalk Rams $610.00 $4,880.00 3.05 4 EA Ground Sign - ADA Parkin Sin $427.00 $1,708.00 3.06 884 LF Parking Lot Striping - 33'x18x10x20' $0.50 $442.00 3.07 14 1 1Accessible Pavement Marking $155.00 $620.00 3.08 1.7 CY RipRap$1,220.00 $2,074.00 4.00 Utilities and Draina e 4.01 1 LS Li hting $8,300.00 $8,300.00 4.02 1 EA Light Pole Foundation $2,200.00 $2,200.00 4.03 400 LF Conduits 1" RMC-LF $7.50 $3,000.00 4.04 1200 LF Wires #8 AWG $10.00 $12,000.00 4.05 1 LS General electrical (Coupling, straps, wire connectors etc. $6,200.00 $6,200.00 4.06 1 1 EA I Pullbox precast reinforced concrete $2,200.00 $2,200.00 4.07 1 1 EA I Breakers 20A/2P $185.00 $185.00 5.00 Landscape Elements rri 5.01 570 SY Bermuda Grass Sod — As indicated on plans with 2" depth of soil prep $10.00 $5,700.00 5.02 12 EA Trees — 3 in caliper $1,098.00 $13,176.00 5.03 5,561 SF Irrigation $6.00 $33,366.00 28 Slayter Creek Park a) BID ITEMS ITEM NO. EST. CITY. UNIT DESCRIPTION UNIT PRICE AMOUNT 0.00 Mobilization 0.10 1.00 LS Mobilization - 10% of base bid construction $79,890.00 $79,890.00 1.00 SWPPP 1.01 11 EA Construction Entrance $1,800.00 $1,800.00 1.02 11437 1 LF I Silt Fencing $3.00 $4,311.00 2.00 Demolition 2.01 1359 CY Remove Existing Turf - strip 4 inches from and dispose off -site $25.00 $33,975.00 2.02 538 SY Remove Existing Pavement (Parking Lot) - saw, cut and remove $33.50 $18,023.00 2.03 2322 LF Construction Fence - Fence of entire park $6.50 $15,093.00 2.04 160 LF Existing 6' Curb Removal Parkin Lot $27.00 1 $4,320.00 2.05 1,541 LF Existing Wood Fence Removal $3.00 $4,623.00 2.06 16 EA Existing Tree Removal $1,026.00 $5,130.00 2.07 1 1 LS Tree Protection Fence $1,350.00 $1,350.00 2.08 1801 CY Earthwork - Cut $24.00 $19,224.00 3.00 Flat Work Construction 3.01 367 LF Mowstri 12" wide $22.00 $8,074.00 3.02 200 LF Mowstrip curb wall 12"wide $32.40 $6,480.00 3.03 1,735 LF Curb and gutter 6"(parking) $16.20 528,107.00 3.04 6,808 SY Concrete Parking Pavement - 6" reinforced concrete w/6" lime stabilized subgrade $70.00 $476,560.00 3.05 5 EA ADA Pavement Marking $135.00 $675.00 3.06 15 EA I Wheel Stop Typ. $189.00 $945.00 3.07 5 EA ADA Ground Sin $378.00 $1,890.00. 3.08 5 EA Crosswalk Marking $270.00 $1 350.00 3.09 4328 LF Parking Stall Striping $0.50 $2,164.00 3.10 7 EA Barrier Free Ram $540.00 $3,780.00 3.11 1357 SY Concrete Pathway/Sidewalk - Medium Broom Finish Y4"x1" sawcut score joints $68.00 $92,276.00 3.12 1078 CY Pickleball + Basketball court slab; 5" Post Tension Slab + Beams $556.00 $599,368.00 3.13 1 3998 SY Pickleball and Basketball Court Surfacing $40.00 $159,920.00 3.14 1457 SY Tennis Court Resurfacing; at existing tennis courts $40.00 $58,280.00 4.00 Architecture Elements 4.01 9 EA Pickleball Net Assembly $510.00 $4,590.00 4.02 2 EA Basketball Goal Assembly $3,700.00 $7,400.00 4.03 3 EA Tables $2,600.00 $7,800.00 4.04 1 EA Drinking Fountain $3,500.00 $3,500.00 29 4.05 9 EA Waste Receptacle $1,512.00 $13,608.00 4.06 9 EA Benches- Backless $1,782.00 $16,038.00 4.07 20 EA Benches- Backed $1,890.00 $37,800.00 4.08 1037 LF Chain Link Fence 10' Tall Vinyl Coated $100.00 $103,700.00 4.09 477 LF Chain Link Fence 4' Tall Vinyl Coated $43.00 $20,511.00 4.10 8 EA Chain Link Fence Gate 10' Tall Vinyl Coated $1,350.00 $10,800.00 4.11 1037 LF Windscreen ickleball + bball courts $17.00 $17,629.00 4.12 1457 1 LF I Windscreen tennis court $11.00 $5,027.00 4.13 2 I EA Tennis Net Assembly $583.00 $1,166.00 5.00 Landscape Elements 5.01 52 EA Trees - 3 in caliper $756.00 $39,312.00 5.02 11 EA Trees - 2 in caliper $648.00 $7,128.00 5.03 4,143 SY Bermuda Grass Sod -As indicated on plans with 2" depth of soil prep; includes adjustment of existing irrigation for establishment $8.00 $33,144.00 5.04 1,295 SF Shrubs/Ground Cover $16.20 $20,979.00 5.05 1 17,554 1 SF I Irri ation $3.50 $61,439.00 6.00 Utilities 6.01 1 LS Lighting (Sport Court Lighting with (11) 25' poles; 9 Tree U li hts $82000.00 $82,000.00 6.02 1 LS Light Controls Allowance $9,000.00 $9,000.00 6.03 14 EA Light Pole Foundations $1,296.00 $18,144.00 6.04 4,000 LF Conduits 1" RMC-LF $6.50 $26,000.00 6.05 12,000 LF Wires #8 AWG $8.64 $103,680.00 6.06 1 LS General electrical (Coupling, straps, wire connectors etc. $7,000.00 $7,000.00 6.07 126 EA Pullbox precast reinforced concrete $1,944.00 $50,544.00 6.08 6 EA Breakers 20A/2P and 20A/1 $162.00 $972.00 6.09 1 EA Irrigation Controller Grounding $1,000.00 $1,000.00 6.10 153 LF 2" PVC Water $54.00 $8,262.00 6.11 1 EA Allowance for Outlets $5,400.00 $5 400.00 6.12 2 EA 5' Curb Inlet $6,480.00 $12 960.00 6.13 1 EA Storm Drain Manhole $13,500.00 $13,500.00 6.14 1200 LF Storm Water Pie 18" -18" HDPE Pie $172.80 $34560.00 6.15 2 EA Catch Basins $3,780.00 $7,560.00 6.16 6 EA Trench Drain $5,940.00 $35,640.00 6.17 1 EA Drain Outlet; 6MD3P 6 C900 Pipe HDPE Grate 3:1 - Light Grey$1,500.00 $1,500.00 6.18 80 LF 4" HDPE Pie $75.60 $6,048.00 6.19 360 LF 6" HDPE Pie $86.40 $31,104.00 6.20 1 EA 4"x6" HDPE Tee $1,300.00 $1,300.00 6.21 3 EA City Standard Fire Hydrant $7,020.00 $21,060.00 6.22 3 EA 6" Gate Valve on Hydrant Lead $3,240.00 $9,720.00 6.23 242 ILF 16" PVC AWWA C900, minimum DR18 1 $86.00 $20,812.00 6.24 1 1 EA 6" 90 Bend 1 $1,025.00 $1 025.00 30 Henry Clay "Yank" Washington Park a BID ITEMS ITEM NO. EST. CITY. UNIT DESCRIPTION UNIT PRICE AMOUNT 0.00 Mobilization 0.10 11.00 LS I Mobilization -10% of base bid construction $28,000.00 $28,000.00 1.00 SWPPP 1.01 719 LF Erosion Control Fencing - Silt Fencing includes removal and occasional replacement $3.00 $2,157.00 1.02 1 EA Construction Entrances - Includes staging area $3,000.00 $3,000.00 2.00 Demolition 2.01 96 CY Remove Existing Sod - strip 4" and haul off- site $28 75 $2,7so.00 2.02 642 LF Construction Fence - Fence of entire park $8.00 $5,136.00 2.03 17 SY Remove Existing Concrete - remove 6" curb around playground $39.00 $663.00 2.04 3 EA Remove Existing Bench - remove and turn over to the C' $185.00 $sss.00 2.05 2 EA Remove Existing Trash Receptacle - remove and turn over to the City $187.50 $375.00 2.06 10 EA Tree Protection $187.50 $1.875.00 2.07 136 1 CY Earthwork - Fill $65.00 $8,840.00 2.08 1 1 EA Remove and Reinstall Pet Waste Station $300.00 $300.00 3.00 Flat Work Construction 3.01 83 LF 12" Concrete Mow curb $25.00 $2,075.00 3.02 49 CY Playground sidewalk w/ perimeter beam - 6" sidewalk with integral 18" perimeter beam $570.00 $27,930.00 3.03 39 SY Concrete Sidewalk $79.00 $3,081.00 3.04 130 CY Basketball Court - Post - Tensioned Slab $650.00 $84,500.00 3.05 367 SY Basketball Court- Surfacing $65.00 $23,855.00 4.00 Architecture Elements 4.01 80 LF Fence - 6' Vin I Coated Chain Link $110.00 $8,800.00 4.02 3 EA Benches - Backed 70" backed bench w/armrest $2,300.00 $6,900.00 4.03 2 EA Benches - Backless - 70" backless bench $2 200.00 $4,400.00. 4.04 2 EA Waste Receptacle $2,000.00 $4,000.00 4.05 1 EA Drinking Fountain $5,so0.o0 $5,500.00 4.06 1 EA Basketball Goal Assembly$4,500.00 $4,500.00 5.00 Landscape Elements 5.01 180 SY Bermuda Grass Sod - 2' width repair on edge of concrete work with 2" depth of soil pre $16.00 $2,880.00 5.02 1 LS irrigation Cap and Repair Allowance $7 500.00 $7,500.00 5.03 10 CY Fiber Replacement $140.00 $1,400.00 31 6.00 Draina e 6.01 250 LF Playground Underdrain $150.00 $37,500.00 6.02 1 EA Drain Outlet — 6MD3P 6" C900 Pipe HDPE Grate 3:1 — Light Grey $3,888.00 $3,888.00 Lighting — Bid Alternate 01 $99,4840.00 7.01 1 LS Lighting — Lighting w/ (6) 10' poles around playground + 2 25' poles at bball court 7.02 1 LS Lighting Controls Allowance 7.03 8 EA Light Pole Foundations 7.04 8 EA Pullbox precast reinforced concrete 7.05 500 LF RMC 1" conduit 7.06 1,500 LF Wires #8 AWG 7.07 1 EA Electrical commodity (Connectors, breakers etc. 7.08 1 EA Utility GCEC coordination allowance 8.00 Utilities — Bid Alternate 02 $16,620.00 8.01 140 LF 1" HDPE SDR 9 water 8.02 1 EA 1 "x2" Tee 8.03 1 EA 1" City Standard Gate Valve 8.04 1 EA 3/4" City Standard Water Meter 8.05 1 EA Pressure Reducing Valve Construction Schedule: Work must be completed within 180 consecutive calendar days after notification period of 10-days has passed. 32 EXHIBIT B BID PROPOSAL FOR City of Anna Parks (Natural Springs Park, Slayter Creek Park & Henry Clay "Yank" Washington Park) Recapitulations TOTAL BASE BID $ TOTAL BID ALTERNATE 01 TOTAL BID ALTERNATE 02 Notice of award will be mailed to the undersigned at the following addresses: A&C Construction, Inc. Contractor 1400 W. Irving Blvd., Irving, TX 75061 Principal Place of Business (Corp. Seal if Bidder is Corporation) Attest: Secretary: Acknowledgment is hereby made of receipt of the following Addenda, if any: No. 1 Date: 4/21/23 No. Date: Date: List Subcontracts (Company name, contact number and type of work): 33 REQUEST FOR CERTIFICATE OF EXEMPTION FROM TEXAS LIMITED SALES, EXCISE AND USE TAX Date: TO: Attn: Alan Guard City Hall 120 W. Seventh St Anna, TX 75409 RE: City of Anna Parks (Natural Springs Park, Slayter CreekPark, and Henry Clay "Yank" Washington Park) The undersigned Contractor hereby requests a Certificate of Exemption from the Texas Limited Sales, Excise, and Use Tax in the amount of ($ ) which is an amount not exceeding the contract price of all materials and other tangible personal property to be furnished in connection with the subject property. The undersigned hereby represents that such materials and property have been or will be utilized in the performance of the Contract Agreement to the full extent or the amount for which such Certificate of Exemption is requested. Company By: Signature: Title: Address: (Please Print) (Please Print) City State Zip Phone/Fax Email Address (Seal if Corporation) 34 At Sc 3 4 s 6 1 10 11 12 13 14 15 16 IT 18 19 20 21 22 23 24 2- 26 27 28 29 30 3t 32 IN 34 3- 36 37 38 39 40 41 42 jna Parks Project - Preliminary ;hedule Task Name Start Date End Date Alp, May Jun J.1 Aug Sep Od Nov D.c — Anna Parks Pmjact 06 i= Slott Aeb 08H923 0711423 I� Notice to Proceed Submittal Process D611923 06/1923 0611923 0711423 L-i Nebirel Springs Park 0611923 08/18123 !, ' .- __ 1 Mobilization - Erosion Control, Tree Protection, Traffic Control, Temp Fence. Mark Whim Ell OB/1S23 062323 Demo & Remove Existing Sod/Gravel, Metal Rails, Trees. Ship 4' from Site, or any other Items as Required by the Demo Plans OB2623 08/3023 Excavation l lime at Parking Lot/site Graduq 01111=3 072123 - Layout Form. & Pour Ne Concrete Curb & Gutter, Sidewalks, Light Pole Basis, Ramps, and Parking Lot 072423 o8104/23 Layoul, Trench, & Set Irnigztion System —_ 072423 08104f23 — Leycul, Trench, & Install Electrical Service 072423 0810423 Install Light Pole and Fixture 08107/23 OBN723 Install Landscaping Items - Sat, Trees, Ell 08/07/23 08/1123- Install Parking Lot Items - Striping, Markings, Sigmge, Elk. 08/0723 08I1123 She Cleanup, Internal Punch, Inspections, Etc. 08/14/23 08/la23 [-' Nervy ClayWaahlrglen Pork 0812123 1110723 ... _.....-_. Mobilization - Erosion Control, Tree Protection. Traffic Control, Temp Fence, Mark Lttilides, Etc. 08/21/23 o825123 Demo & Remove Existing Concrete Items. Site Furnishings, Trees. Strip 4' iron Silo. or any other kerns asRequired by the Demo Plain o82823 09/0123 Excavation I Site Grading 09/04/23 09/15M Layout, Form, & Pour the Concrete Maw Curb, Playground Perimeter Seams, Sidewalks, Light Pole Base, and Baekeroall Cast 0911823 1011323 — y Layout Trench, & Instal Underground WON 091/823 10IM3 - -- -- � — Layout, Trench, & Install Electrical Service 09/1110 101=3 Layout. Trench. & Install Playground Drainage o9/te23 1OM3 -- Adlust I Repair Irrigation System 10/0823 10/1023 Install New Sod 10/1123 1011223 Install Light Poles & Fixtures 101=3 102023 Install New Chain Link Fencing & Gates 1011623 102523 Basketball Court Surfacing 101200 10/2723 Install all Site Fumistdngs lop= 1013123 Site Cleanup, Internal Punch, Inspections, Etc. 1110123 1110723 j-. SkyWCrwk Park 0611923 ll2423 l Mobilization -Erosion Control, Tree Pnalec6on,Trellk Control, Temp Fence, Mark Utilities, Ell 0611923 082323 Demo & Remove Existing Concrete Item, Site Furnishings, Twee. Wad Fence, Strip 4' hen Site, a any other hems as Required by one Demo Plans 062823 0710723 Excavation I Lane at Padding Lot / Site Grading 0711023 0810423 Layout Form, & Pour the Concrete Mow Curb, Curb & Guaar, Ramps, Sidewalks, Light Pole Base. and PidOeball + Basketball Courts 08107/23 09115/23- Layout Trench, & Install Underground Utilities 0810723 0911523 Layout Trench, & Install Electrical Service 08/07/23 OW1523 Layout, Trench, & Install Initiation 0810723 0911523 Install Light Poles & Fixtures 09/18/23 IOMW3 Install New Chain Link Fencing. Gales, & Windscreens 1010923 1020123 Basketball, Pickleball, & Tennis Court Surfacing 102323 102723 1 Install Landscaping Item -Sad, Shrubs. Trees I 1013023 I 11I7023 Page 1 of 2 Imlall all Site Fumotungs I Silo CW$mp, Inlemal Punch, Impedions, Etc. Punch&CWse n' 17 4- 4e 50 1013023 111/1023 11/13/23 112423 112723 112/1923 Final Cleaning & Punch Prep 1127123 1210123 1 Substantial Completion 6 Punch Walk 12/0123 12/0123-- —�.— — — Punch List Execution 12/0423 12/1923 Close dDcc nenle- WananUm, 08M's, Etc. 12/0423 1211g/23 f. FhW CMOWJon & Tlnw 1211923 12/1923 Page 2 of 2 Anna Parks Projects - Bid Results A&C Construction Millis. Dev & Construction Bid Bond Received? Yes Yes Base Bid $3,152,310 $3,686,804 Alternate 1 $99,484 $128,515 Alternate 2 $16,620 $17,056 Selection Criteria Score 92 83 Deantonstruction, SO