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HomeMy WebLinkAboutResolution - 5036 - Contract - Lamar Industries Inc - Mackenzie Park Lake Dredging - 11_16_1995Resolution No. 5036 November 16, 1995 RESOLUTION Item #23 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all related documents by and between the City of Lubbock and Lamar Industries, Inc., of Shawnee, Oklahoma to furnish and install all services and materials as bid for the Mackenzie Park Lake Dredging for the City of Lubbock, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied Passed by the City Council t] ATTEST: 81yi,- J'k-rv#�Vj Betty . Johnso4 City Secretary APPROVED AS TO CONTENT: Victor Kilman, P chasing Manager APPROVED AS TO FORM: Whald G. Vandiver, First Assistant City Attorney DGVAp\Wocsllsmar.res October 26, 1995 RESOLUTION # 5036 November 11, 1995 i City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 806-767-2167 MAILED TO VENDOR: October 3,1995 CLOSE DATE: October 19,1995 @ 4 P.M. Office of Purchasing BID #13392 - MACKENZIE PARK LAKE DREDGING ADDENDUM #2 The following items take precedence over specifications for the above named bid. Where any item called for in the bid documents is supplemented here, the original requirements not affected by the addendum shall remain in effect. 1. Please modify or amend Bid Documents as per the attached information dated October 11, 1995, from Parkhill, Smith and Cooper, Inc. All requests for additional information or classification concerning this bid must be submitted in writing and directed to Laura Ritchie, Buyer. THANK YOU, LAURA RITCHIE BUYER PLEASE RETURN ONE COPY WITH YOUR BID r PARKHILL, SMITH & COOPER, INC. ENGINEERS ■ ARCHITECTS ■ PLANNERS 4010 AVENUE R, LUBBOCK, TEXAS 79412 (806) 747-0161 ■ FAX (806) 747-7146 ADDENDUM NO. 1: October 11, 1995 RE: City of Lubbock Parks and Recreation MacKenzie Park Lake Dredging BID: #13392 TO: All Prospective Bidders/Plan Holders This Addendum forms a part of and shall be attached to the Contract Documents and modifies the original Bid #13392 as noted below: Acknowledge receipt of this Addendum in the space provided on Page.2 of this Addendum. This Addendum consists of I pages and Q drawings. GENERAL: Attached is a copy of the attendance list for the Pre -Bid Conference that was held October 11, 1995 at 10:00 am at the City of Lubbock Municipal Building Purchasing Conference Room L-04 and a list of plan holders as of the date of this Addendum #1. ,SUMMARY OF INQUIRIES AND RESPONSES FROM THE PRE -BID CONFERBNN�: 1. Bidder's Ouestion: What are the restraints on removing the brush and the trees on the bank of the water way? Gigs Response: The brush can be removed if absolutely necessary. However, the brush is considered to be wildlife habitat and thus, removal will be minimized. The trees cannot be removed or damaged. If trees are removed or damaged, the contractor will be responsible for replacing them with one of like kind and size. 2. Bidder's Ouestion: What kind of latitude will be given on the quantity of material measured and the final shape of the channel? City's Response: The dredging will take place under water, therefore, it is reasonable to expect that the j final cross -sections of the channel will not be exactly as shown on the drawings. By !, monitoring the quantity of material that has been dredged and then looking at the final cross -sections of the channel, the City will be able to evaluate the progress of the job. Some latitude will be given on the shape of the channel, but the contractor will only be paid for the percentage of the material that has been dredged. 2555 - ADDENDUM NO. 1 Bid #13392 Page 1 of 3 3. Bidder's Question: Will the contractor be required to revegetate areas where the grass is damaged? City's Response: No. The contractor will be required to minimize the areas of grass that will be damaged and grade any damaged areas back to their original condition. 4. Bidder's Question: Will on -site soil be available for the contractor to use for the purposes of constructing temporary jetties in the water way to reach some of the wider areas? Cilys Response: No. If the contractor requires fill material for construction of any temporary controls or structures, it will be his responsibility to procure that soil. Depending on the volume and the type of soil that will be required, it may be possible to dispose of this material on City -owned property in the proximity of the site. This will have to be determined on a case -by -case basis. 5. Bidder's Question: Can the lake be dewatered? Ci(5fs Response: Because of the elevation of groundwater at the site, the lake cannot be completely dewatered. We estimate, however, that under dry conditions, the lake can be dewatered to a point where the deepest water is approximately 3-feet deep. 6. Bidder's Ouestion: Do you expect hardened material in the channel? Cily's Response: We do not expect hardened material in the channel. If it is encountered, the contractor will not be required to remove it without a contract modification. If this material is not removed, however, the contract price will be decreased based on the volume of the material not removed, or an equal amount of material can be removed in another location as directed by the Owner's representative. 7. Bidder's Ouestion Will cost be the deciding factor on how deep the contractor will dredge (based on the Alternates)? City's Response: Yes. AIN The following items are to be included as part of the Specifications. 1. Section 01010, SUMMARY OF WORK. A. PART 1 GENERAL,1.4 CONTRACT TIME AND LIQUIDATED DAMAGES, article B., change the liquidated damages from "$100.00 per day" to "$200.00 per day". I Section 02482, DREDGING. A. PART 3 EXECUTION, 3.4 FINAL PAYMENT, delete the fourth (4th) sentence of the this paragraph ("The Contractor will be notified when measurements will... ") No changes were identified. 2555 - ADDENDUM NO. 1 Bid #13392 Page 2 of 3 F BID PROPOSAL: No changes were identified. ACKNOWLEDGED LAMAR INDUSTRIES, Inc. BY: Cecil Miller THE CITY OF LUBBOCK BY: 2555 - ADDENDUM NO. 1 Bid #13392 Page 3 of 3 I COMPANY City of Lubbock PREBID CONFERENCE #13392 MACKENZIE PARK LAKE DREDGING October 11, 1995 @ 10:00 A.M. Purchasing Conference Room, L-04 REPRESENTATIVE ADDRESS Laura Ritchie 1625 13th Street, Lubbock, TX PHONE# 767-2163 4 Li c d uc, 6 -2 Ca 6i-e" a17 e, LcJ o c,/< 7 ZZ ?i l.�AI(- 4<.t'U� Cgs� P-i A K1 is 4010 & a e L Wr W-ad , IJSGN � GJT N bf� LUxF�X Po , ?mod D -lATl ,n I f `l(0'7 "Zbto(o n tl it . BID #13392 ACCT #9905.9246 r OCTOBER 3, 1995 E DAVID PERRY PARK DEVELOPMENT CRAIG WUENSHE PARK DEVELOPMENT TAM MCALESTER MCALESTER CONSTRUCTION & FENCE . 204 N. GREER BLVD. PITTSBURG, TX 75686 r JOHN TYTENICZ RHODE CONSTRUCTION MERCO WASTE MANAGEMENT, INC. BOX 53370 516 WEST CALIFORNIA LUBBOCK, TX 79453 OKLAHOMA CITY, OK 73102 SPECIALIZED MAINTENANCE SVCS. 4533 PASADENA BLVD. PASADENA, TX 77503 ENVIRONMENTAL CONTRACTING 4190 W. 123RD STREET r' ALSIP, IL 60658 LONE STAR DIRT & PAVING " 7602 AVENUE U r LUBBOCK, TX 79423 e LDC CONSTRUCTION COMPANY I I BOX 65251 LUBBOCK, TX 79423-2008 HUNTER CONSTRUCTION COMPANY BOX 2587 LUBBOCK, TX 79408 FDANNY KLEIN CONSTRUCTION r„ 4310 93RD STREET LUBBOCK, TX 79423 r� �. ,DODGE ROOM 460150TH STREET `-LUBBOCK, TX 79414 i, HYDRO PUMP & EQUIPMENT PO BOX 40234 HOUSTON, TX 77240 EAGLE BUILDING & DEVELOPMENT ROUTE 7 BOX 247B LUBBOCK, TX 79401 R E. MONKS CONSTRUCTION 8355 VOLLMER ROAD COLORADO SPRINGS, CO 80908 WARDROUP & ASSOCIATES, INC. 4408 BROWNFIELD DRIVE LUBBOCK, TX 79410 ALL TEXAS BUILDERS, INC. BOX 3486 LUBBOCK, TX 79458 BIDNET PO BOX 5600 ALBANY, NY 12205 TEXAS CONTRACTORS 2510 NATIONAL DRIVE GARLAND, TX 75041 JOHN WEBB PARK DEVELOPMENT LOUIS YELICH HYDRO PUMP & EQUIPMENT PO BOX 40234 HOUSTON, TX 77240 J.D. IVEY & COMPANY PO BOX 445 SEALY, TX 77474 AGRONOMIC MANAGEMENT GROUP PO BOX 120123 ARLINGTON, TX 76012 R & R DITCHING 4818 KENT STREET LUBBOCK, TX 79415 KNOX, GAILEY & MEADOR INC. BOX 5736 LUBBOCK, TX 79417 PHARR & COMPANY BOX 2791 LUBBOCK, TX 79408 BROWN-MCKEE, INC. BOX 3279 LUBBOCK, TX 79452-3279 AGC 3004 50TH STREET LUBBOCK, TX 79413 AMERICAS COMPANY 4320 N. BELTLINE ROAD IRVING, TX 75038 BID #13392 ACCT #9905.9246 PAGE 2 F.W. DODGE SHERWOOD ATRIUM BUILDING .• 2900 WESTFORK DRIVE BATON ROUGE, LA 70827-0008 F.W. DODGE REGENCY CENTER 701 NORTHWEST 63 ST, STE 103 OKLAHOMA CITY, OK 73116-7634 r, r" t p G ram+ 6. F.W. DODGE PO BOX 53293 NEW ORLEANS, LA 70153-3293 F.W. DODGE 5100 E. SKELLY DR, STE. 1010 TULSA, OK 74135-6552 r"l' F.W. DODGE 6007 FINANCIAL PLAZA, STE 106 SHREVEPORT, LA 71129-9978 PARKHIL L, SMrM & COOPER, INC 4010 AVENUE R LUBBOCK, TX 79412 BID #13392 ACCT #9905.9246 PAGE 3 LETTERS GONZALES BROTHERS COMPANY PO BOX 971 7 LUBBOCK, TX 79408 QUICKSILVER CONSTRUCTION 1205 E. 46TH STREET LUBBOCK, TX 79401 r BIRCHWOOD CONSTRUCTION PO BOX 8241 LEVELLAND, TX 79338 l;. t. E�E t ;l l E WEBB CONSTRUCTION, INC. 609 B AUSTIN LEVELLAND, TX 79336 ART CUEVAS 7406 83RD STREET LUBBOCK, TX 79424 PLAINS BUILDERS, INC. BOX 5262 LUBBOCK, TX 79417 LUBBOCK BUILDING SERVICES PO BOX 65600-194 LUBBOCK, TX 79464 City of Lubbock P.O. Box 2000 Lubbock, Texas 7J457 606-767-2167 MAILED TO VENDOR: CLOSE DATE: NEW CLOSE DATE: October 3,1995 October 18,1995 @ 2 P.M. October 19,1995 @ 4 P.M. Office of Purchasing BID #13392 - MACKENZIE PARK LAKE DREDGING ADDENDUM #1 The following items take precedence over Addendum #1 details for the above named project. Where any item called for in the bid documents is supplemented here, the original requirements not affected by the addendum shall remain in effect. 1. Please change the bid closing date from Wednesday, October 18, 1995, at 2:00 P.M. to Thursday, October 19,1995, at 4:00 P.M. All requests for additional information or classification concerning this bid must be submitted in writing and directed to Laura Ritchie, Buyer. THANK YOU, LA R TCHIE BUYER PLEASE RETURN ONE COPY WITH YOUR BID City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 606-767-2167 MAILED TO VENDOR: CLOSE DATE: October 3,1995 October 19, 1995 @ 4 P.M. Office of Purchasing BID #13392 - MACKENZIE PARK LAKE DREDGING ADDENDUM #2 The following items take precedence over specifications for the above named bid Where any item called for in the bid documents is supplemented here, the original requirements not affected by the addendum shall remain in effect. 1. Please modify or amend Bid Documents as per the attached information dated October 11, 1995, from Parkhill, Smith and Cooper, Inc. All requests for additional information or classification concerning this bid must be submitted in writing and directed to Laura Ritchie, Buyer. THANK YOU, LAURA RITCHIE BUYER PLEASE RETURN ONE COPY WITH YOUR BID F PARKHIL-L, SMITH & COOPER, INC. �^ ENGINEERS ■ ARCHITECTS ■ PLANNERS 4010 AVENUE R, LUBBOCK, TEXAS 79412 (806) 747-0161 ■ FAX (806) 747-7146 ADDENDUM NO. 1: October 11, 1995 RE: City of Lubbock Parks and Recreation MacKenzie Park Lake Dredging BID: #13392 TO: All Prospective Bidders/Plan Holders This Addendum forms a part of and shall be attached to the Contract Documents and modifies the original Bid #13392 as noted below: Acknowledge receipt of this Addendum in the space provided on Pagel of this Addendum. This Addendum consists of 3 pages and Q drawings. GENERAL: Attached is a copy of the attendance list for the Pre -Bid Conference that was held October 11, 1995 at 10:00 am at the City of Lubbock Municipal Building Purchasing Conference Room L-04 and a list of plan holders as of the date of this Addendum #1. SUMMARY OF INQUIRIES AND RESPONSES FROM THE PRE -BID CONFE.REENN 1. Bidder's Ouestion: What are the restraints on removing the brush and the trees on the bank of the water way? City's Response: The brush can be removed if absolutely necessary. However, the brush is considered to be wildlife habitat and thus, removal will be minim; The trees cannot be removed or damaged. If trees are removed or damaged, the contractor will be responsible for replacing them with one of like kind and size. 2. Bidder's Question: What kind of latitude will be given on the quantity of material measured and the final shape of the channel? Ci , s Response: The dredging will take place under water, therefore, it is reasonable to expect that the final cross -sections of the channel will not be exactly as shown on the drawings. By monitoring the quantity of material that has been dredged and then looking at the final cross -sections of the channel, the City will be able to evaluate the progress of the job. �- Some latitude will be given on the shape of the channel, but the contractor will only be paid for the percentage of the material that has been dredged. 2555 - ADDENDUM NO. 1 17 Bid #13392 Page 1 of 3 6 3. Bidder's Question: Will the contractor be required to revegetate area where the grass is damaged? Cit f s Response: No. The contractor will be required to n+in9,t,i the areas of grass that will be damaged and grade any damaged areas back to their original condition. 4. Bidder's Question: Will on -site soil be available for the contractor to use for the purposes of constructing temporary jetties in the water way to reach some of the wider areas? Ci, Vs Response: No. If the contractor requires fill material for construction of any temporary controls or structures, it will be his responsibility to procure that soil. Depending on the volume and the type of soil that will be required, it may be possible to dispose of this material on City -owned property in the proximity of the site. This will have to be determined on a case -by -case basis. 5. Bidder's Question: Can the lake be dewatered? Cis Response: Because of the elevation of groundwater at the site, the lake cannot be completely dewatered We estimate, however, that under dry conditions, the lake can be dewatered to a point where the deepest water is approximately 3-feet deep. 6. Bidder's Ouestion: Do you expect hardened material in the channel? &s Response: We do not expect hardened material in the channel. If it is encountered, the contractor will not be required to remove it without a contract modification. If this material is not removed, however, the contract price will be decreased based on the volume of the material not removed, or an equal amount of material can be removed in another location as directed by the Owner's representative. 7. Bidder's Question: Will cost be the deciding factor on how deep the contractor will dredge (based on the Alternates)? CiVs Response: Yes. SPECIFICATIONS: The following items are to be included as part of the Specifications. 1. Section 01010. SUMMARY OF WORK. A. PART 1 GENERAL,1.4 CONTRACT TIME AND LIQUIDATED DAMAGES, article B., change the liquidated damages from "$100.00 per day" to "$200.W per day". 2. Section 02482. DREDGING. A. PART 3 EXECUTION, 3.4 FINAL PAYMENT, delete the fourth (4th) sentence of the this paragraph ("The Contractor will be notified when measurements will.... DRAWINGS: No changes were identified. 2555 - ADDENDUM NO. 1 Bid #13392 Page 2 of 3 BID PROPOSAL: No changes were identified. ACKNOWLEDGED BY: THE CITY OF LUBBOCK BY: 2555 - ADDENDUM NO. 1 Bid #13392 Page 3 of 3 i� r.. r R. COMPANY City of Lubbock PREBID CONFERENCE #13392 MACKENZIE PARK LAKE DREDGING October 11, 1995 @ 10:00 A.M. Purchasing Conference Room, L-04 REPRESENTATIVE ADDRESS Laura Ritchie 1625 13th Street, Lubbock, TX PHONE# 767-2163 r � 4i ` hG C3 L) 5 i-ucll-16 1 l.a ci-0-443'(1! 1 ®�� �Gi rJ4G 72-Z 61d V Awel,/11 sm� 0,�f�r ZX2 o�4 7 G,e4k- b,,�-' W E OSC-H E:_ 61:z f 5p LUxt' K Eo Z e :) n ,2 I LI -Z i-We r r i p a w . i ''BID #13392 ACCT #9905.9246 7OCTOBER 3, 1995 .w DAVID PERRY PARK DEVELOPMENT CRAIG WUENSHE PARK DEVELOPMENT TIM MCALESTER MCALESTER CONSTRUCTION & FENCE 204 N. GREER BLVD. PITTSBURG, TX 75686 7"JOHN TYTETIICZ RHODE CONSTRUCTION MERCO WASTE MANAGEMENT, INC. BOX 53370 516 WEST CALIFORNIA LUBBOCK, TX 79453 , .OKLAHOMA CITY, OK 73102 SPECIALIZED MAINTENANCE SVCS. 1F=4533 PASADENA BLVD. 1 PASADENA, TX 77503 ENVIRONMENTAL CONTRACTING r,4190 W. 123RD STREET ALSIP, IL 60658 p"j „LONE STAR DIRT & PAVING 7602 AVENUE U LUBBOCK, TX 79423 �LDC CONSTRUCTION COMPANY G BOX 65251 LUBBOCK, TX 79423-2008 I; HUNTER CONSTRUCTION COMPANY iI7BOX 2587 " LUBBOCK, TX 79408 DANNY KLEIN CONSTRUCTION F4310 93RD STREET LUBBOCK, TX 79423 7DODGE ROOM 460150TH STREET 7 LUBBOCK, TX 79414 HYDRO PUMP & EQUIPMENT PO BOX 40234 HOUSTON, TX 77240 EAGLE BUILDING & DEVELOPMENT ROUTE 7 BOX 247B LUBBOCK, TX 79401 R. E. MONKS CONSTRUCTION 8355 VOLLMER ROAD COLORADO SPRINGS, CO 80908 WARDROUP & ASSOCIATES, INC. 4408 BROWNFIELD DRIVE LUBBOCK, TX 79410 ALL TEXAS BUILDERS, INC. BOX 3486 LUBBOCK, TX 79458 BIDNET PO BOX 5600 ALBANY, NY 12205 TEXAS CONTRACTORS 2510 NATIONAL DRIVE GARLAND, TX 75041 JOHN WEBB PARK DEVELOPMENT LOUIS YELICH HYDRO PUMP & EQUIPMENT PO BOX 40234 HOUSTON, TX 77240 J.D. IVEY & COMPANY PO BOX 445 SEALY, TX 77474 AGRONOMIC MANAGEMENT GROUP PO BOX 120123 ARLINGTON, TX 76012 R & R DITCHING 4818 KENT STREET LUBBOCK, TX 79415 KNOX, GAILEY & MEADOR INC. BOX 5736 LUBBOCK, TX 79417 PHARR & COMPANY BOX 2791 LUBBOCK, TX 79408 BROWN-MCKEE, INC. BOX 3279 LUBBOCK, TX 79452-3279 AGC 3004 50TH STREET LUBBOCK, TX 79413 AMERICAS COMPANY 4320 N. BELTLINE ROAD IRVING, TX 75038 BID #13392 ACCT 199905.9246 PAGE 2 I F.W. DODGE SHERWOOD ATRIUM BUILDING 2900 WESTFORK DRIVE BATON ROUGE, LA 70827-0008 t F.W. DODGE REGENCY CENTER 701 NORTHWEST 63 ST, STE 103 r OKLAHOMA CITY, OK 73116-7634 r r�- t P i. 4� r, i r . e r cl, �I F.W. DODGE PO BOX 53293 NEW ORLEANS, LA 70153-3293 F.W. DODGE 5100 E. SKELLY DR, STE. 1010 TULSA, OK 74135-6552 F.W. DODGE 6007 FINANCIAL PLAZA, STE 106 SHREVEPORT, LA 71129-9978 PARKIELL, SWM & COOPER, INC 4010 AVENUE R LUBBOCK, TX 79412 BID #13392 ACCT #9905.9246 PAGE 3 ro LETTERS GONZALES BROTHERS COMPANY WEBB CONSTRUCTION, INC. PLAINS BUILDERS, INC. PO BOX 971 609 B AUSTIN BOX 5262 7 LUBBOCK, TX 79408 LEVELLAND, TX 79336 LUBBOCK, TX 79417 b' QUICKSILVER CONSTRUCTION ART CUEVAS LUBBOCK BUILDING SERVICES 1205 E. 46TH STREET 7406 83RD STREET PO BOX 65600-194 r., LUBBOCK, TX 79401 LUBBOCK. TX 79424 LUBBOCK, TX 79464 n BIRCHWOOD CONSTRUCTION PO BOX 8241 LEVELLAND, TX 79338 r t i r( hl MAILED TO VENDOR: October 3,1995 _ CLOSE DATE: October 18, 1995 @ 2 P.M. NEW CLOSE DATE: October 19,1995 @ 4 P.M. BID #13392 - MACKENZIE PARK LAKE DREDGING ADDENDUM #1 — The following items take precedence over Addendum #1 details for the above named project. Where any item called for in the bid documents is supplemented here, the original requirements not affected by the addendum shall remain in effect. —' 1. Please change the bid closing date from Wednesday, October 18, 1995, at 2:00 P.M. to Thursday, October 19,1995, at 4:00 P.M. All requests for additional information or classification concerning this bid must be submitted in writing and directed to Laura Ritchie, Buyer. THANK YOU, LA RI /CL-i BUYER --- PLEASE RETURN ONE COPY WITH YOUR BID CITY OF LUBBOCK REQUEST FOR BIDS FOR TITLE: MACKENZIE PARK LAKE DREDGING ADDRESS: LUBBOCK, TEXAS BID NUMBER: 13392 PROJECT NUMBER 9905.9246 CONTRACT PREPARED BY: PURCHASING DEPARTMENT NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS SPECIAL CONDITION �I NOTICE TO BIDDERS BID #13392 Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 18th day of October,1995. or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "MACKENZIE PARK LAKE DREDGING" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. r It is the sole responsibility of the bidder to insure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. •� The City of Lubbock will consider the bids on the 9th day of N23ember,1995, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds •+$25,000.00. Said statutory bonds should be issued by a company carrying a current es Rating of B or superior• as the rating of the P bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not exceed $25,000.00 the said statutory bonds will not be required. .- Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) days after notice of award of the r• contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and �.. considered in the preparation of the bid submitted. There will be a pre -bid conference on 11th day of October,1995, at j 10:00 o'clock am., in the Purchasing Conference Room, L-04, Lubbock, Texas. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid i openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the Purchasing Department at (906) 767-2167 (Monday -Friday, 9:00 - 5:00 p.m.) r+ or 1625 13th Street, Room L-04, at least 48 hours in advance of the meeting. t.. CITY OF LUBBOCK t � &-:bi�l I — VICTOR KHJkAN PURCHASING MANAGER Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street, Room L-04, Lubbock, Texas 79401; Telephone (806)767-2167/Faz (806)767-2164. 71 71, GENERAL INSTRUCTIONS TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS 1. SCOPE OF WORK The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the MACKENZIE PARK LAKE DREDGING. 2. CONTRACT DOCUMENTS 7 All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction PA of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. ti R 3. PLANS FOR USE BY BIDDERS 7 It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. r-* 4. BIDDER INQUIRIES No bidder shall request any information verbally. All written requests for additional information or clarification concerning this bid must be addressed to: LAURA RITCHIE BUYER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 FAX (806)767-2164 5. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 90 (NINETY) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City, may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified 6. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 7. AFFIDAVITS OF BILLS PAID !"" The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 8. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 9. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 10. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be famished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 11. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 12. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities fI aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Conhactoes expensc. 14. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractoes responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 15. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. j' In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger We or property and the Contractor shall farther use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. rExplosive materials shall not be stored or kept at the construction site by the Contractor. ! In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor" s intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 16. CONTRACTOR'S REPRESENTATIVE i I The successful bidder shall be required to have a responsible local representative available at all times while the work is in �j progress under this contract The sucoessU bidder shall be required to furnish the name, address and telephone number l where such local representative may be reached during the time that the work contemplated by this contract is in progress. r" 17. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. 18. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned The bidders' attention is hirther directed to the requirements of Article S 1S9a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be P' f applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 19. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 20. PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered 21. PREPARATION FOR BID The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Bid for (description of the project). Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. No Text BID SUBMITTAL LUMP SUM BID CONTRACT PLACE: DATE: October 18, 1995 i� PROJECT NUMBER: 13392 - MACKENZIE PARK LAKE DREDGING Bid of LAMAR INDUSTRIES, INC. (hereinafter called Bidder) rTo the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) t Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a MACKENZIE PARK i LAKE DREDGING — Project No. 13392 having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to j construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. FBASE BID: Excavate the lake as indicated for the lump sum price. MATERIALS: N . A. (S 0.00 ) SERVICES: One Hundred Fifty Eight Thousand Three Hundred Eighty (S 158,380.00 ) Dollars TOTAL BASE BID: One Hundred Fifty Eight Thousand Three Hundred (S 158,380.00 ) Eighty Dollars ALTERNATE NO.1 Excavate the lake one (1) foot lower than base bid. MATERIALS: N . A. ($ 0.00 ) SERVICES:Thirty—Eight Thousand Five Hundred Dollars ($ 38,500.00 ) TOTAL ALTERNATE NO. 1 (Add): Thirty —Eight Thousand Five Hundred (s 38,500.00 ) Dollars Y PM a ALTERNATE NO.2 Excavate the lake one (1) foot lower than Alternate No. 1. MATERIALS: N.A. (S 0.00 ) SERVICES: Thirty -Six Thousand Dollars (S 36,000.00 ) TOTAL ALTERNATE NO.2 (Add): Thirty Six Thousand Dollars ($ 36,000.00 ) ALTERNATE NO.3 Excavate the lake one (1) foot lower than Alternate No. 2. MATERIALS: N.A. (S 0.00 ) SERVICES: Thirty -Four Thousand Dollars (S 34,000.00 ) TOTAL ALTERNATE NO. 3(Add): Thirty -Four Thousand Dollars ($ 34,000.00 ) (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) " Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 90 (NINETY) consecutive calendar days thereafter as stipulated in 1' the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $200.00 (TWO HUNDRED DOLLARS) for each consecutive 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. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 20 of the General Instructions to Bidders. 7 p� 1 Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. 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 bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (S% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Enclosed with this bid is a Cashices Check or Certified Check for Dollars (S ) or a Bid Bond in the sum of Five Percent of Amount Bid Dollars (S 5% ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid 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 bid; otherwise, said check or bond shall be returned to the undersigned upon demand. F F Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. (Seal if Bidder is a Corporation) ATTEST: Secretary Bill T. Thurman F 7 k Contractor Cecil R. Miller, President (Printed or Typed Name) LAMAR INDUSTRIES, INC. Company 204 N. Louisa, P.O. Box 3078 Address Shawnee Pottawatomie City, County Oklahoma 74802-3078 State Zip Code Telephone: 4( 05) 275-3374 Fax Number: 4( 05 ) 274-3376 F Bond No. Fidelity and Deposit Company POST OFFICE BOX 1227 OF MARYLAND MU MORE, MD 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, --_— as Principal, (hereinafter called the "Principal"), and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto____— Cit1_r of Lubbock., Texas ----------- --------------- -_-__ Obligee, (hereinafter called the "Obligee"), in the sum of _ Fi_v_e. Per Cent of _Am_ount Bi.dI_n---- 5%_ 7_ — r—Dollars ($__ 5%_—_—_�__), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these: presents. WHEREAS, the Principal has submitted a bid Mas:Js�nx�.€_ P�rk_�ake Dredging- 0 G NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee 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. r, Signed and sealed this—_____19!L1------ — —_day of_- October --A.D., 19 95 Lamar Industries, Inc. (SEAL) Principal Witness A Title FIDELITY AND DEPOS MPANY OF MARYLAND ety By Witness Title L C323f--SOM, 7-92 236374 Conforms to Amencin Institute of Architects Document A•310, Fdnvary 1970 Edition. � F F F 7 Power of Attomey FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE. RALTIMORE, MD KNOW ALL MEN BY THESE PRESENT'S: That the FMELrrY AND DEPOSrr COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR., Vice -President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Paul S . Howell and W. D . Howell, Jr., both of Edmond, Oklahoma, EACH ..................... iVTr5c and lawtulagent kid Attorney -in -Fact, to make, execute, seal andsdeliver, for, and gn its behalf as surety, and as its act and deed: any and all bonds and undertakings.........»......,�;E`'........... r 4��� An a execution of such bonds or undertakings in pursuance„ a presenls,l be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly ezecntvLd` and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persorid The said Assistant Secretary does hereby certify tha the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in - IN WITNESS WHEREOF, the said Vice-Presidii Lt, �d Assistant`6ecretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPL!$Iii�-COMPAI�OF-MARYLAND, this 7 th _ _ -day of March —,A.D. 19 w> A7TL� FIDELITY AND DEPOSIT,COMPANY OF MARYLAND -, �j , SEAL /;41 •�...� By Assistant Secretary Vice silent STATE OF MARYLAND COUNTY AF BALTIMORE SS:�11 On this!th ____day of— -kizch A.D. 192., before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice -President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSrr COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first //above written. CAROL J. FA R Notary Public My Commission Expires AagusLjs 1Q9-0 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELrrY AND DEPOSrr COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSrr COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 19 th day of nctnher _ , 19_95 1.I428c—076-2141 -- Assistant Secretary LIST OF SUBCONTRACTORS Minority Owned Yes No MERCO WASTE MANAGEMENT, Inc. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ❑ 0 ❑ 0 ❑ PAYMENT BOND F ?vm CHECK d -_ BEST RATING Ll--- AS qAT BY 7�11 -- -� a 7, F F STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959 KNOW ALL MEN BY THESE PRESENTS, that Lamar Industries, Inc. Principal(s), and Fidelity and Deposit Company of Maryland (hereinafter called the Principal(s), as (hereinafter cafe eth u et ), S vyrot a e jrhldd Land_ fir}nly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of nhlawful money of the United States for the payment whereof, the said Principal and ­Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 9ttday of November ,19 93t0 Mackenzie Park Lake Dredging and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, 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. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 27 day of November 19 95 ryland Lamar Industries, Inc. Principal r By: (Title) . By: (Title) By: (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Howard Cowan an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Fidelity afid Deposit Company of Surety Maryland 7(Tlile) Atto e i Fact,• `;. Approved as to Form W y City Lubbock mey, * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. PERFORMANCE BOND BOND CHECK BEST RATING __14 - _ LICENSED N r8yz- e4&1�1 DATEI _ 7, p STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959 Lamar Industries, Inc. KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and Fidelity and Deposit Company of Maryland (hereinafter called the Surew(s), as Surety(s� are held and firml bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of TOnePHEll 0 FFi,ft }" Tho (S i 5A 3un nhlawful money of the United States for the payment whereof, the said Principal and Suretybind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 9 day of November ,19 5 Mackenzie Park Lake Dredging and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the ( amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void, otherwise to remain in full force and effect. n F F PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, 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. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument tm?7 day of November ,19 Fidelit )nd Deposit Company of Maryland Lamar Industries, Inc. Surety Principe * By. itle) Att ev-in-Fact (Title) ✓2ztt F The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates ' Howarc Cowan an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Fidelity Surety it Company of Maryl At nay -in -Fact_ Approved as to form: City o bock Y By: Ci ttorney Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 4 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE, MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR., Vice -President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof.and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Paul S . Howe 11 and W . D . Howe 11, Jr both of Edmond, Oklahoma, EACH ................................................. ilTrrue ana lawfulagent and Attorney -in -Fact, to make, execute, seal and\1��'ver, for, ants behalf as surety, and as its act and deed: any and all bonds and undertakings........_( .....�............ I' An a execution of such bonds or undertakings in pursuance amply, to all intents and purposes, as if they had been duly e> at its office in Baltimore, Md., in their own proper perso� ,I o f The said Assistant Secretary does hereby certify 2, of the By -Laws of said Company, and is now 7,11 IN WITNESS WHEREOF, the said Vice-Presij Corporate Seal of the said FIDELITY AND DEPC March — A.D. 19 94 be as binding upon said Company, as fully and by the regularly elected officers of the Company ��V set f�oit\th$=e reverse side hereof is awe copy of Article VI, Section have hereunto subscribed their names and affixed the ND, this_—7th_—---____..-------day of Nam, FIDEL v DEPOS&i&MPANY OF MARYLAND A SEAL By _ Assistant Sec Vice sident S1'ATE.tlF MARYLAND 1} O Cou7 IY OF BALTIMORE 1 ss' ,O l7t'this— !kh? __—day of Marchl `, A.D. 199A-, before the subscriber, a Notary Public of the State of Maryland, duly 6minissioned and qualified, came C. M. PECOT, JR., Vice -President and C. W. ROBBINS, Assistant: Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally (mown to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the sea] affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. +� CAR0LJ.FADiR Notary Public My Commission Expires_ AugusE_i,_I CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate sea] of the said Company, this —21___ day of —November _—, 1995_. 1 +Assistant Secretary r L1428,-076-2141 I EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contract's, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the' nature of mortgages, ... and to affix the seal of the Company,thereto." i No Text I Ilk 14.AIJ: Uk INS UKA NC E 11 TO: CITY OF LUBBOCK DATE: 01-11-a6 ss P.O. BOX 2000 LAMAR. I NDUSTR 1 ES , INC. TYPE OF PR J LUBBOMTX 79457 P. p, ox 3078 MACKENZI PARK LAKE DREDGING THIS IS TO CERTIFY THAT Shawnee, OK 74802 (Name and Address of Iastucd) is, at the date of this c4nificate, insured by this Compiny with respect to the business operations hercirjAcr described. for the typed of insura:ace and in accordance with the provisions of the stsnderd policies used by this cotrtparty, the farther hereinafter described. Exceptions to Standard policy noted hereon, TYPE OF INSMUNCE POLICY NUMBER EFFEarrvt t',XF)RATtON LI,st1TS DATE DATE CommadaiCcaerstLIAUlry. ECA12359023 01-13-96 01-13-97 Otne lAW&3u S 1,000,000. C Claims Made ProductaC=p*p A00 s 1,056.6667 a Oacvr awo PcmaW A Adv. Wury i a owner'. R Commaon Protwlve B Includes WAIVER OF UBROGATION in favor of: Uth ooe mmcc s_ . ,_ F'uvV& %&*(MyateFire) frm CITY OF L U B B C K Mel! E..xa (My one Fteson) s_ 5: 000 ,tU70.W0TfYELLl.82M Ot AnyAm CombinodsiarSet.imlt S 1;000,000. 0 AlI Owned Autos ECA12084795 01-13- 96 01-13- 97 Bodily Wu y (Pa Pawn) S 0 Scheduled Milos soauy tajtuy (er Acciden:) S OE Xlred Autos Pros 7r Dazust S t NorrO mod Amos Qi Includes WAIVER OF S BROGATION in avor of; CITY OF LU BOCK X ADDITIONAL CITY OF LUBB CK G.tRAIGf LGL91LJ77' 0 Any Auto A42 Only - Earh, Accident S 0 Othar thaw Auto Only: Josh Aodd.-u s �$Fregsta s.��_ Q BU�Lt�EiS SRlS:C Q 10695 of tho Pout Contract Prko � s 0 ArSTA UAT10X RX%(= CK Ana USA69076603 01-13-96 01-13-97 E,�,o,�, e s 11000,000. 0 other Thus Umbr rta Farm S W0P- tSCOMPEWS n0NA?M FMPL0=11manT no Prorietod 0 WNW 5tatutery uralu ftmers<Exeeutive D ECcludad Each Aocidtnt *X= err. Dieuse polity Limit S_ ....._ Disnisr-Etstt Employe* s�___ OTHER The above policies either is tho body thereof or by appropriate endorsement provide that they may not bedia&d or canceled by the Insurer in less than the lc&21 flax required ellAr the insured has =ived written notice such cta or cc lation, or i there is to legal requlr=ant, in less than live bays in advance of cancellation. A. N?rthern I su a CompalcT _ Fi'4'E COPMS OF THE CERTIFICATX OF W=ANCE MUST BE,SENT TO THE CYTY OF LUBBOCK B. M4ry THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED ABOV%: "Howe-TI -Stone Insure'neetir HAVE BEEN ISSUED TO THE NAMED INSURED ABOVE FOR THE POLICY PERIO W, D. Howell, Jr. �._....r I ND 1 CATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION ride. P ,-G , auras^,,, OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE Edmond, OK 73083-5010 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE -INSURANCE AFFORDED (405) 3k1-8330 BY THESE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL.THE TERMS, EXCLUSIONS AND CONDITIONS 01 SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, F I This Policy ronstM Of this Dectratinns F, mi, thu Ownvis and Contractors ProtuLtive Liability Coverage Form and the Endorsemet a indicated as apglientle. ❑ EC 6419385135 ® NEW ❑ RENEWAL OF_- 1. NAMED INSURED and MAILING ADDRESS: City of Lubbock P.O. Sox 2000 Lubbock, TX 79457 2. POLICY PERIOD: From 11-27-95 to 11-27-26 12:01 A.M. Standard Time at your Mailing Address tbove. WRYLAND CASUALTY COMPANY BALTIMORE, MD 21203 A Stock Company Acct#0000732545-001-00000 �' tov vvv� � rnvvvvgn � pmnvi v, ivr - � e IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THI INSURANCE A STATEC IN THIS POLICY. 3. LIMITS OF INSURANCE AGGREGATE LIMIT $ 500, 000. EACH OCCURRENCE LIMIT $ 500.000. Designation and Mailing Address of Contractor: Lamar Industries, Inc. P.O. Sox 3076 Shawnee, OK 74802 7 Location of Covered Operations (Same as item t unless shown below). MacKenzie Park Lake, Dredging Lubbock, TX CLASSIFICATION Construction Operations Owner (not railroads) Excluding Operations on board ships CODE NO, 16292 PREMIUM BASE RATE PER a1000 _-_ OF COST 158,380 2.419 4. FORMS / ENDORSEMENTS APPLICABLE: IL 00 21 (1185) 46024 (0590) TOTAL PREMIUM L CG0009(1188) C00004(0286) CG2855(0393) CO2824 930013(1292 COF RAOR G IS o. $ R S. FORM OF BUSINESS: ❑ Individual ❑ Joint Venture' ❑ Partnership ® ( 17 Countersigned: Date By: ii N&% i"Koyt'o nwwwf d "hwom. Rn+vtr•n &ry %mmmR Wmm'"aftw aOwn," ADVANCE PREMIUM 383. 383. 7 47736 Ed. 4-87 State Insurance Fund FORM UN6 CERTIFICATE OF INSURANCE CERTIFICATE ISSUED TO: CITY OF LUBBOCK ATTN:LAURA RITCHIE PO BOX 2000 LUBBOCK , TX 79457 THIS IS TO CERTIFY THAT POLICY NUMBER 00836182 96 1 ISSUED IN THE NAME OF: LAMAR INDUSTRIES INC OTHER BUSINESSES COVERED: P 0 BOX 3078 SHAWNEE , OK 74802 3078 IS IN FORCE ON THE DATE HEREOF, AS FOLLOWS: CERTIFICATE OF INSURANCE APPLIES ONLY TO LOCATIONS AND OPERATIONS WITHIN THE STATE OF OKLAHOMA AND EXTRA TERRITORIAL JURISDICTION. THIS POLICY DOES NOT COVER INJURIES TO RESIDENTS OF OTHER STATES WHILE PERFORMING WORK IN THAT OTHER STATE UNLESS SUCH WORKER IS HIRED IN OKLAHOMA AND SPECIFICALLY AFFORDED COVERAGE BY ENDORSEMENT KIND OF INSURANCE: WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY PERIOD: EFFECTIVE: 01 01 96 AT 12:01 A.M. EXPIRES: 01 01 97 AT 12:01 A.M. THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS EXTENDS OR ALTERS THE COVERAGE AFFORDED IN THE POLICY DESCRIBED HEREIN. LIMITS OF LIABILITY: WORKERS COMPENSATION INSURANCE: FULLY COMPLIES WITH THE REQUIREMENTS OF THE STATE LAWS OF OKLAHOMA. EMPLOYERS LIABILITY INSURANCE: BODILY INJURY BY ACCIDENT 500,000 EACH ACCIDENT BODILY INJURY BY DISEASE 500,000 EACH EMPLOYEE BODILY INJURY BY DISEASE 500,000 POLICY LIMIT THE DESCRIBED POLICY IS A STANDARD OKLAHOMA WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY APPROVED BY THE STATE PROPERTY AND CASUALTY RATE BOARD. IN THE EVENT OF ANY MATERIAL CHANGE IN, OR CANCELLATION OF SAID POLICY THE UNDERSIGNED COMPANY WILL GIVE A 10 DAY WRITTEN NOTICE TO THE PARTY TO WHOM THIS CERTIFICATE IS ISSUED, BUT FAILURE TO GIVE SUCH NOTICE SHALL IMPOSE NO OBLIGATION NOR LIABILITY UPON THE COMPANY. SIGNED 01-08-96 AT ITS OKLAHOMA CITY, OKLAHOMA OFFICE. OKLAHOMA STATE INSURANCE FUND H C0 UNDERWRITER RE:MACKENZIE PARK LAKE DREDGING t. State Insurance Fund P.O. Box 53606 Oklahoma City, OK 73152 (405 ) 232-7663 7, CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To He Completed by Appropriate Insurance Agent/Brokcr Prior to Award of Contract J I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with th below idcritifiui Contractor. If the below identified Contractor is awarded this contract by the City of Lubbock, I I be able to, within ten (10) days alter being notified of such award by contractor, furnish a valid insurance certificate to a City meeting all of the rctluir¢ments dcfincd in this bid/proposal. Paul S. Howell Agent (SiLKnafu ) Agent (Print) Name of Agegtl,�roker: Howell -Stone Insurance, Inc. ' Address of AgentMroker: P.O. Box 5010 _ City/Statc/7_ip: Edmond, Oklahoma 73083 405 341-8330 Agent/Broker Telephone #: ( ) - r lI: Date: 10/17/95 CONTRACTOR'S NAME: Lamar Industries, Inc. (Print or Type ) 3078 Bo x ox CON�rRAGTOR"S ADDRESS: P.O. _ . ^V Shawnee, Oklahoma 74802 NOTE TO AGENT/BROKER If this time requirement is not tnet, the City leas the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock Rt (806)767-2165. FBID ff13392 - MAC:KENZIE PATIK LAKE DREDGING I 7 A CONTRACTOR SHALL: CONTRACTOR CHECKLIST l (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; r (4) obtain from each person providing services on a project, and provide to the governmental entity: a (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: i REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and 71. materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." r i 7 6 "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employee's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (I) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (I), with the certificate of coverage to be provided to the person for whom they are providing services. ❑ No Text CONTRACT STATE OF TEXAS 7 COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 9th day of November,1995, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R Langston, Mayor, thereunto authorized to do so, hereinafter referred to " as OWNER, and LAMAR INDUSTRIES, INC., of the City of Shawnee, County of Pottawatomie, and the State of Oklahoma, hereinafter termed CONTRACTOR F 1 71 71, 1 WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the constriction of certain improvements descnW as follows: BID #13392 - MACKENZIE PARK LAKE DREDGING - $158,380.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to famish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents, The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas, in the year and day first above written .O- ATTEST: Representative ..4 Zly 0 01 ATTEST: 4 L Corporate Secretary CONTRACTOR 41111 Z l / PRINTED NAME: TrrLE: Pit=S�oe�-� 4 COMPLETE ADDRESS: Lamar Industries, Inc. P.O. Box 3078 Shawnee, Oklahoma 74802-3078 71 r :, U=lC- (=Z C C U- L : L� L_.w L__.:_ L�: [ ::._ : L _ _ ' t. _..j Lm - MR i GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to -wit: LAMAR INDUSTMES, INC., who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, JOHN WEBB, PARK DEVELOPMENT SUPERVISOR City of Lubbock, under whose supervision these contract documents, including plans and specifications, were prepared, and who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. 5. INTERPRETATION OF PHRASES Whenever the words "Directed, "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. I 8. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. 13. LINES AND GRADES All lines and grades shall be fin-nished by the Owner's Representative whenever necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representatives' estimates and findings shall be conditions precedent to the right to any action on the contract, and to any rights of the Contractor to receive any money under thi:; contract. The Owner's Representative shall, within a reasonable time, render and deliver to both the, Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time .. such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his j decision 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING r* It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, r, and all other matters which in any way effect the work under this contract. No verbal agrczment or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify arty of the terms or obligations herein contained. lr 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion.or the time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be bome by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 'j It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or " selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS ,... The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shill recompense the Contractor for any material or labor so used, and for arry actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Oaner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor C to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the: extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) percent. In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on {^� account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property iI Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 1000/0, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adoptoi by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 25. DISCREPANCIES AND OMISSIONS - It is further agreed that it is the intent of this contract that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is — received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his bid to complete the work in accordance with these plans and specifications. It is further understood that any request for clarification must be submitted no later than five (5) days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of _ compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attomey's fees.' The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor-, inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his subcontractors. — 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried ` with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to i contract execution A Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $500,000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. For bodily injuries, including accidental death and or property damage, $500,000 Combined Single Limit This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500.000 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of 0° o of the otal contract price (00/6 of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $500.0,00 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. T F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the — contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 0406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, — motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. _ "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll '— amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. — 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The contractor shall obtain from each person providing services on the project, and provide to the governmental entity: — (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends — during the duration of the project. 6 The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 1 t r8. ' The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that ,r. they are required to be covered, and stating how a person may verify coverage and report lack of coverage. k 9. The contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and paymll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and paymll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of 0 compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location aft operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten (10) days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any overage agreements; _- (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the — governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than (7) seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (f) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report I failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or'changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation Insurance. This includes persons prov0ng, hauling, or delivering equipment and materials, or proving labor or transportation or other service related to the projee4 regardless of the Identity of their employer or status as an employees" "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (iv) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the; project; (v) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (vii) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (I), with the certificate of coverage to be provided to the person for whom they are providing services. T T 29. DISABLED EMPLOYEES Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS. MATERIALM AND FURNISHERS OF MACHINERY. EOU1PMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, ^ power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (S) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the — unpaidportion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the _ Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless — from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employes. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 34. TPAE FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding 7 of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of S200.00 (TWO HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the r.., work - It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic r j " change and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. EXTENSION OF TIME The Contractor agrees that he has submitted his bid in full recognition of the time required for the completion of this r"' project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has , considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the 7 Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood The Contractor may apply in writing for an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an T extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the Contractor supported by all requested documentation shall then consider such written request and respond to Contractor in writing granting or rejecting the request for an extension of time to complete the project. l T 37. HINDRANCE AND DELAYS In"executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work It is understood and agreed that the actual amount of work to be done and the materials to be — furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41.' PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract.. On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's K Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this ,�. agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage due Contractor. 43. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the contract documents, the Owners Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. 44. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proud to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the 31 st day, after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this contract or required in the specifications made a part of this contract. !^ 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK p Contractor shall promptly remove from Owners' premises all materials condemned by the owner's Representative on ,., account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 46. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Oamees Representative shall give notice of observed defects with reasonable promptness. T 47. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. -- (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 48. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents. 49. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shallbe delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the _ Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner, or (b) The Owner, under sealed bids, after notice published as required by law, at least: twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cosrt under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work �^ under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within thirty (30) days after the date of certificate of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may effect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 50. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms !^ within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value i of all work actually completed by said Contractor at the prices stated in the attached bid, the value of all partially completed ' work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 51. BONDS The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so furnished. T 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 53. LOSSES FROM NATURAL CAUSES _ Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the 'Contractor at his own cost and expense. 54. INDEPENDENT CONTRACTOR — Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent _. contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 55. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. No Text Resolution T2502 January 8, 1987 Agenda Item #18 DGV:da RESOLUTION WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE'IT'RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing contracts shall be as set forth in exhibits shall be attached hereto and purposes: rate of per diem wages'for public works the following named exhibits, which and made a part hereof for all intents Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Trades Exhibit C: Electrical Trades Exhibit D: Overtime Rate Exhibit E: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this 8th day of January , 1987. Ranett"oyd, City Secretary APPROVED AS T ONTENT: /, - W-evo-tl� Bi 1 P�yne, D rector of Building Services e. B.C. McMINN, MAYOR APPROVED AS TO FORM: Do ld G. Vandiver, First Assistant City Attorney EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate .,Acoustical Ceiling Installer $11.60 Air Conditioner Installer 8.35 Air Conditioner Installer -Helper 5.50 Bricklayer 10.50 Bricklayer -Helper 5.00 Carpenter 11.00 Carpenter -Helper 5.50 Cement Finisher 7.35 Drywall Hanger 8.70 Electrician 10.50 Electrician -Helper 5.25 Equipment Operator - Heavy 8.00 Light 5.70 Floor Installer 8.00 Glazier 7.50 Insulator, Piping/Boiler 9.50 Insulator -Helper 5.00 Iron Worker 7.30 Laborer, General 4.75 Mortar Mixer 5.60 Painter 8.75 Plumber 9.25 Plumber -Helper 6.00 Roofer 7.65 Roofer -Helper 4.75 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 Welder - Certified 8.00 EXHIBIT B Paving and Highway Construction Prevailing,Wage Rates Craf t Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Flagger Form Setter Form Setter -Helper Laborer, General Laborer, Utility Mechanic Mechanic -Helper POWER EQUIPMENT OPERATORS Asphalt Paving Machine Bulldozer Concrete Paving Machinist Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grade Operator Roller Scraper Tractor Truck Driver - Light Heavy Hourly Rate $5.25 4.75 7.35 4.75 10.50 4.75 6.50 5.50 4.75 5.80 6.50 6.00 6.00 5.25 6.50 5.85 6.40 6.40 8.00 5.25 5.25 5.50 5.25 5.25 EXHIBIT C Electric Construction Trades Prevailing Wage Rates Craft Hourly Rate Power Line Foreman $11 00 Lineman Journeyman 10.45 Lineman Apprentice Series 8.90 — Groundman Series 7.25 EXHIBIT D — Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. EXHIBIT E Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. SPECIFICATIONS CITY OF LUBBOCK, TEXAS PARKS & RECREATION DEPARTMENT MACKENZIE PARK LAKE DREDGING SUPPLEMENTARY GENERAL CONDITIONS AND TECIMCAL SPECIFICATIONS September 1995 � Parkhill, Smith & Cooper, Inc. Engineers • Architects • Planners SECTION 00003 TABLE OF CONTENTS CITY OF LUBBOCK, TEXAS MACKENZIE LAKE DREDGING �I DIVISION 0 - CONDITIONS OF THE CONTRACT 00805 Supplementary General Conditions .• DIVISION 1- GENERAL REQUIREMENTS 01010 Summary of Work 01019 Contract Considerations 01025 Measurement and Payment 4 01040 Coordination and Meetings 01300 Submittals 01400 Quality Control 01500 Construction Facilities and Temporary Controls 01560 Environment Protection f' 01700 Contract Closeout DIVISION 2 - SITE WORK 02482 Dredging DIVISION 3 - CONCRETE Not Required DIVISION 4 - MASONRY Not Required DIVISION 5 - METAIS CNot Required DIVISION 6 - WOOD AND PLASTICS Not Required r 2555-95 00003 - 1 r NUMBER OF PAGES K] 2 1 2 2 2 2 2 4 2 4 r DIVISION 7 - THERMAL AND MOISTURE PROTECTION Not Required DIVISION 8 - DOORS AND WINDOWS Not Required DIVISION 9 - FINISHES Not Required DIVISION 10 - SPECIALTIES Not Required DIVISION 11 - EQUIPMENT Not Required DIVISION 12 - FURNISHINGS f( Not Required t DIVISION 13 - SPECIAL CONSTRUCTION .-� Not Required DIVISION 14 - CONVEYING SYSTEMS Not Required DIVISION 15 - MECHANICAL Not Required DIVISION 16 - ELECTRICAL _ Not Required w 2555-95 00003 - 2 r I SECTION 00805 SUPPLEMENTARY GENERAL CONDITIONS PART 1 GENERAL The following paragraphs identify and describe changes to specific paragraphs in the General Conditions. 1.1 ADDITIONS, DELETIONS, AND REVISIONS 1.1.1 General Conditions "11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE", delete the entire paragraph and replace with the following: The Contractor will be furnished five (5) sets of the full-sized drawings and five (5) sets of the 9 specifications for use during construction. This shall include all plans and specifications furnished to material suppliers and subcontractors but does not include executed contract copies. r- Plans and specifications for use during construction will be furnished directly only to the contractor. ." 1.1.2 General Conditions "21. OBSERVATION AND VESTING", add a forth paragraph as follows: F ` The Contractor shall pay all costs for pre -construction testing called for in the Technical ,.. Specifications and for all failing tests during construction. The Owner shall pay for all construction testing except for failed tests. The Contractor shall be billed directly for failed tests by the testing laboratory at the rate per test being paid by the Owner. Failure of Contractor to pay for failed tests will result in a reduction of that amount from fin,-d payment. 1.1.3 General Conditions "26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT", delete the first paragraph of this section. 1.1.4 General Conditions "27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC", modify as follows: Delete the fourth sentence of the first paragraph, i.e., "The Contractor„ his sureties... including attorney's fees." and replace it with the following: "The Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents, including Engineer, and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and }- project which is the subject matter of this contract, on account of the failure of the Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of .. its officers, agents, including Engineer, or employees including attorney's fees." 2555-95 00805 - 1 1.1.5 General Conditions "28. CONTRACTOR'S INSURANCE", modify as follows: A. Add the following paragraph after the first paragraph: "All insurance, as hereafter specified, shall include a waiver of subrogation against the Owner, the Owner's agents, and the Owner's Engineer." B. In addition to the City, the Engineer is to be named as an additional insured on the Comprehensive General Liability Insurance, the Owner's Protective or Contingent: Public Liability and Property Damage Liability Insurance, the Comprehensive Automobile Liability Insurance and the Excess or Umbrella Liability Insurance policies, and a copy of the endorsement doing the foregoing is to be attached to the Certificates of Insurance for such policies. C. The Engineer is to be named as an additional insured on the Builder's Risk Insurance Policy, as its interests may appear. 1.1.6 General Conditions "39. PROTECTION OF ADJOINING PROPERTY", modify as follows: Delete the last sentence' of the paragraph, i.e., "The Contractor agrees to... out of the existence or character of the work." and replace it with the following: "The Contractor agrees to indemnify, save and hold harmless the Owner and the Engineer against any claim or claims for damages due to any adjacent or adjoining property arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work." 1.1.7' General Conditions "53. SPECIAL CONDITIONS", modify as follows: Delete the paragraph and replace it with the following:' "In the event any special or supplementary general conditions that are a part of the contract documents conflict with any of the general conditions contained in this contract, then in such event the special or supplementary general conditions shall control." 1.1.8 General Conditions "56. CONSTRUCTION PROCEDURES AND SAFETY", add the following paragraph: "Owner's Representative and the Engineer shall not specify construction or service -related procedures and shall not manage,' control or have charge of construction, nor shall Owner's Representative or Engineer implement or be responsible for health or safety procedures. Owner's Representative and Engineer shall not be responsible for the acts or omissions of Contractor or other parties on the project and shall not be responsible for construction means, methods, techniques, sequences, or procedures, nor for precautions or programs. All of these matters shall be responsibility of the Contractor. Owner's Representative's and Engineer's monitoring or review of portions of the work performed under any construction contracts shall not relieve the Contractor from its responsibility for performing the work in accordance with the applicable contract documents." Contractor shall defend, indemnify and hold harmless Owner, Engineer, their officials, officers, directors, consultants, agents and employees from and against all claims, damages, whether direct, indirect or consequential, losses and expenses (including but not limited to attorney's fees and court costs) connected with any illness, injury or loss to the person or property of Contractor, its subcontractors, suppliers, their employees and agents, or any other person, arising out of or resulting from Contractor's responsibilities 2555-95 00805 - 2 i under this paragraph; the foregoing shall apply notwithstanding the negligence of any person or entity indemnified hereunder. 1 � Not withstanding the above, the Contractor will not be required to indemnify the Owner's Representative or the Engineer to causes arising out of the Engineer's negligent acts, errors, or rW omissions. C` r., 2555-95 END OF SECTION 00805 - 3 I SECTION 01010 ,., SUMMARY OF WORK PART1 GENERAL 1.1 SECTION INCLUDES A. Work covered by Contract Documents B. Contractor use of site. C. Owner occupancy. 1.2 RELATED SECTIONS A. General Conditions of the Agreement. B. Section 00805 - Supplementary General Conditions. 1.3 WORK COVERED BY CONTRACT DOCUMENTS A. Identification: City of Lubbock, Texas "MacKenzie Park Lake Dredging." B. Location: City of Lubbock, Texas, MacKenzie Park. •� C. Verbal Summary: Without force or effect on requirements of the Contract Documents a description of the Project is as follows: �... The project will consist of a Base Bid and three Additive Alternates as follows: ■ Base Bid - Lake Excavate the lake as indicated in the Plans and in accordance with the Specifications, dewater the excavated material using a method which has been submitted and approved by the Owner, and stockpile the material in the area shown on the plans. ■ Additive Alternate No. 1 Excavate the lake one (1) foot lower than base bid and as indicated in the Plans and in accordance with the Specifications, dewater the excavated material using a method which has been submitted and approved by the Owner, and stockpile the material in the area shown on the plans. ■ Additive Alternate No. 2 Excavate the lake one (1) foot lower than Alternate No. 1 and as indicated in the Plans and in accordance with the Specifications, dewater the excavated material using a method which has been submitted and approved by the Owner, and stockpile the material in the area shown on the plans. ■ Additive Alternate No. 3 Excavate the lake one (1) foot lower than Alternate No. 2 and as indicated in the .� Plans in accordance with the Specifications, dewater the excavated material using a method which has been submittted and approved by the Owner, and stockpile the material in the area shown on the plans. .,r 2555-95 01010 - 1 1.4 CONTRACT TIME AND LIQUIDATED DAMAGES A. Completion of the Project in a timely manner is of utmost importance. The Contractor will be required to complete the project within 90 calendar days from the date of the Notice to Proceed. B. Liquidated Damages will be incurred at $100.00 per day after the 90-day,contract time not including Owner approved Weather Days. 1.5 CONTRACTOR USE OF SITE A. Construction Operations will be limited to areas adjacent to construction site as designated by the Owner. 1.6 OWNER OCCUPANCY A. The Owner will occupy the site during construction for the conduct of normal operations. B. Cooperate with Owner to minimize conflict, and to facilitate Owner's operations. C. Schedule the Work to accommodate this requirement. 1.7 PUBLIC OCCUPANCY A. The site will be open to the public during construction: B. Provide barriers, flag men, etc: in order to protect the public at all times. C. Schedule the work to minimize conflicts and to accommodate these requirements. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used 2555-95 i 01010-2 r-+ ` SECTION 01019 CONTRACT CONSIDERATIONS PART1 GENERAL 1.1 SECTION INCLUDES A. Application for Payment. B. Change procedures. 1.2 RELATED SECTIONS A. General Conditions of the Agreement. B. Section 00805 - Supplementary General Conditions. 1.3 APPLICATIONS FOR PAYMENT A. Submit four copies of final application to the Owner. B. Payment Period: As defined in Owner -Contractor agreement. C. Waiver of liens from subcontractor. 1.4 CHANGE ORDER PROCEDURES A. The Engineer will advise of minor changes in the Work not involving an adjustment to Contract Sum/Price or Contract Times. B. Execution of Change Orders: Engineer will issue Change Orders for signatures of parties as provided in the General Conditions of the Contract. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 2555-95 01019 - 1 r SECTION 01025 MEASUREMENT AND PAYMENT PART 1 GENERAL The lump sum price bid on each item, as stated in the proposal, shall include furnishing all labor, superintendence, machinery, equipment, and materials necessary or incidental to complete the various r" items of work in accordance with the plans and specifications. Cost of work or materials shown on the !: plans or called for in the specifications and for which no separate payment is made shall be included in the bid prices on the various items. 1PW 1.1 BASE BID - LAKE Excavate the lake as indicated in the Plans and in accordance with the Specifications, dewater the excavated material using a method which has been submitted and approved by the Owner r- and stockpile the material in the area shown on the Plans. Provide equipment, labor, materials and perform all work required by these specifications and drawings. Bid price will include all labor, equipment and superintendence necessary to excavate the lake as indicated on the plans and in accordance with the specifications and dewater the excavated material. i Payments will be made for lump sum bid. 1.2 ADDITIVE ALTERNATE NO. 1 Excavate the lake one (1) foot lower than base bid and as indicated in the Plans and in accordance with the Specifications, dewater the excavated material using a method which has been submitted and approved by the Owner and stockpile the material in the area shown on the Plans. Payments will be made for lump sum bid. 1.3 ADDITIVE ALTERNATE NO. 2 Excavate the lake one (1) foot lower than Alternate No. 1 and as indicated in the Plans and in accordance with the Specifications, dewater the excavated material using a method which 1 has been submitted and approved by the Owner and stockpile the material in the area shown on the Plans. Payments will be made for lump sum bid. 1.4 ADDITIVE ALTERNATE NO. 3 Excavate the lake one (1) foot lower than Alternate No. 2 and as indicated in the Plans and in accordance with the Specification, dewater the excavated material using a method which has been submitted and approved by the Owner and stockpile the material in the area shown on the Plans. Payments will be made of lump sum bid. 1.5 FINAL CLEANUP The Contractor shall perform final cleanup of all parts of the work before final acceptance of the work by the Owner. This cleanup shall include removing all excavated material not �., in fill site and in general preparing and leaving the site in an orderly manner. fi r 2555-95 01025 - 1 No Text r C SECTION 01040 COORDINATION AND MEETINGS PART GENERAL 1.1 SECTION INCLUDES A. Coordination. B. Field engineering. C. Preconstruction conference. 1.2 COORDINATION A. Coordinate scheduling, submittals, and Work of the various Sections of specifications. B. Coordinate completion and clean up of Work of separate Sections in preparation for Substantial Completion. 1.3 FIELD ENGINEERING A. Provide field engineering services. Establish elevations, lines, and levels, utilizing 4 recongnized engineering survey practices. Field engineering for verification and layout will be at the Contractor's expense. • r r 1.4 PRECONSTRUCTION CONFERENCE A. Engineer will schedule a conference after Notice of Award. B. Attendance Required: Engineer, Owner and Contractor. C. Agenda 1. Execution of Owner -Contractor Agreement. 2. Submission of executed bonds and insurance certificates. 3. Distribution of Contract Documents. 4. Submission of list of Subcontractors and progress schedule. 5. Designation of personnel representing the parties in Contract. 6. Procedures and processing of field decisions, submittals, applications for payments, proposal request, Change Orders and Contract closeout procedures. 7. Scheduling. 8. Owners Requirements. 9. Survey. 10. Security. 11. Procedures for maintaining record documents. PART 2 PRODUCTS Not Used 2555-95 01040 - 1 7 PART 3 EXECUTION Not Used END OF SECTION 2555-95 01040 - 2 l SECTION 01300 SUBMTITALS PART GENERAL 1.1 RELATED DOCUMENTS F A. The Drawings, General Provisions including General Conditions, Supplementary General Provisions, Special Provisions and Division 1- General Requirements apply to the work of this Section. r 1.2 SECTION INCLUDES �. A. Submittal procedures. a 4 B. Drawings. r- 1.3 RELATED SECTIONS A. Section 01400 - Quality Control: reports. B. Section 01700 - Contract Closeout: Contract warranty and closeout submittals. 1.4 SUBMITTAL PROCEDURES A. Transmit each submittal with Contractor's standard preprinted transmittal form. r» B. Sequentially number the transmittal forms. C. Identify Project Engineer, Contractor, Subcontractor; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate. D. Apply Contractor's stamp, signed or initialed certifying that review, verification of r- Products required, field dimensions, adjacent construction Work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents. E. Schedule submittals to expedite the Project, and deliver to the Engineer's business address. Coordinate submission of related items. F. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. G. Provide space for Contractor and Engineer review stamps. d H. Revise and resubmit submittals as required, identify all changes made since previous r. submittal. I� I. Provide number of copies required by Contractor plus four (4) copies for Engineer. r ,., 2555-95 01300 -1 J. Distribute copies of reviewed 'submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. 1.5 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial progress schedule in duplicate within 15 days after date established in Notice to Proceed for Owner review. B. , Revise and resubmit as required. C. Submit revised schedules with each Application for Payment, identifying changes since previous version. D. Submit a horizontal bar chart with separate line for each major section of Work or operation, identifying first work day of each week. E. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Indicate the early and late start, early and late finish, float dates, and duration. F. Indicate estimated percentage of completion for each item of Work at each submission. G. Indicate submittal dates required for shop drawings, product data, samples, and product delivery dates, including those furnished by Owner and under Allowances. 1.6 DRAWINGS A. Submit in the form of one reproducible transparency and one opaque reproduction. B. After review, reproduce and distribute in accordance with Article on Procedures above and for Record Documents described in Section 01700 - Contract Closeout. 1.7 REQUIRED SUBMITTALS A. The following list is a general list of items to be submitted by the Contractor. The Contractor should submit additional information as necessary for insuring conformance with plans and specifications and is encouraged to review individual specification sections for specifics: 1. Proposed dredging method and verification method: 2. Dewatering facility Iayout and materials of construciton. 3. Method of dewatering excavated material including equipment used and a 'description of the operation of the dewatering facilities.. 4. < Final verification surveys. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 2555-95 01300 - 2 SECTION 01400 QUALITY CONTROL PART 1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Provisions including General Conditions, Supplementary General Provisions, Special Provisions and Division 1- General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. Quality assurance and control of excavation. B. References. 1.3 RELATED SECTIONS A. Section 01300 - Submittals. B. Individual Specification Sections: Inspections and tests required and standards for testing. 1.4 QUALITY ASSURANCE/CONTROL OF INSTALLATION A. Monitor quality control over, services, site conditions, and workmanship, to produce Work of specified quality. B. Perform work by persons qualified to produce workmanship of specified quality. 1.5 REFERENCES A. Obtain copies of standards when required by Contract Documents. B. The contractual relationship of the parties to the Contract shall not be altered from the Contract Documents by mention or inference otherwise in any reference document. 1.6 INSPECTION AND TESTING LABORATORY SERVICES A. The Contractor shall pay for all Contractor -required services required prior to construction. B. The Contractor shall notify Owner and independent firm 24 hours prior to expected time for operations requiring services. C. Perform testing as directed by the Engineer. Testing will be at Owner's cost except for failed tests. Failed test will be at the cost of the Contractor. n 2555-95 01400 - 1 PART 2 PRODUCTS Not Used 2555-95 01400 = 2 r 7 SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART1 GENERAL 1.1 SECTION INCLUDES A. Temporary Controls: Barriers, protection of the Work and water control B. Construction Facilities: Parking, progress cleaning and temporary buildings. 1.2 RELATED SECTIONS A. Section 01700 - Contract Closeout. 1.3 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas, to allow for Owner's use of site, and to protect existing facilities and adjacent properties from damage from construction operations and demolition. B. Provide protection for plant life designated to remain. Replace damaged plant life. L C. Protect non -owned vehicular traffic, stored materials, site and structures from damage. r• 1.4 WATER CONTROL A. Protect site from puddling or running water. 1.5 PROTECTION OF INSTALLED WORK A. Protect installed Work and provide special protection where specified in individual specification Sections. B. Provide temporary and removable protection for completed work. Control activity in immediate work area to minimize damage. C. Prohibit traffic from landscaped areas. 1.6 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials, debris, and rubbish from site periodically or when directed by the Owner and dispose of off -site. 1.7 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS 69* 2555-95 A. Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to Final Application for Payment. 01500 - 1 r+ B. Remove underground installations to a minimum depth of 2 feet. Grade site to original grade and return to original condition. C. Clean and repair damage caused by installation or use of temporary work. D. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used 2555-95 01500 2 q1.,. i SECTION 01560 ENVIRONMENTAL PROTECTION PART1 GENERAL 1.1 REFERENCES k The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. r CODE OF FEDERAL REGULATIONS (CFR) P 29 CFR 1910-SUBPART G Occupational Health and Environmental Control CORPS OF ENGINEERS (COE) COE EP-1165-2-304 1976 Flood Plain Regulations for Flood Plain Management 1.2 DEFINITIONS I A. Sediment Soil and other debris that have eroded and have been transported by runoff water or .- wind. B. Solid Waste Rubbish, debris, garbage, and other discarded solid materials resulting from industrial, commercial, and agricultural operations and from community activities. C. Rubbish Combustible and noncombustible wastes such as paper, boxes, glass, crockery, metal, lumber, cans, and bones. D. Debris Combustible and noncombustible wastes such as ashes and waste materials resulting from construction or maintenance and repair work, leaves, and tree trimmings. E. Chemical Wastes l l This includes salts, acids, alkalies, herbicides, pesticides, organic chemicals, and spent products which serve no purpose. F. Sanitary Wastes 1. Sewage Wastes characterized as domestic sanitary sewage. 2. Garbage Refuse and scraps resulting from preparation, cooking, dispensing, and consumption of food. G. Oily Waste E` Petroleum products and bituminous materials. �-- 1.3 ENVIRONMENTAL PROTECTION REQUIREMENTS Provide and maintain, during the life of the contract, environmental protection as defined. .• Plan for and provide environmental protective measures to control pollution that develops 2555-95 01560 - 1 during normal construction practice. Plan for and provide environmental protective measures required to correct conditions that develop during the construction of permanent or temporary environmental features associated with the project. Comply with Federal, state, and local regulations pertaining to the environment, including but not limited to water, air, and noise pollution. - A. Storm Water Pollution Prevention Plan (SWPPP) Prepare and comply with SWPPP in accordance with "NPDES General Permits for Storm Water Discharges From Construction activities that are classified as 'Associated with Industrial Activity'", Federal Register, Vol. _57, No. 175, September 9, 1992. Submit SWPPP to Engineer within fifteen days after Notice to proceed. B. Preconstruction Survey Perform a preconstruction survey of the project site with the Engineer, and pollution prevention measures necessary to assess existing environmental conditions in, and adjacent to the site. PART 2 PRODUCTS Not used. PART 3 EXECUTION 3.1 PROTECTION OF NATURAL RESOURCES Preserve the natural resources within the project boundaries and outside the limits of permanent work. Restore to an equivalent or improved condition upon completion of work. Confine construction activities to within the limits of the work indicated or specified. A. Land Resources Except in areas to be cleared, do not remove, cut, deface, injure, or destroy trees or shrubs without the Engineer's permission. Do not fasten or attach ropes, cables, or guys.to existing nearby trees for anchorages unless authorized by the Engineer. Where such use of attached ropes, cables, or guys is authorized, the Contractor shall be responsible for any resultant damage. 1. Protection Protect existing trees which are to remain and which may be injured, bruised, defaced, or otherwise damaged by construction operations. Remove displaced rocks from uncleared areas. By approved excavation, remove trees with 30 percent or more of their root systems destroyed. 2. ' Replacement , Remove trees and other landscape features scarred or damaged by equipment operations, and replace with equivalent, undamaged trees and landscape features. Obtain Engineer's approval before replacement. 2555-95 01560 - 2 r 3. Temporary Construction Remove traces of temporary construction facilities such as haul roads, work areas, �- structures, foundations of temporary structures, stockpiles of excess or waste materials, and other signs of construction. Grade temporary roads, parking areas, and similar temporarily used areas to conform with surrounding contours. r.. B. Water Resources 1. Oily Wastes Prevent oily or other hazardous substances from entering the ground, drainage areas, or local bodies of water. Surroundall temporary fuel oil or petroleum storage tanks with a temporary earth berm of sufficient size and strength to contain the contents of the tanks in the event of leakage or spillage. C. Fish and Wildlife Resources Do not disturb fish and wildlife. Do not alter water flows or otherwise significantly disturb the native habitat adjacent to the project and critical to the survival of fish and wildlife, except as indicated or specified. 3.2 HISTORICAL AND ARCHAEOLOGICAL RESOURCES A. Carefully protect in place and report immediately to the Engineer historical and archaeological items or human skeletal remains discovered in the course of work. Stop work in the immediate area of the discovery until directed by the Engineer to resume work. If historical and archaeological resources such as artifacts (stone tools), features (stone walls), deposits (sea shells and charcoal stained soil), human bones and other cultural remains are encountered, stop that portion of work and notify the Engineer immediately. Within thirty-six (36) hours the Owner will determine if a change pursuant to the Contract should be issued or to direct the Contractor to proceed without change. No adjustment in contract price or completion time will be allowed for delays that do not exceed thirty-six (36) hours from the time the Contractor is notified to stop work. The Owner retains ownership and control over historical and archaeological resources. 3.3 EROSION AND SEDIMENT CONTROL MEASURES A. Burnoff Burnoff of the ground cover is not permitted. B. Borrow Areas Manage and control borrow areas to prevent sediment from entering nearby streams or lakes. Restore areas, including those outside the borrow areas, disturbed by borrow and haul operations. Restoration includes grading, replacement of topsoil, and establishment of a permanent vegetative cover. C. Protection of Erodible Soils Immediately finish the earthwork brought to a final grade, as indicated or specified. Immediately protect the side slopes and back slopes upon completion of rough grading. Plan and conduct earthwork to minimize the duration of exposure of unprotected soils. D. Temporary Protection of Erodible Soils Mechanically retard and control the rate of runoff from the construction site. This includes construction of diversion ditches, benches, and berms to retard and divert runoff to protected drainage courses. 2555-95 01560 - 3 3.4 CONTROL AND DISPOSAL OF SOLID AND SANITARY WASTES Pick up solid wastes, and place in containers which are regularly emptied. Do not prepare, cook, or dispose of food on the project site. Prevent contamination of the site of other areas when handling and disposing of wastes. On completion, leave the areas clean. Control and dispose of waste. A. Disposal of Rubbish and Debris Dispose of rubbish and debris in accordance with the requirements specified in area as directed by Owner. B. Garbage Disposal Place garbage in approved containers, and move to a pick up point or disposal area, where directed. 3.5 DUST CONTROL Contractor will be fully responsible for dust control along all haul roads and in the project area. Keep dust down at all times, including during nonworking periods. Sprinkle or treat, with dust suppressants, the soil at the site, haul roads, and other areas disturbed by operations. END OF SECTION f 2555-95 01560 4 r 7 SECTION 01700 CONTRACT CLOSEOUT PART GENERAL 1.1 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Project record documents. 1.2 RELATED SECTIONS A. General Conditions B. Supplementary Conditions C. Section 01500, Construction Facilities and Temporary Controls: Progress cleaning. 1.3 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Owner's inspection. B. Provide submittals to Engineer that are required by governing or other authorities. C. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. D. Provide As -Built Surveys for verification with the Contract Documents. 1.4 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Remove waste and surplus materials, rubbish, and construction facilities from the site. 1.5 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents; record actual revisions to the Work: 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other Modifications to the Contract. 5. Reviewed submittals. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. D. Record Documents and Shop Drawings: Legibly mark each item to record actual r construction including: 1. Field changes of dimension and detail. 2. Details not on original Contract Drawings. E. Submit documents to Engineer for approval. 2555-95 01700 - 1 PART 2 PRODUCTS 2555-95 01700 -2 F SECTION 02482 DREDGING PART GENERAL 2555-95 1.1 DEFINITION Hard material is defined as material requiring the use of special equipment for economical removal, and includes boulders or fragments too large to be removed in one piece by the dredge. 1.2 SUBMITTALS Submit the following in accordance with Section 01300, "Submittals." A. Drawings 1. Submit proposed dredging method. 2. Dewatering Facilities - Indicate dewatering location and installation details. 3. Submit method of transport of dredged material from water body to Fill Site. 1.3 MATERIAL TO BE REMOVED The work consists of furnishing all plant, labor, materials and equipment and performing all work required by these specifications and the drawings forming parts thereof for excavation of the lake, stockpiling the material and dewatering the excavated material. The Contractor shall remove sufficient material to within 0.5 feet as indicated in the contract drawings and described in the Technical Clauses. A. Hard Material 1. Should the Owner direct in writing that hard material be removed, the work shall be performed and , an adjustment in the contract price or time for completion, or both, will be made in accordance with Contract Documents. If hard material is to be removed, blasting will not be permitted. 1.4 ARTIFICIAL OBSTRUCTIONS Rubbish and incedental items shall be removed and disposed of by the Contractor. The Owner has no knowledge of cables, pipes, or other artificial obstructions or of any wrecks, wreckage, or other material that would necessitate the use of additional equipment for economical removal. If actual conditions differ from those stated or shown, or both, an adjustment in contract price or time for completion, or both, will be made in accordance with Contract Documents. 1.5 QUANTITY OF MATERIAL The total estimated amount of material to be removed from within the specified limits, 02482-1 including side slopes, but excluding overdepths, is 30,000 cubic yards. The maximum amount of allowable overdepth dredging is estimated to be 2,000 cubic yards. The estimated quantity for bidding purposes shall be 32,000 cubic yards, which is the total quantity, including overdepth. The quantities listed are estimates only. Within the limits of available funds, complete the work specified whether the quantities involved are greater or less than those estimated. 1.6 SIDE SLOPES Dredging on side slopes shall follow, as closely as practicable, the lines indicated or specified. 1.7 PERMIT The Contractor shall comply with conditions and requirements of the Corps of Engineers Permit and other State or Federal permits. The Owner will secure the permit for dredging and disposal of material as indicated. Make arrangements with Owner for disposal of excavated materials. 1.8 ENVIRONMENTAL PROTECTION REQUIREMENTS Provide and maintain during the life of the contract, environmental protective measures. Also, provide environmental protective measures required to correct conditions, such as oil spills or debris, that occur during the dredging operations. Comply with Federal, State, and local regulations pertaining to water, air, and noise pollution. The Contractor shall perform his excavation operations in a manner that will reduce turbidity to the lowest practicable level when using the normal accepted hydraulic dredging practices. 1.9 BASIS FOR BIDS Bids will be lump sum bids based on execution of the Work in accordance with the Contract Documents. The dredging conditions specified and indicated describe conditions which are known. However, the Contractor is responsible for other conditions encountered which are not unusual when compared to the conditions recognized in the dredging business as usual in dredging activities such as those required under this contract. PART 2 PRODUCTS Not used. PART 3 EXECUTION 3.1 INSPECTION Inspect the work,'keep records of work performed, and ensure that gages, targets, ranges, 2555-95 02482-2 m 7 and other markers are in place and usable for the intended purpose. Furnish, at the request of the Owner, boats, boatmen, laborers, and materials necessary for inspecting, supervising, �— and surveying the work. 3.2 CONDUCT OF DREDGING WORK A. Plant Maintain the plant, pipelines, and associated equipment to meet the requirements of the work. Promptly repair leaks or breaks along pipelines. Remove dredged material placed due to leaks and breaks. B. Disposal of Excavated Material Provide for safe transportation and disposal of dredged materials. Transport and dispose of dredged material in the area designated for disposal of dredged material. The deposit of dredged materials in unauthorized places is forbidden. 1. Method of Disposal. Pipeline for hydraulic dredging shall discharge into the disposal area. 2. Disposal in Indicated Stockpile Area. Provide acid maintain necessary bulkheads, dikes, ditches, weirs, spillways, and other construction necessary to confine and retain the excavated material in the dredge stockpile area. 3. Pipeline. If a leak occurs in the discharge pipeline, immediately discontinue using the line until leaks are repaired. Remove material placed due to leaks or breaks. C. Unauthorized Disposal of Material. 1. Any excavated material deposited other than in places designated or approved by the Owner will not be paid for, and the Contractor will be required to remove such misplaced excavated material and deposit it where directed at the Contractors expense. 2. During the progress of the work, the Contractor shall not deposit worn out discharge pipe, wire rope, scrap metal, timbers, or any other such type of rubbish or obstructive material in the disposal areas, more along the banks of the waters. Such material, together with any scrap, rope, wire cable, piles, pipe, or any other obstructive material which may be encountered during the dredging operations, shall be disposed of by the Contractor in and approved location. The Contractor shall also remove and dispose: of any other discarded materials located within the limits of the project under these specifications. Ir D. Method of Communication Provide a system of communication between the dredge crew and the crew at the disposal area. A portable two-way radio is acceptable. r^ 2555-95 E. Salvaged Material Anchors, chains, firearms, and other articles of value, which are brought to the surface during dredging operations, shall remain or become the: property of the Owner and shall be deposited on shore at a convenient location near the site of the work, as directed. 02482-3 F. Safety of Structures The prosecution of work shall ensure the stability of structures lying on or adjacent to the site of the work, insofar as structures may be jeopardized by dredging operations. Repair damage resulting from dredging operations, insofar as such damage may be caused by variation in locations or depth of dredging, or both, from that indicated or permitted under the contract. G. Plant Removal Upon completion of the work, promptly remove plant, including ranges, buoys, piles, and other markers or obstructions. 3.3 MEASUREMENT & PAYMENT The Owner will take measurements before dredging. Contractor will provide Owner with an electronic and hard copies of final survey for verification with the Contract Documents. Survey data shall be in the following format: ASCII Format, one data point per line. Line format as follows: Point #, Northing, Easting, Elevation, Description, A. Verification Payment will be made on a lump sum basis. Contractor will be responsible for surveying the bottom of the water way at the control points established by the Engineer prior to Commencement of the Work. Any discrepancies in the Contractor's survey and the cross -sections included on the Plans, should be reported to the Owner immediately. The surveyed cross -sections will be submitted to the Owner for comparison to the completed cross -sections. The Contractor will survey -the water way after completion of the Work to verify that dredging has been accomplished in accordance with the tolerances included in these specifications. Submit final survey as specified. 3.4 FINAL EXAMINATION AND ACCEPTANCE As soon as practicable after the completion of areas, which in the opinion of the Owner, will not be affected by further dredging operations, each area will be examined by the Owner. Remove shoals and lumps by dragging the bottom or by dredging. However, if the bottom is soft and the shoal areas form no material. obstruction, removal may be waived at the discretion of the Owner. The Contractor will be notified when measurements are to be made and will be permitted to accompany the measurement party and to inspect the data and methods used in preparing the final estimate. When areas are found to be in a satisfactory condition, the work therein will be accepted as complete. Final estimates will be subject to deductions or correction of deductions previously made because of excessive overdepth, dredging outside of authorized areas, or disposal of material in an unauthorized manner. END OF SECTION 2555-95 02482-4