26097-GST Rehab. - Contract Documents.pdf

THE C.T. BRANNON CORPORATION

AQUATIC CONSULTANTS CIVIL ENGINEERS AIRPORT CONSULTANTS

1321 South Broadway P.O. Box 7487 Tyler, TX 75711 Phone (903) 597-2122

WWW.BRANNONCORP.COM

Texas Registered Engineering Firm Texas Registration #F-242 Registered In: AL, AR, AZ, FL, GA, LA, MS, NE, OK, UT

ADDENDUM TO THE BID

ADDENDUM NO. 1

City of Lindale

Lindale, Texas

GROUND STORAGE TANKS REHABILITATION

TCTBC# 26097

Original Bid Date: September 8, 2026

Revised Bid Date: September 29, 2026

Time of Opening: 2:00 PM Contact: Dalton L. Brown, P.E.

Addendum Issued: September 11, 2026 TBC #26097 The following revisions and clarifications are to be incorporated into your bid for the above-referenced project. Acknowledgment of receipt of this addendum is required on the signature page of the proposal. Failure to acknowledge all addenda could render your bid out of form and result in disqualification. If you have any questions, please contact the project manager immediately.

ADDENDUM NUMBER 1:

1. REVISED BID OPENING DATE: Bids will be opened at 2:00 p.m. Tuesday September 29th

2026 at Lindale City Hall.

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TABLE OF CONTENTS

Addendum #1

BID DOCUMENTS

Instructions to Bidders

Bid Proposal

Bid Bond

CONTRACT DOCUMENTS

Standard Form of Agreement

Performance Bond

Payment Bond

Maintenance Bond

Contractor’s Insurance Requirements

Owner and Others Indemnified

GENERAL PROVISIONS AND REQUIREMENTS

SPECIAL PROVISIONS

TECHNICAL SPECIFICATIONS

City of Lindale –Ground Storage Tanks Rehabilitation 3

INSTRUCTIONS TO BIDDERS

1. Bids Must Be Submitted in Sealed Envelopes, Clearly Marked as Follows to Be Accepted:

Project Owner: City of Lindale

Project Description: Ground Storage Tanks Rehabilitation

Date of Opening: September 29, 2026

Time of Opening: 2:00 p.m.

Place of Bid: City Hall, 105 Ballard Drive, Lindale Tx 75771

Electronic submittals are allowed.

2. A cashier's check payable to the order of the Owner, in the amount of five percent (5%) of bid, or, Bid Bond issued by a surety licensed to do business in Texas in the amount of five percent (5%) of the bid shall be submitted with each bid.

3. Unbalanced bids will not be accepted. All items in the proposal are to be priced including all alternatives. Do

Not Furnish Offers, Proposals, Substitutions or Alternates Other than Those Called for in the Form of

Proposal.

4. Proposal must be signed by Owner or duly authorized Officer of the firm to be accepted.

5. Bidder shall be responsible for examination of the plans, specifications, and other documents and shall examine project site. Any discrepancy or omissions from plans, specifications or other documents shall be brought to the attention of the Engineer before bids are submitted.

6. Qualified bids cannot be accepted. All bidders must bid on the same scope of work. If you have questions please call well before bid date so that necessary addenda can be sent out to clarify bid items.

City of Lindale –Ground Storage Tanks Rehabilitation 4

BID PROPOSAL

Gentlemen:

The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals (excluding subcontractors) are those named herein, that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the form of contract, specifications, has carefully examined the location, conditions, and classes of materials of the proposed work; and agrees that he will provide all the necessary construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manners prescribed therein and according to the requirements of the Engineer as therein set forth.

It is understood that the following quantities of work to be done at unit prices are approximate only and are intended principally to serve as a guide in evaluating bids.

It is further agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased are to be performed at the unit prices set forth as follows.

It is agreed that lump sum prices may be increased to cover additional work ordered by the Engineer but not shown on the plan or required by the specifications, in accordance with the provision of the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered.

The bidder agrees that in the event of a discrepancy between unit price written in words and in numerals that the written words shall govern over numerals and further, that the actual bid shall be the sum of the extensions of unit prices regardless of addition errors arriving at the total bid.

Accompanying this proposal is a Bid Bond or cashier's check payable to the Owner. The bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal the bidder shall fail to execute a contract and file Performance, Payment, and Maintenance bonds within ten (10) calendar days after contract acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder.

It is understood that the Owner reserves the right to reject any and all bids. It also understood that the Owner reserves the right to accept or reject informalities in the bid proposal.

The undersigned bidder hereby proposes to perform the following work at the following price to-wit:

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City of Lindale –Ground Storage Tanks Rehabilitation 7

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City of Lindale –Ground Storage Tanks Rehabilitation 9

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The undersigned bidder agrees that he will complete all work on the contract within 120 Calendar Days after the date of the Notice to Proceed.

Bidder further agrees to pay liquidated damages as hereinafter provided.

In the event of the award of a contract to the undersigned, the undersigned will furnish a Performance Bond, a

Payment Bond and a Maintenance Bond each for the full amount of the contract, within ten (10) calendar days after contract acceptance, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee payment to all lawful claims for labor performed and materials furnished in the fulfillment of the contract.

The work proposed to be done shall be accepted when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer.

The undersigned certifies that the bid prices contained in the proposal have been carefully checked and are submitted as correct final.

NOTE: The prices must be shown in words and figures in the proposal and in the event of discrepancy, the words shall control.

RECEIPT IS HEREBY ACKNOWLEDGED OF

ADDENDA TO THE CONTRACT DOCUMENT NUMBERED: ___________

BIDDER:

Mailing Address Company Name

City, State, Zip Signature

Area Code and Telephone Number Name of Officer

Federal I.D. Number Title

City of Lindale –Ground Storage Tanks Rehabilitation 13

BID BOND

KNOWN ALL MEN BY THESE PRESENTS:

That we, the undersigned _______________________________________________________ as Principal, and

_______________________________________________________ as Surety, are hereby held firmly bound unto

________________________________________________ as Owner in the penal sum of

___________________________________________________________________________ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

Signed this ______________ day of __________________________, _______.

The Condition of the above obligation is such that whereas the Principal has submitted to

___________________________ a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing for the _______________________________________.

NOW THEREFORE,

A. If said BID shall be rejected, or

B. If said BID shall be accepted and the Principal shall execute and deliver a contract in the Standard Form of

Agreement attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said contract, and for the payment of all persons performing labor of furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID.

Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

Principal

Surety

By:_____________________________________________________________

A POWER OF ATTORNEY FROM THE SURETY-IN-FACT TO THE RESIDENT SURETY MUST BE ATTACHED.

City of Lindale –Ground Storage Tanks Rehabilitation 14

STANDARD FORM OF AGREEMENT

STATE OF TEXAS §

COUNTY OF SMITH §

THIS AGREEMENT, made and entered into this ____ day of _____, 2026, by and between the City of Lindale

(OWNER), of the County of Smith, and the State of Texas, thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and ___________________ (CONTRACTOR) of the City of ______, County of

______, and State of Texas, Party of the Second Part, hereinafter termed CONTRACTOR.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bond having even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part

(OWNER), to commence and complete the construction of certain improvements described as follows:

City of Lindale

Ground Storage Tanks Rehabilitation and all extra work in connection therewith, under the terms as stated in the General Contract Conditions and at his

(or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the condition and prices stated in the Proposal attached hereto, and in accordance with the Notice to

Bidders, General Contract Conditions, Special Provisions, and Plans and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda therefore, as prepared by THE C. T. BRANNON

CORPORATION, TYLER, TEXAS, herein entitled ENGINEER, each of which has been identified by the

CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written Proposal, the General Contract

Conditions, and the Performance, Payment, and Maintenance Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract.

THE CONTRACTOR hereby agrees to commence work within ten (10) days after written Notice to Proceed has been given to him (but not before such notice), and to substantially complete the same within 120 Calendar Days after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and

Special Conditions.

Liquidated damages, if any, for failure to complete the work within the construction time allotted shall be computed from the date set forth in the written notice to commence work.

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Standard Form of Agreement Continued:

THE OWNER agrees to pay the CONTRACTOR in current funds:

____________________________________________________________________________________ DOLLARS

($ __________) such payments to be subject to the General and Special Conditions of the contract.

IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and date first above written.

OWNER, Party of the First Part CONTRACTOR, Party of the Second Part

By:___________________________________ By:____________________________________

Mike Murray, City Manager Owner, Title

COUNTY OF SMITH §

BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared

Mike Murray , known to me to be the person and office whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said OWNER and that executed the same as the act of such

OWNER for the purposes and consideration therein expressed, and in the capacity herein stated.

GIVEN UNDER, my hand and seal of office this the ________ day of _______________, A.D., 2026.

Notary Public (seal) My Commission Expires: _____________________

COUNTY OF SMITH §

BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared

__________ , known to me to be the person and office whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said CONTRACTOR and that executed the same as the act of such

CONTRACTOR for the purposes and consideration therein expressed, and in the capacity herein stated.

GIVEN UNDER, my hand and seal of office this the ________ day of _______________, A.D., 2026.

(seal) My Commission Expires: _____________________

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Bond No. _________________

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That ___________________, of the City of ______, County of ______, and the State of Texas, as PRINCIPAL, and, (Surety)

(Address) authorized under the laws of the State of Texas to act as SURETY on bonds for Principals, are held and firmly bound unto the City of Lindale, (Owner), in the penal sum of:

($ __________) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, and assigns, jointly and severally, by these presents:

WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the ____ day of

__________, 2026, to construct City of Lindale Ground Storage Tanks Rehabilitation as described in the

Standard Form of Agreement, which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that the said Principal shall faithfully perform said contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect;

PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein, Surety, for value received, stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder.

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Performance Bond Continued:

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this __________ day of _______________, _______.

Surety or Attorney-in-Fact Local Recording Agent Registered with the State Insurance

Board

By: ________________________________ By: _________________________________________

Title: ________________________________ Title: _________________________________________

Address: ________________________________ Physical Address: __________________________________

COUNTY OF ____________________ §

Sworn to and subscribed before me this the __________ day of _______________________, _________, by

__________________________________(Surety or Attorney-in-Fact).

(seal)

COUNTY OF ____________________ §

__________________________________(Local Recording Agent).

___________________________________(Contractor)

By: ________________________________(Signature)

Address: ____________________________

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Bond No. __________________

PAYMENT BOND

authorized under the laws of the State of Texas to act as SURETY on bonds for Principals, are held and firmly bound

($ __________) for the payment whereof, the said Principal and Surety bind themselves and their heirs, WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the ____ day of

__________, 2026, to construct City of Lindale Ground Storage Tanks Rehabilitation as described in the

Standard Form of Agreement, which Agreement is hereby referred to and made a part hereof as fully and to

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that the said Principal shall pay all claimants supplying labor and materials to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise, to remain in full force and effect;

PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein, Surety, for value received, stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder.

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Payment Bond Continued:

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this __________ day

COUNTY OF ____________________ §

(seal)

STATE OF TEXAS §

COUNTY OF ____________________ §

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Bond No. ________________

MAINTENANCE BOND

authorized under the laws of the State of Texas to act as SURETY on bonds for Principals, are held and firmly bound

($ __________) for the payment whereof, the said Principal and Surety bind themselves and their heirs, WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the ____ day of

__________, 2026, to construct City of Lindale Ground Storage Tanks Rehabilitation as described in the

Standard Form of Agreement, which Agreement is hereby referred to and made a part hereof as fully and to

WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work herein contracted to be done for a period of one (2) year from the date of written acceptance of said work and to do all necessary repairing and/or reconstructing in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction of any part thereof, or any of the accessories thereto constructed by the Contractor. Be it understood that the purpose of this section is to cover all defective conditions arising by reason of defective material or workmanship and charge the same against the said Contractor and Surety on this obligation, and the said Contractor and Surety herein shall be subject to the liquidation damages mentioned in said contract for each day's failure on its part to comply with the terms of said provisions of said contract.

NOW, THEREFORE, if the said Contractor shall keep and perform its said Agreement to maintain said work and keep the same in repair for the said maintenance period of one (2) year, as provided, then these presents shall be null and void and have no further effect. If default shall be made by the said Contractor in the performance of its contract to so maintain and repair said work, then these presents shall have full force and effect and said Owner shall have any recover damages from the said Contractor and its Principal and Surety. It is further agreed that this obligation shall be a continuing one against the Principal and Surety herein, and that successive recoveries may be had hereon for successive breaches until the full amount shall have been exhausted. It is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period and the same shall not be changed, diminished or in any manner affected from any cause during said time.

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Maintenance Bond Continued:

PROVIDED, the aggregate liability of Surety hereunder is limited to the penal sum of this bond.

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this __________ day

COUNTY OF ____________________ §

(seal)

STATE OF TEXAS §

COUNTY OF ____________________ §

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CONTRACTOR’S INSURANCE REQUIREMENTS

The Contractor before starting work must furnish to the Owner certificates of insurance or other acceptable evidence from reputable insurance companies licensed to write insurance in the State of Texas, showing that the contractor is covered by the insurance as follows:

In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor.

1. Commercial General Liability Insurance: Limits for bodily injury of not less than $500,000/$1,000,000 and for property damage of not less than $500,000. The policy shall be on the commercial general liability form, and shall include endorsement naming the Owner and the Engineer as additional insured and including contractor liability coverage.

2. Business Automobile Liability Insurance: Limits for bodily injury liability of not less than

$500,000/$1,000,000 and for property damage of not less than $500,000, on all self-propelled vehicles not covered by the General Liability Insurance used in connection with the contract, whether owned, non-owned or hired.

3. All Risk Builder's Risk Insurance or Installation Floater: For all projects including a building structure, this policy insures all materials, supplies, machinery, equipment, fixtures, and temporary structures, including foundation, the property of the contractor, or for which the contractor may be liable, to be used in or incidental to the construction, fabrication, installation, erection, repair, alteration, or completion of Owner's facilities being constructed under this contract including the interest of any subcontractor.

This policy shall also cover property in transit to jobsite, while in temporary storage on and off-site and while at Owner's premises until the entire project is completely erected and accepted by the Owner.

4. Statutory Workman's Compensation and Employer's Liability Insurance.

5. Owner's and Contractor's Protective Liability: Limits not less than those for Commercial General Liability.

The Owner shall be notified by the Contractor and Insurance company at least 30 days prior to any changes in coverage including limits, locations, hazards or any other alteration materially affecting this contract. Should coverage be canceled or reduced below the required limits the Contractor shall immediately stop work until coverage can be reinstated and new certificates of coverage provided.

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INSURANCE CERTIFICATE

Make certain the insurance certificate contains the following verbiage:

Description of Operations:

“In all operations involved in the City of Lindale Ground Storage Tanks Rehabilitation, the City of Lindale and The

C. T. Brannon Corporation are an additional primary insured with waiver of subrogation as required by written contract.”

Certificate Holders:

City of Lindale AND The C.T. Brannon Corporation

105 Ballard Drive 1321 South Broadway

Lindale, TX 75771 Tyler, TX 75701

Cancellation:

30 Days

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OWNER AND OTHERS INDEMNIFIED

The Contractor shall indemnify and hold harmless the Owner and the Engineer and their agents and employees from and against all claims, damages, losses, and expenses, including but not limited to attorney’s fees, arising out of or resulting from the performance of the Contractor provided that any such claim, damage, loss, or expense is caused in whole or in part by the negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.

STATUTES TO BE COMPLIED WITH:

The Contractor agrees to comply with the Workers’ Compensation Act of the State of Texas and to pay or cause to be paid all compensation, medical, or hospital bills which may become due or payable thereunder, and to protect and indemnify the Owner and the Engineer from and against any and all liability by reason of injury to employees of the

Contractor. The Contractor shall furnish the Owner and the Engineer with a Certificate from its Insurance Carrier evidencing the Contractor’s compliance therewith.

The Contractor agrees to comply with above requirements in connection with services and/or work covered under this project.

PROJECT: City of Lindale - Ground Storage Tanks Rehabilitation

Contract Name

Owner, Title

WITNESS MY SIGNATURE, this the _________ day of ___________________, 2026.

BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name subscribes to the foregoing instrument and acknowledged to me that he signed the same for the purposes and consideration therein expressed.

(seal) Notary Public

General Provisions and Requirements Page 1

INDEX TO

GENERAL PROVISIONS AND REQUIREMENTS

(Non-Federally Funded Work)

Item 1 - Definition of Terms

1.1 Definition of Terms

1.2 Advertisement

1.3 Owner

1.4 Engineer

1.5 Inspector

1.6 Bidder

1.7 Contractor

1.8 Superintendent

1.9 Surety

1.10 Right-of-Way

1.11 Proposal

1.12 Bidder's Guaranty

1.13 Special Provisions

1.14 Plans

1.15 Specifications

1.16 Contract

1.17 Performance Bond

1.18 The Work

1.19 Working Day

1.20 Calendar Day

1.21 Substantial Completion

1.22 Completion

1.23 Time

1.24 Change Order

Item 2 - Instruction to Bidders

2.1 Registration of Potential Bidder

2.2 Proposal Form

2.3 Quantities in Proposal Form

2.4 Examination of Plans, Specifications

and Site Work

2.5 Supplemental Information or Addenda

2.6 Preparation of Proposal

2.7 Time for Construction

2.8 Non-Responsive Proposals

2.9 Proposal Guaranty

2.10 Filing of Proposals

2.11 Withdrawing Proposals

2.12 Disqualification of Bidders

2.13 Opening Proposals

2.14 Sales Tax

2.15 Tie Breakers

2.16 Alternates

2.17 Substitutions Prior to Award

Item 3 - Award and Execution of Contract

3.1 Consideration of Bids

3.2 Award of Contract

3.3 Return of Bidder's Guaranty

3.4 Contract Bonds

3.5 Execution of Contract

3.6 Failure to Execute Contract

3.7 Beginning of Work

3.8 Substitution of Materials and

Equipment After Award

Item 4 - Scope of Work

4.1 Intent of Construction Documents

4.2 Special Provisions

4.3 Increased or Decreased Quantities of

Work

4.4 Alteration of Plans and Specifications

4.5 Extra Work

4.6 Errors and Ambiguities in Plans

4.7 Conditions Different Than Shown

4.8 Requests for Information

4.9 Final Clean-Up

Item 5 - Control of the Work

5.1 Authority of the Engineer

5.2 Conformity with Plans

5.3 Existing Structures

5.4 Coordination Construction Documents

5.5 Cooperation of Contractors

5.6 Construction Stakes

5.7 Erosion Control

5.8 Authority and Duties of Inspectors

5.9 Inspection

5.10 Removal of Defective and

Unauthorized Work

5.11 Pre-Final and Final Inspection

5.12 Job Access and Security

5.13 Safety on the Job

5.14 Fire Protection Plan

Item 6 - Control of Materials

6.1 Source of Supply of Materials

6.2 Samples and Tests of Materials

6.3 Storage of Materials

6.4 Defective Materials

6.5 Arrangement for Construction Water

6.6 Other Utilities

6.7 Approved Equals

6.8 Substitutions

6.9 Installation Supervision

6.10 Operation and Maintenance Manuals

6.11 Buy American

6.12 Shop Drawing/Submittal Review

6.13 Standards

Item 7 - Legal Relations and Public Responsibility

7.1 Laws to be Observed

7.2 Permits and Licenses

7.3 Patented Devices, Materials and

Processes

7.4 Sanitary Provisions

7.5 Public Conveniences and Safety

7.6 Privileges of Contractor in Streets, Alleys, and Right-of-Ways

7.7 Railway Crossings

General Provisions and Requirements Page 2

7.8 Barricades, Fences, Lights and

Watchmen

7.9 Jobsite Safety

7.10 Protection and Restoration of Property

7.11 Responsibility for Damage Claims

7.12 Contractor's Claim for Damages

7.13 No Claim for Delay

7.14 Use of a Section or Portion of the Work

7.15 Contractor’s Responsibility for the

Work

7.16 No Waiver of Legal Right

7.17 Contractor's Insurance

7.18 Prevailing Wages for Public Works

Projects

7.19 Owner Indemnified

Item 8 - Prosecution and Progress

8.1 Schedule

8.2 Sub-letting the Work

8.3 Assignment of Contract

8.4 Prosecution of the Work

8.5 Limitation of Operations

8.6 Character of Workmen and Equipment

8.7 Computation of Contract Time for

Completion

8.8 Failure to Complete on Time

8.9 Suspension by Court Order

8.10 Temporary Suspension

8.11 Suspension of Work and Annulment of

Contract

8.12 Termination of Contract

Item 9 - Measurement and Payment and General Guaranty

9.1 Measurement of Quantities

9.2 Scope of Payment

9.3 Payment for Extra Work

9.4 Partial Estimates

9.5 Payments Withheld

9.6 Pre-Final and Final Acceptance

9.7 Final Payment

9.8 General Guaranty

General Provisions and Requirements Page 3

ITEM 1 - DEFINITION OF TERMS

1.1 DEFINITION OF TERMS: Wherever the words, forms or phrases defined herein or pronouns used in their place occur in these specifications, in the contract, in the bonds, in the advertisement, or any other document or instrument herein contemplated, or to which these specifications apply or may apply, the intent and meaning shall be interpreted as follows.

1.2 ADVERTISEMENT: All of the legal publication pertaining to the work contemplated under the contract.

1.3 OWNER: The party of the first part in the agreement. For this project:

105 Ballard Drive, Lindale, TX 75771 Phone: 903-882-3422

1.4 ENGINEER: The firm of The C.T. Brannon Corporation, 1321 South Broadway, Tyler, Texas 75701, (Mailing Address: P.O. Box 7487, Tyler, Texas 75711) its engineers, duly authorized supervisors, or inspectors. (903/597-2122)

1.5 INSPECTOR: The authorized representative of the engineer or the owner assigned to observe any or all parts of the work and the materials to be used therein.

1.6 BIDDER: Any person, persons, partnership, company, firm, association or cooperation acting directly or through a duly authorized representative submitting a proposal for the work contemplated. Also termed the Prime Bidder.

1.7 CONTRACTOR: Any person, persons, partnership, company, firm, association or cooperation entering into contract with the Owner for the execution of the work, acting directly or through a duly authorized representative, the party of the second part. The term Contractor may equally apply to a Construction Manager At Risk if the Construction Manager is responsible for the execution of the work and not merely acting as a contracting agent for the Owner relative to Contractors or Sub-Contractors who actually execute the work.

1.8 SUPERINTENDENT: The authorized representative of the Contractor.

1.9 SURETY: The corporate body which is bound with the Contractor as a guarantee of good faith on the part of the Contractor to execute the work in strict accordance with plans, specifications and terms of the contract.

1.10 RIGHT-OF-WAY: Land provided by a public governing body upon which to construct the proposed work or to gain access to work situated on private land.

1.11 PROPOSAL: The written statement duly filed with the Owner by the person, persons, partnership, company, firm, association, or corporation proposing to do the work contemplated, including the approved form on which the formal bids for the work are to be prepared.

1.12 BIDDER'S GUARANTY: The security designated in the advertisement and proposal, to be furnished by each bidder as a guarantee of good faith to enter into a contract with the Owner and execute the required bonds for the work contemplated after the work is awarded to him.

1.13 SPECIAL PROVISIONS: The special clauses setting forth conditions or requirements peculiar to the specific project involved, supplementing the standard specifications, and taking precedence over any conditions or requirements of the standard specifications with which they are in conflict.

1.14 PLANS: All the drawings pertaining to the contract and made a part thereof, including such supplementary drawings or addenda as the Engineer may issue in order to clarify other drawings, or for the purpose of showing changes in the work hereinafter authorized, or for showing details not shown thereon.

1.15 SPECIFICATIONS: The directions, provisions and requirements contained herein or in a special specification, supplemented by such "Special Provisions", "Supplemental Agreements" or “Field Orders” as may be issued or made pertaining to the method and manner of performing the work or to quantities and qualities of materials to be furnished under the contract.

1.16 CONTRACT: Otherwise referred to as The Agreement, it is the written agreement covering the performance of the work. The contract includes the advertisement, proposal, specifications, including special provisions, plans or working drawings and any supplemental changes or agreements pertaining to the work or materials therefor and bonds.

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1.17 PERFORMANCE BOND: The security furnished by the Contractor and Surety as a guarantee on the part of the Contractor to execute the work in accordance with the terms of the contract.

1.18 THE WORK: All work, including the furnishing of labor, materials, tools, equipment, and incidentals, to be performed by the Contractor under the terms of the Contract. Work includes placing orders for equipment, mobilization, and erecting temporary works such as fences or project signs. Also termed The Project.

1.19 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays or legal holidays, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work under way for a continuous period of not less than seven hours between 7:00 a.m. and 6:00 p.m.

1.20 CALENDAR DAY: Any day of the week, month and year; no days being excluded for any reason. Unless noted otherwise, when the term “Day” is used, it shall be defined as a calendar day.

1.21 SUBSTANTIAL COMPLETION: Substantial completion is the milestone during construction of the project, near its completion, when construction contract provisions regarding time of construction and any associated liquidated damages or bonus payments are temporarily suspended.

Substantial completion shall be deemed to occur when all of the following conditions have been met in the sole opinion of the Engineer:

a. A Certificate of Occupancy is issued by a governing body with jurisdiction over the project when such certificates are required by that jurisdiction.

b. When all parts of the facility are available for the full intended occupation, habitation, or other use of the owner without restrictions.

c. When the contractor has removed all temporary works including screens, job shacks, temporary restroom facilities, erosion control measures, barricades, non-permanent fences; cleaned up the site; removed trash containers;

d. The project has been subjected to a preliminary-final inspection by the owner, the Engineer and the contractor and only minor deficiencies not preventing occupancy or utilization of the facilities in full have been noted.

e. The Engineer has issued a letter of Substantial Completion.

1.22 COMPLETION: Completion, also termed Final Completion, shall be deemed to occur when all requirements of the construction contract (except the performance of required warranty work during the contractual warranty period), but including Contractor’s remedy of deficiencies determined by the Engineer during the preliminary-final inspection, have been fulfilled. The Warranty Period shall commence on the date of Completion.

1.23 TIME: Includes any of these terms: Project time, time for completion, contract time or similar use of the word. Time may be expressed in Working Days or Calendar Days and is the time set aside in the agreement for the completion of the work from the date of the Notice to Proceed until the date of Substantial Completion unless changed by mutual agreement of the parties.

1.24 CHANGE ORDER: A document which, when executed by all parties to the agreement, amends the original agreement by changing the pricing of the work, the time for completion of the work, or other material terms of the agreement. A Supplemental Agreement is a Change Order.

1.25 CONSTRUCTION DOCUMENTS: The compilation of all construction drawings, technical specifications, special and general provisions, bidding instructions and forms of proposal, supplemental instructions, addenda, change orders, field orders, shop drawings, manufacturer’s written instructions, and attached or referenced reports such as geotechnical engineering reports. Any referenced standard designated in any of these documents including, but not limited to, standards promulgated by AWWA, ASTM, ASME, ANSI, AISC, or ACI or similar publication is incorporated by reference and is of such force and effect as if contained at length in the project Specifications.

1.26 FIELD ORDER: Any written instruction given by the Engineer or his authorized representative to approve or authorize a change in the work to be performed for which there is:

1) No change to be made in the compensation to the Contractor, and

2) No change in the Time for Completion.

1.27 SUB-CONTRACTOR: For this agreement, any person, persons, partnership, company, firm, association or cooperation entering into a second tier or lower tier contract with the Contractor for the execution of a portion of the work or for supplying materials or equipment for the work. The Sub-Contractor has no written contractual agreement with the Owner and the Contractor is responsible and liable to the Owner for the performance or non-performance of Sub-Contractors working under his control at any tier.

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ITEM 2 - INSTRUCTION TO BIDDERS

2.1 REGISTRATION AS POTENTIAL BIDDER: The Advertisement for Bids will list instructions for obtaining

Construction Documents including Forms of Proposal. It is incumbent on the prospective bidder to register his or her intent to propose, as a Prime Bidder or a sub-bidder to one or more Prime Bidders, with the Engineer and/or Owner as provided for in the Advertisement. Neither the Engineer nor the Owner is responsible for failure to provide updated bidding information or addenda to persons who fail to register as a potential bidder.

2.2 PROPOSAL FORM: The Owner will furnish bidders with proposal form(s) which state the general location and description of the contemplated work, an approximate estimate of the quantities of materials to be furnished and work to be done or materials to be furnished, and upon which bid prices are asked, and the time in which the work is to be completed. The proposal form will provide for entering the amount of bid and a place for signature of the responsible party for the bidder. Unless otherwise provided, the proposal form shall be used for submitting the bid, all other forms being considered non-responsive.

2.3 QUANTITIES IN PROPOSAL FORM: The quantities of the work and materials set forth in the Proposal

Form or elsewhere in the Construction Documents approximately represents the work to be performed and materials to be furnished, and are for the purpose of comparing the bids on a uniform basis. When unit prices are provided, actual field quantities will be measured or computed and payment will be made by the Owner to the Contractor only for the actual quantities of work performed or materials furnished in accordance with the Construction Documents. It is understood that the quantities may be increased or decreased as hereinafter provided, without in any way invalidating the unit bid prices.

Unless noted otherwise in the Proposal Form, prices are to be submitted for furnishing all labor, equipment, materials, supervision, tools, or other incidentals to completely install the stated equipment or materials in accordance with the Construction Documents. If other parties are furnishing equipment or materials to be installed by the contractor, the Proposal Form, special provisions, or other specific notations in the specifications or the plans shall so state explicitly.

Work shown in the Construction Documents or reasonably inferred but for which no bid item(s) is (are) provided shall be deemed required and payment shall be considered subsidiary to bid items.

If the Construction Documents contain work to be performed by others and not by the Contractor, the

Construction Documents shall so clearly state and, if not so stated, the work shall be performed by the Contractor, whether or not bid items are contained in the proposal for said work.

2.4 EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF THE WORK: Bidders are advised that the plans, specifications and other documents on file with the Engineer and any subsequent written addenda shall constitute the total extent the information the Owner will furnish. Bidders are required, prior to submitting any proposal, to read the proposed contract documents carefully, to visit the site of the work, to examine carefully local conditions, to inform themselves by their independent research, tests, and investigations of the difficulties to be encountered and judge for themselves the accessibility of the work and all attending circumstances affecting the cost of doing the work or time required for its completion, and obtain all information required to make a responsive proposal.

No information given by the Owner or any agents thereof, other than that shown on plans and contained in the specifications, proposal forms, and addenda shall be binding upon the Owner.

Bidder shall rely exclusively upon their own estimates, investigations, tests and other data which are necessary for full and complete information upon which the proposal may be based. Submission of a proposal is evidence that the bidder has made the examinations, investigations, and tests required herein.

2.5 SUPPLEMENTAL INFORMATION OR ADDENDA: Should a bidder have any questions concerning the interpretation of the documents including procedures for bidding, he shall direct his question in writing to the Engineer no later than the prescribed time for receiving questions stated in the Notice to Bidders. If in the opinion of the Engineer, the information is essential, the Engineer will issue addenda to all registered plan holders by U.S. Postal Service, electronic mail, or facsimile transmission as he may choose. The Engineer will not answer questions intended to give one bidder an unfair advantage. Neither will the Engineer offer opinions on a prospective bidder’s approach to the work.

2.6 PREPARATION OF PROPOSAL: The bidder shall submit his proposal on the separate forms furnished by the

Owner. All blank spaces in the form, including those for alternate bids, shall be correctly filled in and the bidder shall state the prices, written in ink, both in words and numerals, for which he proposes to complete the work contemplated or furnish the material required. Such prices shall be written legibly. Unless specifically instructed to do otherwise, do not add lines, comments, limitations, qualifications, bid items other conditions to the bid form.

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In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If the proposal is submitted by a firm, association or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association, or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent.

Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal.

2.7 TIME FOR CONSTRUCTION: If a specific length of time is shown in the proposal forms, the Owner anticipates the project can be completed within the time shown in the proposal and the time stated shall govern.

If the time for construction is not shown in the proposal, the bidder shall complete the form with his own anticipated time for construction completion. Time is of the essence in this construction project.

2.8 NON-RESPONSIVE PROPOSALS: Proposals will be considered non-responsive for any of the following reasons:

1. Omissions of line item bids or alternate bids requested

2. Alterations of forms

3. Additions, or conditions not called for

4. Unauthorized alternate bids

5. Irregularities of any kind

6. Submitting an unsigned proposal

7. Failure to submit required forms

8. Failure to provide appropriate Proposal Guaranty

2.9 PROPOSAL GUARANTY: If specifically called for in the forms of proposal, instructions to bidders or notice to bidders, a Proposal Guaranty may be required for this proposal. If so required, no proposal will be considered unless it is accompanied by an acceptable Cashier's Check or bid bond payable to the Owner. The cashier's check shall be in the amount specified in the Notice to Bidders. The proposal guaranty is required by the Owner as evidence of good faith and as a guarantee that, if awarded the contract, the bidder will execute the contract and furnish the required bonds within ten (10) days after the receipt of acceptance. Bids submitted without proposal guaranty will not be read and will immediately be returned to the bidder.

2.10 FILING OF PROPOSALS: No proposal will be considered unless it is filed with the Owner or the Owner’s authorized representative at the place and within the time limit for receiving proposals as stated in the Advertisement. Post marks, delivery to a mail room or other location at the Owner’s address, errors by courier services notwithstanding, the proposal must be filed at the place and not later than the time designated in the Advertisement. Each proposal (other than electronically transmitted proposals, when allowed) shall be in a sealed envelope, plainly marked with the word, "PROPOSAL", and the name or description of the project as designated in the Notice to Bidders. Digital proposals, when permitted, shall be sent as an attachment in Portable Document File (PDF) format to the designated electronic mail address.

MAILED PROPOSALS MUST BE IN THE HANDS OF THE OWNER AT THE PLACE AND WITHIN THE TIME

LIMIT STATED IN THE ADVERTISEMENT, POSTMARKS NOT WITHSTANDING.

For this project, only the following marked methods of submitting proposals are acceptable if received prior to the deadline for receiving bids:

[X ] Hand delivery to the designated place of bidding.

[X ] U.S. Postal Service delivery or expedited courier service (UPS, FedEx, etc.) to the designated place of bidding.

[X ] Electronic mail delivery to the designated place of bidding or person designated to receive bids.

[ ] Telephonic facsimile delivery to the designated place of bidding or person designated to receive bids.

2.11 WITHDRAWING PROPOSALS: A bidder may withdraw his proposal provided his request in writing to do so is in the hands of the official indicated in the Notice to Bidders by the time set for opening of proposals. A bidder may change the unit prices in his proposal provided his request to do so is submitted in writing and is in the hands of said official prior to the time set for opening of proposals. Requests by telephone, facsimile, electronic mail or telegraph for changes in bid prices or for withdrawal of proposals will not be considered unless the bid was originally submitted by electronic mail or facsimile.

2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposal not considered for any of the following specific reasons:

1. Substantial reason for believing collusion exists among the bidders.

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