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Ordinance No. 9,162ORDINANCE NO. 9162 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO AN INTERLOCAL AGREEMENT WITH THE CITY OF MISSOURI CITY FOR THE ANNUAL CONCRETE RAISING SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes. and directs the City Manager and the City Clerk of the City of Baytown to execute and attest to an Interlocal Agreement with the City of Missouri City for the Annual Concrete Raising Services. A copy of said Interlocal Agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 24th day of May, 2001. PETE C. ALFARO, Mayor ATTEST: OIL - GAR W. S I T I-1, City Clerk APPROVED AS TO FORM: eTKT�ACIO RAMIREZ, S ., ity Attorney d:\MyDocuments \Counci 1\ 00- 01- May \Authorizelnterloca]AgreementW ithMissouriCity �- L"i s � CITY OF MISSOURI CITY PO Box 666 Missouri City, TX 77459 Concrete Raising Corporation Attn: Victor Parisian 10118 Moers Houston, TX 77075 December 4, 2000 Re: IFB #9899 -149 Concrete Street Raising Services Greetings: (281) 2614249 (281) 208 -5539 Fax Email: puragt@ci.mocity.tx.us I have received your email regarding your counter -offer renewal of the above referenced contract on its anniversary date of December 1, 2000. I have discussed the issue with Sharon Valiante, and she is in agreement with your offer. The City hereby accepts your offer to renew for the period of December 1, 2000 through November 30, 2001 for unit pricing as follows: Raise of Linear Foot 949 ©O! moo .01 —6" $ 15.68 ,W oo/ 0000 a 6.01" plus 21.50 Please sign and return one copy of this letter to my office by December 15th. Thank you for your interest in continuing to do business with the City. Purchase orders will be issued for work as needed. If you have any questions, please feel free to call. P les you Oberrender, CPPB Purchasing Manager Encl I accept thus o .7 to en per the terms described herein. Vich'or PA sia`n" Concrete Raising Corporation 1ACHARLESMORMRENEWAL.DOC 12/5/00 L++""° A a , s INVITATION. FOR BIDS IFB #9899 -149 Term Contract for CONCRETE PAVEMENT RAISING SERVICES CITY OF MISSOURI CITY FORT BEND COUNTY, TEXAS SPECIFICATIONS Honorable Allen Owen, Mayor City Council Eddie Fair Buddy Jimerson Brett Kolaja Frank Yonish Jerry Wyatt Eunice Reiter City Manage James Thurmond Director of Public Works - David L. "Lee" Dorger for Bid: Wendell L. Barnbs, P.E. 7tee 4 David L. "LeeTborger Director of Public Works i" 4'� ie I • INVITATION FOR BIDS 0 Term Contract for CONCRETE STREET RAISING SERVICES BID # 9899 -149 ISSUED BY THE PURCHASING AGENT OF MISSOURI CITY, TEXAS Sealed bids, subject to the terms and conditions of this Invitation for Bids, for the purchase of the above referenced item(s) used by the City of Missouri City will be received by the City Secretary of Missouri City, City Hall, 1522 Texas Parkway, P.O. Box 666, Missouri City, Texas 77459 until 2 PM (Local Time), October 15, 1999, at which time they shall be opened and publicly read in the Council Chambers on the second floor of City Hall. Bids received after the specified time will be returned unopened. CaA0CA /s /N 4 (O'i 0AO.e.4 Ti b .-�s LEGAL NAME OF CONTRACTING COMPANY 74- o4+45;k`. FEDERAL I.D. #(COMPANY OR CORPORATION) 1/1 C. To it �A P. I S 14 ..J CONTACTPERSON 713-991— 1-2 77 TELEPHONE NUMBER 011 Y Mocks R'&.!, A401TW'y COMPLETE MAILING ADDRESS 1011 X M 01RS K041� COMPLETE STREET ADDRESS SOCIAL SECURITY # (INDIVIDUAL) y TITLE ?13 g9/ G 5r�9 FACSIMILE NUMBER 14 o u s Te •J ; 7°X 7 7 omy-- CITY /STATE ZIP 14 005 To .J. Tx 7 70-7A- CITY /STATE ZIP THE UNDERSIGNED BIDDER, having examined the Specifications, General and Special Conditions, and other proposed Contract Documents, and all Addenda thereto and being acquainted with and fully understanding: 1. The extent and character of the work covered by this proposal; 2. The location, arrangement, and specified requirements for the proposed work; 3. The location, character, and condition of existing streets, roads, highways, pavements, surfacing, walks, driveways, curbs, gutters, trees, sewers, utilities, drainage courses, and Eel _A HEREBY PROPOSES to suppl perform all necessary labor and all work stipulated in, required 1 Specifications, and other docun addenda thereto) for and in cons S which may affect or be affected by the and the type, character, and general condition f excavated materials, including the construction of or probable dewatering requirements, if appropriate; >rk which might be caused by storm and flood water; nsportation, hauling and rail delivery facilities; and ting or which may be affected by the work. all required materials, supplies, equipment, tools, and plant; to upervision; and to construct, install, erect, equip, and complete r, and in accordance with the contract documents and the Plans, :nts referred to therein (as altered, amended, or modified by all leration of the prices Nd. i Signature of orized Representative V, C--r" R L -PA IS /*IA✓ Printed Name Date A -2 other installations, both surface and proposed work; 4. The nature and extent of work to be of materials involved; 5. Necessary handling and rehandling fills and embankments, if appropria 6. The location and extent of necessar 7. The difficulties and hazards to the v 8. Local conditions relative to labor, tr 9. All other factors and conditions affe HEREBY PROPOSES to suppl perform all necessary labor and all work stipulated in, required 1 Specifications, and other docun addenda thereto) for and in cons S which may affect or be affected by the and the type, character, and general condition f excavated materials, including the construction of or probable dewatering requirements, if appropriate; >rk which might be caused by storm and flood water; nsportation, hauling and rail delivery facilities; and ting or which may be affected by the work. all required materials, supplies, equipment, tools, and plant; to upervision; and to construct, install, erect, equip, and complete r, and in accordance with the contract documents and the Plans, :nts referred to therein (as altered, amended, or modified by all leration of the prices Nd. i Signature of orized Representative V, C--r" R L -PA IS /*IA✓ Printed Name Date A -2 J # city of missoud c Piechasbig Diuisian [280 261-0249 October 14, 1999 1522 Texas ParkM 1280 2614341 41 PA. Box 666 ossoe:i CB,I,Texas 71459 Fax:1281403 -0661 RNI: ptraW@dM0CI -Usti( ADDENDUM # 1 The City of Missouri City Purchasing Division has issued Addendum # 1 for IFB 9899 -149 Concrete Pavement Raising Services. This addendum has been issued to make revisions to the bid document. Revisions 1) Estimated quantity of services to be purchased under the contract term is 1,750 LF (curb) of pavement to be raised. This is an estimate only as the City makes no guarantee as to the actual amount purchased under this IFB. 2) Clarification of ."New Cracking" - New cracking is defined as cracking that occurs during the pavement raising process performed under this contract. Previous, or "old" cracks already present are not covered. Bid Opening The bid opening HAS BEEN CHANGED to 2 PM, October 22, 1999. Please review the changes in specifications and prepare your bid accordingly. This addendum must be signed and attached to your bid document when submitted. Any questions may be directed to my attention at (281) 261 -4249. With Regards, Charles Oberrender, CPPB Purchasing Manager I have received and read this Signed: dum Printed Name: t�i- 70ooZ - �'��5�'�•t/ a_ 0 1 n U ADDENDU F;i-5, Bidders acknowledge receipt of the foil Addendum #1 Dated 10 Addendum #2 Dated Addendum #3 Dated Addendum #4 Dated ACKNOWLEDGMENT mg Addenda: F Received . Received Received Received I/We understand that this Bid cannot be withdrawn on or after the closing time and the date for acceptance of bids as defined above. In submitting this bid, I/We ' do so with the understanding that all Contract Documents, Drawings, Specifications and Addenda are completely understood and that there is not doubt as to the intent and scope of the work to be accomplished. I/We Agree and understand that the City of Missouri City, Texas, reserves the right to reject any or all bids and/or to accept any bid or section combination of bids considered advantageous. ATTEST: (Sea] if Bidder is a Corporation) A -3 Cp.`I t RF Tt /1 lsli✓rs I Grt04 (Company Name) BY: TITLE:—V4 Cc.. -?2 E.S. DATE: /o — ADDRESS: 10 11 I' M Of *.S R� lovS ToA�z % 7707Jf 1 TRENCH SAFETY CERTIFICATION The Code of Ordinances of the City of Missouri City, Texas, Section 5- 2(d)(1) provides as follows: "(d) Trench Safety (1) On all construction projects, public or private, within the boundaries of the city in which a contractor is employed and in which trench excavation exceeds a depth of five (5) feet the bid documents, if any, and the contract shall contain: (a) a reference to the Occupational Safety and Health Administration's standards for trench safety that will be in. effect during the period of construction of the project; (b) a copy of any special shoring requirements, if any are required under applicable state or local law with a separate pay item for such special shoring requirements based on the square feet of shoring used; (c) a copy of any geotechnical information that was.obtained by the owner for use in design of the trench safety system; and (d) a separate pay item for trench excavation safety protection based on the linear feet of trench excavated." T4w s L . teef ?i.9 a hereby certify that I have complied (print name) with all the requirements of Section 5- 2(d)(1) of the Code of Ordinances of the City of Missouri City pertaining to trench safety. Furthermore, I understand that the failure to so comply will result in the withholding of building permits and the imposition of a fine up to $500.00 per day such violation occurs. BY: 061 7 Date: 16— Z ?r Witness A -4 I, the d urnent ® awarded tj such award defined in t (Si a Name o iA a,o., �SUR4NC MISSpU� lgned ggen RE QUI�ME CITY cobeen e iered e , certify that �e AFFID``1 nT ntra Y me with insurance re h y the City the belo quire funds valid . h', I will be w identified meets contai 's 1 it tlon for Bid Sance certificate toy within fiReenolsactor If a in this bid the City meeti gall of days being oactor is ire} �e re9uirementslfied of Address o f ggenc yBroker City /State/Zip; KA Agent Hargrave �C� Insurance Ser �nntName) 22 �3 °ices Roust Mangum Road 0100 Agent/Broker Telepho ne #; on' Texa s 7 7p92 13 Contractor's Name: cone 684_2500 rete Rals-in Core o Note: f Texas If this time require contract to the next lowest not met, the C• concerning these re b'dder qty has th Manager of the City meeting sPeciftc a might t0 reject !ty °f nlissouri City at ontact Char eSns• You haVeis bid and away (28I) 26I�249•pberrender� CPny 9ueshons d the p8, purc"S 0 A_5 ,0 UNWEIPSAL SURETY OF A ERICA Bond No.: TX 093011000 950 Echo Lane, Suite 250 - Houston, Texas 77024 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Concrete Raising Corporation , 10118 Moers Road, Houston, TX 77075, as Principal, hereinafter called the Principal, and UNIVERSAL SURETY OF AMERICA, 950 Echo Lane, Suite 250, Houston, Texas 77024, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Missouri City , as Obligee, hereinafter called the Obligee, in the sum of 5.00% of the amount of this bid not to exceed One Thousand Seven Hundred Fifty and No /100 * ** Dollars ($1,750.00) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrator, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Raising of concrete streets, to eliminate standing water at curbs . NOW, THEREFORE, If the contract be timely awarded to .the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing, or, in the event of the failure of the Principal to enter into such Contract; 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. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. Signed and sealed October 22, 1999. Concrete Raising Corporation By: Title: e- I FS UNIVERSAL SURETY OF AMERICA B i Barbara A. Meyer Attorney -in -Fact • UNIVERSAL SURETY OF AMERICA ® P.O. BOX 1068 -Houston, Texas 77251 -1068 GENERAL POWER OF ATTORNEY - CERTIFIED COPY Bond Numbs TX 0930110 00 Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Texas, does by these presents make, constitute and appoint Barbara A. Meyer its true and lawful Attomey(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver bonds for: Principal: Concrete Raising Corporation Obligee: City of Missouri City Amount: $1,750.00 and to bind the company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the company and duly attested by its secretary, hereby ratifying and confirming all that the said Attorney(s)-in -Fact may do within the above stated limitations. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the 11 th day of July, 1984. "Be It Resolved, that the President, and any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on behalf of the Company." "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimilie to any power of attorney of the corporation, and that such printed facsimilie signature and seal shall be valid and binding upon the corporation." In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, Jack McReynolds and its corporate seal to be hereto affixed this 2nd day of January, A.D., 1998. UNIVERSAL SURETY OF AMERICA ,,NNIIIUIy„I, '.%, uRETY VW PI = 'ssta 6�;a: tc r Jack McReynolds President State of Texas�°^�II� ss: County of Harris On this 2nd day of January, in the year of 1998, before me Estela Leija, a notary public, personally appeared Jack McReynolds, personally known to be the person who executed the within instrument as President, on behalf of the corporation therein named and acknowledged to me that the corporation executed it. E87EI A I.ELW �, O✓ W CMUSSl011 t2NO owp�t 8, � Notary Public 1, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the ® Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in affect. ® GIVEN under my hand and the seal of said company, at Houston, Texas, this 22ND day of OCTOBER 19 99 As istant Secretary For verification of the authority of this power you may telephone (713) 722 -4600. BONDING COMPANY INFORMATION LOCAL AGENT: Company Name: UN y E R s I J S u A i T y c{ An ev Individual Contact: Z3,4 ,t.4 4,2 4 Street Address: �j' ,�'Q CV C, 4 E 5 71 O. Mailing Address: _SAA1 City, State, Zip: �,1.,/o u s To ,� , TX 7 7 O y Phone Number: ( ) -7 13 7 Z z y `� o A -8 7 4 BONDING COMPANY INFORMATION LOCAL AGENT: Company Name: UN y E R s I J S u A i T y c{ An ev Individual Contact: Z3,4 ,t.4 4,2 4 Street Address: �j' ,�'Q CV C, 4 E 5 71 O. Mailing Address: _SAA1 City, State, Zip: �,1.,/o u s To ,� , TX 7 7 O y Phone Number: ( ) -7 13 7 Z z y `� o A -8 7 n C STATEMENT OF QUALIFICATIONS OF THE BIDDER i The following information is unconditionally required of all bidders as called for in Section 3 Instructions to Bidders (#4) - attached to Bid Proposal submitted to the City. Proposed Contractor: C c N C A i -re 'e,giseN % 4�2A#° - Person in Charge: V,L -Mot Ii9-r2 Phone No. -7/ 3 991 /77,Z I . PROJECT: S T'2 £ t T /P.9 is CONTRACT AMOUNT: v �,4 C� �+ t 5 1 OWNER: C . —�/ o t fe)f -+As wove? ,. 7x - 2 ARCHITECT/ENGINEER: C �: I- f ,�,� w•.w SCOPE OF WORK: R,413;^-'!* (2o.y c,et n ?s %w >✓ I r •.►� :.,. S Tq ti a N w^ 77 A e C 600t d G l o bw, 1, •u 3. .S f A i A of 'ri m •vs A 'r �- 4s✓�t�l A ,1 -t PROJECT: -S •etc r /P�lis�•� `! �2yoo 5f�� CONTRACT AMOUNT; -�V A e ; - Mb ;+k OWNER: e / r+i o /yv.vTl.t A C.t' If f If ARCHITECT/ENGINEER: SCOPE OFF WORK: f R A S -r.,e a rs. �1 `u i w.: •�+ �✓!-C .5 Ti! .✓ � , .VV W of VS It- 4 4A,.e.- S�w.r.1 G cowl r-941 I t'l-C . 3. PROJECT: CONTRACT AMOUNT: OWNER: ARCHITECT/ENGINEER: SCOPE OF WORK: 4.A,vt •f P;.vt ,lot. 54.oe fr P ;vty Pe:w.-r. .SToe*tT S7"4,54 Ai3 i.I %-. 42- 1, S-b•= . C;T ► lit ro;++T _ f�/I,� t:o.Vs ?w•vGT�'o'v ��; /f 5 7KO9 A -9 A -10 LIST OF SUBCONTRACTORS WORK SUBCONTRACTOR IS TO PERFORM RESUME OF SUBCONTRACTOR Unconditionally Required of all Bidders Proposed Subcontractor: -- Person in Charge: Phone No. Portion of Construction: Resume of Subcontractor (list last three consecutive projects) 1. Project: Amount: Owner: Engineer: Prime Contractor: 2. Project: Amount: Owner: Engineer: Prime Contractor: 3. Project: Amount: Owner: Engineer: Prime Contractor: A -10 C 1 Attach to Bid as necessary for the number of subcontractors anticipated on this project. It is expressly understood that the use of any subcontractor other than those listed with bid shall require written approval from the Owner. A -11 BID SHEET 1. Lifting and Stabilizing Concrete Street Pavement, as Specified Herein, Priced per Cubic Yard of Fill: Bid Price A. 0.01- 6.00" raise per linear foot ..............................$ /&os' /LF B. 6.01 "+ raise per linear foot ...... ..............................$ ,Z /,5"O/LF Note: Work orders will be issued as a request for proposed cost based on unit price bid. Notice to proceed will be issued and become effective after approval of proposal. Estimated days to completion of each work order, based on 1000 LF work orders: /o — y Days A -12 �M ® IMPORTANT POINTS Note: Detailed explanation of each of these points is provided in the TERMS AND CONDITIONS and INSTRUCTIONS TO BIDDERS sections. SCOPE It is the intent of the City of Missouri City to contract with one (1) vendor to provide concrete street raising services for purpose of eliminating swales, birdbaths and related pavement failures on various concrete thoroughfares as designated throughout the City of Missouri City. CONTRACT LENGTH The contract awarded will be for a period commencing the date of award through November 30, 2000. The contract may be subject to renewal for an additional year through November 30, 2001, if agreeable with both parties. Work orders will be issued in increments of approximately 1000 LF work on as needed basis. PRE -BID CONFERENCE Not applicable. BID AWARD The award of this bid by City Council is expected to be made on November 18, 1999. Notification of intent to award will be sent to all bidders prior to award date. After approval by City Council, successful bidder will be contacted to sign contract documents that shall comprise a binding contract between the City and bidder. A notice to proceed and a purchase order shall be issued to the successful bidder upon execution of the contract. POINT OF CONTACT REGARDING THIS INVITATION FOR BID Specification Clarification: Sharon Valiante, Project Manager, (281) 261 -4338. Bidding Process: Charles Oberrender, CPPB, Purchasing Manager, (281) 261 -4249. PAYMENT Invoices are to be submitted to the following address: City of Missouri City Attn.: Accounts Payable PO Box 666 Missouri City, TX 77459 A -13 C! All invoices must reference the purchase order number. Payment will be made within thirty (30) days upon receipt of correct invoice by Accounts Payable and approval of said invoice by the Public Works Department. The City takes advantage of all term discounts given and such discounts may be a factor in the awarding of the bid. STATEMENT OF QUALIFICATIONS Required. STATEMENT OF FINANCIAL CONDITION Required. BID BOND Required PERFORMANCE BOND Not Required PAYMENT BOND Not Required MAINTENANCE BOND Required. RETAINAGE Not Required TERMS AND CONDITIONS These conditions apply unless superseded by the bid specifications. 1. GENERAL CONDITIONS Bidders are required to submit their bids based upon the following expressed conditions: (a) Bidders shall thoroughly examine the drawings, specifications, schedule, instructions and all other contract documents. (b) Bidders shall make investigations necessary to thoroughly inform themselves A -14 • ti 0 regarding plant and facilities for the delivery of material and equipment as required by the bid conditions. No plea of ignorance by the bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary examinations, or failure to fulfill in every detail the requirements of the contract documents, will be accepted as a basis for varying the requirements of the City or the compensation to the vendor. (c) Bidders are advised that all City contracts are subject to all legal requirements provided for in the City Charter and/or applicable City ordinances, state or federal statutes. Any bid, after being opened, becomes subject to the Open Records Act. (d) No officer or employee of the City shall have a financial interest, direct or indirect in any contract with the City, or shall be financially interested, directly or indirectly, in the sale to the City of any materials, supplies or service, except on behalf of the City as an officer or employee. (e) Bid must be submitted on this form in its ENTIRETY. Bids not submitted on this form may be disqualified. (f) All entries must be typed or printed in ink. (g) DO NOT TELEPHONE THE PURCHASING /AP MANAGER FOR BID RESULTS. All vendors will be notified in writing of bid results. 2. BID CRITERIA Bids will be prepared in accordance with the following: (a) The contract will be binding only when awarded by City Council and all required documents have been submitted to and accepted by the City. (b) Where there is an error in extension of price, the unit price shall govern. (c) Proposed days to completion shall be calendar days. (d) The City of Missouri City is a tax - exempt governmental entity. 3. DESCRIPTION OF BIDS Any catalog or manufacturer's reference used in describing an item is merely descriptive, and not restrictive, unless otherwise noted. Bidders are required to state exactly what they intend to furnish, otherwise they shall be required to furnish the items as specified. 0 4. SUBMISSION OF BIDS (a) Bids must be submitted in a sealed envelope addressed to: A -15 • City Secretary of Missouri City 1522 Texas Parkway PO Box 666 Missouri City, Texas 77459 with the date and hour of bid opening, bid number and the title of the Invitation for Bid. An authorized representative of the bidder must sign the cover sheet. This bid and resultant contract will be binding only when awarded by City Council and all required documents have been submitted to and accepted by the City. Bids shall be submitted upon the forms provided, or copies thereof. The bids shall be prepared in compliance with the requirements of these instructions and any instructions printed on the prescribed forms. No change shall be made in the phraseology of the bid item. Bidder must sign his bid in the space provided on the Bid Form; unsigned bids will not be accepted. If the bid is submitted by a partnership or corporation, the name and address of the partnership or corporation must be shown, together with the name and address of the partners or corporate officers. Bids submitted by a sole proprietorship must be signed by the proprietor. The Bidder's name shall appear on the outside of the envelope. Bids will not be considered unless accompanied by a Bid Bond, Statement of Qualifications, and Statement of Financial Condition, if so required in the Special Conditions section. (b) Samples, when required, must be submitted with the time specified, at no expense to the City. Samples not used will be returned upon request at the bidder's expense. (c) By submittal of this bid, the bidder certifies that all information is true and correct to the best of his knowledge. 5. REJECTION OF BIDS (a) The City may reject a bid if The bidder misstates or conceals any material fact in the bid; or 2. The bid does not strictly conform to the law or the requirements of the bid. Non - responsive bids shall be those which contain any omission, alteration, erasure, addition, or change of any nature, or which do not include prices for each and every bid item (excluding optional terms). Further, any bid in which the prices are obviously unbalanced, or which A -16 r1 u E fails in any manner to conform to the bidding procedures as set forth, shall also be considered non- responsive; or 3. The bid is conditional, except that the bidder may qualify the bid for acceptance by the City on an "All or None" basis or a "Low Item" basis. An "All or None" basis bid must include all items upon which bids are invited. (b) In the event that a bidder is or subsequently becomes delinquent in the payment of his or its City taxes, including state and local sales tax, such fact shall constitute grounds for rejection of the bid, or if awarded the bid, for cancellation of the contract. However, the City reserves the right to deduct any delinquent taxes from payments that the City may owe to the delinquent bidder as a result of such contract. (c) The City may, however, reject all bids whenever it is deemed in the best interest of the City to do so, and may reject any part of a bid unless the bid has been qualified as prefaced in 5(a)3 above. The City may also waive any minor technicalities or irregularities in any bid, to include failure to submit sufficient bid copies, failure to sign all bid copies, failure to submit literature or similar attachments, or business affiliation information. 6. MODIFICATIONS OR WITHDRAWALS OF BIDS Bids may be modified or withdrawn prior to the time set for bid opening, but bids may not be withdrawn after the time set for the bid opening, unless approved by the City Council. 7. DISCOUNTS (a) Prompt payment discounts will be considered in making the award provided the period of the discount offered is sufficient to permit payment within such period in the regular course of business (minimum ten days). (b) In connection with any discount offered, time will be computed from the date of receipt of supplies or services or from the date a correct invoice is received, whichever is the later date. Payment is deemed to be made on the date of the mailing of the check. 8. AWARD OF CONTRACT a. Unless the City of Missouri City elects to reject all bids, the City of Missouri City will award the Contract within ninety (90) days after the bid opening. The City of Missouri City reserves the right to reject any or all bids if in the Owner's judgment the bids are excessively high or if irregularities exist. The City of A -17 Missouri City reserves the right to award separate contracts for individual sections or combinations of sections at the sole discretion of the City of Missouri City. The City of Missouri City reserves the right to increase, decrease, or delete individual line items and/or quantities at the sole discretion of the City of Missouri City. I b. It is the intent of the City of Missouri City to award the Contract to the qualified and responsible bidder(s) submitting the lowest bid based on each Bid Section or combination of Sections. C. If the lowest base bid exceeds the available funds, the City of Missouri City may reject all bids or may award the contract on the base bid, less items of work which are listed in the Bid Form as required to produce a net contract amount which is within the available funds. d. When a contractor cannot abide by the terns and conditions in fulfilling his contract, contractor must supply service or supplies from other sources at the contract price. If contractor delays in the above, the City reserves the right to purchase on the open market and charge the contractor the difference between the contract and the purchase price. e. Prices must be quoted FOB Missouri City with all transportation prepaid, unless otherwise specified. f. Delivery time and prompt payment discounts, including time allowed for payment will be considered in tabulation of bids. 9. ASSURANCE OF COMPLIANCE - EQUAL EMPLOYMENT OPPORTUNITY AND SMALL /OR MINORITY BUSINESS ADVOCACY REQUIREMENTS It is the policy of the City of Missouri City that small and/or minority enterprises shall have the maximum practical opportunity to participate in the performance of public contracts. Bidder agrees that if this bid is accepted, he /she will not engage in employment practices which have the effect of discriminating against employees or prospective employees because of race, color, religion, national origin, sex, age, handicap or political belief. 10. PAYMENT The City will pay for the requested goods and/or services as promptly as possible, but in any event, no later than thirty (30) days after: (1) receipt of the goods; or (2) the day the service is complete; or (3) the day the City of Missouri City Finance Department receives the invoice for the goods, and/or whichever is later. A -18 0 0 11. ESCALATION CLAUSE (applicable to term contracts only) Contractor may apply for a price increase not more than once during the initial contract period. In addition, if a renewal offer is made by the City, an escalation request may be made by the contractor, but only prior to both parties' agreement to renewal. After the renewal agreement is made, an escalation request may not be made for at least ninety (90) days and not more than once during the subsequent renewal period. Furthermore, price for any product may not increase without approval by the City. Escalation request must be submitted in writing to the City Purchasing Agent and supported by signed documentation from contractor's supplier explaining change in pricing. The City will provide written response to escalation requests within thirty (30) days of receipt. 12. CONTRACT This bid, when accepted by the City of Missouri City will become a binding contract between the City and the successful bidder upon execution of the City's contract documents. Bidders who anticipate requiring their own contract be signed are advised that this bid (and any subsequent contract prepared as an addition to this bid by the City) is the only contract into which the City will enter. On matters where there is . conflict between the terminology in this bid document and subsequent contract prepared by the City, the wording in the contract rules. INSTRUCTIONS TO BIDDERS 1. BID SECURITY: A Bid Bond from an acceptable Surety Company authorized to transact business in the State of Texas, in the total amount of not less than five percent . (5 %) of the maximum amount of the bid payable without recourse to the City of Missouri City, Texas, must accompany each bid as a guarantee that if awarded the contract, the bidder will promptly enter into a contract and execute required bonds on the forms provided. The bid security will be forfeited to the owner by the Bidder as liquidated damages if the bidder fails to execute and deliver a contract and bonds as required. The Cashier's Check or Certified Check or Bidder's Bond shall be enclosed in a separate envelope clearly marked and attached to the envelope containing the Bid. Bid securities will be returned within ten (10) working days after bid opening upon request except the bid security of the three lowest acceptable bidders will be retained until a contract is executed. Unsuccessful bid securities will be returned within ten (10) days thereafter. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact in the State of Texas. 2. STATEMENT OF QUALIFICATIONS: A statement of the qualifications of the bidder must be submitted on the required form. The Owner may make investigations as necessary to determine the ability of the bidder to perform the Contract Work. The A -19 4 5. C.1 Owner reserves the right to reject any bid unless evidence substantiates that the bidder is properly qualified to carry out contractual obligations. Bids will be considered only from qualified bidders. STATEMENT OF FINANCIAL CONDITION: A Financial Statement of the financial condition of the bidder as reflected by his most recently prepared statement is required. The statement shall be submitted in a sealed envelope and will be examined only if the bidder's bid is actively considered for award, otherwise it will be returned unopened after award of the Contract. STATE OF TEXAS SALES TAX: The Cost of the sales tax shall not be included in the bid. This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04(F) of the Texas Limited Sales, Excise and Use Tax Act as codified in Section 151.309 of the Texas Tax Code, as amended. The Contractor performing this contract may be exempt from certain sales tax in the purchasing,_ renting or leasing of materials, supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate complying with State Comptroller's administrative rules, including Rules 3.2.91 and 3.357, and by complying with applicable State law including Chapter 351 of the Texas Tax Code. BONDS: With the execution and delivery of the contract, the Contractor shall furnish and file with the O r ' o s ire , r act following surety bonds: RVTORTANT: Sur o s u.'r g u appear on the Treasury Department's most it 7 e e d be authorized to transact business in the state of Texas. a. PERFORMANCE BOND: A good and sufficient performance bond in an amount equal to one hundre and faithful executi protection of the O, contract, negligence of the Contractor, or improper execuiion of materials. aranteemg the full ntract, and for the e by reason of work, or use of inferior b. PAYMENT BO : A se arate ayment bond in an amount equal to one hundred percent (100 %) o f o o c a s tee the payment of all labor, materials i t e i n tf the work, and shall remain in full force and effect fora period of one e 4 er the date of completion and acceptance by the Owner. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF THE WORD: Prospective bidders shall make a careful examination of the site of the project, soil and water conditions to be encountered, improvements to be protected, disposal sites for surplus materials not designated to be salvaged materials and as to methods of providing ingress and egress to private properties, and methods of handling traffic during W11 e • ® q prior to submitting an bid, to construction,oftbe entire project. Bidders are required, p g Y read the specifications, bid, contract and bond forms carefully, to visit the site of the work, to examine carefully local conditions, to inform themselves by their independent research, tests and investigations of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work or time required for its completion, and to obtain all information required to make an intelligent bid. No information given by the Owner or any officials thereof, other than that shown on the plans and contained in the specifications, bids and other documents, shall be binding upon the Owner. Bidders shall rely upon their own estimates, investigations, tests and other data which are necessary for full and complete information upon which the bid may be based. It is mutually agreed that submission of a bid is evidence that the bidder has made the examinations, investigations and tests required herein. 7. INTERPRETATION OF CONTRACT DOCUMENTS, TECHNICAL SPECIFICATIONS AND CONTRACT PLANS: No oral explanation or oral instructions will be given before the award of the Contract. Discrepancies, omissions, or doubts as to the meaning of Contract Documents, Technical Specifications or Contract Plans shall be communicated in writing to the Engineer for interpretation or explanation, prior to seventy -two (72) hours before the bid opening. Any interpretation or explanation in response to communications from bidders will be forwarded to all Bidders and receipt by the Bidder shall be acknowledged on the bid form. Any interpretation of the bid, if made, will be made only by addendum duly issued. It is the responsibility of the Bidders to ascertain if they have received all such addenda. No other interpretation or explanation will be considered as official or binding. 8. FUNDS: The Owner agrees to ensure that sufficient funds are available to pay the Contractor by check, in accordance with provisions of the Contract. 9. FACILITY SERVICES: The Contractor shall furnish the facilities, electricity, and water for building purposes. He shall erect a temporary privy for workmen's use, keep same clean and remove upon completion of his contract. 10. SUBCONTRACTORS: The successful bidder shall submit to the Owner, with bid, a schedule of names of subcontractors he will use and subcontract values on the appropriate forms. 11. MATERIALS: Where a material is named in the specifications or on the drawing, it is not the intention to discriminate against the products of other manufacturers. It is mentioned as a standard. It is expected that the Contractor's bid is based upon the use of these materials or their approved equal as determned by the City Engineer A -21 12. CONDITIONS: a. The Contract may be let to one or more contractors or firms and he, or they, shall perform the work in accordance with the plans and specifications. b. The Contractor shall furnish all materials. This shall be the best of its class as herein described. C. The Contractor shall not let or transfer this contract, nor any part thereof (excepting only for the delivery of material), without the consent of the owner. No subcontract shall, under any circumstances, relieve the Contractor of his liabilities and obligations under this contract, should such subcontractor fail to perform the work undertaken by him in a satisfactory manner. d. The Contractor is responsible for seeing to it that all work is done in accordance with the building, sanitation, and other laws in force in the State of Texas and in the area the project is being done. Such laws are hereby made a part of this specification, and the same as if written in full herein. The Contractor shall verify all lines, levels and dimensions shown on the drawings. He will be held responsible for the correctness of setting out work. The drawings and specifications are to be considered as cooperative, and any work shown on the plan and not described in the specifications, or vice versa, or any work obviously necessary to complete the work as planned is to be considered a part of the contract. The Owners shall be present at the site at the time of staking out the work. f. The Owner may at any time during the progress of the work make any additions or deletions from the original plans and specifications. These changes shall in no way affect or make void the original contract. In making these changes or deletions, the Owner shall first make an agreement with the Contractor in regard to the cost of the change or deletion. It will then be put in writing, setting forth the cost of the work added or deducted from the original contract price. This written agreement shall be signed by Owner and Contractor. These changes, however, must be designated in writing by the Owner at the time of laying out the work involved. g. The Contractor shall, from time to time, remove all rubbish and waste materials. He shall, at all times during the progress of the work, keep the premises clean and safe. The Contractor shall be held responsible for damages to adjoining property. Upon completion, the Contractor shall deliver the project in a clean condition. h. Each contractor shall give his personal direction to the work and also keep. a competent and authorized foreman on the job at all times. A -22 C Ll 13. EXECUTION OF CONTRACT AND BONDS: Within fifteen (15) days after written notification of award, the Bidders shall execute and furnish to the Owner the contract per the contract conditions: 0a SA Perform ance Bond. DE e t , ea pLyte full amount of the Contract Price, executed by a Surety Company or Surety Companies authorized to execute Surety Bonds under and in accordance with the laws of the State of Texas. C. A Certificate of Insurance which conforms to contract and specification requirements. 14. CONSTRUCTION SCHEDULE: Prior to Notice to Proceed by the Engineer, the Contract t c edule to the City for review and approval. s 1 1 s e mpletion of the job within the number of total days s e d e a b mitted as required in specifications and on the plans. 15. FAILURE TO EXECUTE CONTRACT AND BONDS: Should the Bidder to whom the Contract is awarded refuse or neglect to execute and file the Contract, Bonds, and Certificate of Insurance within fifteen (15) days after written notification of award of the Contract, the bid guarantee filed with the bid shall become the property of the Owner, not as a penalty, but as liquidated damages. 16. INSURANCE REQUIREMENTS: Special attention is called to the section of the City of Missouri City Construction Contract pertaining to Insurance Requirements. 17. NOTICE TO PROCEED: The City of Missouri City may wait up to ninety (90) days after awarding the bid to give the Contractor a Notice to Proceed. 18. SITE PREPARATION: The Contractor will be required to do all necessary grading and excavation: The Contractor shall remove all trees, shrubs, stumps, etc., from the site. The Contractor will be responsible for surface water drainage from the site at all times and he will do all finish grading. The Contractor shall back fill the earth he excavates and furnish any additional fill, if required, for proper drainage. Seeding and fertilization is required on all areas disturbed by construction operations. A -23 DEFINITION OF TERMS DEFINITIONS: Wherever in these specifications or on the plans, the following terms, or pronouns in place of them are used, the intent' and meaning shall be interpreted as follows: 1. CITY: The City of Missouri City, Texas. 2. CITY COUNCIL: The duly elected members of the Council of the City of Missouri City, Texas. 3. DEPARTMENT: The Department of Public Works, City of Missouri City, Texas. 4. DIRECTOR OF PUBLIC WORKS: The Department Head of the Department of Public Works. 5. ENGINEER: The City Engineer or his duly authorized representative either or both being a duly authorized representative of the City of Missouri City. 6. INSPECTOR: The authorized representative of the City of Missouri City assigned to inspect any or all parts of the project and the materials to be used therein. 7. BIDDER: An individual, partnership, corporation, etc., submitting a proposal. S. CONTRACTOR: The individual, partnership, corporation, etc., with which the Contract is made to the City. 9. SUPERINTENDENT: The representative of the Contractor authorized to receive and fulfill instructions from the inspector and who shall supervise and direct the construction. 10. LABORATORY: The testing laboratories of the City or any other testing laboratory that may be designated or approved by the Director of Public Works. 11. PROPOSAL: The offer of the Bidder, made out in duplicate on the prescribed forms, giving prices for performing the work described in the Bid Documents. 12. BID DOCUMENTS: The Bid Documents include the Concept Drawings, Specifications, and any changes thereto. 13. SPECIFICATIONS: The directions, conditions and requirements contained herein, supplemented by such "Change Orders" as may be issued or made pertaining to the method and manner of performing the work or to quantities and qualities of materials to be furnished under the contract. Where phrases, "directed by ", "ordered by" or "to the satisfaction of 'the Engineer "' or "the Inspector" occur, it is to be understood that the directions, orders, or instructions to which they relate are within the limitations of, and authorized by the contract. Where reference is made to specifications of A.S.T.M., AASHTO, Texas Highway Department Standard Specification, etc., it shall be construed to mean the latest standard in effect on the date of the proposal. B -1 0 0 14. _ CHANGE ORDERS: Written agreements entered into between the Contractor and the City, properly executed, covering alterations, changes, additions or deletions to the approved plans which are necessary for the proper completion of the work. 15. CONTRACT: The agreement between the City and the Contractor covering the furnishing of material and performance of the work. The contract will include the Bid Documents, Contract Bonds and Change Orders. 16. THE WORK: The work shall include the furnishing of all Construction Submittal Drawings, labor, materials, equipment and other incidentals necessary or convenient to the successful completion of the project and carrying out of all of the duties and obligations. 17. PROJECT: The specific phase, section or sections of the project with all appurtenances and construction to be performed thereon under the contract. 18. WORKING DAY: As outlined and set forth in the General Conditions and Special Conditions of these specifications. 19. INSTRUCTIONS TO BIDDERS: Instructions of a general nature outlining the duties and responsibilities of a bona fide Bidder. 20. GENERAL CONDITIONS: Additional instructions to the Bidder, of a more specific nature, pertaining to his responsibilities. 21. SPECIAL CONDITIONS: Detailed instructions to the Contractor setting forth his responsibility and the City's responsibility for proper execution of the work. 22. WAGE RATES: The general prevailing wage rate of the City of Missouri City, a copy of which is included and shall become a part of these specifications. 23. SEQUENCE OF CONSTRUCTION: The logical and proper order in which the work shall be accomplished, by stages and phases, by the Contractor unless ordered to do otherwise by a properly executed Change Order. 24, TECHNICAL CONDITIONS: The specific instructions to the Contractor as to the manner, quality, methods and procedures of labor and materials to be employed in the execution of the various items of work. 25. SUPPLEMENTAL SPECIAL CONDITIONS: Detailed instructions to the Contractor setting forth his additional responsibilities of a special nature particular to an individual project not covered elsewhere. 26. A.S.T.M.: American Society for Testing and Materials. 27. AASHTO: American Association of State Highway and Transportation Officials. 28. TXDOT TEST METHOD: Texas Department of Transportation Materials and Test Division Manual outlining testing methods and procedures. 29. TNRCC: Texas Natural Resource Conservation Commission: The ultimate State regulatory authority to which all components of the project must comply. 30. NEC: 1993 or latest edition of National Electric Code. 31. CONCEPT DRAWINGS: Drawings prepared by Missouri City to reflect the desired project performance requirements. The Concept Drawings includes the project outline which details required construction items, work breakdowns, alternative features and will be used by the Contractor in the preparation for and performance of the project. 32. CONSTRUCTION SUBMITTAL DRAWINGS: Drawings which detail the various components of construction and the interrelations between them for the purpose of verifying compliance with building codes and construction standards. Construction Submittal Drawings for this project include foundation, wall, plumbing, roofing, electrical components and others as required or specified by the Engineer. 33. OWNER: The City of Missouri City, Texas. 34. CONCRETE PAVEMENT: That which constitutes any portion of the concrete street or roadway, concrete driveway approach and /or concrete sidewalk located within the public right -of -way. • IM ENGINEER'S CONDITIONS THE CONTRACT: The bidder to whom an award is made shall execute a written contract with the owner, and if bond is required, furnish good and approved bond within fifteen (15) days after notice of award. If the bidder to whom an award is made fails to enter into a contract as herein provided, the award will be annulled, and an award may be made to the bidder whose bid is next most acceptable to the owner, and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corporation to which an award is made will be required, before the contract is fully executed, to furnish certificate: "of its corporate existence and evidence that the officer signing the contract for the corporation is duly authorized to do so. 2. TRANSFER AND SUBLETTING: The Contractor shall not let or transfer this contract, nor any part thereof (excepting only for the delivery of material), without the consent of the owner. No subcontract shall, under any circumstances, relieve the Contractor of his liabilities and obligations under this contract, should such subcontractor fail to perform the work undertaken by him in a satisfactory manner. 3. COORDINATION OF PLANS AND SPECIFICATIONS: The specifications and the approved plans, special provisions, referenced documents, and supplemental agreements are essential parts of the contract and a requirement occurring in one is as binding as though occurring in all. They are intended to be cooperative and to describe and provide for a complete work. In cases of disagreement, figured dimensions shall govern over scale dimensions, plans shall govern over specifications, and special provisions shall govern over both specifications and plans. 4. ENGINEER: On all questions concerning the acceptability of material or machinery, the classification of material, the execution of the work, conflicting interests of Contractors and performing related work, and determination of costs, the decision of the Engineer shall be final. Inspectors are required to see that all the provisions of the contract and specifications are faithfully adhered to. Any inspector may, if authorized by the Engineer, stop the work entirely if there is not sufficient quantity of suitable and approved material on the ground to carry it on properly, or for any other good and sufficient cause. Any work done in the absence of an inspector may be ordered opened up for thorough examination, and must be rebuilt or replaced at the Contractor's sole expense. But no approval by an inspector shall be construed into an acceptance of defective or improper work or material, which must be rebuilt or properly replaced whenever discovered, at any stage of orders or directions C -1 under any possible circumstances, except as herein defined and provided, and* on authority of the Engineer. CONTRACTOR: The word "Contractor" used in these specifications means the person, firm or corporation with whom the contract is made. The Contractor shall at all times`be represented on the work in person or by a foreman or duly designated agent. Instructions and information given by the Engineer to the Contractor's foreman or agent on the work shall be considered as having been given to the Contractor. When two or more contractors are engaged on installation or construction work in the same vicinity, the Engineer shall be authorized to direct the manner in which each shall conduct his work, so far as it affects other Contractors. 6. SAMPLES OR SPECIMENS: The Contractor shall submit samples or specimens or such materials to be furnished or used in the work as the City may require. 7. MATERIAL AND WORKMANSHIP: All materials must be of the specified quality and equal to approved samples, if samples have been submitted. All work shall be done and completed in a thorough, workmanlike manner, notwithstanding any omission from these specifications or drawings. A ll materials furnished and all work done must be satisfactory to the Engineer. Work not in accordance with these specifications, in the opinion of the Engineer, shall be made to conform thereto. Unsatisfactory material will be rejected, and, if so ordered by the Inspector, shall at the Contractor's expense, be immediately removed from the vicinity of the work. Materials delivered along the line of the work shall be neatly, safely and compactly piled up along the right of way in such manner as to cause the least inconvenience and damage to property owners and to the general public, and shall not be closer than three feet to any fire hydrant. Public and private drives and street crossing shall be kept open. Shade trees and other improvements shall be protected from any damage by stone, earth or otherwise. Injury to lawns, sidewalks, streets or other improvements must be made good by the Contractor to the satisfaction of the Engineer. 8. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work. Application for extension of time must be approved by the owner, and such extension of time shall not release the surety from his obligations which shall remain in full force until the discharge of the contract. 9. SUSPENSION OF CONTRACT: If the Contractor fails to begin the delivery or commence work as provided in the contract, or fails to make deliveries of materials promptly as ordered, or to maintain the rate of delivery of material or progress of the work in such a manner as in the opinion of the Engineer to insure a full compliance with the contract within the time limit, or if in the judgment of the Engineer, the Contractor is not carrying out the provisions of the contract in their true intent and meaning, and in accordance with terms of this contract and of the plans and specifications, written notice may be served by the Engineer on such Contractor, or his agent or representative, to C -2 e s provide within a specified time for a satisfactory compliance within the contract, and if said Contractor neglects or refuses to comply with such notice, the owner may cancel or suspend the operation of all or any part of the contract and of the work hereunder, or it may, in its discretion, after such notice, purchase, any or all of the material without suspending the contract. Upon the suspension of a contract for furnishing material or machinery, the owner may purchase the material or machinery necessary in the opinion of the Engineer at the complete cost and expense thereof to the Contractor and his surety. Upon suspension of contract for construction of installation, the owner may, in its discretion, take possession of all or any part of the machinery, tools, appliances, animals, materials and supplies used on the work covered by the contract, or that have been shipped or delivered by or on account of the Contractor for use in connection therewith, and same may be used either directly by the owner, or the owner may, employ or purchase the material contracted for in such a manner as it may deem proper, or hire such force and buy such machinery, tools, appliances, materials and supplies of the Contractor's, as may be necessary, in the opinion of the Engineer, for the proper conduct and completion of the work. If, in the opinion of the Owner, there is an emergency for the furnishing of certain material, or the performance of certain work, in order to insure compliance with the terms of the contract, and if the Contractor fails to furnish such material or to perform such work within a reasonable time fixed by written notice from the Engineer, to the Contractor,'then the owner shall have the power to and it may at its election furnish such material and/or to perform such work at the expense of the Contractor and his subcontractor, who shall be liable therefor. In the determination of the question whether there has been such non - compliance with the contract as to warrant its suspension or the furnishing of material, or the performance of work by the owner as herein provided, the decision of the owner shall be final. 10. CHANGES: The Engineer may, without notice to the surety on the Contractor's bond, make such changes in the designs of materials or machinery or plans for installation or construction, or in the quantities or character of the work or materials required as he may deem advisable. These changes in plans for installation or construction may also include modifications of shapes and dimensions of structures, and the shifting of locations and grades to suit conditions disclosed as work progresses If such changes result in an increase or decrease of cost to the Contractor, the Engineer will make such additions or deductions on account thereof, as he may deem reasonable and proper, and his action thereon shall be final. Extra work or material shall be charged for as hereinafter provided. 11. EXTRA WORK, MATERIAL, AND EQUIPMENT RENTAL: In connection with the work covered by these specifications and the contract of which they are a part, the owner may order work and materials and equipment rental not covered by the plans and specifications. When such items are ordered in writing by the Engineer, the Contractor shall be paid for these items at the price agreed to. 12. CHANGES AT CONTRACTOR'S REQUEST: If the Contractor, on account of conditions developing during the progress of the work, finds it impracticable to comply C -3 strictly with these specifications, and applies in writing for a modification of structural requirements or of methods of work, such change may be authorized by the Engineer, if not detrimental to the work, and is without additional cost to the owner. 13. INSPECTION: All materials furnished and work done under this contract will be ' subject to rigid inspection. The Inspector shall at all times have access to all parts of the shop where material under his inspection is being manufactured. Material that does not conform to the specifications, accepted through oversight or otherwise, may be rejected at any stage of the work. Whenever the Contractor on installation or construction is permitted or directed to do night work, or to vary the period during which work is carried on each day, he shall give the Inspector due notice, so that inspection may be provided for. Such work shall be done without extra compensation and under regulations to be fizrnished in writing by the Inspector. 14. ERRORS AND OMISSIONS: The Contractor will not be allowed to take advantage of any error or omission in these specifications and/or plans. Suitable instructions will be given when such error or omission is discovered. 15. CONTRACTOR'S FINANCIAL OBLIGATIONS: The Contractor shall promptly make payments to all .persons supplying labor and materials in the execution of the contract, and a condition to this effect shall be incorporated in the Contractor's bond. 16. EXPERIENCE: Bidders, if required, shall present satisfactory evidence that they have been regularly engaged in furnishing material and machinery and constructing such work as they propose to execute, and that they are fully prepared with necessary capital, machinery and material to begin the work promptly and to conduct it as required by these specifications. 17. SPECIFICATIONS AND DRAWINGS: The Contractor shall keep on the work site a copy of these specifications and drawings, and shall at all times give the Engineer access thereto. Any drawings or plans listed in the detail specifications shall be regarded as part thereof and of the contract. Any thing mentioned in these specifications and not shown in the drawings or shown in the drawing and not mentioned in these specifications, shall be done as though shown or mentioned in both. The Engineer will famish from time to time such detail drawings, plans, profiles and information as he may consider necessary for the Contractor's guidance. 18. LOCAL CONDITIONS: Bidders shall satisfy themselves as to local conditions affecting the work, and no information derived from the maps, plans, specifications, profiles or drawings, or from the Engineer or his assistants, will relieve the Contractor from any risk or from fulfilling all of the terms of this contract. The accuracy of the interpretation of the facts disclosed by borings or other preliminary investigation is not guaranteed. Each bidder or his representative should visit the work site and familiarize himself with local conditions; failure to do so when intelligent preparation of his bids C -4 0 • depends on a knowledge of local conditions may be considered sufficient cause for rejecting a bid. 19. DATA TO BE FURNISHED BY THE CONTRACTOR: The Contractor shall furnish the Engineer reasonable facilities for obtaining such information as he may desire respecting the character of the materials and the progress and manner of the work, including all information necessary to determine its cost, such as the number of men employed, their pay, the time during which they worked on the various classes or phases of construction, etc. 20. DAMAGES: The Contractor will be held responsible for and required to make good, at his own expense, all damages to persons or property caused by carelessness or neglect on the part of the Contractor, his agents or employees. The Contractor will hold the owner harmless from any and all liabilities whatever growing out of any injury or damage to property or persons, because of any neglect or fault of said Contractor, his agents or his employees, in the execution of said contract, or in any manner connected therewith or related thereto, and will be required to pay the judgment, with costs, which may be obtained against the owner, growing out of such injury or damage. The Contractor shall employ and erect all day and night guardsmen, barricades and lights, and shall use all due and proper precaution to maintain the security of all persons and property. All traffic control devices (barricades, signs, etc.) shall conform to the Texas Manual on Uniform Traffic Control Devices, latest edition. The Contractor will be held responsible for any damages to the water, gas or drainage pipes, sidewalks, conduits, etc. The cost of removing obstructions, removing, repairing and replacing sidewalks, erecting barricades, posting notices, unless otherwise provided, etc., shall be included in the unit price bid for the various parts of the improvements. 21. CHARACTER OF WORKMEN: The Contractor shall not allow his agents or employees to trespass on premises or lands in the vicinity of the work. None but skilled foremen and workmen shall be employed on work requiring special qualifications, and when required by the Engineer, the Contractor shall discharge any person who commits trespass, or is in the opinion of the Engineer, disorderly, dangerous, insubordinate, incompetent, or otherwise objectionable. Such discharge shall not be the basis of any claim or compensation or damages against the owner. 22. DISPUTES: In all cases of misunderstanding and disputes, verbal arrangements will not be considered, but Contractor must produce written authority in support of his contradictions. 23. STAKING OUT WORD: The Contractor shall furnish and maintain all lines and grades, and stake out. all work based upon the base line and bench mark established by the C -5 Engineer. The Contractor shall employ a Registered Public Surveyor to provide all lines and grades and to offset all horizontal control monumentation and maintain said monumentation in its original undisturbed location. The Registered Public Surveyor shall submit signed copies of the field book- information to the Engineer before commencing the work. Prior to staking out the work, the Contractor shall satisfy himself in regard to the relationship between the base line and bench mark established by the City and the work to be performed under the Contract. The bench mark to control the elevation of the construction is shown on the plans. All stakes will be color coded with flagging in accordance with the following schedule: Primary Control Orange and Yellow Boundary Points Green and White Traverse Points Green and Yellow Block and Lot Corners Blue and Yellow Clearing Stakes White and Yellow Drainage and Storm Sewer Red Water and Appurtenances White Sanitary Sewer and. Appurtenances Blue The Engineer will have the right but not the duty to occasionally check the lines and grades and will report any errors or inconsistencies to the Contractor, who shall take immediate steps to correct them and all work involved so that it shall be in conformity with the drawings and specifications. The Contractor shall be fully responsible for the accuracy of this work and the correction of it as required. All construction costs to correct any errors due to faulty layout by the Contractor shall be at his expense. The Engineer will furnish final measurements when required to verify final quantities. The Contractor shall give. the Engineer at least seventy -two (72) hours notice in writing before staking out any new portion of the works, and he shall clearly state in such notice the exact locality or localities where such stakes are to be set. The Contractor must satisfy himself, before commencing work, as to the meaning or correctness of all stakes or marks, and no claim will be entertained by the owner for or on account of any alleged inaccuracies, or for the alterations subsequently rendered necessary on account of such alleged inaccuracies. The Contractor will be held responsible for the preservation of all such stakes and marks in their position, and in case any of them are lost or destroyed after having once been given, all expense incurred by the owner in replacing the same shall be charged against he Contractor and paid by him before completion and final acceptance of the work. As the stakes and marks will not in all cases represent the grades, lines, angles, and changes of surface in the finished work, the Contractor must be careful to see that they are taken in connection with the. plan, details, specifications, and Engineer directions except only when he may discover errors in the same, in which case he shall at once discontinue work thereon until such errors are C -6 0 rectified, but no claim shall be made or allowed on account thereof, on an account of any delay occasioned thereby. 24. NOTICE BEFORE COMMENCING WORK: The Contractor shall give the Engineer at least forty-eight (48) hours notice before commencing work on any portion of the contract, renewing work at any place where work has been stopped for any cause. He shall also give the same notice to all authorized inspectors, superintendents, or persons in charge of gas or water pipes, or railroads affected by his operations. Any work done contrary to the provisions of this clause must be taken up and rebuilt immediately upon order from the Engineer. 25. METHODS AND APPLIANCES: The methods and appliances adopted by the Contractor shall be such as will, in the opinion of the Engineer, secure a satisfactory quality of work and will enable the Contractor to complete the work in the time agreed upon. If at any time the methods and appliances appear inadequate, the Engineer may order the Contractor to improve their character or efficiency and the Contractor shall conform to such order; but failure of the Engineers to order such improvement of methods of efficiency will not relieve the Contractor from his obligations to perform satisfactory work and to finish it in the time agreed upon. 26. CLIMATE CONDITION: The Engineer may order the Contractor to suspend any work that may be damaged by climatic conditions. When delay is caused by an order to suspend work given on account of climatic conditions that could have been reasonably foreseen, the Contractor will not be entitled to any extension of time on account of such order. 27. QUANTITIES AND UNIT PRICES: The quantities noted in the schedule or bid are approximations for comparing bids, and no claim shall be made against the owner for excess or deficiency therein, absolute or relative. Payment at the prices agreed upon will be in full for the completed work, and will cover materials, supplies, labor, tools, machinery and all other expenditures incident to satisfactory compliance with the contract. 28. REMOVAL AND REBUILDING OF DEFECTIVE WORK: The Contractor shall immediately remove and rebuild at his own expense any part of the work that has been improperly executed, in the opinion of the Engineer, even though it has been included in the monthly estimates. If he refuses'or neglects to replace such defective work, it may be replaced by the Owner at the Contractor's expense. 29. PROTECTION OF WORK AND CLEANING UP: The Contractor shall be responsible for any material furnished him and for the care of all work until its completion and final acceptance, and he shall, at his own expense, replace damaged or lost material and repair damaged parts of the work. He shall take all risks from floods and casualties, and he shall, at his own expense, replace damaged or lost material and C -7 0 0 repair damaged parts of the work. He shall iake all risks from floods and casualties, and shall make no charge for delay from such causes. He may, however, be allowed a reasonable extension of time on account of such delay, subject to the conditions herein before specified. The Contractor shall remove from the vicinity of the completed work all plant, buildings, rubbish, unused material, concrete forms, etc., belonging to him or used under his direction during construction. 30. BENCH MARKS AND SURVEY STAKES: Bench marks and survey stakes shall be preserved by the Contractor, and in case of their destruction or removal by him or his employees, they will be replaced by the Contractor. 31. SANITATION: The Engineer may establish sanitary rules and regulations for all forces employed under this contract; and if the Contractor fails to enforce these rules, the Engineer may enforce them at the expense of the Contractor. 32. USE OF STREETS: Before making any excavation in any street, if required by the Engineer, the Contractor shall deliver a sufficient quantity of material upon the line of the work, between any two intersecting streets, in advance of the construction, and such material shall be so placed as to offer the least inconvenience to traffic. As soon as the work on any block is completed, unless otherwise directed by the Engineer, each block shall be opened for public use, and all accumulated or surplus rubbish removed. The use of any portion of such street shall not be deemed or held to constitute an acceptance of any part of the work. Travel upon the street or upon any intersecting alley or street shall not be hindered or needlessly inconvenienced for more than two (2) blocks at any one time, except in special cases, where a greater space may be allowed by the Engineer. Whenever a street is closed, the Contractor shall cause a plain, to be placed, with proper barricade, at the nearest street corner'on both sides of such obstruction. Access shall be maintained to all properties at all times. Ditches, inlets, fire hydrants, etc., shall not be blocked by the Contractor, and if it is necessary to put boxes, temporary drainage or any other sort of structures to take care of drainage, the same must be done at Contractor's expense without extra compensation. 33. TIME OF COMPLETION: Contractor to submit number of working days on the bid form where indicated. 34. DEFINITION OF WORKING DAYS: A working day is defined as a calendar day not including Sundays or legal holidays in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit or a majority of the work under way for a continuous period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m., or for a period of seven (7) hours in the aggregate between the above named hours. C -8 35. CONTRACTOR'S RESPONSIBILITY: During the progress of the work, and until one year after the date of the acceptance of the same by the Engineer, the whole work done under this contract will be at the Contractor's risk, and he shall assume the risk of and be responsible for any and all damages to the work, or to persons.or property, caused by or in any way resulting from said Contractor's negligence or the negligence of his employees. 36. PATENTS AND TRADE SECRETS: All fees for any patented invention, article or arrangement that is used upon or in any manner connected with the construction, erection or maintenance of the work, or any part thereof embraced in the contract and these specifications shall, unless otherwise provided by the contract, be included in the price in the price stipulated in the contract for said work. 37. USE OF WATER: The Contractor will not be allowed to draw any water from the public fire hydrants, except by special permit and license thereof, by the proper officials, and must pay the owner for same at the usual rate. 38. FINAL ACCEPTANCE: On completion of the contract, all portions of the work shall be reviewed by the Contractor personally, or by a member of the firm or an officer of the corporation holding the contract, who shall satisfy himself that every item is completed and all defects made good, and that all surplus materials, refuse, dirt, or rubbish is cleared up and removed or disposed of as the Engineer may direct, and that the whole work is in a finished, satisfactory, neat and tidy condition, and ready in all respects for acceptance by the owner. A sworn statement that the condition of the work is as just stated will be required from the Contractor, in addition to the report of the Engineer, before the work will be accepted by the owner. 39. ESTIMATES FOR PAYMENTSIRETAINAGE: Periodically during the term of the contract, the Contractor may make and provide the Director of Public Works an estimate of the portion of the work which has been completed from the last day of the preceding billing to the end of the current billing period. This shall be in the form of a billing for the amount earned by the Contractor which will be subject to payment less a five percent (5 %) retainage (if indicated in IMPORTANT POINTS) as based upon the unit prices bid. Said billing estimate will be approximate only, and no attempt will be made to make exact measurement until the final completion of the work, when, according to the terms of the contract, the Engineer shall proceed with all due diligence to measure up the work and to inspect all work and materials, and shall render to the owner and to the Contractor a final estimate of all work performed and materials furnished. 40. EXTENSION OF TIME: If, during progress of the work, weather conditions or other circumstances beyond the control of the Contractor should prevail to the extent that the work cannot be executed and completed within the time specified in the contract, the Contractor shall file with the Engineer within twenty (20) days of the occurrence of such delay a request for a credit on the time of completion. However, the Contractor accepts this undertaking at his own risk, as far as weather conditions are concerned, and the C -9 owner shall in no way be bound to grant such an extension. When, in the opinion of the Engineer, weather or other conditions are such that the utility of the project might be endangered if the work were continued, he may order cessation of work during such time. Delay in completion of contract, due to such ordered cessation of work, shall not be charged against Contractor's specified time of completion. 41. PRICE OF MATERIALS: The bidder shall show on his bid (if requested on the BID SHEET) an amount in dollars and cents indicating the bid price of all materials and other tangible personal property included in the total bid. The amount to be shown has reference to all of such.materials and other tangible personal property as are actually incorporated into the final result of the work covered by, seen, weighed, measured, felt or touched or which is in any other manner perceptible to the senses. C -10 • ® SPECIAL CONDITIONS 1. LOCATION AND DESCRIPTION OF WORK The location of the work is in the CITY OF MISSOURI CITY, FORT BEND COUNTY, TEXAS. The scope of the work is covered by Plans and Specifications. 2. TIME OF COMPLETION It is important that this work be completed in a timely manner. The Contractor shall commence work within ten (10) days after the day the written notice to do so has been given him and shall pursue the work to its completion within the working days as specified on the Proposal. 3. PROJECT PLAN SHEETS DESCRIPTION SHEET N0. One se 'd a p d yuments. TT 4. CONTRACTOR RESPONSIBLE FOR SAFETY Contractor will maintain and provide adequate ingress- egress for traveling public during construction operations and overnight. The Contractor shall be responsible for the safety of himself, his employees and other persons during construction. All work shall be done in accordance with Occupational Safety and Health Regulations of the United States Government for construction, State of Texas laws and regulations, Fort Bend County Regulations and.Missouri City ordinances. 5. LIQUIDATED DAMAGES FOR DELAYS It is understood and agreed between the parties .hereto that time is of the essence of this contract d hat for each day of delay beyond the completion date of the contract and (after d o o e i Rd s provided in the contract) the Contractor shall pa i ui s for each day of such delay the sum as stated in the contract. It emg and Pst een the parties hereto that such sum shall be treated as liquidated damages and not as a penalty, and the owners may withhold from the Contractor's compensation such sum as liquidated damages. 6. FACILITIES FOR CONSTRUCTION The Contractor shall familiarize himself as to the working conditions at the site; to roadway, railway, or other approaches to the site available to him; to the availability and ® accessibility of utilities; and to the space available for storage, for working and other factors pertinent to construction. D -1 • • E 7. PERMITS Permits, fees and licenses necessary for the pursuit of the work shall be obtained and paid for by the Contractor. There will be no charge for City of Missouri City permits. 8. COORDINATION WITH THE ENGINEER A temporary office building, telephone, and sanitary facilities SHALL NOT BE REQUIRED to be provided by the paving contractor. He and all other. contractors, if any, shall be required to keep in daily contact with the Director of Public Works and shall have someone on the. job site in responsible charge who can communicate with the Director of Public Works in English, at all times, to whom the instructions of the Director of Public Works may be given. 9. MAINTENANCE OF SITE AND CLEANUP The work site shall be kept reasonably clean at all times. Surplus materials shall be disposed of by the Contractor. In final cleanup operations all equipment, scrap materials, temporary structures shall be removed and the site left clean. 10. PROTECTION AND REPLACEMENT OF PROPERTY Driveways, culverts, storm sewer inlets and laterals, and other public or private property that is destroyed or removed during the construction shall be replace by the Contractor at no extra pay. Suitable temporary bridges shall be placed across trenches blocking driveways in cases where undue hardship to the property owner would result. Temporary drainage is to be provided as necessary. 11. PROTECTION OF TREES, PLANTS AND SHRUBS Care shall be exercised to prevent damages to trees, plants and shrubs along the work site unless otherwise directed by the engineer. No trees, plants or shrubs shall be removed unless it interferes unduly with the construction work. Permission for such removal must first be obtained from the Engineer. Any trees, shrubs, grass, landscaping, etc., damaged by Contractor shall be replaced in equal quality and kind by Contractor at no expense to owner. 12. BARRICADES, WARNING AND DETOURS Adequate barricades and warning devices shall be provided along the work site by the contractor. Lights shall be provided between sunset and sunrise when necessary in the opinion of the Owner. Adequate detours shall be established for streets blocked to traffic. All traffic control shall conform to Manual of Uniform Traffic Control Devices, latest edition. El D -2 ......... __...._ 13. REPAIR OF STREET SURFACES The Contractor shall repair street surfaces to the satisfaction of the Engineer except as noted in the plans, specifications and bid proposal. Compaction of the subgrade up to the surface is to be made by the Contractor. Driveways are considered street surfaces. 14. SUB - SURFACE EXPLORATION The Contractor is responsible, for locating underground obstacles. It is not represented that the Plans show all sewers, water lines, gas lines, telephone lines, and other underground obstacles. 15. PREFERENCE IN EMPLOYMENT Preference of employment shall be given to resident citizens of the area where such persons are available and fully qualified to perform the work to which the employment relates. 16. ANTI - KICKBACK REGULATIONS The Contractor shall comply with the Copeland Act 48, Statute 948 and all amendments or modifications of the original act of June 13, 1934. 17. INTERRUPTION OF UTILITY SERVICES Do not interrupt utility services unless and until necessary. The Contractor is to repair and replace all water, sewer, gas and other utility lines as crossed. The Contractor will contact the utility company concerned before cutting or removing services. No residential services shall be disconnected overnight or during weekends. 18. PROGRESS PAYMENTS The owner shall make payments on account of the contract as provided in the contract. 19. ACCEPTANCE AND FINAL PAYMENT Upon written notice that the work is ready for final inspection and acceptance, the Engineer shall promptly make such inspection, and when he finds the work acceptable under the contract fully performed, he shall promptly issue a final certificate, over his own signature, stating that the work provided for in this contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor including the retained percentages, shall be paid to the Contractor at the office of the owner within fifteen (15) days after the date of said final certificate. The Contractor shall submit satisfactory evidence to the Engineer that all payrolls, material bills and other indebtedness connected with the work have been paid, before final certificate is issued. The making and acceptance of the final payment shall constitute a waiver of all claims by the owner; other than those arising from unsettled liens, from faulty work appearing after final payment or from requirements of the specifications, and of all claims by the Contractor, except those previously made and still unsettled. If after the work has been substantially completed, full compensation thereof is materially delayed through no -fault D -3 of the Contractor, and the Engineer, and without terminating the contract, make payment of the balance due for the portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment except that it shall not constitute a waiver of claims. 20. RIGHT OF ENTRY It is agreed by the Contractor that the Engineer shall be and is hereby authorized to appoint from time to time subordinate Engineers, supervisors, or inspectors as the said Owner may deem proper to inspect the material furnished and the work done under this agreement, and to see that the said material is furnished and said work is done in accordance with the Specifications thereof. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors, or inspectors for the proper supervision and inspection and examination of the work and all parts 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 are consistent with the obligations of this Agreement and the accompanying Specifications, provided, however, that should the Contractor object to any order by any subordinate engineer, supervisor, or inspector, the Contractor may within six (6) days make written appeal to the Engineer for his decision. Except as herein before provided, the authority of subordinate engineers, supervisors, or inspectors shall be limited to the rejection of unsatisfactory work and materials and to the suspension of the work, until the questions of acceptability can be referred to the Engineer. 21. ESTIMATED QUANTITIES_ This Agreement, including the Specifications, Plans and Estimate, is intended to show clearly all work to be done and material to be furnished hereunder. The estimated quantities of the various classes of work to be done and material to be furnished under this Contract are approximate and are to be used only as basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this Contract may differ somewhat from these estimates, and that the basis for payment under this Contract shall be the actual amount of such work done and the material furnished. The Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually furnished under this Contract and the estimated quantities contemplated and contained in the Proposal. 22. SAMPLES AND TESTING The City will select the testing laboratories for the different tests which must be accomplished in a laboratory such as soils, flexible base materials, concrete, etc. and the City will pay for these services directly. Tests conducted in the field, such as hydrostatic testing, will be performed by the Contractor at his expense. The Contractor shall pay for all retesting. D -4 �J At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative samples of materials shall be submitted by the Contractor for testing or examination as described by the Engineer. All tests of materials famished by the Contractor shall be made in accordance with commonly recognized standards. of national organizations and such methods and tests as are prescribed in these Specifications. 23. AS BUILT DRAWINGS At the completion of the work, and before the final acceptance, the Contractor shall provide th c mlete set of "As Built Drawings ". The Contractor shall, during the r 1@ee a Writs marked to show the final locations, final grad le u a ill tes. This set of prints shall be furnished to the Engineer before final acceptan ce o wor . As Built plans shall show elevations of top curbs at P.V.I.'s, and inlets, top of manholes, flow lines of pipes, elevations at the 100' stations of all regraded ditches, etc. and shall be signed by the Registered Public Surveyor responsible for the information. 24. GUARANTEE The work shall be guaranteed to be free from defects due to faulty workmanship or materials for a period of one year from the date of issue to the Certificate of Acceptance. Work found to be improper or imperfect shall be replaced or redone without cost to the Owner within the one year guarantee period. Neither the Certificate of Acceptance, final payment, nor any provision of the contract comments shall free the Contractor from this guarantee. Failure to repair or replace faulty work entitles the Owner to repair or replace the same and recover the costs from the Contractor and/or his Surety. 25. MAINTENANCE Contractor is required to provide a maintenance bond extending..from the date of final acceptance for one year to insure the good condition and repair of the project. 26. COORDINATOR The Contractor shall be responsible for all coordination with the appropriate utility companies, ambulance, police and fire departments to minimize problems in access. 27. SURFACE RESTORATION At the end of all construction projects the Contractor shall restore existing facility (i.e. property) equal to or better than existing site conditions prior to construction. 28. The Contractor shall furnish all materials, equipment, and labor for excavation, installation, backfilling of water mains and sanitary sewers and related appurtenances as shown on the plans and/or described in the specifications. 29. The Con e . 1 ng and storing of all water, storm sewer, and sanit %D5f t sh tractor's responsibility to examine such material t e ' an re ec 1 defective material. The Contractor shall replace the defective material with sound material at his own expense. 30. The loadin and unloading of all pipe, valves, hydrants, manholes and other accessories shall o i e s recommended practices and shall at all times t i age to the material. The Contractor shall locate an p a the necessary s orage areas for materials and equipment. 31. All v t b r t at they are protected from freezing. All pipe shal b o o e y damage relating to the coating of the vari f r art at s shall be repaired. 32. STORAGE AND PROJECT SAFETY The Contractor shall be responsible for safeguarding and protecting all material and equipment stored on the job site. The Contractor shall be responsible for the storage of materials in a safe and workmanlike manner to prevent injuries, during and after working hours, until project completion. 33. All materials and workmanship shall conform to the Texas State Department of Highways and Public Transportation Standard Specifications, 1982, and Texas Manual on Uniform Traffic Control Devices, 1980, and any revisions thereto. 34. TRENCH SAFETY Contractor shall provide sheeting, shoring and bracing as necessary to protect workmen and existing utilities during all phases of construction, as per O.S.H.A. requirements. 35. MATERIAL TESTING All testing procedures used on this project shall conform to the City of Missouri City standards. The initial testing expense shall be borne by the contractor. If any of the test results do not meet the testing standards, it shall be the Contractor's responsibility to remove or replace such material so that the testing standards can be met. Additional testing to comply with these standards shall be at the Contractor's expense. 36. All finished grades shall vary uniformly between finished elevations shown. 37. Contractor shall uncover existing utilities at all "Points of Crossing" to determine if conflict exists before commencing any construction. Notify the Engineer at once of any conflict. 38. The Contractor shall not unload any Track Type construction machinery on any existing pavement or cross over any existing pavement or curb during any project. Any damage resulting from this type of activity shall be immediately removed and replaced at Contractor's sole expense. O 39. The Contractor shall contact and Missouri City Engineering Division at (281) 261 -4280 prior to any construction. 40. At least 72 hours before excavating in the street right -of -way, or easements, call the Utility Coordinating Committee at 223 -4567, and DIG -TESS at 1- 800 - 344 -8377. 41. The Contractor must submit a propos d c nstruction schedule for approval prior to iss SON ad. T I all be updated and resubmitted in printed form to h ct o a thly basis concurrent with all pay applications. If an updated and revised schedule is not submitted along with the monthly pay application, it will be considered incomplete. 42. Any construction items shown on the plans but not listed as a separate proposal item shall be installed as indicated with the cost to be included in the price bid for the related construction item. It is also understood that all items subsidiary to the construction items complete in place and for which there is not a specific pay item are included in the unit bid price for the various construction items. 43. All construction shall conform to the City of Missouri City Standard Detail Sheets. 44. s al P V.C. pipe, C -900, Class 200 P.S.I. All water . ReSel. d er al -900, Class 150 P.S.I. or as specified by W.C.I.D. 422 45. 50ES v N&Tt ty shown on plans and set 3' (three feet) behind back 46 Ae of 4' (four feet) cover from proposed top of curb s e i ay and 4' (four feet) cover from finished grade when OnE Se. i PnPLY AFinPdiYg the extreme event. 47. Pich9s sanitary sewer manholes located within roadside or a j 48. Eai o h r e Feli m}4n horizontal clearance of 9' (nine feet) between ater s s end manholes. 49. A i g e' a v opening and all flushing valves to be ' o 'n Pe�si' be located opposite property line or right -of- -way line extended unless dtherwiseh(Wh. 50. Contractor shall be responsible for verifying location of all existing utilities prior to excavation. l01% 51. On this project it is permissible to use a backhoe for trench excavation in lieu of a trenching machine. 52. A i R�t e 3/4" or 1" at discretion of Engineer. All double w t s a e i?$e - 2" at discretion of Engineer. All water service lead o si e 1 at common lot line unless otherwise shown on plans. 53. o o n i water lines until all proposed water lines have 1 e d, i cted and approved by the Engineer. 54. A t i 1 t u 11 bell, unless otherwise noted (mortar lined). 55. Al e a a 1 e 4" x 4" buried timber which will extend 2' ( pin d blue. 56. All returns shall have a twenty -five (25) foot radius at back of curb unless otherwise noted. 57. All st e ( in r to be Reinforced Concrete Pipe A.S.T.M. C -76 s e lea ffcr s under existing or proposed pavement, unless otherwise noted, and shall have "0" ring joints. 58. Reinforced concrete pipe storm sewer shall be installed, bedded, and backfilled in confo i v i . o ifs ouri City Standard Detail Sheets. Backfill under or within one f o f o e t th cement stabilized sand (1 -1/2 sack per cubic ) t . i s b ding and/or back fill or installation under or within one foot of pavement shall be consi ered as subsidiary to the pay item for pipe and shall not be paid for directly. All normally submerged storm sewer pipe shall be rubber gasketed. C 59. A F vn r Wo 1 sli 1 Missouri City Type "C" unless otherwise nUbt..,V three feet back of curb. 60. Ali &JU Ci f Dr1 o i 61. Fi y "C" unless otherwise noted. 'd roadside ditches shall mean adin ditches n xi g ink s� a' gr g suc n�o oldr P , vatea no extra pay. 62. The following specifications shall be considered a part of these specifications as if attached: a. Texas Department of Transportation 1983 - Standard, Specifications for Construction of Highways, Streets and Bridges as currently amended. 0 IM r1 LJ b. Texas Department of Transportation - 1980 - Texas Manual on Uniform Traffic Control Devices for Streets and Highways as currently amended. C. Texas Department of Transportation - 1980 - Standard Highway Sign Designs for Texas as currently amended. d. Excavating and Trenching Operations - U.S. Department of Labor Occupational Safety and Health Administration 1985 (Revised) OSHA 2226 - as currently amended. e. Texas Department of Health - Water Hygiene Division - Rules and Regulations for Public Water Systems adopted 1978 as currently amended. f. 9. h. I.U.D. Rules and Regulations rrently amended. WD -3, D -6, etc. as currently 63. All water c i ' fected, tested, etc., as per Texas Departmen oh W ie les and Regulations for Public Water Systems ad t 1 1 de . 64. The cost of removal and/or salvage of all existing items such as existing culverts, asphalt pavement and base, fire h drants gate valve boxes, concrete paving, driveway material, t e t is of a em provided, shall be included in the related p c t `m . o a shall verify with the Director of Public Works pnor to disposal if Missouri City desires to keep any of the items removed. If the Director of Public Works desires to keep any of the salvaged items, Contractor shall deliver these items to a location within Missouri City Limits as directed by the Director of Public Works. 65. The construction area may contain private electrical, irrigation systems, .etc. Contractor shall protect, maintain and/or relocate as necessary to accommodate proposed construction. At no extra pay. 66. Prior to commeh �g�on ` b1oh —T Al field locate all existing water and I a k ...: sanitary seweriiser: ce ead 0 le z3 a iol, size and depth. Contractor shall then submit for ty� ri ''ri rg appt'ovhl {proposed re ocation diagrams such that all service lines are reconstructed to accommodate proposed construction. 67. Elevations shown ofidhe plansy4or fop of iiMol& are for the Contractors convenience. Should finished .grade vary from elevations sfib A , Contractor shall make final field D -9 • 0 adjustments to manhole tops, fire hydrants, valve boxes, etc., as necessary to fit final grade at no extra pay. 68. The Contractor shall satisfy himself as- to the amount of material to be excavated to provide the finished grades shown on the plans since he will only be paid for the quantity sho the s "r a i ". 69. Brick u t p e for storm sewer. 70. Where proposed utilities cross existing driveway or roadway paving Contractor may open cut or bore and jack pipe at his option. Should Contractor elect to open cut, trench shall be ba e M,o il' RII ottom of proposed pavement and travel surfac 1 e a ilized base and 1 -1/2 inch type "C" H.M. ct s ntain open and unobstructed access until permanent paving surface is constructed. The cost of the above shall be included in the unit price bid for water main, sanitary sewer and storm sewer. 71. The paving contractor shall be issued two separate work orders for paving. The first work order shall be issued for all paving items except the proposed concrete paving. The second work order shall be issued for the proposed concrete paving after the contractor has constructed two concrete pavement test panels a minimum of 25'x 40' in size at a purpose of satisfaction Director of Public Works). The actor's placement techniques to the these panels fail what the Director of Public Works would consider final acceptance inspection, the panels will be removed and replaced. The cost of the above phase of construction shall be included in the unit price bid for final concrete pavement placed and accepted at no extra pay. 72. The onl r e th s i fa t of concrete, based solely on the City Enginee o can I nRo Aa rTreLlayement at no extra pay. 73. The unit 'c i - emo a alvage and re- install existing fences shall include the cost to remov v -i e_ Ila aterials, posts, gates, etc., to a location at or behi dot g �t may AVg a uality as good as or better than now exists. 74. The cost to %s fft plans including seeding.and fertilizing pnbli' as fIorii t h "b' �ankshall be included in the unit price bid for storm sewer. 75. Contractor shall coordinate with Director of Public iWorks to allow for removal and salvage by Missouri City of any existing trees or other landscaping materials prior to clearing and grubbing or removal and disposal of these items. D -10 r o 0 76. Seeding and feet' ' 1 i f n areas from right -of -way line to right -of -way lin o t str its of paving construction. Areas outside these li * t d o a shall receive seeding and fertilizer with the cost included in the related construction item. No extra pay. 77. No "City DOESe @TIAP ttanhole tops, grates, etc. 78. All Topping, Paving, Structural Construction, etc., shall conform to the S.D.H.P.T. 1982 Standard Specifications for Construction of Highways, Streets and Bridges; Divis I EJ; lb Division c c Ao RaY Division IV Structures Division V Incidental Construction Division VI Lighting and Signing Except as specifically instructed in writing by the Director of Public Works. 79. In addition to the insurance required in paragraph "F" of the Construction Contract, the Paving Contractors shall obtain Excess Liability Umbrella Form P.I. & P.D. combined for a minimum of $2,000,000.00 total coverage. 80. The beddin . o o ij �n i shall consist of encasing the pipe in six inches - i ' d � remaining trench will natural soil to 95% density of the standai`d roctdr. 81. The contractor shall submit a traffic control plan, for approval by the City, prior to commencing work. 82. The contractorphal•a i cr ritl er 1 remove the septic tank and properly dispose of it ofd s 1 l Ae i Llwith cement- stabilizied sand and abandon in pla t D -11 n CTI'Y OF MISSOUR PREVAILING WAGE j FEBRUARY, 1 CLASSIFICATI Air Tool Man Asphalt Heaterman Asphalt Raker Asphalt Shoveler j Carpenter Rough Carpenter Helper, Rough Concrete Finisher (Paving) Concrete Finisher Helper (Paving) Concrete Finisher (Structures) Concrete Finisher Helper (Structures) Concrete Rubber Electrician Electrician Helper, Junior Form Builder (Structures) Form Builder Helper (Structures) Form Liner (Paving and Curb) Form Setter (Paving and Curb) Form Setter Helper (Paving and Curb) Form Setter (Structures) Form Setter Helper (Structures) Laborer, Common Laborer, Utility Man Manhole Builder, Brick Mechanic Mechanic Helper Oiler Painter (Structures) Painter Helper (Structures) Piledriverman Pipe Layer Pipe Layer Helper �I E -1 i CITY • RATES RATE 7.50 7.05 7.39 6.88 9.87 7.95 9.08 7.04 9.08 7.16 7.05 13.90 9.34 9.26 6.93 8.00 7.63 6.69 7.84 6.83 5.86 6.75 9.43 10.50 8.39 7.67 10.00 6.50 10.30 7.58 6.36 v E -2 i Power Equipment Operators Asphalt Distributor 7.85 Asphalt Paving Machine 9.01 Bulldozer, 150 HP 8.49 Bulldozer, Over 150 HP 9.00 Concrete Paving Curbing Machine 8.68 Concrete Paving Finishing Machine 9.57 Concrete Paving Form Grader. 9.39 Concrete Paving Joint Sealer 8.93 Concrete Paving Saw 8.72 Concrete Paving Spreader 9.00 Crane, Clamshell, Backhoe, Derrick, Dragline Shovel (less than 1 1/2 CY) 9.12 Crane, Clamshell, Backhoe, Derrick, Dragline Shovel ( 1 1/2 CY and Over) 10.50 Elevating Grader 10.05 Foundation Drill Operator, Truck Mounted 9.00 Front End Loader (2 1/2 CY and Less) 7.81 Front End Loader (Over 2 1/2 CY) 8.96 Mixer (Concrete Paving) 9.35 Motor Grader Operator, Fine Grade 9.72 Motor Grader Operator 9.01 Roller, Steel Wheel (Plant -Mix Pavements) 7.39 Roller, Steel Wheel (Other - Flatwheel or Tamping) 7.00 Roller, Pneumatic Self- Propelled 6.83 Scrapers (17 CY or Less) 7.64 Scrapers (Over 17 CY) 7.80 Tractor (Crawler) 150 HP and Less 9.67 Tractor (Crawler) Over 150 HP 10.50 Trenching Machine, Heavy 9.50 Reinforcing Steel Setter (Paving) 7.31 Reinforcing Steel Setter (Structures) 9.15 Reinforcing Steel Setter Helper 7.03 Steel Worker (Structural) 10.00 Steel Worker Helper (Structural) 7.50 v E -2 Electrical Workers 13.00 i The City of Missouri City shall not be responsible for increased cost to contractor for wages paid for overtime or holiday work. 7 E -3 III • ,- Truck Drivers I Single Axle, Light 7.07 Single Axle, Heavy 7.67 Tandem Axle or Semi - Trailer ! 7.79 Lowboy - Float 8.85 Welder 9.21 Welder Helper 8.00 Serviceman 7.87 i Water Wells Water Well Driller 9.75 Water Well Driller Helper 8.50 Water Well Derrickman 8.45 Deep Well Turbine Pump Rig Operator 9.80 Deep Well Turbine Pump Rig Helper 8.80 Boilermakers 12.50 Bricklayers 11.37 Carpenters 10.50 Carpet and Floor Cover 11.80 Cement Masons 10.00 Electrical Workers 13.00 i The City of Missouri City shall not be responsible for increased cost to contractor for wages paid for overtime or holiday work. 7 E -3 r1 u ATTACHMENT "A" INSURANCE SECTION A. Prior to the approval of this contract by the City, Contractor shall furnish a completed insurance certificate to the Purchasing Agent, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. CITYSHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEENDELIVERED TO THE CITY, and no officer or employee of the City shall have authority to waive this requirement. A. 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, 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 projects - 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 City. Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independence 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. B. Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. F-1 C. The Contractor must provide a certificate of coverage to the Purchasing Agent. 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 Purchasing Agent. E. The contractor shall obtain from each person providing services on a project, and provide to the City: (1) a certificate of coverage, prior to that person beginning work on the project, so the City of Missouri City will have on file certificate of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the City 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. H. 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. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based-on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is. being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; F -2 C ® A (4) obtain from each other person with whom it contracts, and provide to the contractor; (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period. If the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the City in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the City that all employees of the contractor who will provide services on the project will be covered by Workers' Compensation Coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. INSURANCE COVERAGE REQUIRED SECTION B. CITY reserves the right to review the insurance requirements of this section during the effective period of the contract and to adjust insurance coverages and their limits ® when deemed necessary and prudent by CITY based upon changes in statutory law, court decisions, or the claims history of the industry as well as the CONTRACTOR. F -3 I 2 TYPE Worker's Compensation and Employers Liability Commercial General (public) Liability insurance including coverage for the following: a. Premises operations b. Independent contractors C. Products /completed operations d. Personal injury e. Advertising injury f. Contractual liability g. Medical payments h. Underground hazard* i. Explosion and collapse hazard* j. Liquor liability* k. Fire legal liability* 1. City's property in Contractor's* care, custody, or control AMOUNT Statutory $100,000/500,000/100,000 Combined single limit for bodily injury and property damage of $500,000 per occurrence or its equivalent. * Optional, depending on the exposure of the contracted work. 0 3. Comprehensive Automobile Combined single limit for Liability insurance,including bodily injury and property coverage for loading and damage of $500,000 per unloading hazards, for: occurrence or its eqivalent. a. Owned/leased vehicles b. Non -owned vehicles C. Hired vehicles ADDITIONAL POLICY ENDORSEMENTS CITY shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or. the underwriter of any of such policies). Upon such.request by CITY, CONTRACTOR shall F -4 exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS CONTRACTOR agrees with the respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Missouri City and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to City for cancellation, nonrenewal, or material change; C. Provide for an endorsement that the "other insurance" clause shall no apply to the City of Missouri City where CITY is an additional insured shown on the policy; d. Provide for notice to City at the two addresses shown below by registered mail; e. CONTRACTOR agrees to waive subrogation against the City of Missouri City, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; f. Provide that all provisions of this agreement concerning liability, duty, and standard of care together wit the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. g. For coverages that are only available with claims made policies, the required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period) and an extended discovery period for a minimum of 5 years which shall begin at the end of the warrant period. NOTICES CONTRACTOR shall no CITY in the event of any change in coverage and shall give such notices not less than 30 days prior to the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. F -5 • All notices shall be given to CITY at the following address: City of Missouri City Finance Department Attn: Charles Oberrender P.O. Box 666 Missouri City, Texas 77459 SECTION C. Approval, disapproval, or failure to act by CITY regarding any insurance supplied by CONTRACTOR shall not relieve CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate CONTRACTOR from liability. F -6 SPECIFICATIONS A. It is the intent of the City to obtain pricing for the concrete pavement raising services as described herein. This is a turnkey project and bid shall include all labor, materials and freight. Any deviation from the specifications must be clearly noted and is subject to approval by the Purchasing Manager. Quantities are estimated and the City reserves the right to increase or decrease as budgetary requirements dictate. B. Project requires the lifting and stabilizing of concrete roadway in various locations throughout the City. The deflection of grade varies widely from 3/4" to 9 ". The Center line of street is considered on grade unless otherwise stated by the project manager. C. Saw cutting, if required, will be incidental. D. The City will provide water for mixing of materials and site cleanup. Water will be taken from fire hydrants in the area. The City will provide a meter and backflow preventer. E. Upon completion of concrete raising, new cracking in street will be routed and sealed in accordance with City standards at no additional charge. F. The City requires a one year warranty for the work performed. Submit your bid on the bid sheet in Section A. Specifications -1 e. 0 I • SECTION 1.70 CLEANING AND ADJUSTING ill =e011•�il 1.1 Responsibility a. The Contractor is responsible for cleaning and adjusting the work. If the Contractor fails to clean and adjust the work, the Owner may do so and charge the resulting costs to the Contractor. b. Detailed cleaning and adjusting requirements for specific trades or work are specified in sections pertaining to that trade or work. 1.2 Requirements of Regulatory Agencies a. Fire Protection. Store volatile waste in covered metal containers and remove from premises daily. b. Pollution Control. Conduct cleaning and disposal operations in compliance with local ordinances and anti - pollution laws. 1. Burning or burying of rubbish and materials on the project site is not permitted. 2. Disposal of volatile fluid wastes and other chemical wastes in storm or sanitary sewer systems or into streams or waterways is not permitted. C. Safety Standards. Maintain the project in accordance with safety and insurance standards. 2.0 PRODUCTS Use only cleaning materials recommended by the manufacturer of the surface to be cleaned. Employ cleaning materials as recommended by the cleaning material manufacturer. 3.0 EXECUTION 3.1 During Construction a. Oversee cleaning and insure that the premises are maintained free from accumulation of waste material and rubbish. Do not allow waste materials, rubbish and debris to accumulate and become unsightly or 170 -1 • � w create a hazard. Provide containers and locate on site for collection of waste material, rubbish and debris. b. At reasonable intervals during progress of work, collect and dispose of waste material, rubbish and debris. Handle waste; in a controlled manner, do not drop or throw materials from heights. C. Remove waste materials, rubbish and debris from the site and legally dispose at public or private dumping areas off the project site. 3.2 Final Cleaning and Adjusting a. Use experienced workmen or professional cleaners for final cleaning. b. Remove grease, dust, dirt, stains, paint, oil, labels, fingerprints and other foreign materials from interior and exterior surfaces. Repair, patch and touch up marred surfaces to match adjacent finishes. C. Broom clean paved surfaces; rake clean other surfaces of grounds. d. Clean and service all air filters and pipe strainers. Replace disposable air filters if dirty. e. If installed features of the work fail to operate or operate improperly, make the necessary adjustments to permit and insure proper operation. Remove and repair or replace maladjusted items if necessary for proper adjustment. f. Remove all waste materials and rubbish from the project area, as well as all tools, construction equipment, machinery, surplus materials and temporary facilities. g. Immediately prior to acceptance or occupancy, conduct a final inspection of exposed interior and exterior surfaces to verify that the work is properly cleaned. Maintain cleaning until the premises are occupied by the Owner. 3.3 Adjacent Areas To the Owner's satisfaction, clean or repair adjacent areas affected by the construction. Remove dust and debris in the adjacent area. Repair, patch and touch up marred surfaces to match adjacent finishes. 170 -2 Q r' - • SECTION 2.12 WASTE MATERIAL DISPOSAL 1.0 GENERAL 1.1 Scope Waste material disposal consists of disposal of trees, brush, vegetation, rubbish and other objectionable matter from operations such as clearing and grubbing, demolition, excavation and grading. Unless otherwise specified, the Contractor is responsible for removal and disposal of waste material. 1.2 Payment No separate payment will be made for work or materials performed under this section. 2.0 PRODUCTS Specific products are not required. Use equipment.-and materials necessary to properly complete disposal of waste materials. 3.0 EXECUTION 3.1 Disposal Area All items will be taken completely off the construction site and disposed of properly. No extra pay. 2.12-1 C7