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HomeMy WebLinkAboutResolution - 2005-R0339 - Contract For Drainage Improvements At Andrews/Clapp Parks - 07/28/2005Resolution No. 2005-R0339 July 28, 2009 Item 28 RESOLUTION 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 for drainage improvements at Andrews and Clapp Parks, by and between the City of Lubbock and Brown -McKee, Inc. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 28th day of July f , 2005. MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Craig Farme Managing Director of Planning and Transportation APPROVED AS TO FORM: l" Jo M. Knight, Assist ity At6irney gs/ccdocs/Contract-Brown-McKee, Inc.res July 18, 2005 No Text No Text City of Lubbock PURCHASING DEPARTMENT ROOM 204, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us ITB #05-047-BM, Addendum #2 ADDENDUM #2 ITB #05-047-BM Drainage Improvements at Andrews and Clapp Parks DATE ISSUED: June 4, 2005 OLD CLOSE DATE: June 8, 2005 @ 1:00 P.M. NEW CLOSE DATE: June 16, 2005 @ 2:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Bid due date and time are CHANGED form June 8, 2005 @ 1:00 P.M. to June 16, 2005 @ 2:00 P.M. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to Bmacnair@Lnylubbock.us THANK YOU, CITY OF LUBBOCK bra Bruce MacNair Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Purchasing Manager if any language, reouirements, etc., or any combinations thereof, inadvertently restricts or limits the reauirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB#05-047-BMAd2 I City of Lubbock PURCHASING DEPARTMENT ROOM 204, MUNICIPAL BUILDING 1625 13"' STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us ITB #05-047-BM, Addendum # 1 ADDENDUM #1 ITB #05-047-BM Drainage Improvements at Andrews and Clapp Parks DATE ISSUED: June 4, 2005 CLOSE DATE: June 8, 2005 @ 1:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Notes from pre -bid conference are addressed in the following questions and answers: QUESTION: How should backfilling be handled around exposed water and sewer lines in the drainage channel at Andrew's Park? ANSWER: The exposed water and sewer lines will be taken care of by the City of Lubbock's Water Utilities Department prior to any construction activities. QUESTION: Since sodding can only occur between March and September, will the contract time be extended if sodding does not happen before the September deadline and has to be held over until March? ANSWER: The City will work with the awarded Contractor to make sure the timing works for the City and the Contractor. Possibilities include suspending the contract or possibly delaying the Notice to Proceed to allow turf establishment in March/April 2006. QUESTION: What is the permanent water surface elevation for Andrew's Park Lake? ANSWER: The permanent elevation was established at the lowest drainage structure on the east side of the lake at 3218.00 National Geodetic Vertical Datum (NGVD). The City does have the ability to pump this lake down in order to get the concrete channel finished at the south end. 2. ADD hundred feet (100') to all elevations on the Andrew's Park plan sheets to obtain the actual NGVD elevation. All elevations on the Clapp Park plan sheets are correct. Please see revised plan sheets 1 and 2 dated 5/20/05 for the corrected elevations (attached). All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to Bmacnair()mylubbock.us THANK YOU, CITY OF LUBBOCK R� Bruce MacNair Senior Buyer ITB#05-047-BMAdl ITB #05-047-BM, Addendum # 1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Purchasing Manager if any language requirements etc or any combinations thereoff, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB#05-047-BMAd 1 2 O f NOT TO SCALE DEMOLITION DETAIL SECT*N A -A NOT TO SCALE CONCRETE CHANNEL DETAIL �MEN T 6' 1 B' SECTKIN B-B NOT TO SCALE �{ 1 NOT TO SC CONNECTION EXISTING TRA CHANNE Nc ANDREWS CHANNEL ANDREWS PARK AND G APP PARK DRAWDE IMPROVEAfNTS �rw wnia � . _. ... �.... � L J ! _ __� ._ __J L_.wJ 11 I __ L ___� t' 1 E ENERGY DISSIPATER n NOTES a. 0 LIMIT CONSTRIICTKNI ACTIVITIES TO A T07AL WIDTH OF 60 FEET PARALLEL TO THE PROPOSED CENTER LIE OF THE CHANNEL. � w r 21 EPROUPMEI�T AND OVIDE O PROTECTCWN PROPERTY. IN PROGRESS. SI FIELD YEPfT ALL OYENSONS BEFORE COMMENCING WORK. REPORT My DISCRFPAMCES TO OWNER. 20' 8' I 11 iT 6 THE CONTRACTORS RESPONSBLLIIT TO ► NNTFY N AND LOCATE All EfOSTING UT li DAMAGE TO ANY _�� �_•� .....r EXISTING DTLITY RL BE REPARED BY THE CONTRACTOR AT NO ADDITIONAL COST TO THE CRY. T ` SECTION C-C SI BEFORE PROCEEDING MTN CONSTRUCTION P rM�o NOT TO SCALE NOT DIG-TESS EXCAVATION SAFETY AT 800-3I/-8377 AND THE PARKS DEPARTMENT AT TT5•268T / ENERGY DISSIPATER 63 ANY SURPLUS MATERIAL AND SOL WILL BE REMOVED OFF rw� rR� THE OWNERS MOPERTY AND DISPOSED OF PROPERLY BY TOR. THE ELEVAT05 '3 r ws w TI ALL EIIvVATG16 ARE ASSUMED. mmwrr� 20' �� & CONISTRIICTDAND N SRE ENTRANCE IS LOCATED ON TnH STREET A ___ �w �r �wwe AND SHOULD BE THE ONLY ENTRANCE AND EXIT USED OIFRG CONSTRUCTION _ D ANY DAMAGE CAUSED BY CartRKTOR'S VEHICLES WILL BE REPAIRED AT CO TUCTORS EXPENSE v.ow.n..+r.0 Aer wr.a 22' r.A r 7 2 NOT TO SCALE TOE WALL DETAIL ANDREWS CHANNEL ANDREWS PARK AND CLAPP PARK DRAINAGE OXWVEMENTS aaNWN Ta Auwalrvn �0�2 CITY OF LUBBOCK SPECIFICATIONS FOR DRAINAGE IMPROVEMENTS AT ANDREWS AND CLAPP PARKS ITB #05-047-BM Plans & Specifications may be obtained, at the bidder's expense, from THE REPRODUCTION COMPANY htti)://vr.thergproductioncolnpM.com/ Phone: (806) 763-7770 "A City Of Planned Progress" CITY OF LUBBOCK Lubbock, Texas CITY OF LUBBOCK INVITATION TO BID •• TITLE: DRAINAGE IMPROVEMENTS AT ANDREWS AND CLAPP PARKS ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 05-047-BM PROJECT NUMBER: 90344.8304.20000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT 2. 3. 4. 5. 6. 7. 8. 9. 10 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 NOTICE TO BIDDERS NOTICE TO BIDDERS ITS #05-047-BM Sealed bids addressed to Victor Kihnan, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room 204, Lubbock; Texas, 79401, until 1:00 o'clock p.m. on the 8th day of June. 2005, 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: "DRAINAGE IMPROVEMENTS AT ANDREWS AND CLAPP PARKS" 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. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 1:00 o'clock p.m. on the 8th day of June. 2005, and the City of Lubbock City Council will consider the bids on the 23rd day of June. 2005. 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 in accordance with Chapter 2253, Government Code-, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to finvish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or sum or. 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 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 fifteen (15) days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY Vi ITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. 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 non -mandatory pre bid conference on 19th day of May, 2005 at 9:00 o'clock a.m., in TRAINING ROOM L01, 1625 13TH STREET, Lubbock, Texas. Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405. PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE BIDDER'S EXPENSE, FROM THE REPRODUCTION COMPANY, http://pr.thereproductioncompanv.com/. Phone: (806) 763-7770. 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 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 City of Lubbock ADA Coordinator at (806) 775- 2018 at least 48 hours in advance of the meeting. THE REPRODUCii©x COMPANY Cfl-L-) West Texas Reprographics Headquarters 2102 Ave. Q Lubbock, TX 79d11 -' (806)763-7770 (888) 889.5978 http:Hpr.thereproductidncompany.com i_. Price per Set: $31.17 CITY OF LUBBOCK � e,C-D. � VICTOR KILMAN PURCHASING MANAGER GENERAL INSTRUCTIONS TO BIDDERS - GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY TIME & DATE ' 1.1 The Cityof Lubbock is seeking written and sealed competitive bids to furnish DRAINAGE g p IMPROVEMENTS AT ANDREWS AND CLAPP PARKS per the attached specifications and contract documents. Sealed bids will be received no later than 1:00 p.m. CST, the 8th day of June, 2005 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB #05-047-BM, DRAINAGE IMPROVEMENTS AT ANDREWS AND CLAPP PARKS" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held at 9.00 a.m., May 19th 2005 in TRAINING ROOM L01 1625 13TH STREET Lubbock Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at http://www.RFPde op t.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addenda issued by the Purchasing Department will be available over the Internet at http://www.R-FPdepot.com and will become part of the proposal package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. M t 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. ' 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS 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 or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: BRUCE MACNAIR, SENIOR BUYER City of Lubbock 1625 13'' Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: BMacnair@mylubbock.us RFPDepot: hiip://www.RFPdoot.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within ONE HUNDRED EIGHTY (180) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 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 1.._'> progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 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 b the contract documents have been aid in full and that there are no claims p p y p pending, of which the Contractor has been notified. 16 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. 17 GUARANTEES 17.1 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). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR i_ 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 furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK { The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, lay 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 Y 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. 3 (c) Equipment schedule. 9 20 TEXAS STATE SALES TAX 20.1 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. 20.2 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. 21 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 a.• relieve the Contractor of his responsibilities 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 Contractor's expense. 22 BARRICADES AND SAFETY MEASURES r 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 Contractor's 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. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the 3 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 life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 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. 24 CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 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 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 before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, 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. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION 1 COVERAGE FOR EACH SUBCONTRACTOR. 26 LABOR AND WORKING HOURS 26.1 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 that 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 further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. z Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: - 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 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. 26.2 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. 26.3 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. 27 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 t to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic z 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. 28 PROVISIONS CONCERNING ESCALATION CLAUSES a 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. 29 PREPARATION FOR BID t ° 29.1 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 29.2 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 k _ 7 30 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. 29.3 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: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 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 for Contractor and all Sub -Contractors. (j) 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. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors 8 32 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid Items 1 through 25 plus the sum of any Alternate Bids the City may select. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 7 C 1� C BID SUBMITTAL UNIT PRICE BID CONTRACT DATE: June 8, 2005 PROJECT NgJMBER: #05-047-BM - DRAINAGE IMPROVEMENTS AT ANDREWS AND CLAPP PARKS Bid of Brown —McKee, Inc. (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a DRAINAGE IMPROVEMENTS AT ANDREWS AND CLAPP PARKS having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other „ f 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 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. tent Appros Description of Item & Unit Prices Total Amount \o. Otv / Units 1 LS Mobilization/Demobilization including insurance, performance and payment bonds, move-in/move-out costs: MATERIALS: Three hundred dollars ($ 300.00 /LS) 300.00 1 --= SERVICES: Seven thousand eight hundred seventy nine ($ 7,879.00/LS)7,879.00 TOTAL BID ITEM #1 Eight thousand one hundred seventy ninf$ 8,179.00/LS) (8,179.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 29 SY Demolition of Flatwork indicated on the drawings at the proposed locations, complete: �IATERLALS: zero ($ /SY) ( 1 SERVICES: Forty dollars twenty three cents 1$ 40.23 /SY)(1,T66.67 ) TOTAL BID ITEM #2 Forty dollars twenty three cents (00.23 /SY)(1,166.67 (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) MPO Bidder's Initials Item Approz Description of Item & Unit Prices Total Amount No. ON / Units 3 2725 SY New Concrete Flatwork at the proposed locations indicated on the drawings, complete in place: MATERIALS: Seventeen dollars fifteen cents ($17.15 /SY)(46,717.00 ) SERVICES: Twenty nine dollars seventy one cents ($ 29.71 /Sn�0,959.75 ) TOTAL BID ITEM #3 Forty six dollars eight six cents ($ 46.86 /S)) (127 , 676.7-5l (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 4 1 EA Energy Dissipater, furnished, installed, complete in place: MATERIALS: Twenty seven hundred sixty two dollars ($ 27 62.001EA) ( 2762.00 ) SERVICES:Three thousand three hundred sixty five dollaj$3 365 n A)(3 365 00 ) TOTAL BID ITEM #4 Six thousand one hundred w n v seven ($6.127.0(YEA) (6.1 97 _ nn ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 5 3000 SY Reestablish vegetation by sodding, complete, in place: MATERIALS: Four dollars twenty one cents ($ 4.21 /S30(12,628.00 ) IERVICES: Six dollars and eighty eight cents ($ 6.88 /S))(20,642 00 ) TOTAL BID ITEM #5 Eleven dollars and nine cents ($11.09 /SY) (33.270.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 6 1 LS Storm Water Pollution Prevention Plan, furnished, installed and maintained: MATERIALS: Nine thousand nine hundred thirty six dollar($ 9,936.O9LS)( 9,936.00 ) SERVICES: Five thousand eight hundred twenty four dollar($ 5,824.0ftS)(5,824.00 ) TOTAL BIDITEM #6 Fifteen thousand seven hundred sixty doj$15, 760.Oft,S) (15, 760.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) TOTAL BASE BID - ANDREWS PARK DRAINAGE IMPROVEMENTS, BID ITEMS #1- #6: MATERLALS:Seventy Two thousand three hundred forty three dollars $72,343.00 & 42 100 SERVICES:One hundred nineteen thousand eight hundred thirty six ($ 119,836 4) TOTAL BID ITEMS #1 - #6:One hundred ninety two thousand one hundred (9192,179.43 (Unit Price Amounts shall be shown in both ws ds an' V mile ca�e�gfldias re�par c , he� 9l own in words shall govern.) M Pa Bidder's Initials Alternate #1 - Clapp Park 1 Drainage Improvements Item Approx Description of Item & Unit Prices Total Amount No. Otv / Units 1 LS Mobilization/Demobilization including insurance, performance and payment bonds, move-in/move-out costs: MATERIALS: Two hundred dollars ($ 200.00 /LS) ( 200.00 ) SERVICES: Five hundred dollars ($ 500.00 /LS)( 500.00 ) TOTAL BID ITEM #7 Seven hundred dollars ($ 700.00 /LS) (700.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 30 SY Demolition of Flatwork indicated on the drawings at the proposed locations, complete: MATERIALS z ern ($ 0 /SY) ( 0 ) SERVICES: Fnri-v f itrA rinl l arc ($ 45 M /SY) ( 1 . -350 00 ) TOTAL BID ITEM #8 Forty five dollars ($ 45.00 /Sy) (1, 350 00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 9 30 SY New Concrete Flatwork at the proposed locations indicated on the drawings, complete: MATERIALS: Twenty dollars forty four cents ($20 44 /Sy) ( 613.20 ) SERVICES: Thirty five dollars fifty-six cents ($35 56 /Sy)(1,066 80 ) TOTAL BIDITEM #9 Fif tv six dollars ($ 56 00 /SY) Q , 680 00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 10 81 SY Reestablish vegetation by sodding, complete, in place: MATERIALS: Four dollars ninety four cents ($4 94 /SY) (400 14 ) SERVICES: Eight dollars six cents ($ 8 06 /S)) ( 652.86 ) c TOTAL BID ITEM #10 _Thirteen -dollars ($ 13 00 /SY) (1.053.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) TOTAL ALTERNATE #1- CLAPP PARK 1 DRAINAGE IMPROVEMENTS, BID ITEMS #7 - #10: MATERIALS:One thousand two hundred thirteen and thirty four cent ($ 1,213.34 ) SERVICES: Three thousand five hundred sixty nine and sixty six ($ 3,569.66 ) TOTAL BID ITEMS #7 - #10: Four thousand seven hundred eighty three ($ 4 , 783.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) N Bidder's Initials Alternate #2 - Clapp Park 2 Drainage Improvements Item Approz Description of Item & Unit Prices Total Amount No. Otv / Units 11 1 LS Mobilization/Demobilization including insurance, performance and payment bonds, move-in/move-out costs: MATERIALS_One hundred dollars 1$100 00 /IS)( 100.00 ) SERVICES: Four hundred dollars ($ 400 00 /LS) ( 400.00 ) TOTAL BIDITEM #11 Five hundred dollars ($ 500 00 /LS) ( 500 00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 12 60 SY Demolition of Flatwork indicated on the drawings at the proposed locations, complete: MATERLUS_Zero ($-0— /SY)( —0— ) SERVICES: Forty five dollars ($ 45.00 /Sy)( 2,700 00 ) TOTAL BIDITEM #12 Forty five dollars ($ 45.00 /S)) (2 , 700.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 13 60 SY New Concrete Flatwork at the proposed locations indicated on the drawings, complete: MATERIALS: Twenty thraa rinlIarc ,;o.>o„+-y fiva rang ($21 79 /S))(1 LDS nn ) SERVICES: Forty one dollars twenty five cents ($ 41.25 /S))(2,475 00 ) TOTAL BIDITEM #13 Sixty five dollars ($ 65 00 /S)) (3 , 900 00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 14 110 SY Reestablish vegetation by sodding, complete, in place: MATERIALS_ _Four dollars ninety four cents ($ 4.94 /S)) (543 40 ) SERVICES: _Eight dollars six cents ($ 8.06 /SD (886 60 ) TOTAL BID ITEM #14 Thirteen dollars ($ 1 nn IS))( 1,430.00 (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) TOTAL ALTERNATE #2 - CLAPP PARK 2 DRAINAGE IMPROVEMENTS, BID ITEMS #11 - #14: MATERIALSTwo thousand sixty eight and forty cents ($ 2,068.40 ) r SERVICES: Six thousand four hundred sixty one and sixty cents ($ 6,461.60 ) TOTALBID ITEMS #11 -#14: Eight thousand five hunrlrpci thirty dollars ($ 8.530 00ri ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) /4100 Bidder's Initials Alternate #3 - Clapp Park 3 Drainage Improvements .tem Approx Description of Item & Unit Prices Total Amount No. ON / Units "' 15 1 LS Mobilization/Demobilization including insurance, performance and payment bonds, move-in/move-out costs: -y MATERIALS: Three hundred dollars ($ 300.00 /LS) ( 300.00 ) SERVICES: Eleven hundred dollars ($ 1,100.OQLS)(1,100.00 ) TOTAL BID ITEM #15 Fourteen hundred dollars ($ 1,400.00/LS) (1,400.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 16 67 SY Demolition of Flatwork indicated on the drawings at the proposed locations, complete: ^aMATERIALS: zero ($ —0— /SY) ( —0— ) ..SERVICES: Sixty dollars ($ 60.00 /Sy)(4,020 00 ) rTOTAL BID ITEM #16 Sixty dollars ($ 60.00 /Sy) (4, 020 00 (Unit Price Amounts shall be shown to both words and numerals. In case of discrepancy, the amount shown in words shall govern.) ) 17 67 SY New Concrete Flatwork at the proposed locations indicated on the drawings, complete: MATERIALS; Thirty six dollars -_fifty four cents ($ 36.54 /SY) (2,448.18 ) SERVICES:_ Sixty three dollards forty six cents ($ 63.46 /SY)(4,251 82 ) TOTAL BID ITEM #17 One hun dred dollars ($ 100 00 /SY) (6 700 00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 135 SY Reestablish vegetation by sodding, complete, in place: VATERIALS: Four dollars and ninety four cents ($ 4.94 /Sy)( 666.90 ) -SERVICES: Eight dollars and six cents ($ 8.06 /Sy)(1,088 10 ) TOTAL BID ITEM #18 Thirteen dollars ($ 13.00 /Sy) (l , 755.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) COT.AL ALTERNATE #3 - CLAPP PARK 3 DRAINAGE IMPROVEMENTS, BID ITEMS #15 - #18: L,kTERLALS: Two thousand eight hundred fifteen and 8 cents ($ 2,815.08 ) r -- L�ERVICES: Ten thousand four hundred fifty nine and ninety two ($10,459.92 ) DOTAL BID ITEMS #15 - #18:Thirteen thousand two hundred seventy five ($13, 275.00 ) j (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) /+'r rU Bidder's Initials Uternate #4 - Clapp Park 4 Drainage Improvements Item Approx Description of Item & Unit Prices Total Amount No. Qtv / Units 19 1 LS Mobilization/Demobilization including insurance, performance and payment bonds, move-in/move-out costs: MATERIALS: Three hundred dollars ($300.00 /LS) ( 300.00 ) SERVICES: One thousand six hundred dollars ($ 1, 600.00/LS) (1, 600 00 ) TOTAL BID ITEM #19 Nineteen hundred dollars ($1, 900.00 ALS) (1, 900 00 ) (Unit Price Amounts shall be shown in both words and numerals. in case of discrepancy, the amount shown in words shall govern.) 20 12 LF 54-Inch RCP Class III Storm Sewer Pipe in Trench, fiunished and installed per detail, complete, in place: MATERIALS: Two hundred seventy dollars eight three/102$ 270 83/LF)(3,250 00 ) SERVICES: One hun dyed fifty dollars ($ 150.00 /LF)(1,800 00 ) TOTAL BIDITEM #20 Four hundred twenty dollars & 83/100 ($ 420 83 /LF) (5, 050 00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 154 SY Demolition of Flatwork indicated on the drawings at the proposed locations, complete: MATERIALS: zero ($ —0— /SY) ( —0— SERVICES: Sixty Dollars ($ 60.00 /Sy) ( 9,240.00 ) .__ TOTAL BID ITEM #21 _Sixty dollars ($ 60 00 /S)) (9,240.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 22 169 SY New Concrete Flatwork at the proposed locations indicated on the drawings, complete: MATERIALS: Thirty C; V A—J 1 nj;c @Url f-iff-y -Fn 1r „,-nj ($ 36.54 /SY) ( 6,175. 26 ) SERVICES: Sixty three dollars and forty six cents ($ 63.46 /SY)(10,724.74 ) TOTAL BID ITEM #22 One hundred dollars (i00.00 /SYl ( 16, 900 00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words sb6l,&0jjaa 23 1 EA Headwall at the proposed locations indicated on the drawings, complete: MATIRIALS. Two thousand nine hundred ninety five dolla 2,995.*A 2,995.00 SERVICES: Six thousand nine hundred eighty nine dollars($ 6,989.00/EA)(6,989 00 ) TOTAL BID ITEM # Nine thousand nine hund red dyed eightyfour($ 9,984 OO/EA) (9,984 00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) fn Al" Bidder's Initials Item Approx Description of Item & Unit Prices Total Amount Qtv /Units 24 255 SY Reestablish vegetation by sodding, complete, in place: MATERIALS: Four dollars ninety four cents 4.94 /Sy 1,259.70 SERVICES: Eight: dollars and six cents 8.06 /S 2,055.30 TOTAL BIDITEM #24 Thirteen dollars ($ 13.00 /Sy) ( 3,315.00 (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 25 1 EA Tree removal at location indicated on drawing, including removal and disposal: MATERIALS: zero EA SERVICES: Six hundred eighty dollars EA` TOTAL BIDITEM #25 Six hundred eightydollars EA ($ tiQn nn / n (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) TOTAL ALTERNATE #4 - CLAPP PARK 4 DRAINAGE IMPROVEMENTS, BID ITEMS #19 - #25 MATERIALS: Thirteen thousand nine hundred seventy nine and 96/100,a, 13,979.96 9'-RVICES: Thirty three thousand eighty nine dollars and 04/100 $ 331-089.04 --- TOTAL BID ITEMS #19 - #25: Forty seven thousand sixty nine dollars $ 47,069.00 (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 41AU Bidder's Initials ?TAL BASE BID - ANDREWS PARK & ALTERNATE #1- CLAPP PARK #1 DRAINAGE IMPROVEMENTS, - -b ITEMS #1 - #10: MATERIALS: Seventy three thousand five hundred fifty six & 34/100($ 73,556.34 ) SERVICES: One hundred twenty three thousand four hundred six & 08/($ 123,406 08) TOTAL BID ITEMS#1- #10:_One hundred ninety six thousand nine hundre(Bl96,962 42 .) DEDUCT: sixty two and 42/100 ($ ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) TOTAL BASE BID - ANDREWS PARK & ALTERNATE # 1 & #2 - CLAPP PARK #1 & #2 DRAINAGE IMPROVEMENTS, BID ITEMS #1- #14: MATERIALS__ Seventy five thousand six hundred twenty four and 74/1M 75,624.74 sev nand 68/100 SERVICES:One hundred twenty nine thousand eight hundred sixty ( 12909 7 R) TOTAL BID ITEMS #1 - #14: Two hundred f ive thousand four hundred ninety two and 42 100 DEDUCT: ($ ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) _ —)TAL BASE BID - ANDREWS PARK & ALTERNATE #1- #3 - CLAPP PARK #143 DRAINAGE _PROVEMENTS, BID ITEMS #1- #18: MATERIALS:Seventy eight thousand four hundred thirty nine & 82/10M$ 78,439 82 ) 00 SERVICES: pne hundred forty 1hoi'sand three hnndrpd t-wpnt-N epxrpn ($ & 60/10,327 60) O TOTAL BIDITEMS #1 - #18: Two hundred eighteen thousand seven hundred 218 767.42 -- DEDUCT: sixty seven & 42 100 - � ($ ) (Unit Price Amounts shall be shown to both words and numerals. in case of discrepancy, the amount shown in words shall govern.) TOTAL BASE BID - ANDREWS PARK & ALTERNATE #1- #4 - CLAPP PARK #1 - #4 DRAINAGE " IMPROVEMENTS, BID ITEMS #1- #25: s MATERIALS:Ninety two thousand four hundred nineteen & 78/100 ($ 92,419 78 ) ;SERVICES:One hundred seventy three thousand four hundred 173,416.64 sixteen an TOTALBID ITEMS #1 -#25: Two hundred sixty five thousand eight ($265,836 42 ) F»� , hundred thirty six and 42/100 DEDUCT: ($ ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) ---AjjR0 Bidder's Initials Bidder hereby agrees to continence 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 substantially complete the project within 180 (ONE HUNDRED EIGHTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $200 (TWO HUNDRED) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. bidding. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for _ B; d Dollars ($ ) or a Bid Bond in the sum of Five pe nt of greatest amount Dollars ($_ ), 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, insurance certificates, and the required bond (if any) with the Owner within fifteen (15) 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. 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. E S L Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Sea] if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. % Date V A O'N _ Addenda No. S Date - Addenda No. Date Addenda No. Date MAR'BE Firm: Date: June 8, 2005 ca" Authorized Signature Mike P. Oles (Printed or Typed Name) Brown —McKee, Inc. Company 9n6 F_ Glar_an Rd Address Lubbock Lubbock City, County Texas 79452 State Zip Code Telephone: 806 - 745-4511 Fax: 806 - 748-1681 i woman I Black American Native American Hispanic American Asian Pacific American I I Other (.'necifvl 1 2 3 4. 5. 6. 7. s. 9. 10 LIST OF SUBCONTRACTORS Minority Owned Yes No ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ a ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH INSURANCE CERTIFICATES FOR EACH SUB -CONTRACTOR PURSUANT TO SECTION 28G OF THE GENERAL CONDITIONS. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. Contractor (Signature) Mike P. Oles, Brown -McKee, Inc. Contractor (Print) CONTRACTOR'S FIRM NAME: Brown -McKee, Inc. (Print or Type ) CONTRACTOR'S FIRM ADDRESS: 906 E. Slaton Rd. Lubbock, Texas 79452 Name of Agent/Broker: J. F.. M , f e & Son Address of Agent/Broker: 1310 Texas Ave. City/State/Zip: Lubbock, Texas 79401 Agent/Broker Telephone Number: ( 806 ) 763-5311 Date: June 8, 2005 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has 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 at (806) 775-2165. 3ID #05-047-BM - DRAINAGE IMPROVEMENTS AT ANDREWS AND CLAPP PARKS [ s 12 SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid Submittal) The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may -' consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO X y If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. 13 QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO X ry. If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO X _ 3 If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. L Signature President Title 14 SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANYNAME: Brown -McKee, Inc. ` Signature of Company Official: - Date Signed: June 8, 2005 Printed name of company official signing above: Mike P . Oles 15 UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE PO Box 73909 Cedar Rapids, Iowa 52407-3909 (A Stock Company) KNOW ALL BY THESE PRESENTS, that BROWN-MCKEE, INC. as Principal, hereinafter called the Principal, and the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized under the laws of the State of IOWA, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF LUBBOCK as Obligee, hereinafter called Obligee, in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID ---------------------------------------------------------------- Dollars ($------------------- 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 for _ ITB #05-047-BM DRAINAGE IMPROVEMENTS AT ANDREWS AND CLAPP PARKS 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 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. Signed and sealed this 8TH day of JUNE A.D. , 2005 In the presence of BROWN-MCKEE INC. (Seal) ' (Witness) MIKE P. OLES (Title) PRESIDENT UNITED FIRE & CASUALTY COMPANY (Seal) ay LU (Witness) DEEDEE BRINKER (Attorney -in -tact) CONT 00010798 UNITED FIRE 8/ CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA' CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company - See Certification) -� KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a Corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowan does make, constitute and appoint DAVID BRENHOLTZ, OR EVELYN WARWICK, OR DEE DEE BRINKER, OR LADONNA MCKINLEY ALL INDIVIDUALLY of -t LUBBOCK TX its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows: Any and All Bonds and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby -, given are hereby ratified and confirmed. The Authority hereby granted is continuous and shalt remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY. This power of Attorney is made and executed pursuant to and by authority of the: following By -Law duly adopted by Board of Directors of the Company on April 18, 1973. { "Article V - Surety Bonds and Undertakings" ' Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attomeys-in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney -in -fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to 6e signed by its vice president and its corporate seal to be hereto affixed this 26th day of July, 2004 CQIt01r1TE ` =>CJ1L AL UNITED FIRE & CASUALTY COMPANY � ' s tool By / �^�. Vice President State of Iowa, County of Linn, ss on 26th day of July, 2004, before me personally came Randy A. Ramlo to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporationand that he signed hiTwme thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. PATTI WADDELL tary Pu lic COMMISSION NUMBER 713274 My commission expires: ; 10/26/2007 MY COMMISSION EXPIRES owe I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the saidoriginals, and that the said Power of Attorney has not been revoked and Is now in full force and effect. toots """'"�� In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company this 8TH day of JUNE 20 05 CO11MATE I. Secretary F� BON000ig 0802 01 PAYMENT BOND No Text STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) BOND NO. 5 4 -14 6 6 41 KNOW ALL MEN BY THESE PRESENTS, thatBROWN-MCKEE, INC. (hereinafter called the Principal(s), as Principal(s), and UNITED FIRE & CASUALTY COMPANY (hereinafter called the Suretyo� js �NMO%l}e RO y 1 �� Nheo �hnck (hereinafter called the Obligee), in the amount of NTNF.Ty-STx ANT) 17/1 On------ars s* Obligee), Rti__�_1 7)E`D lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 28THday of JULY , 20 05 , to ITB #05-047-BM DRAINAGE IMPROVEMENTS AT ANDREWS PARK CONTRACT NO. 5937 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 Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 1ST day of AUGUST 2005 . UNITED FIRE & CASUALTY COMPANY Surety s�..�.v�.1Q�•-� i (Title) DEEDEE BRINKER ATTORNEY -IN -FACT BROWN-MCKEE, INC. (Company Name) By: MIKE OLES (Printed Name) olpt4' /9- (U.- (Signature) PRESIDENT f- (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates DEEDEE BRINKER an agent resident in Lubbock County to whom any requisite notices maybe delivered and on whom service of process may be had in matters arising out of such p Y g s h suretyship. UNITED FIRE & CASUALTY COMPANY Surety * By: A ft Owt� (Title)DEEDEE BRINKER ATTORNEY —IN —FACT Approved as to form: City of Lubbock B 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. 2 • �• � Ci � STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) BOND NO. 5 4 —14 6 6 41 KNOW ALL MEN BY THESE PRESENTS, thatBROWN—MCK (heremaf C. called the Principal(s), as Principal(s), and ry, UNITED FIRE & CASUALTY COMPANY (hereinafter called the Sure%y Easl � b aWNe d, ly4j?8> yrt tl ty l > k (hereinafter called the Obligee), in the amount ofNZNFmv-.�,TY ANn 1 711 nn------- o ars19 2, 1 96 11 lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the28TFflay of JULY ,2005to ITB #05-047—BM DRAINAGE IMPROVEMENTS AT ANDREWS PARK _s CONTRACT NO. 5937 and said principal under the law is required before commencingthe work provided for in said contract p act 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. _3 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. _ IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 1 ST day of AUGUST , 20 05. UNITED FIRE & CASUALTY COMPANY Surety * By: (Title) DEEDEE BRINKER ATTORNEY —IN —FACT BROWN—MCKEE, INC. (Company Name) By: MIKE OLES (Printed Name) (Signature) PRESIDENT (Title) The undersigned sure company represents that it is duly qualified to do business in Texas, and hereby designates BRIN$atFi gent resident in Lubbock County to whom any q may requisite notices be delivered and on Y whom service of process may be had in matters arising out of such suretyship. Approved as to Form City of Lubbock '.. By. - O g�e_--� Attorney I_ I UNITED FIRE & CASUALTY COMPANY Surety *By: (Title) DEEDEE BRINKER ATTORNEY -IN -FACT * 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. 2 Im UNITED FIRE GROUP IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: United Fire & Casualty Company United Life Insurance Company Addison Insurance Company Lafayette Insurance Company Insurance Brokers & Managers, Inc. American Indemnity Companies You may call United Fire Group's toll free telephone number for information or to make a complaint at: 800-343-9130 You may also write to United Fire Group at: United Fire Group Attn: Bond Department P.O. Box 73909 Cedar Rapids, IA 52407-3909 -or street address - United Fire Group Attn: Bond Department 118 Second Avenue SE Cedar Rapids, IA 52401 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.48, Governmental Code, and Section 53-202, Property Code, effective September 1, 2001. HOME OFFICE: 118 Second Avenue SE, PO Box 73909, Cedar Rapids, Iowa 52407-3909 Phone: 319-399-5790 FAX: 319-399-5425 r, United Fire Group Fidelity & Surety Department POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE SURETY BONDS You should know that, effective November 26, 2002, any losses sustained by the surety caused by certified acts of terrorism would be partially reimbursed to the surety by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the surety providing the coverage. The portion of your bond premium that is attributable to coverage for acts of terrorism is $ 0.00. Before any charges are added for terrorism coverage in future surety products you purchase, you will be able to make a coverage election for a then specified premium charge. The existence of the federal terrorism insurance program does not affect the obligations you assume in the indemnity agreement. HOME OFFICE: I I ISecond Ave. SE, PO Box 73909, Cedar Rapids, IA 52407-3909 phone: 319-399-5700 FAX: 319-399-5425 �3 r-, No Text CERTIFICATE OF INSURANCE CERTIFICATE OF LIABILITY INSURANCE 08/02M�°°,YYY ACORDY �M os/o2/Zoos PRODUCER J. E. Murfee & Son THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1310 Texas Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Lubbock TX 79401 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE I NAIC # INSURED Brown -McKee, Inc. & Precision Drilling INSURER A: l raVelerS Lloyds I a division of Brown -McKee, Inc. INSURER B: Phoenix Insurance PO Box 3279 INSURER C: Lubbock TX 79452 INSURER D: I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 1 POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLA►MR INSR D'L POLICY NUMBER POLICY EFFECTIVE • POLICY EXPIRATION LIMITS A GENERAL LIABILITY DTC0492D7257TLC05 01/01/2005 01/01/2006 EACH OCCURRENCE $ 100000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FX1 OCCUR DAMAGE TO RENTED S ( a n ..0 nce)$ 30000 MED EXP (Any one erson $ 500 PERSONAL & ADV INJURY _ $ 100ob-0 1I GENERALAGGREGATE $ 200000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 200000 POLICY M PRO- LOC B AUTOMOBILE X LIABILITY ANY AUTO DIENCAP492D727005 01/01/2005 01/01/2006 COMBINED SINGLE LIMIT (Ea accident) $ 100000, BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X X HIRED AUTOS NON-OWNEDAUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ - B WORKERS COMPENSATION AND DTNLJB491D302005 01/01/2005 01/01/2006 - X I WCSTATrU I oTHFIR EMPLOYERS' LIABILITY ANYPRO RIE ERPAR NERI (ECUTIVE K yes, describe under P E.L. EACH ACCIDENT $ 100000 E.L. DISEASE - EA EMPLOYE $ 100000 E.L. DISEASE - POLICY LIMIT $ 100000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: ITB#05-047-BM-Drainage improvements at Andrews Park. Blanket additional insured endorsement attached to the GL policy as required by written contract and such insurance shall be on a primary basis. Additional insured endorsement attached to the Auto Liab. policy in favor of the certificate holder. Blanket Waiver of subrogation endorsement attached to GL, Auto Liab. & WC policies as required by written contract. City of Lubbock c/o City of Lubbock Purchasing D ep t . 1625 13th St., Room 204 Lubbock 25 (2001108) TX 79401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOjt6 THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1I DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE © ACORD CORPOURATION 1981 A CONTRACTOR SHALL: (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; (4) obtain from each person providing services on a 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; (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 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; (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: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, 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. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. N "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 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." "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 (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 proj ect; (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 (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 (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. C' CONTRACT CONTRACT NO. 5937 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 28th day of July, 2005 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Brown -McKee, Inc. of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. 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 construction of certain improvements described as follows: BID #05-047-BM - DRAINAGE IMPROVEMENTS AT ANDREWS PARK - $192,196.17 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 furnish 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. Brown -McKee Inc.'s bid dated June 8, 2005 is - incorporated into and made a part of this 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 WHERRYOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and dal first above written. CITY OF J UBBOCyTEXAS (OWNER): By. City APPROVED AS TO FORM: Attorney CONTRACTOR: By: PRINTED NAME:. f11— TITLE: J/ 10! �6 COMPLETE ADDRESS: Brown -McKee, Inc. 906 E. Slaton Road Lubbock, Texas 79452 ATTEST: Corporate cr t ry GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, 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 Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit BROWN-MCKEE INC. who has agreed to perform the work embraced in this contract, or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative MARSHA REED SENIOR CIVIL ENGINEER, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. 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 Certificates, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 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. • li �Z��11�:7:����17 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. 7. 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 the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES 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. -_1 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor 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 or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are 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 its 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 Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. 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 the contract documents, and 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 decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 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 j 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 fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 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 its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that 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 shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself 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, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to 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 work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS ` The Contractor agrees to employ only orderly and competent workers, 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 Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, unacceptable p , or otherwise table to Owner or Owner's Representative, 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 consent or 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 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 such work is in preparation or progress. Contractor shall ascertain the scope of any observation that 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 such 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 Representative has previously accepted the work through oversight or otherwise. If any such 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 such 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 borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and 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 the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly 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 Owner's Representative as unsuitable or not in conformity with plans, specifications and/or 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 the contract documents. 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 shall recompense the Contractor for any material or labor so used, and for 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 Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor 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 lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), 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 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 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted 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 Contractor for its 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 Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, 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)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the _s specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that 6 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. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a Clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar 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. 4' 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 its force or equipment, or both, to such an extent as to give vreasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY j 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, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its 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 its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S 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 o 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) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its 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 contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, 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. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL } PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. A. General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Fire Damage (Any one Fire) Products & Completed Operations Hazard Personal Injury Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, $0 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance (Primary Additional Insured and Waiver of Subrogation Required) 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 non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as a primary 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/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. �a R E. Umbrella Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The Contractor shall have Umbrella Liability Insurance in the amount of $0 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) 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. 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 Section 0406.096, Texas Labor Code) - 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 for the duration of the on the project, 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 3 4 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 payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 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 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 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 of the 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 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 coverage 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: 11 No Text (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 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 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 failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text 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 providing, hauling, or delivering equipment or 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. " "Call the Texas Workers' Compensation Commission at 8001372-7713 or 512/804- 4000 (http-//www twcc.state.tx.us/twcccontacts.html) to receive information of the legal requirements 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: G) 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 following language: `By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this --, contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that 12 the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (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 proj ect; (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 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 (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (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 MATERIALMEN AND FURNISHERS OF MACHINERY EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter 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. 13 E. Umbrella Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The Contractor shall have Umbrella Liability Insurance in the amount of $0 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) 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 Section 0406.096, Texas Labor Code) - 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. a 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 S- E 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 9 (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 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. f. 8. 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 they are required to be covered, and stating how a person may verify coverage ( and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services .3 on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (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; La (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 3 paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. �< 10 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. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees 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, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 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 affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor 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. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its 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 its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL 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 documents, 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 as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the 14 Owner may withhold permanently from Contractor's total compensation, the sum of $200 (TWO HUNDRED) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range 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 the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount. agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. 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 its 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 its 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. TDAE OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the 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. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in 15 securing material or workmen, or any other cause or occurrence. 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 sole 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, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are L 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. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, 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 ADJODTING 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 Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 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 proposal 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 Contractor 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 F 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 M Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall 4 determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, 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. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's 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 the contract documents. 3 Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding _. the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT ;. The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion 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 contract documents and/or any warranty or warranties implied by law or otherwise. 3 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. 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 '' 17 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. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor 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 certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. k. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor -3" shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days 1 after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , 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. 18 In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing 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 its 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 cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. 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. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 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, if applicable, 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 30 days after the date of certification 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, if applicable, 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, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, 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, if applicable, 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, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar 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, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. L-- 19 The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds 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. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS J 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. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the t work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its 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 Contractor's 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. 54. 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 Contractor shall remove all such debris and also its tools, scaffolding, and surplus 1-1 20 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. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in -_ any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 21 CURRENT WAGE DETERMINATIONS RE: RESOLUTION NO. 2002-RO483, NOVEMBER 14,2002 Craft L J Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher F, Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Fire Sprinkler Fitter -Journey Fire Sprinkler Fitter -Apprentice Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker L Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified ID So 11 1.13 City of Lubbock Building Construction Trades Prevailing Rates Hourly Rate 11.50 12.00 7.50 9.00 12.50 12.50 7.00 11.00 7.00 9.00 11.00 15.00 8.00 10.00 9.00 18.00 10.00 9.50 10.50 10.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 1 10.14,1111.13 Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman. 9.00 Asphalt Shoveler 7.50 Concrete Finisher 9.00 Concrete Finisher -Helper 7.50 Electrical Repairer -Equipment 12.50 Flagger 6.50 Form Setter 8.00 Form Setter -Helper 6.50 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 9.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 9.00 Bulldozer 9.00 Concrete Paving Machine 9.00 Front End Loader 9.00 Heavy Equipment Operator 9.00 Light Equipment Operator 8.00 Motor Grader Operator 10.25 Roller 7.00 Scraper 7.50 Tractor -Trailer 8.50 Truck Driver -Heavy 8.00 Truck Driver -Light 7.00 Ll 2 No Text EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. 3 SPECIFICATIONS VI FR ANDREWS PARR. AND CLAPP PARK DRAINAGE IMPROVEMENTS I'J Project # 293-90344 ITB # -fly-047-BM CITY OF LUBBOCK STORM WATER MANAGEMENT �4 STANDARD SPECIFICATIONS 0 F y � L • f..9.9, a L.. � T ' -9 t9999.f Pt a49.., a. �91tPa a9♦ 9.P. 1 HA REED f....,.738992,..... A Vl� 510s LUBBOCKCITY OF i STANDARD SPECIEPICATIONS TABLE . PECTION PAGE h1 TUYLIER- 1.1 GENERAI. 4 1.2 Specifications 4 1.3 Warranty and Acceptance 4 1.4 Testing and Inspection 5 1.5 Cleanup and Site Restoration 5 1.6 Notification of Property Owners 5 1.7 Protection of Utilities and Irrigation Systems 5 1.8 Water for Construction 6 2.1 CONCRETE 6 2.2 Classification 7 2.3 Mix Design 7 2.4 Strength Requirements 8 2.5 Cement 8 2.6 Aggregate 9 2.7 Flowable Fill 9 2.8 Water 10 2.9 Admixtures 10 2.10 Reinforcing Materials 10 2.11 Joint Sealing Materials 11 2.12 Curing Compounds 11 2.13 Forms for Concrete 12 2.14 Placing and Finishing Concrete 12 3.1 STORM SEWER 13 3.2 Reinforced Concrete Pipe 13 3.3 Mortar 13 3.4 Construction Methods 13 3.5 Excavation 14 3.6 Pipe Installation 15 3.7 Backfilling 16 3.8 Trench Protection 17 9 4.1 FENCES 17 5.1 LAWNS AND GRASSES 18 5.2 Quality Assurance 18 5.3 Delivery, Storage Handling 18 5.4 Scheduling 18 5.5 Park Maintenance 18 5.6 Turfgrass Sod 19 5.7 Topsoil 19 5.8 Planting Accessories 19 5.9 Fertilizer 19 5.10 Examination 19 5.11 Preparation 19 5.12 Park Preparation 20 5.13 Sodding of Parks 20 5.14 Renovation of Parks 21 5.15 Satisfactory Parks 21 5.16 Cleanup and Protection 21 6.1 PROSECUTION OF THE WORK AND WORKING DAYS 22 6.2 Working Days Definition 22 6.3 Work Between November 1 and January 2 23 7.1 MEASUREMENT AND PAYMENT 23 7.2 Mobilization 23 7.3 Demolition of Flatwork 24 7.4 New Concrete Flatwork 24 7.5 Energy Dissipater 24 7.6 Headwall 24 7.7 Reinforced Concrete Pipe 24 7.8 Reestablish Vegetation 25 7.9 Tree Removal 25 7.10 Storm Water Pollution Prevention Plan 25 3 No Text CITY OF LUBBOCK 1.1 GENERAL The construction and materials for any City of Lubbock Storm Water project shall conform to the following specifications and associated plan sheets. Any construction or materials failing to meet the requirements of these specifications or the plan sheets shall be removed and replaced at the Contractor's expense. No consideration will be given to requests for reduced payments, except as specified, or extended warranties for construction or materials not in conformance with these specifications or the plan sheets. The Engineer may require certificates from manufacturers certifying that materials or equipment to be incorporated into the work meet these specifications. Material Safety Data Sheets (MSDS) shall be required on all materials. All materials or equipment shall be subject to approval by the Engineer before being incorporated into any project. After approval, the source and/or character of materials shall not be changed without written authorization by the Engineer The term Engineer used in these specifications may refer to the City of Lubbock City Engineer or an individual designated by the City Engineer to administer these specifications and associated plans. 1.2 SPECIFICATIONS Any references to these specifications, ASTM, AASHTO, TxDOT, or other designated tests, procedures, quality standards, or requirements which are included in these specifications or any associated plans shall be the latest edition and revision thereof. When information indicated on plan sheets is different from these specifications, the information on the plans shall govern. 1.3 WARRANTY AND ACCEPTANCE All equipment, materials, and construction incorporated into any project covered by these specifications shall be guaranteed against defective material and workmanship. Prior to 4 final acceptance, the contractor shall furnish to the Engineer, a written 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 or from such defects when such defects appear within one year from the date of acceptance of the work. The determination of the necessity during the warranty period for the contractor to repair or replace the work in whole or in part shall rest with the Engineer. 1.4 TESTING AND INSPECTION All work shall be inspected and/or tested by a representative designated by the Engineer, who shall have the authority to halt construction when, in his opinion, construction is being performed contrary to these specifications or associated plans. Whenever any portion of these specifications or associated plans is violated, the Engineer may order that portion of construction that is in violation to cease until such violation is corrected. Contractor shall cooperate with the Engineer in providing for sampling and testing procedures. In the event City tests indicate out of specification materials, additional tests may be provided by the contractor at his expense. Conflicting tests provided by the contractor will not automatically be considered as compliance with specifications, but will be considered only as additional information to be used by the Engineer to determine the acceptance status of the material or construction in question. 1.5 CLEANUP AND SITE RESTORATION After any construction covered by these specifications is completed, the Contractor shall remove all equipment, surplus materials, and rubbish from the site. The contractor shall restore all disturbed areas to their original condition satisfactory %ry to the Engineer. 1.6 NOTIFICATION OF PROPERTY OWNERS The contractor shall be responsible for maintaining positive communication with adjacent property owners. The contractor shall notify all affected property owners with respect to pending construction, restricted access, and driveway locations. 1.7 PROTECTION OF UTILITIES AND IRRIGATION SYSTEMS Contractor must notify Dig -Tess Excavation Safety at 800-344-8377 and the Parks Department at 775-2687 prior to any construction. It is the contractor's responsibility to familiarize himself with all utilities and locations. The contractor shall comply with all laws, ordinances, and regulations with respect to utility notification and protection, including Underground Facility Damage Prevention Notification Centers. On all projects the contractor shall exercise care not to damage any sanitary sewer pipe, manholes, storm sewers, water lines, valves and boxes, communication cables, power cables, gas lines, irrigation lines, nor any other pipe or utility. The contractor will be responsible during the construction period for damages to any utilities. Irrigation systems affected by construction shall be properly repaired with materials equaling the existing system. The repairs shall be pressure tested to the satisfaction of the Engineer prior to being covered. Repairs must be made immediately. 1.8WATER FOR CONSTRUCTION The City will not furnish water at no charge for construction. To use City water for construction the contractor shall acquire a water meter for use on a City fire hydrant, and will be charged the applicable rate for the quantity of water used. The contractor shall contact Lubbock Power and Light Customer Service Department (775-2509) and establish a utility account. The contractor must pay the current deposit for a fire hydrant meter. After the account is established and the deposit is paid, the contractor may pick up a meter from the City Water Department at 600 Municipal Drive. Fire hydrants shall be operated only by use an approved fire hydrant wrench. No pipe wrenches, or other unapproved devices, shall be used to open and close a fire hydrant. For top loading trucks or containers the contractor shall provide a back flow prevention assembly on the discharge side of the meter. The backflow prevention assembly shall be in the form of two spring loaded ball check valves. When filling the truck or container there shall be an air gap of at least two times the opening diameter of the truck or container. For bottom loading trucks the contractor shall provide a Reduced Pressure Zone (RPZ) type backflow prevention assembly. All Reduced Pressure Zone type back flow prevention assemblies must be tested, and the test results approved by the City prior to use. The test results shall be sent to the City of Lubbock Water Utilities Department, Meter and Customer Service Supervisor for approval. In accordance with City of Lubbock Ordinance No. 10208 "Pertaining to Backflow Prevention", the City representatives are authorized to suspend water use from a fire hydrant by a contractor until the proper and correct backflow prevention devices are installed. 2.1 CONCRETE These specifications shall govern Portland cement concrete used for curb and gutter, valley gutters, alley paving, sidewalks, street paving, drainage channels. The concrete shall be produced at a Ready -Mix Concrete Batch Plant conforming to ASTM C 94. The concrete shall be transported to the project location in approved Revolving Drum Agitator Trucks, and shall be placed within one hour of mixing time. The concrete shall be continuously mixed during transit. No patching of any nature shall be allowed in repairing any damage to concrete improvements. Where damage occurs, the section shall be removed to the nearest joints and shall be replaced with new construction. Small cracks with no evidence of displacement may be repaired with epoxy, only where approved by the Engineer. All concrete shall have 5%, plus or minus 1-1/2%, air entrainment in conformance with ASTM C 260. All concrete street pavement shall include proper jointing as determined by the Engineer and a minimum reinforcement of number 4 bars on 18" centers both ways, or as indicated on plans. 2.2 CLASSIFICATION The following City of Lubbock classes of concrete shall be used: Class A Curb and gutter, sidewalks, curb ramps, drainage channels, medians, inlet boxes, headwalls, junction boxes, driveways, and retaining walls. Class B Valley gutters and fillets, alley returns, and alley paving. Class C Concrete street pavement. Class D Utility encasements Class E Fast setting concrete pavement such as "Fast Track" Concrete Pavement or, other special design. Twenty to thirty days prior to beginning any concrete construction the contractor shall submit the following to the Engineer for approval: 1. Test certificates from an approved commercial testing laboratory on all proposed aggregate. Certificates shall indicate material source, gradation, and loss from 5 cycle Magnesium Sulfate or Sodium Sulfate test (not to exceed 18%) 2. A mix design based on water -cement ratio. Entraining to Portland Cement" and ASTM C 226 "Standard Specification for Air - Entraining Portland Cement". 2.6 AGGREGATE Concrete aggregate shall consist of natural, washed and screened sand, and washed and screened gravel or clean crashed stone conforming to ASTM C 33. The aggregates shall be well graded from coarse to fine with a maximum size of 1-1/2 inches, and shall conform to ASTM C 136. All aggregate shall be free of injurious amounts of clay, soft or flaky materials, loam, or organic impurities. Coarse aggregate for Class C or E concrete shall be crashed limestone ( Brownwood type or equivalent). Fine aggregate shall be graded from fine to coarse and shall conform to ASTM C 136. The gradation for aggregate shall meet the following requirements by weight: FINE AGGREGATE COARSE AGGREGATE Sieve Percent Retained Sieve Percent Retained 3/8 inch 0 1-3/4 inch 0 No. 4 0-5 1-1/2 inch 0-5 No.16 20-55 3/4inch 30-65 No. 30 45-75 3/8 inch 70-90 No. 50 70-90 No. 4 95-100 No. 100 98-100 Maximum amounts of organic impurities shall conform to ASTM C 40 and ASTM C 87. Maximum amounts of impurities finer than the #200 sieve shall conform to ASTM C 117. Maximum amounts of soft particles shall conform to ASTM C 123. Maximum amounts of friable particles shall conform to ASTM C 142. Stockpiles shall be protected from dusty conditions by drift fences or other methods approved by the Engineer. Stockpiling methods used shall not allow aggregate to roll down the slope as it is added to existing stockpiles. Stockpiles shall be built in layers of uniform thickness. Equipment shall not be permitted to operate over the same lift repeatedly. t Flowable fill shall consist of a concrete mixture of pea gravel and sand with a cement content of 2 sacks per cubic yard. Flowable fill shall be used for backfill in all utility ditches within the right of way, and other areas as specified. Utility ditches in existing The concrete shall be transported to the project location in approved Revolving Drum Agitator Trucks, and shall be placed within one hour of mixing time. The concrete shall be continuously mixed during transit. No patching of any nature shall be allowed in repairing any damage to concrete improvements. Where damage occurs, the section shall be removed to the nearest joints and shall be replaced with new construction. Small cracks with no evidence of displacement may be repaired with epoxy, only where approved by the Engineer. All concrete shall have 5%, plus or minus 1-1/2%, air entrainment in conformance with ASTM C 260. All concrete street pavement shall include proper jointing as determined by the Engineer and a minimum reinforcement of number 4 bars on 18" centers both ways, or as indicated on plans. 2.2 CLASSIFICATION The following City of Lubbock classes of concrete shall be used: Class A Curb and gutter, sidewalks, curb ramps, drainage channels, medians, inlet boxes, headwalls, junction boxes, driveways, and retaining walls. Class B Valley gutters and fillets, alley returns, and alley paving. Class C Concrete street pavement. Class D Utility encasements Class E Fast setting concrete pavement such as "Fast Track" Concrete Pavement or, other special design. 2.3 MIX DESIGN Twenty to thirty days prior to beginning any concrete construction the contractor shall submit the following to the Engineer for approval: 1. Test certificates from an approved commercial testing laboratory on all proposed aggregate. Certificates shall indicate material source, gradation, and loss from 5 cycle Magnesium Sulfate or Sodium Sulfate test (not to exceed 18%) 2. A mix design based on water -cement ratio. 3. Results of compression tests in conformance with ASTM C 39 and/or flexural tests in conformance with ASTM C 78, made by an approved commercial testing laboratory. Tests shall be made on 6 cylinders and/or 6 beams at curing times appropriate to the class of concrete. The City Engineer will approve or reject the mix design and materials based on these submittals. This approval shall be subject to additional testing during construction. Mix designs for various classes of concrete shall conform to the following: Minimum Sacks Maximum Gal Maximum Slump Class Cement per CY Water per Sack Inches A 5.0 6.5 5 B 5.5 5.5 5 C 6.0 6.0 3 D 4.5 6.5 5 E 7.0 5.0 As specified by concrete batch plant 2.4 STRENGTH REQUIREMENTS The various classes of concrete shall conform to the following strengths in psi as determined by the average of two test cylinders or beams. If cores are subsequently used to prove compressive strength where test cylinders indicate failures, the required compressive strength shall be increased by 10%. COMPRESSIVE FLEXURAL Class 3 Day 7 Day 28 Day A - 2100 3000 - B 2500 3000 - - C - 2500 3600 600(28 day) D - - 2500 - E Unless otherwise specified 500 (16 hr) 2.5 CEMENT Cement shall be Type I, Type II, or Type III cements conforming to ASTM C 150 "Standard Specification for Portland Cement". Air entrained cement shall be Type IA, Type HA, or Type IIIA conforming to ASTM C 175 "Specification for Adding Air 8 paved streets shall be backfilled with flowable fill from the bottom of the ditch to the paving surface. 2.8 WATER Water shall be clean, clear, free from oil, acid or organic matter and free from injurious amounts of alkali, salts, or other chemicals and shall conform to AASHTO T26. Admixtures may be applied to the concrete mix design when approved by the Engineer to achieve any desired special properties. Chemical admixtures shall conform to ASTM C 494. Chemical admixtures shall not be used as a substitute for Cement. Mineral admixtures such as Fly Ash and Natural Pozzolans in conformance with ASTM C 618 may not be used with Types I, II, and III Portland Cement unless specifically approved by the Engineer. If approved only Class C or Class F fly ash may be used. When fly ash is permitted to be used, "cement" in relation to mix design shall be defined as "cement plus fly ash". Fly ash may constitute no more than 15% by absolute volume of the cement as approved by the Engineer. 2.10 REINFORCING MATERIALS GENERAL - All concrete, except for curb and gutter, shall incorporate wire mesh or fiber reinforcement, and/or other reinforcement as indicated on plan sheets. Metal reinforcement shall be grade 40 (40KSI) unless indicated otherwise on plan sheets. All steel reinforcing materials shall be securely held in proper position with devices appropriate to the type of reinforcement used, subject to approval by the Engineer. STEEL - Wire mesh shall conform to ASTM A 185, and shall be 6"x 6"-10 gauge welded wire fabric, or size as indicated on plan sheets. Reinforcing bars shall be open- hearth basic oxygen or electric furnace new billet steel manufactured in accordance with ASTM A 615 and ASTM A 305. Steel reinforcing materials stored at any location shall be protected from accumulations of grease, mud or other foreign matter, and rust producing materials. When incorporated into construction, steel reinforcement shall be free from rust, scale, oil, mud, and structural defects. Dowels for slip joints shall be smooth plain round bars free from burrs, rough surfaces, and deformations. Sleeves or wrapping shall be as indicated on plan sheets. Chairs shall be used to support the reinforcing steel in the correct position while concrete is being placed. Chairs shall be made of plastic (preferred) or steel, and shall be of adequate size to positively hold the reinforcing materials in position. 10 FIBER - Fiber reinforcement may be used in place of wire mesh only if approved by the City Engineer. Fiber reinforcement shall be either 100% virgin polypropylene, collated, fibrillated fibers specifically manufactured for use as concrete reinforcement, containing no reprocessed olefin materials, or steel fibers equivalent to Novocon Xorex. The quantity of fiber reinforcement used shall be 1.5 pounds per cubic yard, or as recommended by the fiber manufacturer. The minimum physical characteristics on the fiber shall be as follows: Specific Gravity 0.91 Tensile Strength 70,000 psi to 110,000 psi Length 3/4" 2.11 JOINT SEALING MATERIALS Bituminous premolded expansion joint material shall conform to ASTM D 1751, and shall be placed as indicated on plan sheets or elsewhere in these specifications. Elastomeric sealant for contraction joints shall be, or shall be equivalent to, W.R. Meadows "SOF-SEAL" or "GARDOX" as required by plan sheets. Hot poured sealant for joints between Portland cement concrete and Bituminous concrete shall conform to ASTM D 3405. Hot poured joint sealant for all other joints in Portland cement concrete pavement, shall conform to ASTM D 3406. Cold poured joint sealant shall conform to ASTM C 920. Elastomeric joint sealant shall be mixed and applied in accordance with the manufacturer's recommendations. Prior to application, joints shall be cleaned by sandblasting and otherwise prepared so that the sealant adheres to the surfaces to form an effective seal against moisture and solid particles. The sealant shall be a soft, highly flexible, rubber like material after curing which shall not track, flow, crack, or break when exposed to hot and cold temperature extremes typical of local conditions. Backer rod used with elastomeric sealant shall be 25% greater in diameter than the joint width. It shall be made of polyethylene foam or other material as recommended by the sealant manufacturer. Compression of the backer rod material shall be approximately 25% shrinkage at 8 psi applied stress. The material shall not melt, shrink, evaporate, or absorb water, and shall be compatible with the application of the sealant to be used. 2.12 CURING COMPOUNDS All fresh concrete surfaces shall be completely covered with a liquid membrane forming curing compound and the application shall conform to ASTM C 309 and TxDOT Item "Membrane Curing" No other methods of moisture retention on fresh concrete shall be used unless specifically approved by the Engineer. 2.13 FORMS FOR CONCRETE Forms for concrete construction shall be set to the lines and grades established by the Engineer after subgrade has been prepared. The forms shall be held together and in place in such a manner that they will not move during the placing and working of the concrete. The forms shall be cleaned and oiled prior to placing concrete. Face forms and construction joints (removable metal plates) shall be set to hold the concrete in place until it is to be finished. Forms that are warped or damaged in any manner so as to make them unacceptable to the Engineer shall not be used. Forms for radii shall be set in the same manner as straight forms, and shall be set to produce curves true to the plans. Face forms will not be required for curb and gutter on radii if a true section can be obtained by other methods acceptable to the Engineer. 2.14 PLACING AND FINISHING CONCRETE Concrete shall be placed as close to its proper location as practical. Sufficient concrete shall be placed to allow for shrinkage and extra material for finishing. The concrete shall be floated and troweled to the approximate section. No water shall be added during placement or finishing of any concrete, unless specifically authorized by the Engineer. For curb and gutter removal of face forms and finishing shall be started after a partial set occurs. For all concrete construction approved forms, templates, and tools shall be used to form the cross -sections indicated on plan or detail sheets. Concrete shall not be placed when the ambient temperature is below 40 degrees F as determined by the National Weather Service continuous broadcast. Concrete shall not be placed on frozen subgrade. The contractor shall have available sufficient covering material, approved by the Engineer, to immediately protect concrete placed less than 6 hours should the air temperature fall below 33 degrees F. This protection shall remain in place as long as the temperature continues below 32 degrees, to a maximum of 5 days. No salt or other chemical admixtures shall be added to the concrete to prevent freezing. All concrete placed for pavement shall be consolidated by use of mechanical vibrators approved by the Engineer and designed to vibrate the concrete internally. Vibrators shall be operated in a manner not to interfere with joints, and shall not come in contact with forms. The surface of concrete street paving shall incorporate a heavy broom finish, or tined finish if indicated on plans. All other concrete surfaces shall be completed with a light broom finish. 12 The Contractor shall provide hand tampers and pneumatic tampers to obtain the required compaction of the pipe bed, the manhole bed and the backfill, as specified. The Contractor shall do all excavation to the depth shown on the plans. Where rock, or soil containing rocks or gravel, hard pan or other unyielding foundation material is encountered in trench excavation, the pipe shall be bedded in accordance with the requirements of one of the classes of bedding, and the hard unyielding material shall be excavated below the elevation of the bottom of the pipe or pipe bell to a depth of at least 8 inches or 1/2 inch for each foot of fill over the top of the pipe, whichever is greater, but not more than three -fourths the nominal diameter of the pipe. The cushion shall consist of a fine compressive material, such as silty clay or loam, lightly compacted, and shaped as required for the specified class of bedding. The cost of furnishing and placing the cushion material shall be included in the bid price per linear foot of pipe in place. The bottom of the trench shall be excavated to a horizontal section as far as practicable. Excavated material not required or acceptable for backfill shall be disposed of by the Contractor as directed by the Engineer. Excavation shall not be carried below the required depth; but when it is, the trench shall be backfilled at the Contractor's expense with material approved by the Engineer and compacted to the density of the surrounding earth material as determined by AASHTO T-180. When directed, unstable soil shall be removed for the full width of the trench and replaced with sand or with approved granular material. The Engineer shall determine the depth of removal of unstable soil and the amount of backfill necessary. The backfill shall be compacted and shaped to a firm but slightly yielding condition to form the bed for the pipe. Grades for pipe shall be as shown on the drawings. No changes in grade will be made unless so directed by the Engineer. The minimum width of the trench at the top of the pipe, when placed, shall be a width which will permit the proper construction of joints and compaction of backfill around the pipe. The sides of the trench shall be vertical, unless otherwise approved by the Engineer. The maximum allowable width of the trench shall not exceed the widths shown below unless otherwise approved by the Engineer. NOMINAL PIPE NDNEV[UM TRENCH MAYIMUTM TRENCH SIZE WIDTH AT SPRINGLIKE WIDTH AT TOP OF PIPE Less than 18" Pipe O.D. + 12" Pipe O.D. + 18" 18" thru 36" Pipe O.D. + 18" Pipe O.D. + 24" 37" thru 60" Pipe Q.D. + 24" Pipe O.D. + 30" The width of the trench above the top of the pipe may be as wide as necessary for shoring, bracing or proper installation of the pipe. Excavation in paved areas shall be confined to a minimum practical width. The bed for pipe shall be so shaped that at least 14 the lower quarter of the pipe circumference shall be in continuous contact with the bottom of the trench. The excavation for manholes shall be essentially the same as that for the piping. The sides of the excavation shall be vertical unless otherwise approved by the Engineer. The Contractor shall do such trench bracing, sheathing or shoring necessary to perform and protect the excavation as required for safety and conformance to applicable laws and regulations. The bracing, sheathing, or shoring shall not be removed in one operation but shall be done in successive stages to prevent overloading of the pipe during backfilling operations. The cost of the bracing, sheathing, or shoring and the removal of same, shall be included in the unit price bid per foot for the pipe. Surface water shall be prevented from entering the excavation. Heavy equipment, except for excavating equipment, shall not be operated within 20 feet of the edge of the excavation. Excavated materials shall be stockpiled no closer than 3 feet from the edge of the excavation. 3.6 PIPE INSTALLATION The Contractor shall provide the appropriate tools and methods to insure installation of the pipe to line and grade, as shown on the drawings. The Contractor's facilities for lowering precast pipe into the trench shall be such that neither the pipe nor the trench will be damaged or disturbed. The Engineer shall inspect all precast pipe before it is placed. Any section that is damaged by handling or is defective to a degree which in the opinion of the Engineer will materially affect the function and service of the pipe shall be rejected and removed from the job site. Installing the precast pipe in the finished trench shall be started at the lowest point and is laid upgrade, unless approved by the Engineer. For tongue and groove precast pipe, the grooved end shall be laid upgrade. The pipe shall be firmly and accurately installed to line and grade so that the invert will be smooth and uniform. The pipe shall be protected from water during placing and until the concrete, in cast -in -place pipe, or the mortar, in the joints of precast or cast in place pipe, has thoroughly set. The contractor shall provide temporary diversions as necessary to prevent surface water flow into the excavation. Pipe shall not be laid or installed on frozen ground. Pipe which is not true in alignment, or which shows any change in grade after laying or installing, shall be taken up and re-laid or re -installed without extra compensation. Mortar shall be used for caulking and filling between the pipe and the drainage structures. Mortar that is not used within 45 minutes after water has been added shall be I No other methods of moisture retention on fresh concrete shall be used unless specifically approved by the Engineer. 2.13 FORMS FOR CONCRETE Forms for concrete construction shall be set to the lines and grades established by the Engineer after subgrade has been prepared. The forms shall be held together and in place in such a manner that they will not move during the placing and working of the concrete. The forms shall be cleaned and oiled prior to placing concrete. Face forms and construction joints (removable metal plates) shall be set to hold the concrete in place until it is to be finished. Forms that are warped or damaged in any manner so as to make them unacceptable to the Engineer shall not be used. Forms for radii shall be set in the same manner as straight forms, and shall be set to produce curves true to the plans. Face forms will not be required for curb and gutter on radii if a true section can be obtained by other methods acceptable to the Engineer. 2.14 PLACING AND FINISHING CONCRETE Concrete shall be placed as close to its proper location as practical. Sufficient concrete shall be placed to allow for shrinkage and extra material for finishing. The concrete shall be floated and troweled to the approximate section. No water shall be added during placement or finishing of any concrete, unless specifically authorized by the Engineer. For curb and gutter removal of face forms and finishing shall be started after a partial set occurs. For all concrete construction approved forms, templates, and tools shall be used to form the cross -sections indicated on plan or detail sheets. Concrete shall not be placed when the ambient temperature is below 40 degrees F as determined by the National Weather Service continuous broadcast. Concrete shall not be placed on frozen subgrade. The contractor shall have available sufficient covering material, approved by the Engineer, to immediately protect concrete placed less than 6 hours should the air temperature fall below 33 degrees F. This protection shall remain in place as long as the temperature continues below 32 degrees, to a maximum of 5 days. No salt or other chemical admixtures shall be added to the concrete to prevent freezing. All concrete placed for pavement shall be consolidated by use of mechanical vibrators approved by the Engineer and designed to vibrate the concrete internally. Vibrators shall be operated in a manner not to interfere with joints, and shall not come in contact with forms. The surface of concrete street paving shall incorporate a heavy broom finish, or tined finish if indicated on plans. All other concrete surfaces shall be completed with a light broom finish. 12 Finished concrete surfaces shall not have irregularities in excess of 1/8 inch when tested with a 10 foot straightedge. Prior to acceptance, the contractor shall apply sufficient water to all concrete and paving to determine locations of ponding. Ponded areas shall be removed and replaced. Any concrete construction damaged by equipment, tools, vandals, 5 or other influences shall be replaced at the contractor's expense. 3.1 STORM SEWER Storm sewer shall include installation of pipe, manholes, inlet structures and outlet structures. Contractor shall use only materials, tools, methods, and equipment considered standard by the pipeline construction industry, and approved by the Engineer. Grade and horizontal alignment shall be maintained using a laser or batter boards. 3.2 REINFORCED CONCRETE PIPE Storm sewer shall be constructed using reinforced concrete pipe, either precast or cast in place. The pipe shall conform to the requirements of AASHTO M-170 or ASTM C-76. Pipe shall be Class III unless otherwise noted on plan sheets. Contractor will be required to submit complete product data for the pipe, fittings and gasket for approval. 3.3 MORTAR Mortar shall be used for caulking and filling between pipe and drainage structures. Mortar shall be composed of 1 part, by volume, of Portland cement and 2 parts of mortar sand. The Portland cement shall conform to the requirements of ASTM C-150, Type I. The sand shall conform to the requirements of ASTM C-144. Hydrated lime may be added to the mixture of sand and cement in an amount equal to 15% of the weight of cement used. The hydrated lime shall meet the requirements of ASTM C-6. Mortar which has not been used after 45 minutes of having water added shall be discarded. Mortar may not be retempered by having water added. i s) All equipment necessary and required for the proper construction of storm sewers, manholes and culverts shall be on the project, in first-class working condition, and approved by the Engineer before construction is permitted to start. If precast concrete pipe or manhole sections are used, the Contractor shall provide appropriate hoisting equipment to handle the pipe or sections while unloading and placing it in its final position without damage to the pipe. 13 i discarded. Retempering of mortar shall not be permitted. Pipe joints for precast concrete pipe shall be of the tongue and groove type. The joints shall be of a watertight joint. Each joint shall be sealed with a preformed bituminous gasket as specified. The gasket shall be installed as recommended by the pipe manufacturer. Field poured concrete bases shall be at least 12 inches thick and not less than 1 (one) foot greater diameter than the outside diameter of the manhole riser section. Concrete shall be Class A at a minimum 3000 psi 28 day compressive strength. Concrete placement shall conform to ACI and good construction practices. Concrete shall be consolidated and struck -off to a horizontal surface within the forms or pouring rings. Field poured concrete bases shall be reinforced as detailed on the Plans or as shown in the Standard Details. The manhole shall be constructed to ASTM C-891 standards. Precast reinforced concrete bases shall be of the size and shape detailed on the Plans or as shown in the Standard Details. 3.7 BACKFILLING All trenches and excavations shall be backfilled as the pipes and manholes are installed, unless otherwise directed by the Engineer. Outside of street right of way the backfill material shall be selected granular material from excavation or borrow; material which is placed at the sides of the pipe and manhole and 1 foot over the top shall be material which can be readily compacted. It shall not contain stones retained on a 2-inch sieve, frozen lumps, chunks of highly plastic clay, or any other material which is objectionable to the Engineer. The Material shall be moistened or dried, if necessary, to be compacted by the method in use. Backfill material shall be approved by the Engineer. The backfill shall be placed in loose layers not to exceed 6 inches in depth along each side of the pipe and manhole. Special care shall be taken to secure thorough compaction under the haunches and at the sides of the pipe and manhole. This backfill shall be brought up evenly on each side of the structure to an elevation of 1 foot over the top of the pipe, or such greater elevation as directed by the Engineer. Backfilling shall be done in a manner to avoid injurious top or side pressures on the pipe and manhole. Backfill shall be compacted to 95% (min.) Standard Proctor Density. Unless otherwise directed by the Engineer or plans, excavation within street right of way shall be backfilled with flowable fill material (2-sacks of cement per cubic yard concrete mix) to 1-1/2 inches below the asphalt surface. The pipe shall be restrained so that during the pour the pipe shall not be displaced. Movement of construction machinery over a culvert, pipeline, or manhole shall be at the Contractor's risk. Any damaged construction shall be removed and replaced at the expense of the Contractor. 16 3.8 TRENCH PROTECTION Trench excavations not exceeding five feet in depth shall be protected in accordance with applicable OSHA, state, and local requirements. Trench excavations greater than five feet in depth shall be protected in accordance with the following specifications. All work performed under this section shall also comply with OSHA Part 1926, Subpart P and all State and Local codes. The Contractor shall be responsible for complying with all trench safety requirements, the requirements of the specifications, drawings and all applicable codes. Trench protection shall be performed by forces having at least two years experience with similar types of trench safety systems. The manufacturer of prefabricated items used in trench safety systems shall have at least two years of experience in fabricating the items. The contractor shall provide detailed drawings for proposed trench safety systems. The drawings shall identify where each system is proposed for use and type of system to be used. Trench excavations shall not be started until trench safety systems have been submitted and approved by the Engineer. If trench boxes are to be used, the contractor shall submit manufacturer's standard data sheet and certificate of compliance stating the maximum allowable depth for the given design pressure for each type of trench box proposed for use. If alternative systems composed of steel, aluminum, wood or a combination of materials are proposed, the contractor shall submit design data demonstrating the ability of the proposed materials to provide the necessary trench protection. Materials used for trench safety shall be capable of withstanding imposed loads without excessive deflections. Materials shall be clean, free of rust, holes, knots and other defects, and shall conform to the following: Steel — Steel shall be of type and thickness as required and shall have a minimum yield stress of 36 ksi. Aluminum — Type 6061 J6, thickness as required. Wood in Contact with Earth — Pressure treated woods. Wood not in Contact with Earth — Soft or hardwood as required. 4.1 FENCES Unless otherwise indicated on plans, existing fences which must be adjusted or relocated 17 shall be reconstructed using the same or equivalent materials, height, and construction in the proper location. The contractor shall remove existing fence and either store for reuse or legally dispose of the fence materials, whichever is appropriate. New fence construction shall be in accordance with specifications and details included on plan sheets. 5.1 LAWNS AND GRASSES All park areas disturbed during construction shall be sodded using approved methods and materials. 5.2 QUALITY ASSURANCE The Contractor is required to have a qualified landscape installer whose work has resulted in successful park and range grass establishment. While planting is in progress the contractor is required to maintain an experienced full time supervisor at the project site. 5.3 DELIVERY, STORAGE AND HANDLING Harvest, deliver, store and handle sod according to requirements in TPI's "Specifications for Turfgrass Sod Materials" and "Specifications for Turfgrass Sod Transplanting and Installation" in its "Guideline Specifications to Turfgrass Sodding." 5.4 SCHEDULING Sodding may occur between March and September. Coordinate planting periods with maintenance periods to provide required maintenance from date of Substantial Completion. Proceed with planting only when existing and forecasted weather conditions permit. 5.5 PARK NE MENANCE Begin maintenance immediately after each area is planted and continue until an acceptable stand of grass is established, but not less than 30 days from the date of Substantial Completion. Maintain grass by watering, fertilizing, weeding, mowing, trimming, replanting and other operations. Roll, regrade and plant bare or eroded areas and remulch to produce a uniformly smooth surface. Provide and maintain temporary piping, hoses and lawn -watering equipment to convey water from sources and to keep area uniformly moist to a depth of 4 inches. Schedule 18 watering to prevent wilting, puddling and erosion. Lay out watering system to avoid walking over newly planted areas. New sod is to be watered at a rate of 1 inch per week. Mow grass as soon as top growth is tall enough to cut. Maintain a grass height of 1 %2" to 2" tall. Do not mow grass when wet. Schedule mowing to remove no more than 40% of grass height. Apply fertlizer after initial mowing when grass is dry. Use fertilizer that will provide actual nitrogen of at least 1 lb/1000 sq.ft. to lawn area. 5.6 TURFGRASS SOD Furnish viable sod of uniform density, color, texture, strongly rooted and capable of vigorous growth and development when planted. The turfgrass species that shall be used is Bermudagrass (Cynodon dactylon tiffway cultivar.) 5.7 TOPSOIL Contractor shall use approved topsoil obtained ahead of construction activities. Topsoil Shall be free of debree. 5.8 PLANTING ACCESSORIES Only EPA registered and approved herbicides shall be used. i . , Granular or pelleted slow -release fertilizer consisting of 50% water insoluable nitrogen, phosphorus and potassium shall be used. The ferdher composition shall consist of 20% nitrogen, 10% phosphorus and 10% potassium by weight. 5.10 EXANVEINATION Examine areas to receive grass for compliance with requirements and other conditions affecting performance. Proceed with installation only after unsatisfactory conditions have been corrected. 5.11 PREPARATION Protect structures, utilities, sidewalks, pavements, other facilities, trees, shrubs and planting from damage caused by planting operations. Provide erosion control measures 19 to prevent erosion or displacement of soils and discharge of soil -bearing water runoff or airborne dust to adjacent areas. 5.12 PARK PREPARATION Limit subgrade preparation to areas that will be planted. Loosen subgrade to a minimum of 4". Remove stones larger than 1 1/z" in any dimension and sticks, roots rubbish and other extraneous matter and legally dispose of them off the Owner's property. Reduce elevation of planting soil to allow for thickness of sod. Apply superphosphate fertilizer directly to subgrade before loosening. If grasses are to be planted in areas unaltered or disturbed by excavating, grading or surface soil stripping operations; but were affected by stockpiling , vehicular traffic or other ancillary relating to construction operations, prepare surface as above. Grade planting areas to a smooth, uniform surface plane with loose, uniformly fine texture. Grade to within plus or minus 1/2" of finish elevation. Roll, rake, remove ridges and fill depressions to meet finish grade. Limit fine grading to areas that can be planted in the immediate fixture. Moisten prepared lawn areas before planting if soil is dry. Water thoroughly and allow surface to dry before planting. Do not create muddy soil. 5.13 SODDING OF PARKS Lay sod within 48 hours of harvesting. Do not lay sod if dormant or if ground is frozen or muddy. Lay sod to form a solid mass with tightly fitted joints. Butt ends and sides of sod; do not stretch or overlap. Stagger sod strips or pads to offset joints in adjacent courses. Avoid damage to subgrade or sod during installation. Tamp and roll lightly to ensure contact with the subgrade, eliminate air pockets and for a smooth surface. Work sifted soil or fine sand into minor cracks between pieces of sod; remove excess to avoid smothering sod and adjacent grass. Lay sod across angle of slope exceeding 1:3. Anchor sod on slopes exceeding 1:6 with staples spaced as recommended by the sod manufacturer but not less than 2 anchors per sod strip to prevent slippage. Saturate sod with fine water spray within two hours of planting. During the first week, water daily or more frequently as necessary to maintain moist soil to a depth of 1 1/z" below sod. 20 Renovate existing grasses and landscaping damaged by Contractor's operations, such as storage of material or equipment and movement of vehicles, at Contractor's expense. Reestablish lawn where settlement or washouts occur or where minor regarding is required. Remove sod and vegetation from diseased or unsatisfactory lawn areas; do not bury in the soil. Remove topsoil containing foreign material resulting from Contractor's operations, including oil dripping, fuel spills, stone, gravel, and other construction materials, and replace with topsoil. Apply soil amendments and initial fertilizers required for establishing new lawn and mix thoroughly into the top 4" of existing soil. Provide new planting soil to fill low spots and meet finish grades. Water newly planted areas and keep moist into new grass is established. 5.15 SATISFACTORY PARKS At the end of the maintenance period, a healthy, well -rooted, even colored, viable stand of grass has been established, free of weeds, open joints, bare areas and surface irregularities. Reestablish park grasses that do not comply with requirements and continue maintenance until grasses are satisfactory to the Owner. 5.16 CLEAN UP AND PROTECTION Promptly remove soil and debris created by landscape work from paved areas. Clean wheels of vehicles before leaving site to avoid leaving site tracking soil onto roads, walks or other paved areas. It is the Contractor's responsibility to provide protection of the newly planted areas. Contractor may use barricades and warnings signs to protect their work. Newly planted y areas must be protected throughout the maintenance period. 21 Remove erosion control measures only after grass establishement. During the period the contractor is directing traffic over the base, the surface shall be satisfactorily maintained by the use of sprinkling and blading as required, so that no hazard will result. The base course shall be maintained until the wearing surface is placed thereon. At no time during the period of construction shall driveways and/or alleys be left impassable between the night hours of 6:00 PM to 6:00 AM, except during the construction of curb and gutter for which the driveways and/or alley's shall remain closed not more than 4 days. No work will be performed after dark or before daylight. City contracted Storm Water projects will be based on working days allowed. No requests for extensions of time will be considered. A working day is defined as a calendar day, not including Saturdays, Sundays, or City of Lubbock designated holidays, in which weather or other conditions beyond control of the contractor will permit the performance of the principal unit of work for a continuous period of not less than 7 hours between 7:00 am and 6:00 pm. Work on Saturdays, Sundays, or City of Lubbock designated holidays must be authorized by the Engineer. For each Saturday, Sunday, or City of Lubbock designated holiday on which the Contractor chooses to work and has authorization from the Engineer to work, 1 day will be charged against the contract working time when conditions will permit at least 7 hours of work as described above. Work on Sunday will not be authorized except in cases of extreme emergency, as determined by the Engineer. Working days will be considered to begin on the effective date stated in the Notice to Proceed, unless the contractor is unable to begin work on that date due to factors beyond his control as determined by the Engineer. In that event, time charged against the project will begin on the date the contractor could first work a minimum of 7 hours as described above. The Engineer will furnish the contractor a monthly statement showing the number of working days used and the working days remaining. The contractor shall be allowed 10 calendar days in which to protest the correctness of each statement. The protest shall be in writing, addressed to the Engineer, and shall indicate basis of the protest. The Engineer shall respond to the protest within 10 calendar days of receiving the protest. RA Failure to file a protest within the allotted 10 days for any statement shall indicate the contractor's approval of the time charges as shown on that period's time statement, and future consideration of that time statement will not be permitted. If conditions are such that, in the opinion of the Engineer, construction will negatively affect local businesses during holiday periods, the Engineer may suspend construction operations from November 1 to January 2. The City of Lubbock observes specific holidays, and City staff are not required to work those days. As standard procedure, construction operations that require testing/inspection may not be performed on those holidays. If the contractor needs to perform construction operations that require City personnel on holidays, the contractor shall make a written request for authorization to work from the Engineer. The request shall state the reason the work is necessary, and shall state that the contractor agrees to pay the City for the related personnel expenses including salary, overtime, and benefits. If City personnel are available, the Engineer may approve the request. 7.1 MEASUREMENT AND PAYMENT The unit price bid on each item as stated in the bid proposal shall include furnishing all labor, superintendence, machinery, equipment, and materials, except as otherwise specified, necessary or incidental to complete the various 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 on which no separate payment is made shall be included in the bid prices on the various pay items. Payment will not be made for any item that is not complete, including all associated incidental work. All of the items covered by these standard specifications may not be included in a particular project. Only those items indicated on bid documents and plan sheets shall be included for construction and payment. s;t Payment will be made at the lump sum price bid for Mobilization for the project. Partial payment can be requested for this item. A request for 90% of the amount that is eligible for payment can be made at the beginning of the project. The remaining 10% of the eligible sum can be requested when the Contractor demobilizes. 23 7.3 DEMOLITION OF FLATWORK Measurement will be made of the area in square yards of concrete slab actually removed. Payment will be made at the unit price bid per square yard of concrete slab removed. The contractor shall ensure that the Engineer has the opportunity to measure the area of concrete slab prior to removal. If concrete slab is removed without measurement by the Engineer, no payment will be made for that removal. The unit price shall include sawing, breaking, hauling, labor, equipment and legal disposal for removal of the concrete slab. 7.4 NEW CONCRETE FLATWORK Measurement will be made of the area, in square yards, of drainage channel actually constructed, including top surface area of any retaining wall or curb. Drainage channel will be paid for at the unit price bid per square yard. The unit price shall include furnishing and installing all materials, all necessary excavation and grading within the drainage channel, backfilling, reinforcement, forming, finishing and all incidentals necessary to complete the work. 7.5 ENERGY DISSIPATER Payment will be made at the lump sum price bid. Payment will be made when the energy dissipater is complete, in place and in accordance with the plans and specs. Lump sum price should include furnishing and installing all materials, grading, reinforcement, forming, finishing and all incidentals necessary to complete the work. 7.6 HEADWALL Payment will be made at the lump sum price bid. Payment will be made when the headwall is complete, in place and in accordance with the plans and specs. Lump sum price should include fuurnishing and installing all materials, grading, reinforcement, forming, finishing and all incidentals necessary to complete the work. 4 7.7 REINFORCED CONCRETE PIPE Payment will be made at the unit price bid for reinforced concrete pipe, furnished and installed by trenching. The quantity of pipe eligible for payment shall be the actual linear footage of pipe installed in accordance with the plants and specs. This item shall include all items associated with the installation of he storm sewer pipe that do not have a separate pay item identified. This includes, but is not limited to, the storm sewer pipe, 24 trench excavation, compacted backfill, any special bedding or backfill, hauling, site security and dewatering activities. 7.8 REESTABLISH VEGETATION Payment will be made at the unit price bid for vegetation restoration by sodding, furnished and installed and maintained properly. This item shall include but is not limited to the sod, the proper preparation of the soil and the adequate watering and fertilization until the vegetation is established. The quantity eligible for payment shall be the number of square yards of sodding, furnished, installed and maintained in accordance with the plans and specs. Partial payment can be requested for this item. After the installation of the vegetation restoration measures, a request can be made for up to 60% of the total payment accrued. After the vegetation is established in accordance with the plans and specs, a request for the remaining 40% can be made. No additional payment will be made for this item due to noncompliance with the contract documents, inadequate maintenance by the contractor or for any areas damaged outside the working limits of the project described in the plans. 7.9 TREE REMOVAL Payment will be made at the lump sum bid price. Payment will be made when the tree is removed and properly disposed of off the Owner's property. This includes, but is not limited to, labor, equipment, removal, disposal and any final grading to restore soil to proper grade. 7.10 STORM WATER POLLUTION PREVENTION PLAN Payment will be made at the lump sum bid price for the Storm Water Pollution Prevention Plan. Partial payment can be requested for this item. No more than 70% of the bid price will be paid until sodding is deemed complete and established and erosion measures can be removed. 25 26