HomeMy WebLinkAbout2010 BAY FOREST GOLF COURSE TUNNEL HEADWALL REPAIR_UNKNOWNSPECIFICATIONS AND CONTRACT DOCUMENTS
FOR CONSTRUCTION OF
2010 LA PORTE BAY FOREST
GOLF COURSE TUNNEL
HEADWALL REPAIR PROJECT
CITY OF LA PORTE, TEXAS
HARRIS COUNTY, TEXAS
February 2010
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR CONSTRUCTION OF
2010 LA PORTE BAY FOREST GOLF COURSE
TUNNEL HEADWALL REPAIR
FOR
CITY OF LA PORTE, TEXAS
IN
HARRIS COUNTY, TEXAS
TABLE OF CONTENTS
I/p Pages
'ING REQUIREMENTS I
Invitationto Bid...................................................................................
Scopeof Work.................................................................................... 2
Supplemental Scope of Work................................................................ 1
Instruction to Bidders........................................................................... A-4
QuoteForm........................................................................................... 1
.43aec8id-PropIIsaT .............................................................................. BP-1
Staternlgfif—o aerials r Charges ............................................... 1
......................................................................................... 1
CONDITIONS OF THE CONTRACT
Standard Form of Agreement.............................................................................. SF-1
PerformanceBond............................................................................... 2
PaymentBond.................................................................................... 2
General Conditions of the Contract................................................................ 1
K5peei9W,Q;Witi ns............................................................................................... SC-1
Supplementary Condition to the Agreement .............................................. SC-7
TECHNICAL SPECIFICATIONS
Anchor Pro Retaining System.................................................................. 10
Retaining Wall Details............................................................................ 8
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MWI
i
City of La Porte
Bayforest Golf Course Repairs
Cart TunnalHeadwalls Project Scope
Proiect issue descriution
The existing cart tunnel headwalls consist of wooden bulkheads. The walls are unstable.
Additionally, the drainage around the wall is poor and has caused erosion and flooding
that has exacerbated issues related to wall stability.
Proiect work desWption
Remove and dispose of existing timber retaining wall and material. Remove and dispose
of 2 foot concrete wall on top of existing reinforced box culverts. Disconnect electrical
line to sump pump for construction of the wall while running a temporary electrical line
tp maiptain.the $Amp pumps operational capability throughout construction.
Install approximately 94 4F of segmental retaining wall at each entrance of the existing
reinforced concrete box. The wall height varies from 2 to 15 feet in height. Anchor
Diamond Pro segmental retaining.walls or an equivalent approved material is to be used
for construction. Refer to w vow vayestonac onVoontent/viow/2741596 for details. The
existing cart path shall be protected during construction and the adjacent slopes shall be
graded to tie in, to the top of wall elevation around the entire perimeter of the tunnel
opening and then back down to existing grade at a 5:1 slope to ensure positive drainage
away from the cart tunnel opening. The wall shall be constructed per NCMA
construction guidelines. The construction shall include the following installations:
crushed aggregate leveling pad, SRW block with 12" free draining aggregate and core fill
block, 4" perforated drain tile, geosynthetic re -enforcement as per submitted plans and
design, compacted baddill and filter fabric separator, and SRW caps with concrete
adhesive. In addition, the sump pump shall be reconnected after the proposed wall is
constructed and the disturbed area shall be sodded to match golf course existing
conditions. Please reference the attached golf course cart tunnel plan for additional
information.
Additional project requirements include an engineered submittal to CobbFeudley for
review and approval, a proposed wall alignment marked onsite by contractor and
approved by engineer prior to construction, and coordination with TX DOT as needed for .
access to the project site from McCabe Road.
1 of 1
November Zoos
EX. T(
EX.
2010 LA PORTE BAY FOREST GOLF COURSE
TUNNEL HEADWALL REPAIRS
SUPPLEMENTAL SCOPE OF WORK
• Contractor shall contact Bruce Cash with TXDOT 24 hours prior to mobilizing the site;
• Contractor shall solid sod all disturbed areas within the Golf Course boundary with 419
hybyrid bermuda grass;
• Soils in conjunction with the brick retaining wall shall be compacted in accordance to
the manufacturer specifications, all other soils shall be compacted equaling the density
of the adjacent soil;
• Contractor shall coordinate each day's activity with the course's golf pro, Alex Osmond;
• The City's representative shall be Reagan Mc Phail (281-470-5065)
• All left over materials shall be removed from the site prior to the project's close out;
• No City permits are anticipated to be required of this project, however in the event a
permit is deemed required the fee shall be waived;
• The City shall secure a geotechnical firm to test soil compaction. The City shall be
responsible for the cost of all tests meeting the minimum passing criteria, the cost of
tests not meeting the minimum standards deducted from the final pay application.
I
CITY OF LA PORTE
QUOTE FORM
The City of La Porte is requesting quotes on the City of La Porte 2010 Bay Forest Golf
Course Tunnel Repairs. Any exceptions to the following specifications must be noted in
detail. Be sure to include all charges, including freight, handling, delivery, and any other fees.
Quote must be returned on this form. Prices shall be firm for a minimum of thirty (30) days.
Please submit your quotes to the Purchasing Department, fax number 281-470-5127, by
If more information is needed, please contact Reagan McPhail at 281-470-5065 or e-mail:
mcphailr@ci.la-porte.tx.us
SPECIFICATIONS
Complete and in place
Headwall, Earthen Berm, Site Grading,
419Bermuda Grass
UNIT EXTENDED
EST. QTY PRICE PRICE
1 Lump Sum
Total $
Freight/Delivery $ (if estimated, state "not to exceed" price)
Itemize any additional fees or charges: You may use another sheet, if necessary.
TOTAL COST $ (price shall be firm and may not be exceeded)
State delivery time ARO (after receipt of order) days
Vendor Name:
Phone M
Contact name:
Signature:
STANDARD FORM OF AGREEMENT
THIS AGREEMENT, made this _ day of , by and
between the CITY OF LA PORTE, hereinafter called "Owner", acting herein
through its CITY MANAGER and (Name of
Contracting Firm)
Strike out inapplicable terms: (a corporation) (a partnership) or (an individual)
doing business as: hereinafter
called "Contractor."
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER,
the CONTRACTOR hereby agrees with the OWNER to commence and
complete the construction described as follows:
2010 LA PORTE BAY FOREST GOLF COURSE
TUNNEL HEADWALL REPAIR
hereinafter called the project, for the Total Price of
($ ) and all extra work in connection therewith, under the terms
as stated in the General and Supplementary Conditions of the Contract; and;
Further, that the CONTRACTOR agrees, at his (its or their) own proper
cost and expense, to furnish all the knowledge, materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other accessories and
services necessary to complete the said project in accordance with:
A. The terms and conditions stated in the Bid Proposal and in the
General Conditions, and Supplementary Conditions of this Contract; Scope of
Work, Instructions to Bidders, Sidewalk Location Documents, and Bid Form.
B. The plans, which include all maps, plats, blue prints, and other
drawings and printed or written explanatory matter thereof; and
C. The Specifications and other contract documents therefore, as
prepared by the City of La Porte, all of which are made a part hereof and
collectively evidence and constitute the contract.
SF-1
The CONTRACTOR hereby agrees to commence work under this contract on or
before a date to be specified in a written "Notice to Proceed" of the Owner and to
fully complete the project within _ calendar days thereafter.
The CONTRACTOR further agrees to pay, as liquidated damages, the
sum of $500 or each consecutive calendar day thereafter as hereinafter provided
in Paragraph SC-5 of the Supplementary Conditions.
IN WITNESS WHEREOF, the parties to these present have executed this
contract, each of which shall be deemed an original, in the year and day first
above mentioned.
City of I a Porte
r
Name of Owner
SEAL
Attest:
By: By:
Ron Bottoms Martha Gillett
City Manager Title: City Secretary
SEAL
Name of Contracting Firm
By:
Signature of Authorized Person
Title of Authorized Person Witness
Address and Zip Code
City Attorney
SF-2
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF HARRIS §
KNOW ALL MEN BY THESE PRESENTS: That of the
City of County of and State of , as
principal, and authorized under the laws of the State of
Texas to act as surety on bonds for principals, are held and firmly bound unto
The City of La Porte (Owner), in the penal sum of
dollars ($ ) for the
payment whereof, the said Principal and Surety bind themselves, and their heirs,
administrators, executors, successors and assigns, jointly and severally, by these
presents
WHEREAS, the Principal has entered into a certain written contract with the
Owner, dated the day of 2010, to which contract is hereby
referred to and made apart hereof as fully and to the same extent as if copied at
length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
the said Principal shall faithfully perform said Contract and shall in all respects
duly and faithfully observe and perform all and singular the covenants, conditions
and agreements in and by said contract agreed and covenanted by the Principal
to be observed and performed, and according to the true intent and meaning of
said Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void; otherwise to remain in full force and effect;
"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions
of Vernon's Texas Codes Annotated, Texas Government Code, Chapter 2253, as
amended and all liabilities on this bond shall be determined in accordance with
the provisions of said Article to the same extent as if it were copied at length
herein."
Surety, for value received, stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract, or to the work performed
thereunder, or the plans, specificabons, or drawings accompanying the same,
shall in any way affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to the terms of the
contract, or to the work to be performed there under.
PP-1
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed
this instrument this day of 2010
Principal
By:
Title:
Address:
Surety
IN
Title:
Address:
The name and address of the Resident Agent of Surety is:
PP-2
PAYMENT BOND
STATE OF TEXAS
COUNTY OF HARRIS
KNOW ALL MEN BY THESE PRESENTS: That of the
City of County of and State of , as
principal, and authorized under the laws of the State of
Texas to act as surety on bonds for principals, are held and firmly bound unto
The City of La Porte (Owner), in the penal sum of
payment whereof, the sau
administrators, executors,
presents:
dollars ($ ) for the
I Principal and Surety bind themselves, and their heirs,
successors and assigns, jointly and severally, by these
WHEREAS, the Principal has entered into a certain written contract with the
Owner, dated the day of , 2010, to which contract is
hereby referred to and made apart hereof as fully and to the same extent as if
copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
the said Principal shall pay all claimants supplying labor and material to him or a
subcontractor in the prosecution of the work provided for in said contract, then,
this obligation shall be void; otherwise to remain in full force and effect;
"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions
of Vernon's Texas Codes Annotated, Texas Government Code, Chapter 2253, as
amended and all liabilities on this bond shall be determined in accordance with
the provisions of said Article to the same extent as if it were copied at length
herein."
Surety, for value received, stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract, or to the work performed
thereunder, or the plans, specifications, or drawings accompanying the same,
shall in such change extension of time, alteration or addition to the terms of the
contract, or to the work to be performed thereunder.
PP-3
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed
this instrument this day of 2010.
Principal
By:
Title:
Address:
Surety
M
Title:
Address:
The name and address of the Resident Agent of Surety is:
PP-4
DOCUMENT 00700 — GENERAL CONDITIONS
1. The General Conditions of the Contract for Construction, the Standard General
Conditions of the Construction Contract, dated 1996, is hereby referred to and
made a part hereof as fully and to the same extent as if copied at length herein.
2. A complete copy may be reviewed at the City's Planning Department's office or
purchased from the National Society of professional Engineers, 1410 King Street,
Alexandria, Va. 22314.
END OF DOCUMENT 00700
00700-1
SUPPLEMENTARY CONDITIONS OF THE AGREEMENT
SC-1 PRECEDENCE: These supplementary conditions of the Agreement are a supplement and
where in conflict, they take precedence over the 'Standard General Conditions of the
Construction Contract' of this Specification.
SC-2 OWNER/ENGINEER: The word "OWNER" in these Specifications shall be understood as
referring to the City of La Porte, Texas. The word "ENGINEER" in these Specifications shall be
understood as referring to the City Engineer for the City of La Porte, Texas.
SC3 SCOPE OF WORK: The work to be performed under this contract consists of furnishing all
materials, labor, supervision, tools, and equipment necessary to complete the work.
SC-4 TIME OF COMPLETION: The CONTRACTOR shall complete the work as provided in the
Contract Documents and within the time limitations described in the bid proposal, Sequence of
Work, unless otherwise stipulated to proceed. Calendar days shall be computed beginning and
inclusive of the first day of the Notice to Proceed. CONTRACTORS shall notify OWNER in writing
48 hours prior to start of construction. The time of completion shall include delivery time of all
equipment and materials required to complete the work in conformance with the Drawings and
Specifications.
SCS LIQUIDATED DAMAGES FOR DELAY: It is understood and agreed between the parties
hereto that time is of the essence of this Contract, and that for each calendar day of delay beyond
the completion date (after due allowance for such extension of time as provided herein) the
CONTRACTOR shall pay the OWNER as liquidated damages the sum of five hundred dollars
($500.00), it being understood between the parties hereto that such sum shall be treated not as a
penalty, but as liquidated damages for loss of revenue to the OWNER.
SC-6 GUARANTEE: The CONTRACTOR shall furnish the OWNER with a written guarantee on
all workmanship and materials provided by him for the project The written guarantee shall be
made out to the OWNER and in a form satisfactory to the OWNER, guaranteeing all of the work
under the Contract to be free from faulty materials in every particular, and free from faulty
workmanship, and against injury from proper and usual wear, and agreeing to replace or to re -
execute without cost to the OWNER such work as may be found to be imperfect or improper, and
to make good all damage caused to other required replacement or re -execution. The guarantee
shall be made to cover a period of one year from the date of Certificate of Substantial Completion
under this Contract. This guarantee must be furnished to the OWNER for approval, prior to
acceptance and final payment. Neither the final certificate nor payment nor any provision in the
Contract Documents shall relieve the CONTRACTOR of the responsibility for neglect or faulty
materials or workmanship during the period covered by the guarantee.
SC-7 MATERIALS AND WORKMANSHIP: No material which has been used by the
CONTRACTOR for any temporary purpose whatever is to be incorporated in the permanent
structure without written consent by the OWNER.
SC-8 SANITARY FACILITIES: The CONTRACTOR shall maintain sanitary facilities at a location
satisfactory to the OWNER, for use by the employees of the CONTRACTORS. They shall be well
ventilated, but provide proper concealment, and shall be kept scrupulously dean at all times by
the CONTRACTOR. The facilities shall be removed and the site restored to its original condition
upon the completion of the work. All such facilities shall conform to the requirements of the state
and local health authorities, ordinance and law.
SC-6
SC-9 INCONVENIENCES TO THE PUBLIC: It is the declared and acknowledged intent of these
specifications that all work such as backfilling of excavations, removing forms, repairs to roads
and drives, and clean-up or other such operations shall follow as closely as practical to the laying
or installing operations, in such a manner that the public is not unnecessarily inconvenienced nor
a hazard to public safety created. Any specific limitation in the technical specifications referring to
the control of the 'follow-up" operations, such as the minimum distance of unfilled trench allowed
behind the excavating operations, shall be strictly enforced. The OWNER or OWNER'S
representative will notify the CONTRACTOR if his forces and/or equipment are insufficient to
such a degree that the public is unnecessarily inconvenienced and/or a hazard to the public
safety is created. The CONTRACTOR, upon notification by the OWNER or OWNER'S
representative shall make necessary changes to his forces and/or equipment.
SC-10 PERMITS: Permits and licenses of a temporary nature necessary for the prosecution of
the work shall be secured and paid for by the CONTRACTOR. Easement, right-of-way and
instruments of a permanent nature shall be secured and paid for by the OWNER. CONTRACTOR
shall obtain all required permits from the City of La Porte and any other affected agency.
SC-11 CLEAN-UP: The CONTRACTOR shall at all times keep the site and structures or facilities
thereon free from accumulations of waste material, debris or rubbish caused by his employees or
work; at the completion of the work he shall remove from the site all his tools, surplus materials,
debris, and shall leave the site and his work "broom clean" or the equivalent, unless otherwise
noted on the drawings or specified by the OWNER. If directed, the CONTRACTOR shall
promptly clean up the site to the satisfaction of the OWNER at no additional cost to the OWNER.
SC-12 OPERATIONS AND BUSINESS OF THE OWNER: It is of great importance that the
OWNER'S operations meet with a minimum of interference resulting from the work requiring by
these Contract Documents. The CONTRACTOR shall, therefore, conduct his work in such a
manner as to permit these continued operations and so as not to interfere with the business of
the OWNER. The CONTRACTOR shall use the route of entry designated by the ENGINEER at
the pre -construction meeting and restrict all his vehicle and personnel to this route and to the site.
The blocking or hindering of traffic will not be permitted.
SC-13 SEPARATE CONTRACTS: The OWNER reserves the right to let other contracts in
connection with this work. The CONTRACTOR shall afford other contractors reasonable
opportunity for the introduction and storage of their materials and the execution of their work and
where required, shall properly connect and coordinate his work with theirs.
SC-14 RIGHTS OF VARIOUS INTERESTS: Wherever work being done by the OWNER'S forces
or by other contractors contiguous to work covered by this contractor, the respective rights or the
various interests involved shall be established by the OWNER or his resident inspector, to secure
the completion of the various portions of the work in general harmony. CONTRACTOR shall issue
work schedules in conflicting areas as requested by the OWNER or his resident inspector.
SC-16 STORAGE OF MATERIALS AND EQUIPMENT: Any material which has deteriorated,
become damaged or otherwise unfit for use, shall not be used in the work. Any material or
equipment must be stored at a location directed by the ENGINEER at the pre -construction
meeting. Upon completion of all work, or when directed by the OWNER, the CONTRACTOR shall
remove such storage facilities or equipment form the site.
SC-16 PUBLIC UTILITY OBSTRUCTIONS: Pipe lines and other existing underground structures
in the vicinity of the work are shown on the drawings according to the best information available
to the OWNER. The OWNER does not guarantee the accuracy of this information. The
CONTRACTOR shall make every effort to locate all underground utilities by prospecting in
advance of trench excavation. The cost of repair of existing utilities damaged by the
CONTRACTOR shall be bome by the CONTRACTOR, and shall be scheduled so as to cause the
least possible inconvenience to the public.
SC-7
Any delay or extra cost to the CONTRACTOR caused by pipe lines or other underground
structures or obstructions not shown on the plans or found in different locations than those
indicated, shall not constitute a claim for extra work, additional payments, or damages.
SC-17 SUBLETTING THE WORK: The CONTRACTOR shall perform with his own organization
and with the assistance of workmen under his immediate supervision, work not less than fifty
percent (50%) of the value of all work embraced in the Contract exclusive of items not commonly
found in contracts for similar work or which requires highly specialized knowledge, craftsmanship
and/or equipment not ordinarily available in the organizations of the contractor's performing work
of the character embraced in the Contract. No portion of the work covered by these
specifications and materials, shall be sublet without written permission from the OWNER. If the
CONTRACTOR sublets any part of the work to be done under this Contract, he will not under any
circumstances be relieved of his responsibility and obligations. All transactions of the OWNER will
be with the CONTRACTOR. Subcontractors will be considered only in the capacity of employees
and/or workers and shall be subject to the same requirements as to character, competency,
wages and hours. The OWNER will not recognize any subcontractor on the work. The
CONTRACTOR shall at all times, when the work is in operation, be represented either in person
or by a qualified superintendent or other designated representative. A complete list of
subcontractors must be submitted within ten (10) days after start-up.
SC-18 PROTECTION OF EXISTING FACILITIES: The CONTRACTOR shall use construction
equipment, labor, or techniques to insure that existing facilities such as but not limited to, existing
utilities are not damaged. A careful pre -construction inspection of existing facilities will be made
with the OWNER and the CONTRACTOR.
SC-19 PROTECTION OF TREES AND,. SHRUBS: Any trees, shrubs, plants, or ornamental
growth within the right-of-way, not directly interfering with the construction of the road bed,
sidewalks, driveways or sewer shall be protected from damage by the CONTRACTOR. Any tree,
shrub, plant or ornamental growth that interferes with the construction of the roadway, sewers,
sidewalks or driveways shall be relocated to a location satisfactory to the adjoining property
owner outside of the street right-of-way. Large trees not conducive to moving shall be removed
and disposed.
SC-20 PROJECT SCHEDULING: CONTRACTOR shall coordinate all work with OWNER.
SC-21 WATER FOR CONSTRUCTION AND TESTING: CONTRACTOR may obtain water for
construction and testing from the City of La Porte. A construction meter will be provided at no
cost to the CONTRACTOR for the duration of construction. The CONTRACTOR shall be
required to pay for the water he uses.
SC-22 OPERATION OF EXISTING FACILITIES: The City of La Porte shall operate all existing
facilities (i.e., It stations, valves, fire hydrants) during construction.
SC-23 OWNER'S PROPERTY INSURANCE: Owner shall not be required to provide any
additional property insurance coverage under this contract.
SC-24 REQUIRED CONTRACTOR INSURANCE: CONTRACTOR shall obtain insurance as
detailed. Each policy obtained by the CONTRACTOR for work with this contract, with exception of
the Worker's Compensation policy, shall name the OWNER and the ENGINEER as an additional
insured. The coverage and amounts designated are minimum requirements and do not establish
limits of the contractor's liability. Additional coverage may be provided at the CONTRACTOR'S
option and expense. Insurance must include:
General Liability:
Commercial General Liability
SC-8
General Aggregate
Personal Injury
Each Occurrence
Automobile Liability:
Combined Single Limit
Excess Liability:
Umbrella Each Occurrence
Each Aggregate
Workers Compensation:
A. Definitions:
$1,000,000.00
$1,000,000.00
$1,000,000.00
$1,000,000.00
$1,000,000.00
$1,000,000.00
Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of
authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-
82, TWCC-83 or TWCC-84), showing at a minimum the statutory workers' compensation
insurance coverage as required by the State of Texas for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project
until the contractors work on the project has been completed and accepted by the OWNER.
Persons providing services on the project - 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 has employees. This includes, without limitation, independent contractors,
subcontractors, leasing companies, motor carriers, owner -operators, employees of any such
entity, or employees of any entity which furnishes persons to provide services on the project
"Services" include, without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other services related to the project. "Services" does not
include activities unrelated to the project, such as foodlbeverage vendors, office supply deliveries,
and delivery of portable toilets.
B. The CONTRACTOR shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the
contractor providing services on the project, for the duration of the project.
C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to
being awarded the contract.
D. If the coverage period shown on the contractors 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 OWNER showing that coverage has been extended.
E. The CONTRACTOR shall obtain from each person providing services on the project,
and provide the OWNER:
(1) a certificate of coverage, prior to that person beginning work on the project,
so the OWNER will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
(2) no later than seven (7) days after receipt by the contractor, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project.
SC-9
F. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the Project and for one (1) year thereafter.
G. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal
delivery, within ten (10) days after the contractor knew or should have known, of any change that
materially affects the provisions of coverage of any persons 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 the Project, to:
(1) provide coverage, based on proper reporting of classification codes and
payroll amount 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 ends during the duration of the Project;
(4) obtain from each other person with whom it contracts, and provide 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 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 (1) year thereafter;
(6) notify the OWNER in writing by certified mail or personal delivery, within ten
(10) days after the person knew or should have known, of any change that materially affects the
provisions 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 service.
J. By signing this contract, the CONTRACTOR is representing to the OWNER 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 Regulations. Providing false or misleading information
SC-10
may subject the CONTRACTOR to administrative penalties, criminal penalties, or other civil
action.
K. The CONTRACTOR'S failure to comply with any of these provisions is a breach of
contract by the CONTRACTOR which entitles the OWNER to declare the Contract void if the
CONTRACTOR does not remedy the breach within ten (10) days after receipt of notice of breach
from the City.
The CONTRACTOR shall be responsible for insurance to cover equipment, tools, materials,
supplies, etc. used in the performance of work, owned or rented, the capital value of which is not
included in the cost of this Contract.
Insurance policies are to be written by companies authorized to do business under the laws of the
State of Texas and on forms approved by the Insurance Commission of the State of Texas. The
CONTRACTOR shall provide the OWNER a copy of all insurance policies.
All of the insurance required to be carried by the CONTRACTOR shall be by policies which shall
require on their face, or by endorsement, ten (10) days written notice to the OWNER before they
may be cancelled and within which ten day period the CONTRACTOR covenants that it will
provide other suitable policies in lieu of those about to be cancelled so as to maintain in effect the
coverage required under the provisions hereof. Failure or refusal of the CONTRACTOR to obtain
and keep in force the above required insurance coverage shall authorize the OWNER, at its
option, to terminate this contract at once.
The CONTRACTOR shall indemnify and save harmless the OWNER, its officers, employees, and
agents from all claims and liability due to the activities of itself, its agents, or employees
performed under this contract and which result from an error, omission, or negligent act of the
CONTRACTOR or of any person employed by the CONTRACTOR. The CONTRACTOR shall
indemnify and save harmless the OWNER from any and all expenses, including attorney fees,
which might be incurred by the OWNER in litigation or otherwise resisting said claims or liabilities
which might be imposed on the OWNER as a result of such activities by the CONTRACTOR, his
agents, or employees.
SC-25 QUALIFICATIONS FOR SURETIES ISSUING BONDS: As required by City of La Porte
Ordinance No. 1773, approved July 22, 1991, corporate sureties issuing payment and
performance bonds payable to the City of La Porte on public works projects shall meet all of the
following criteria:
a. The surety company must be authorized to do business in the State of Texas, which
authorization must be recorded in the files of the Texas State Board of Insurance;
b. The surety company must be an approved surety company listed in the current United
States Department of Treasury list of approved corporate sureties for payment and
performance bonds for federal jobs, including specifically the rules to underwriting
limitation;
C. The surety company must be authorized to issue payment and performance bonds in the
amount required for the Contract, which authorization must be recorded in the files of the
Texas State Board of Insurance;
d. The person executing the Payment and Performance Bonds must be a licensed Texas
local recording agent and such licensing must be recorded in the files of the Texas State
Board of Insurance; and
e. The person executing the Payment and Performance Bonds must be authorized by the
surety company to execute performance and payment bonds on behalf of the company in
SC-11
the amount required for the Contract and such authorization must be recorded in the files
of the State Board of Insurance.
Failure to meet the criteria for acceptability of surety company issuing Payment and
Performance Bonds will result in the disqualification of the bid.
The Payment and Performance Bonds shall remain in effect at least one year beyond
final acceptance of work under the Contract by the Owner.
SC-26 RETAINAGE: If the total Contract price is greater than $400,000.00, five percent (5%) of
the total contract price will be retained until final payment as described below. If the total Contract
price is less than $400,000.00, ten percent (10%) of the total contract price will be retained until
final payment as described below. On or before the tenth (10th) day of the month, the
CONTRACTOR shall prepare and submit to the ENGINEER for approval or modification a
statement showing as completely as practicable the total value of the work done by the
CONTRACTOR up to and including the last day of the preceding month; said statement shall also
include the value of all sound materials delivered on the site of the work that are to be fabricated
into the work.
For total Contract prices (Base Bid) greater than $400,000.00, the OWNER shall then pay the
CONTRACTOR on or before the fifteenth (15th) day of the following month of the following month
the amount of the approved statement, less five percent (5%) of the amount thereof, which shall
be retained until final payment, and further less all previous payments and all further sums that be
retained by the OWNER under the terms of the Agreement.
For total Contract prices (Base Bid) less than $400,000.00, the OWNER shall then pay the
CONTRACTOR on or before the fifteenth (15th) day of the following month of the following month
the amount of the approved statement, less ten percent (10%) of the amount thereof, which shall
be retained until final payment, and further less all previous payments and all further sums that be
retained by the OWNER under the terms of the Agreement.
It is understood, however, that in case the whole work be near to completion and some
unexpected and unusual delay occurs due to no fault of the CONTRACTOR, the OWNER may,
upon written recommendation of the ENGINEER, pay a reasonable and equitable portion of the
retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER'S option, may
be relieved of the obligation to fully complete the work and, thereupon, the CONTRACTOR shall
receive payment of the balance due him under the Contract subject to those conditions under the
General Conditions, Article 14, Payments to CONTRACTOR and completion.
SC-27 PREVAILING WAGES: The CONTRACTOR and his subcontractors shall expressly
comply with Article 5159A, Revised Civil Statutes of Texas, 1925, commonly known as, 'The
Prevailing Wage Act' including the latest provisions. Not less than the minimum prevailing wage
for the Harris County area as attached at the end of the special conditions shall be paid for labor
which is employed by the CONTRACTOR and his subcontractors for execution of this contract.
The CONTRACTOR and his subcontractors shall keep accurate records of the names, wage
classifications, and hourly wages paid to each worker employed on this project These records
shall be open to inspection by the OWNER.
SC-28 CONTRACT INTERPRETATION AND WORK ACCEPTABILITY: The Engineer will be
the final interpreter of the requirements of the contract documents and sole judge of the
acceptability of work thereunder.
SC-29 DISPUTE RESOLUTION, METHODS AND PROCEDURES_ ENGINEER will be the
initial interpreter of the requirements of the Contract Documents and judge of the acceptability of
the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work
or the interpretation of the requirements of the Contract Documents pertaining to the performance
SC-12
and furnishing of the Work in respect of changes in the Contract Price or Contract Times will be
referred initially to ENGINEER in writing with a request for a formal decision in accordance with
this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the
claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than
30 days) after the start of the occurrence or event giving rise thereto, and written supporting data
will be submitted to ENGINEER and the other party within 45 days after the start of such
occurrence or event unless ENGINEER allows an additional period of time for the submission of
additional or more accurate data in support of such claim, dispute or other matter. The opposing
party shall submit any response to ENGINEER and the claimant within 30 days after receipt of
the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a
formal decision in writing within 30 days after receipt of the opposing party's submittal, if any, in
accordance with this paragraph. The Engineer's rendering of a formal decision shall be a
condition precedent to further dispute resolution actions.
Mediation:
Any Claim arising out of or related to the Contract may, by mutual agreement between the
parties, and after initial decision by the ENGINEER, be subject to mediation.
By mutual agreement, the parties may endeavor to resolve their Claims by mediation which,
unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry
Mediation Rules of the American Mediation Association currently in effect Request for mediation
shall be filed in writing with the other party to the Contract and with the American Mediation
Association.
The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held
in the place where the Project is located, unless another location is mutually agreed upon.
Agreements reached in mediation shall be enforceable as settlement agreements in any court
having jurisdiction thereof.
Arbitration:
All parties agree that under no circumstances. shall any dispute or claim arising of or related to
the contract be eligible for arbitration. .
Limitation on Consolidation or Joinder. No mediation arising out of or relating to the
Contract shall include, by consolidation or joinder or in any other manner, the ENGINEER, the
ENGINEER'S employees or consultants, except by written consent containing specific reference
to the Agreement and signed by the ENGINEER, OWNER, CONTRACTOR or any other person
or entity sought to be joined. No mediation shall include, by consolidation or joinder or any other
manner, parties other than the OWNER, CONTRACTOR, and other persons substantially
involved in a common question of fact or law whose presence is required if complete relief is to
be accorded in mediation. No person or entity other than the OWNER, CONTRACTOR shall be
included as an original third party or additional third party to an mediation whose interest or
responsibility is insubstantial. Consent to mediation involving an additional person or entity shall
not constitute consent to mediation of a Claim not described therein or with a person or entity not
described therein. The foregoing agreement to mediate and other agreements to mediate with an
additional person or entity duly consented to by parties to the Agreement shall be specifically
enforceable under applicable law in any court having jurisdiction thereof.
Claims and Timely Assertion of Claims. The party filing a notice of demand for mediation
must assert in the demand all Claims then known to that party on which mediation is permitted to
be demanded.
SC-30 DRUG AND ALCOHOL POLICY: The CONTRACTOR shall have in place a drug and
alcohol policy that shall govern the actions of his employees and any workers in his employ
SC-13
undertaking the awarded contract work on the OWNER'S property. The OWNER expects the
CONTRACTOR to enforce his own drug an alcohol policy. Lack of a drug and alcohol policy
governing the actions and/or behavior of the CONTRACTOR'S personnel or failure to on the part
of the CONTRACTOR to enforce said drug and alcohol policy shall be grounds for non -award or
constitute breach of this contract.
SC-14
02/25/2010 10:01 2814769969 PAGE 01/02
U t'i* 1,io tio e s
WE MAKC IT FLOW
FAX TRANSNQTTAL SHEET
DATE: January 7, 2010
TO: Reagan McPhail
City of La Porte
FAX NUMBER: 281-470-5005
FROM: Russ Luudemo
PAGES: 2
(Including cover page)
REMARKS: Proposal for Change Order at La Porto Golf Course to install outfall
P.O Box 1154 • La Porte, Texas 77572 • Phone: (281) 479-6567 • Fax: (281) 476-9996
02/25/2010 10:01 2814769969
PAGE 02/02
U tio 1io 'es
WE MAKE IT FLOW
February 25,2010
Mr. Reagan McPhail
City of La Porte
Public Works Department
2963 N. 2P
La Porte, Texas 77571
Re: La Porte Golf Course
Change Order Request
Dear Mr. McPhail:
R. L. Utilities proposes the following request for change order to install an outfall at
the La Porte Golf Course. Cost is as follows:
Approximately 60' of 12" 13DPE $ 750.00
One (1) 18" x 18" Concrete Catch Basin S 650.00
Rip Rap — per load $ 650.00/lond
No sand
Thank you for the opportunity to submit this proposal.
Respectfully submitted,
/�Gf�tn
Russell Lun o
P.O Box 1154 • U Porte, Texas 77572. • Phone: (281) 479-6567 • Fax: (281) 476-9996
Ex Ti
EX.
�� 1
City of La Porte
Bayforest Golf Course Repairs
Cart Tunnel Headwalls Project Scope
Proiect issue description
The existing cart tunnel headwalls consist of wooden bulkheads. The walls are unstable.
Additionally, the drainage around the wall is poor and has caused erosion and flooding
that has exacerbated issues related to wall stability.
Proiect work description
Remove and dispose of existing timber retaining wall and material. Remove and dispose
of 2 foot concrete wall on top of existing reinforced box culverts. Disconnect electrical
line to sump pump for construction of the wall while running a temporary electrical line
to maintain the sump pumps operational capability throughout construction.
Install approximately 94 L.F of segmental retaining wall at each entrance of the existing
reinforced concrete box. The wall height varies from 2 to 15 feet in height. Anchor
Diamond Pro segmental retaining walls or an equivalent approved material is to be used
for construction. Refer to www.navestone.com/conteattview/274/596 for details. The
existing cart path shall be protected during construction and the adjacent slopes shall be
graded to tie in to the top of wall elevation around the entire perimeter of the tunnel
opening and then back down to existing grade at a 5:1 slope to ensure positive drainage
away from the cart tunnel opening. The wall shall be constructed per NCMA
construction guidelines. The construction shall include the following installations:
crushed aggregate leveling pad, SRW block with 12" free draining aggregate and core fill
block, 4" perforated drain tile, geosynthetic re -enforcement as per submitted plans and
design, compacted backfill and filter fabric separator, and SRW caps with concrete
adhesive. In addition, the sump pump shall be reconnected after the proposed wall is
constructed and the disturbed area shall be sodded to match golf course existing
conditions. Please reference the attached golf course cart tunnel plan for additional
information.
Additional project requirements include an engineered submittal to CobbFendley for
review and approval, a proposed wall alignment marked onsite by contractor and
approved by engineer prior to construction, and coordination with TXDOT as needed for
access to the project site from McCabe Road.
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