09 - Pump Track Construction Contract with American Ramp CompanyItem No. 9
memo�randuin
TO: Mayor & City Council
Gene Anderson, Interim City Manager
FROM: Carla Easton, P.E., Community Development Director
SUBJECT: PUMP TRACK CONSTRUCTION CONTRACT
DATE: March 4, 2020
BACKGROUND: In 2018 the city applied for a Texas Parks & Wildlife Department (TPWD)
outdoor recreation grant that would provide a 50% cost match for a pump track project as provided
in the city's park plan. The city partnered with the VCC, Rotary Club, and a number of local
businesses and individuals who have contributed both monetary and in-kind contributions for
construction of the pump track. The TPWD contract was signed in December 2019 and we are
now prepared to proceed with a contract for construction.
STATUS OF ISSUE: The overall project includes approximately 16,000 SF of asphalt track
designed to include competition level hills and turns, as well as site grading, shade structures, a
dedication wall and pedestrian amenities such as picnic tables and sidewalks to the parking lot.
The design and construction of the asphalt track as a custom park is a specialized service provided
by only a few companies. Hayter Engineering, with help from the Chamber of Commerce, VCC
and a number of local bicycle enthusiasts worked closely with Velosolutions to develop a scope
and budget for the pump track project. Velosolutions (a subsidiary to American Ramp Company)
is the leading builder of competition tracks across the world, and they are a participating vendor
in the purchasing cooperative Sourcewell, of which the city is a member. Sourcewell provides
procurement oversight for a number of products and services used by governments, educational
institutions, and non -profits, by soliciting competitive bids and offering the lowest price for public
projects. The city has used this method of procurement for playground equipment, generators,
fleet vehicles, and other significant purchases.
Through the Sourcwell coop, we have received a contract from American Ramp
CompanyNelosolutions for the Paris Pump Track Construction Project in the amount of
$451,691.86, which includes final track design and installation of the asphalt track and shade
structures.
BUDGET: The total project estimate approved under the grant program is up to $688,500, with a
50% local match required. The local match will be made of contributions from the city, the Greater
Paris Development Foundation, and a number of in-kind service donations. Should there be a
shortfall of in-kind donations, the city will make up the difference by purchasing needed materials
in an amount not to exceed $64,000, from the current city budget.
RECOMMENDATION: Authorize the Interim City Manager to execute a contract with American
Ramp Company for construction of an asphalt pump track and shade structures in an amount of
$451,691.86.
CONSTRUCTION CONT C
PARIS PUMP TRACK
TPWD GRANT PROJECT 48-001178
FEBRUARY 2020
Prepared by:
The City of Paris
THE STATE OF TEXAS
COUNTY OF COLLIN
CONSTRUCTION AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
PARIS PUMP TRACK
TPWD GRANT PROJECT 48-001178
This Construction Agreement (the "Agreement") is made by and between AMERICAN RAMP
COMPANY, (the "CONTRACTOR") and the City of Paris, Texas, a municipal corporation ("the
"OWNER"). For and in consideration of the payment, agreements and conditions hereinafter
mentioned, and under the conditions expressed in the bonds herein, CONTRACTOR hereby
agrees to complete the construction of improvements described as follows:
PARIS PUMP TRACK LOCATED AT THE SPORT COMPLEX
At 2005 S Collegiate Drive inthe City of Paris, Texas, and all extra work in connection therewith,
under the terms as stated in the North Central Texas Council of Governments (NCTCOG)
October 2004 Edition of the Public Works Construction Standards - North Central Texas as it
may be amended from time to time (hereinafter called "NCTCOG Specifications"), and under
the terms of the Special Conditions of this Contract; and at his, her or their own proper cost and
expense to furnish all superintendence, labor, insurance, equipment, tools and other
accessories and services necessary to complete the said construction in accordance with all the
Contract Documents, incorporated herein as if written word for word, and in accordance with the
Plans, which include all maps, plats, blueprints, and other drawings and printed or written
explanatory manner therefore, and the Specifications as prepared by City of Paris or its
consultant hereinafter called Engineer, who has been identified by the endorsement of the
CONTRACTOR's written proposal, these General Provisions of the NCTCOG Specifications,
Special Conditions of this Contract, the payment, performance, and maintenance bonds hereto
attached; all of which are made a part hereof and collectively evidence and constitute the entire
Contract.
A. Contract Documents and Order of Precedence
The Contract Documents shall consist of the following documents:
this Construction Agreement;
properly authorized change orders;
any listed and numbered addenda;
the Special Conditions;
Technical Specifications & Construction Drawings;
the OWNER's Standard Construction Details;
the October 2004 Edition of the Public Works Construction Standards - North Central
Texas as amended and published by the North Central Texas Council of Governments,
as amended by the OWNER (collectively, the "NCTCOG Specifications
the OWNER's written notice to proceed to the CONTRACTOR;
the CONTRACTOR's Bid Proposal;
the Performance, Payment, and Maintenance Bonds; and,
any other bid materials distributed by the OWNER that relate to the Project.
These Contract Documents are incorporated by reference into this Construction
Agreement as if set out here in their entirety. The Contract Documents are intended to be
complementary; what is called for by one document shall be as binding as if called for by all
Contract Documents. It is specifically provided, however, that in the event of any inconsistency
in the Contract Documents, the inconsistency shall be resolved by giving precedence to the
Contract Documents in the order in which they are listed herein above. If, however, there exists
a conflict or inconsistency between the Technical Specifications and the Construction Drawings
it shall be the CONTRACTOR's obligation to seek clarification as to which requirements or
provisions control before undertaking any work on that component of the project. Should the
CONTRACTOR fail or refuse to seek a clarification of such conflicting or inconsistent
requirements or provisions prior to any work on that component of the project, the
CONTRACTOR shall be solely responsible for the costs and expenses - including additional
time - necessary to cure, repair and/or correct that component of the project.
B. Total of Payments Due CONTRACTOR
For performance of the Work in accordance with the Contract Bid Documents provided as
Exhibit B to this contract, the OWNER shall pay the CONTRACTOR in current funds an amount
not to exceed Four hundred fifty one thousand, six hundred ninety one Dollars and eighty
six cents ($451,691.86). This amount is subject to adjustment by change order in accordance
with the Contract Documents.
C. Dates to Start and Complete Work
CONTRACTOR shall begin work within ten (10) calendar days after receiving a written Notice to
Proceed or written Work Order from the OWNER. All Work required under the Contract
Documents shall be completed within 90 calendar days after the date of the Notice to Proceed.
Under this Construction Agreement, all references to "day" are to be considered "calendar days"
unless noted otherwise.
2
D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS
CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE,
INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY OF PARIS (OWNER) TOGETHER
WITH ITS MAYOR AND CITY COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS
AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND
AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS,
EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES
OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR
SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON
OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS
OF USE OF ANY PROPERTY OCCASIONED BY ERROR, OMISSION, OR NEGLIGENT ACT
OF CONTRACTOR, ITS SUBCONTRACTORS, ANY OFFICERS, AGENTS OR EMPLOYEES
OF CONTRACTOR OR ANY SUBCONTRACTORS, INVITEES, AND ANY OTHER THIRD
PARTIES OR PERSONS FOR WHOM OR WHICH CONTRACTOR IS LEGALLY
RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING FROM, OR IN
CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND CONTRACTOR
WILL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT CITY OF
PARIS (OWNER) FROM ANY AND ALL SUCH CLAIMS AND DEMANDS.
CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE,
INDEMNIFY, DEFEND AND HOLD HARMLESS CITY OF PARIS (OWNER) TOGETHER
WITH ITS MAYOR AND CITY COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS,
AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS,
COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES,
PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL
EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS
FEES FOR INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR
LOSS OF USE OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE
PERFORMANCE OF THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE
CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS,
LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR
IN PART FROM THE NEGLIGENCE OF THE CITY OF PARIS (OWNER), ITS MAYOR AND
CITY COUNCIL, OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS
INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT CITY OF
PARIS (OWNER) FROM THE CONSEQUENCES OF CITY OF PARIS'S (OWNER'S) OWN
NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF
THE INJURY, DEATH OR DAMAGE.
IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY
ANY EMPLOYEE OF THE CONTRACTOR, ANY SUB -CONTRACTOR, ANYONE DIRECTLY
OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF
THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL
NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF
DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR
OR ANY SUB -CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER
EMPLOYEE BENEFIT ACTS.
INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT
COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY
EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN
INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY.
In its sole discretion, the OWNER shall have the right to approve counsel to be retained by
CONTRACTOR in fulfilling its obligation to defend and indemnify the OWNER. CONTRACTOR
shall retain approved counsel for the OWNER within seven (7) business days after receiving
written notice from the OWNER that it is invoking its right to indemnification under this
Construction Agreement. If CONTRACTOR does not retain counsel for the OWNER within the
required time, then the OWNER shall have the right to retain counsel and the CONTRACTOR
shall pay these attorneys' fees and expenses.
The OWNER retains the right to provide and pay for any or all costs of defending indemnified
items, but it shall not be required to do so. To the extent that OWNER elects to provide and pay
for any such costs, CONTRACTOR shall indemnify and reimburse OWNER for such costs.
(Please note that this "broad -form" indemnification clause is not prohibited by Chapter 151 of
the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105
of the Texas Insurance Code.)
E. Insurance Requirements
1. Before commencing work, the CONTRACTOR shall, at its own expense, procure, pay
for and maintain the following insurance coverage written by companies approved by the State
of Texas and acceptable to the City of Paris. The CONTRACTOR shall furnish to the City of
Paris City Clerk o, FGhasing AgepA such policies settifisates of insurance executed by the insurer
or its authorized agent stating the type of coverages, limits of each such coverage, expiration
dates and compliance with all applicable required provisions. Certificates shall reference the
project/contract number and be addressed as follows:
City of Paris
150 SE 1st Street
Paris, TX 75460
(a) Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent CONTRACTORs and Contractual Liability, with minimum combined single
limits of $1,000,000 per -occurrence, $1,000,000 Products/Completed Operations
Aggregate and $1,000,000 general aggregate. Coverage must be written on an
occurrence form. The General Aggregate shall apply on a per project basis.
(b) Workers' Compensation insurance with statutory limits; and Employers' Liability
coverage with minimum limits for bodily injury: a) by accident, $100,000 each accident,
b) by disease, $100,000 per employee with a per policy aggregate of $500,000.
4
(c) Business Automobile Liability insurance covering owned, hired and non -owned vehicles,
with a minimum combined bodily injury and property damage limit of $1,000,000 per
occurrence.
(d) Umbrella or Excess Liability insurance with minimum limits of $5,000,000 each
occurrence and annual aggregate for bodily injury and property damage, that follows
form and applies in excess of the above indicated primary coverage in subparagraphs 1,
2 and 3. The total limits required may be satisfied by any combination of primary,
excess or umbrella liability insurance provided all policies comply with all requirements.
The CONTRACTOR may maintain reasonable deductibles, subject to approval by the
OWNER.
2. With reference to the foregoing required insurance, the CONTRACTOR shall endorse
applicable insurance policies as follows:
(a) A waiver of subrogation in favor of City of Paris, its officials, employees, and officers
shall be contained in the Workers' Compensation insurance policy.
(b) The City of Paris, its officials, employees and officers shall be named as additional
insureds on the Commercial General Liability policy, by using endorsement CG2026 or
broader. (Please note that this "additional insured" coverage requirement is not
prohibited by Chapter 151 of the Texas Insurance Code as it falls within one of the
exclusions contained in Section 151.105 of the Texas Insurance Code.)
(c) All insurance policies shall be endorsed to the effect that City of Paris will receive at
least thirty (30) days' notice prior to cancellation, non -renewal, termination, or material
change of the policies.
3. All insurance shall be purchased from an insurance company that meets a financial
rating of B+VI or better as assigned by the A.M. BEST Company or equivalent.
4. With respect to Workers' Compensation insurance, the CONTRACTOR agrees to
comply with all applicable provisions of 28 Tex. Admin Code
§ 110.110, "Reporting Requirements for Building or Construction Projects for Governmental
Entities," as such provision may be amended, and as set forth in Paragraph F following.
F. Workers' Compensation Insurance Coverage
1. Definitions:
Certificate of coverage ("certificate")- A copy of a policy of insurance, a certificate of authority to
self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-
83, or TWCC-84), showing statutory workers' compensation insurance coverage for the
person's or entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
CONTRACTOR's/person's work on the project has been completed and accepted by the
governmental entity.
Persons providing services on the project ("subcontractor" in §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, independent
CONTRACTORs, subcontractors, leasing companies, motor carriers, OWNER -operators,
employees of any such entity, or employees of any entity which furnishes persons to provide
services on the project. "Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage vendors,
office supply deliveries, and delivery of portable toilets.
2. The CONTRACTOR shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all employees of the
CONTRACTOR providing services on the project, for the duration of the project.
3. The CONTRACTOR must provide a certificate of coverage as defined herein to the
governmental entity prior to being awarded the contract.
4. If the coverage period shown on the CONTRACTOR's current certificate of coverage
ends during the duration of the project, the CONTRACTOR must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
5. The CONTRACTOR shall obtain from each person providing services on a project, and
provide to the governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the CONTRACTOR, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project.
6. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
7. The CONTRACTOR shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the CONTRACTOR knew or should have known, of any
change that materially affects the provision of coverage of any person providing services on the
project.
8. The CONTRACTOR shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a person
may verify coverage and report lack of coverage.
9. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(b) provide to the CONTRACTOR, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees of the
person providing services on the project, for the duration of the project;
(c) provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the
CONTRACTOR:
(1) a certificate of coverage, prior to the other person beginning work on the project; and
(2) a new certificate of coverage showing extension of coverage, prior to the end of the
coverage period, if the coverage period shown on the current certificate of coverage
ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts, to perform as required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person for
whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage,
the CONTRACTOR is representing to 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 Regulation. Providing false or misleading information may subject the
CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil
actions.
11. The CONTRACTOR's failure to comply with any of these provisions is a breach of
contract by the CONTRACTOR which entitles the governmental entity to declare the contract
void if the CONTRACTOR does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
7
G. Performance, Payment and Maintenance Bonds
The CONTRACTOR shall procure and pay for performance and payment bonds applicable to
the work in the amount of the total bid price. The CONTRACTOR shall also procure and pay for
a maintenance bond applicable to the work in the amount of fifteen percent (15%) of the total
bid price. The period of the Maintenance Bond shall be two years from the date of acceptance
of all work done under the contract, to cover the guarantee as set forth in the Special
Conditions. The performance, payment and maintenance bonds shall be issued in the form
attached to this Construction Agreement as Exhibits C and D. Other performance, payment and
maintenance bond forms shall not be accepted. Among other things, these bonds shall apply to
any work performed during the two-year warranty period after acceptance as described in this
Construction Agreement.
The performance, payment and maintenance bonds shall be issued by a corporate surety,
acceptable to and approved by the City, authorized to do business in the State of Texas,
pursuant to Chapter 2253 of the Texas Government Code. Further, the CONTRACTOR shall
supply capital and surplus information concerning the surety and reinsurance information
concerning the performance, payment and maintenance bonds upon City request. In addition to
the foregoing requirements, if the amount of the bond exceeds One Hundred Thousand Dollars
($100,000), the bond must be issued by a surety that is qualified as a surety on obligations
permitted or required under federal law as indicated by publication of the surety's name in the
current U.S. Treasury Department Circular 570. In the alternative, an otherwise acceptable
surety company (not qualified on federal obligations) that is authorized and admitted to write
surety bonds in Texas must obtain reinsurance on any amounts in excess of One Hundred
Thousand Dollars ($100,000) from a reinsurer that is authorized and admitted as a reinsurer in
Texas who also qualifies as a surety or reinsurer on federal obligations as indicated by
publication of the surety's or reinsurer's name in the current U.S. Treasury Department Circular
570.
H. Progress Payments and Retainage
As it completes portions of the Work, the CONTRACTOR may request progress payments from
the OWNER. Progress payments shall be made by the OWNER based on the following
schedule, provided all work is progressing as provided in this agreement and in accordance with
the schedule of work.
25% Upon Mobilization
25% Two Weeks after the Start of Construction
40% Within 10 Days of Completion
10% Release of Retainage upon Final Acceptance of work by City Council
No progress payment shall be due to the CONTRACTOR until the CONTRACTOR furnishes to
the OWNER:
1. copies of documents reasonably necessary to aid the OWNER in preparing an estimate
of the value of Work properly completed;
2. full or partial releases of liens, including releases from subcontractors providing
materials or delivery services relating to the Work, in a form acceptable to the OWNER
releasing all liens or claims relating to goods and services provided up to the date of the
most recent previous progress payment;
3. an updated and current schedule clearly detailing the project's critical path elements in
accordance with SCA 1 CONSTRUCTION SCHEDULE; and
4. any other documents required under the Contract Documents.
The fact that the OWNER makes a progress payment shall not be deemed to be an admission
by the OWNER concerning the quantity, quality or sufficiency of the CONTRACTOR's work.
Progress payments shall not be deemed to be acceptance of the Work nor shall a progress
payment release the CONTRACTOR from any of its responsibilities under the Contract
Documents.
After determining the amount of a progress payment to be made to the CONTRACTOR, the
OWNER shall withhold a percentage of the progress payment as retainage. The amount of
retainage withheld from each progress payment shall be set depending upon the value of the
Contract Work on the effective date of the Contract:
Contract Amount Retsina a Percents e
Up to $25,000 15%
$25,000 to $400,000 10%
Over $400,000 5%
Retainage shall be withheld and may be paid to:
a. ensure proper completion of the Work. The OWNER may use retained funds to pay
replacement or substitute CONTRACTORS to complete unfinished or defective work;
b. ensure timely completion of the Work. The OWNER may use retained funds to pay
liquidated damages; and
c. provide an additional source of funds to pay claims for which the OWNER is entitled to
indemnification from CONTRACTOR under the Contract Documents.
Retained funds shall be held by the OWNER in accounts that shall not bear interest. Retainage
not otherwise withheld in accordance with the Contract Documents shall be returned to the
CONTRACTOR as part of the final payment.
I. Withholding Payments to CONTRACTOR
0
The OWNER may withhold payment of some or all of any progress or final payment that would
otherwise be due if the OWNER determines, in its discretion, that the Work has not been
performed in accordance with the Contract Documents. The OWNER may use these funds to
pay replacement or substitute contractors to complete unfinished or defective Work.
The OWNER may withhold payment of some or all of any progress or final payment that would
otherwise be due if the OWNER determines, in its discretion, that it is necessary and proper to
provide an additional source of funds to pay claims for which the OWNER is entitled to
indemnification from CONTRACTOR under the Contract Documents.
Amounts withheld under this section shall be in addition to any retainage.
J. Acceptance of the Work
When the Work is completed, the CONTRACTOR shall request that the OWNER perform a final
inspection. The OWNER shall inspect the Work. If the OWNER determines that the Work has
been completed in accordance with the Contract Documents, it shall issue a written notice of
acceptance of the Work. If the OWNER determines that the Work has not been completed in
accordance with the Contract Documents, then it shall provide the CONTRACTOR with a verbal
or written list of items to be completed before another final inspection shall be scheduled.
It is specifically provided that Work shall be deemed accepted on the date specified in the
OWNER's written notice of acceptance of the Work. The Work shall not be deemed to be
accepted based on "substantial completion" of the Work, use or occupancy of the Work, or for
any reason other than the OWNER's written Notice of Acceptance. Further, the issuance of a
certificate of occupancy for all or any part of the Work shall not constitute a Notice of
Acceptance for that Work.
In its discretion, the OWNER may issue a Notice of Acceptance covering only a portion of the
Work. In this event, the notice shall state specifically what portion of the Work is accepted.
K. Final Payment
After all Work required under the Contract Documents has been completed, inspected, and
accepted, the City shall calculate the final payment amount promptly after necessary
measurements and computations are made. The final payment amount shall be calculated to:
1. include the estimate of the value of Work properly completed since the date of the most
recent previous progress payment;
2. correct prior progress payments; and
3. include retainage or other amounts previously withheld that are to be returned to
CONTRACTOR, if any.
Final payment to the CONTRACTOR shall not be due until the CONTRACTOR provides original
full releases of liens from the CONTRACTOR and its subcontractors, or other evidence
10
satisfactory to the OWNER to show that all sums due for labor, services, and materials
furnished for or used in connection with the Work have been paid or shall be paid with the final
payment. To ensure this result, CONTRACTOR consents to the issuance of the final payment
in the form of joint checks made payable to CONTRACTOR and others. The OWNER may, but
is not obligated to issue final payment using joint checks.
Final payment to the CONTRACTOR shall not be due until the CONTRACTOR has supplied to
the OWNER original copies of all documents that the OWNER determines are reasonably
necessary to ensure both that the final payment amount is properly calculated and that the
OWNER has satisfied its obligation to administer the Construction Agreement in accordance
with applicable law. The following documents shall, at a minimum, be required to be submitted
prior to final payment being due: redline as -built construction plans; consent of surety to final
payment; public infrastructure inventory; affidavit of value for public infrastructure; and, final
change order(s). "Redline as -built construction plans" shall include, but are not limited to
markups for change orders, field revisions, and quantity overruns as applicable. The list of
documents contained in this provision is not an exhaustive and exclusive list for every project
performed pursuant to these Contract Documents and CONTRACTOR shall provide such other
and further documents as may be requested and required by the OWNER to close out a
particular project.
Subject to the requirements of the Contract Documents, the OWNER shall pay the Final
Payment within thirty (30) calendar days after the date specified in the Notice of Acceptance.
This provision shall apply only after all Work called for by the Contract Documents has been
accepted.
L. CONTRACTOR's Warranty
For a two-year period after the date specified in a written notice of acceptance of Work,
CONTRACTOR shall provide and pay for all labor and materials that the OWNER determines
are necessary to correct all defects in the Work arising because of defective materials or
workmanship supplied or provided by CONTRACTOR or any subcontractor. This shall also
include areas of vegetation that did meet TPDES General Construction Permit during final close
out but have since become noncompliant.
Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period, the
OWNER may make a warranty inspection of the Work. The OWNER shall notify the
CONTRACTOR of the date and time of this inspection so that a CONTRACTOR representative
may be present. After the warranty inspection, and before the end of the two-year warranty
period, the OWNER shall mail to the CONTRACTOR a written notice that specifies the defects
in the Work that are to be corrected.
The CONTRACTOR shall begin the remedial work within ten (10) calendar days after receiving
the written notice from the City. If the CONTRACTOR does not begin the remedial work timely
or prosecute it diligently, then the OWNER may pay for necessary labor and materials to effect
repairs and these expenses shall be paid by the CONTRACTOR, the performance bond surety,
or both.
11
If the OWNER determines that a hazard exists because of defective materials and
workmanship, then the OWNER may take steps to alleviate the hazard, including making
repairs. These steps may be taken without prior notice either to the CONTRACTOR or its
surety. Expenses incurred by the OWNER to alleviate the hazard shall be paid by the
CONTRACTOR, the performance bond surety, or both.
Any Work performed by or for the CONTRACTOR to fulfill its warranty obligations shall be
performed in accordance with the Contract Documents. By way of example only, this is to
ensure that Work performed during the warranty period is performed with required insurance
and the performance and payment bonds still in effect.
Work performed- during the two-year warranty period shall itself be subject to a one-year
warranty. This warranty shall be the same as described in this section.
The OWNER may make as many warranty inspections as it deems appropriate.
M. Compliance with Laws
The CONTRACTOR shall be responsible for ensuring that it and any subcontractors performing
any portion of the Work required under the Contract Documents comply with all applicable
federal, state, county, and municipal laws, regulations, and rules that relate in any way to the
performance and completion of the Work. This provision applies whether or not a legal
requirement is described or referred to in the Contract Documents.
Ancillary / Integral Professional Services: In selecting an architect, engineer, land surveyor, or
other professional to provide professional services, if any, that are required by the Contract
Documents, CONTRACTOR shall not do so on the basis of competitive bids but shall make
such selection on the basis of demonstrated competence and qualifications to perform the
services in the manner provided by Section 2254.004 of the Texas Government Code and shall
so certify to the City the CONTRACTOR's agreement to comply with this provision with
CONTRACTOR's Bid Proposal.
N. Other Items
The CONTRACTOR shall sign the Construction Agreement, and deliver signed performance,
payment and maintenance bonds and proper insurance policy endorsements (and/or other
evidence of coverage) within ten (10) calendar days after the OWNER makes available to the
CONTRACTOR copies of the Contract Documents for signature. Six (6) copies of the Contract
Documents shall be signed by an authorized representative of the CONTRACTOR and returned
to the City.
The Construction Agreement "effective date" shall be the date on which the City Council acts to
approve the award of the Contract for the Work to CONTRACTOR. It is expressly provided,
however, that the City Council delegates the authority to the Interim City Manager, the City
Manager, or his designee to rescind the Contract award to CONTRACTOR at any time before
the OWNER delivers to the CONTRACTOR a copy of this Construction Agreement that bears
the signature of the Interim City Manager and City Clerk or their authorized designees. The
purpose of this provision is to ensure:
12
1. that CONTRACTOR timely delivers to the OWNER all bonds and insurance documents;
and
2. that the OWNER retains the discretion not to proceed if the Interim City Manager, the
City Manager, or his designee determines that information indicates that the
CONTRACTOR was not the lowest responsible bidder or that the CONTRACTOR
cannot perform all of its obligations under the Contract Documents.
THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF ACTION
OF ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF CONTRACT,
NOR SHALL THE OWNER BE REQUIRED TO PERFORM -UNDER THE CONTRACT
DOCUMENTS, UNTIL THE DATE THE OWNER DELIVERS TO THE CONTRACTOR A COPY
OF THE CONSTRUCTION AGREEMENT BEARING THE SIGNATURES JUST SPECIFIED.
The Contract Documents shall be construed and interpreted by applying Texas law. Exclusive
venue for any litigation concerning the Contract Documents shall be Lamar County, Texas.
Although the Construction Agreement has been drafted by the OWNER, should any portion of
the Construction Agreement be disputed, the OWNER and CONTRACTOR agree that it shall
not be construed more favorably for either party.
The Contract Documents are binding upon the OWNER and CONTRACTOR and shall insure to
their benefit and as well as that of their respective successors and assigns.
If City Council approval is not required for the Construction Agreement under applicable law,
then the Construction Agreement "effective date" shall be the date on which the Interim City
Manager and City Secretary or their designees have signed the Construction Agreement. If the
Interim City Manager and City Secretary sign on different dates, then the later date shall be the
effective date.
{Signatures required on following page}
13
CONTRACTOR: CITY OF PARIS TEXAS
By: ti
Title:
Date:
Address:
Phone:
Fax:
APPROVED AS TO FORM:
Stephanie Harris
City Attorney
ATTEST:
Denene Johnson
Executive Assistant
By: GENE ANDERSON
Title: Interim City Manager
Date:
Address: 135 SE 1st St.,
Paris, TX 75460
Phone:
Fax:
14
(903) 784 - 9202
(903) 785 - 8519
CONSTRUCTION PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF LAMAR
KNOW ALL MEN BY THESE PRESENTS: That whose address
is
hereinafter called Principal, and
-f a corporation
organized and existing under the laws of the State of mITITITIT�_r , and
fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound
unto the CITY OF PARIS, Texas, a home -rule municipal corporation organized and existing
under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of
Dollars
) plus fifteen percent (15%) of the stated penal
sum as an additional sum of money representing additional court expenses, attorneys' fees, and
liquidated damages arising out of or connected with the below identified Contract in lawful
money of the United States, to be paid in Lamar County, Texas, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall
automatically be increased by the amount of any Change Order or Supplemental Agreement,
which increases the Contract price, but in no event shall a Change Order or Supplemental
Agreement, which reduces the Contract price, decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract with the City of Paris, Texas, the Beneficiary, dated on or about
the ........ day of , A.D. 20 , a copy of which is attached hereto
and made a part hereof, to furnish all materials, equipment, labor, supervision, and other
accessories necessary for the construction of:
PARIS PUMP TRACK
TPWD GRANT PROJECT 48-001178
in the City of Paris, Texas, as more particularly described and designated in the above -
referenced contract such contract being incorporated herein and made a part hereof as
fully and to the same extent as if written herein word for word.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of
the undertakings, covenants, terms, conditions and agreements of said Contract in accordance
with the Plans, Specifications and Contract Documents during the original term thereof and any
extension thereof which may be granted by the Beneficiary, with or without notice to the Surety,
and during the life of any guaranty or warranty required under this Contract, and shall also well
and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements
of any and all duly authorized modifications of said Contract that may hereafter be made, notice
of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or
replace all defects due to faulty materials and workmanship that appear within a period of one
15
(1) year from the date of final completion and final acceptance of the Work by OWNER; and, if
the Principal shall fully indemnify and save harmless the Beneficiary from and against all costs
and damages which Beneficiary may suffer by reason of failure to so perform herein and shall
fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in
making good any default or deficiency, then this obligation shall be void; otherwise, it shall
remain in full force and effect.
PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive Venue
shall lie in Lamar County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract
or to the Work to be performed thereunder or the Plans, Specifications and Drawings, etc.,
accompanying the same shall in anywise 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 or to the Specifications.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Lamar County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such suretyship, as provided by Article
7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in six copies, each one of which
shall be deemed an original, this, the day of .._ .... , 20
ATTEST:
Company Name
By:,
Signature
Typed/Printed Name
Title
Address
PRINCIPAL:
By: _..................................._
Signature
Typed/Printed Name
Title
Address
City State Zip City
Phone Fax Phone
[Signatures continued on following page.]
16
State Zip
Fax
ATTEST:
By:.._ ...................................... __
Signature
Printed Name
SURETY:
By: ................. ..... __
Signature
Printed Name
Title Title
Address Address
City State Zip City State IT ZipITITIT mmm
Phone Fax Phone Fax
The Resident Agent of the Surety in Lamar County, Texas, for delivery of notice and service of
the process is:
NAME:
STREET ADDRESS:
CITY, STATE, ZIP:
NOTE: Date on Pane 1 of Performance Bond must be SAME date as Contract. Date on Page
2 of Performance Bond must be AFTER date of Contract. If Resident Agent is not a
corporation, give a person's name.
17
CONSTRUCTION PAYMENT BOND
STATE OF TEXAS
COUNTY OF LAMAR
KNOW ALL MEN BY THESE PRESENTS: That whose address is
hereinafter called Principal,
and _ v a corporation
organized and existing underthe laws of the State of - and
fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound
unto the CITY OF PARIS, Texas, a home -rule municipal corporation organized and existing
under the laws of the State of Texas, hereinafter called "OWNER", and unto all persons, firms,
and corporations who may furnish materials for, or perform labor upon the building or
improvements hereinafter referred to in the penal sum of
DOLLARS ($ ) in lawful money of
the United States, tom i paid e din Collin County, Texas, for the payment of which sum well and
truly to be made, we bnd ourselves, our heirs, executors, administrators and successors, jointly
and severally, firmly by these presents. The penal sum of this Bond shall automatically be
increased by the amount of any Change Order or Supplemental Agreement, which increases
the Contract price, but in no event shall a Change Order or Supplemental Agreement, which
reduces the Contract price, decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered
into a certain Contract with the City of Paris, Texas, the OWNER, dated on or about the
day of �......__ , A.D. 20_, a copy of which is attached hereto
and made a part hereof, to furnish all materials, equipment, labor, supervision, and
other accessories necessary for the construction of:
PARIS PUMP TRACK
TPWD GRANT PROJECT 48-001178
NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties and
make prompt payment to all persons, firms, subcontractors, corporations and claimants
supplying labor and/or material in the prosecution of the Work provided for in the above -
referenced Contract and any and all duly authorized modifications of said Contract that may
hereafter be made, notice of which modification to the Surety is hereby expressly waived, then
this obligation shall be void; otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive venue
shall lie in Lamar County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby 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, Drawings, etc.,
accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby
18
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 thereunder.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Lamar County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such suretyship, as provided by Article
7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in six copies, each one of which shall be
deemed an original, this, the day of , 20_.
ATTEST: PRINCIPAL:
Company Name
By:
Signature
Typed/Printed Name
By:
Signature
Typed/Printed Name
Title Title
Address Address
City State Zip City
Phone Fax Phone
[Signatures continued on following page.]
19
State Zip
Fax
ATTEST:
By:
Signature
Printed Name
Title
Address
SURETY:
By:
Signature
Printed Name
Title
►_�rerr,
City State Zip City State Zip
... ............... ..._... _v ...._... .....
Phone Fax Phone Fax
The Resident Agent of the Surety in Lamar County, Texas, for delivery of notice and service of
the process is:
NAME:
STREET ADDRESS:
CITY, STATE, ZIP:
NOTE: Date on Page 1 of Payment Bond must be SAME date as Contract,. Date on Pane 2
of Payment Bond must be AFTER date of Contract. If Resident Agent is not a corporation,
give a person's name.
20
MAINTENANCE BOND
STATE OF TEXAS )
)
COUNTY OF LAMAR)
KNOW ALL BY THESE PRESENTS: That whose
address is , hereinafter referred to
as "Principal," and ........... a corporate surety/sureties
organized under the laws of the State of and fully licensed to transact business
in the State of Texas, as Surety, hereinafter referred tows "Surety" (whether one or more), are
held and firmly bound unto the CITY OF PARIS, Texas, a Texas municipal corporation,
hereinafter referred to as "OWNER," in the penal sum of
DOLLARS ($�m m m ___ .) (fifteen percent
(15%) of the total bid price), in lawful money of the United States to be paid to OWNER, its
successors and assigns, for the payment of which sum well and truly to be made, we bind
ourselves, our successors, heirs, executors, administrators and successors and assigns, jointly
and severally; and firmly by these presents, the condition of this obligation is such that:
WHEREAS, Principal entered into a certain written Contract with the City of Paris, Texas, dated
on or about the day of _ vv 20 , to furnish all permits,
licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other
accessories necessary for the construction of:
PARIS PUMP TRACK
TPWD GRANT PROJECT 48-001178
in the City of Paris, Texas, as more particularly described and designated in the above -
referenced contract, such contract being incorporated herein and made a part hereof as fully
and to the same extent as if written herein word for word:
WHEREAS, in said Contract, the Principal binds itself to use first class materials and
workmanship and of such kind and quality that for a period of two (2) years from the completion
and final acceptance of the improvements by OWNER the said improvements shall require no
repairs, the necessity for which shall be occasioned by defects in workmanship or materials and
during the period of two (2) years following the date of final acceptance of the Work by OWNER,
Principal binds itself to repair or reconstruct said improvements in whole or in part at any time
within said period of time from the date of such notice as the City Engineer, Director of Public
Works or the Director of Community Services shall determine to be necessary for the
preservation of the public health, safety or welfare. If Principal does not repair or reconstruct the
improvements within the time period designated, OWNER shall be entitled to have said repairs
made and charge Principal and/or Surety the cost of same under the terms of this Maintenance
Bond.
NOW, THEREFORE, if Principal will maintain and keep in good repair the Work herein
contracted to be done and performed for a period of two (2) years from the date of final
acceptance and do and perform all necessary work and repair any defective condition (it being
21
understood that the purpose of this section is to cover all defective conditions arising by reason
of defective materials, work or labor performed by Principal) then this obligation shall be void;
otherwise it shall remain in full force and effect and OWNER shall have and recover from
Principal and its Surety damages in the premises as provided in the Plans and Specifications
and Contract.
PROVIDED, however, that Principal hereby holds harmless and indemnifies OWNER from
and against any claim or liability for personal injury or property damage caused by and
occurring during the performance of said maintenance and repair operation.
PROVIDED, further, that if any legal action be filed on this Bond, exclusive venue shall lie in
-Lamar County, Texas.
AND PROVIDED FURTHER, Surety, for value received, hereby 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, Drawings, etc. accompanying 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 thereunder.
The undersigned and designated agent is hereby designated by Surety as the resident agent in
either Collin or Dallas Counties to whom all requisite notice may be delivered and on whom
service of process may be had in matters arising out of this suretyship.
IN WITNESS WHEREOF, this instrument is executed in six copies, each one of which shall be
deemed an original, on this the day of _ _ , 20
ATTEST: PRINCIPAL:
Company Name
By:
Signature
Typed/Printed Name
Title
Address
By�...._._......._
Signature
Typed/Printed Name
Title
Address
City State Zip City
Phone Fax Phone
[Signatures continued on following page.]
22
State Zip
Fax
ATTEST:
SURETY:
By: ................. ... _
. By: ............
Signature
Signature
Printed Name
Printed Name
Title
Title
Address
Address
City State Zip
_...... City
Phone Fax
Phone
State Zip
Fax
NOTE: Date on Pane 1 of Maintenance Bond must be SAME date as Contract. Date on Page
2 of Maintenance Bond must be AFTER date of Contract. If Resident Agent is not a
corporation, give a person's name.
23
NOTICE TO PROCEED
TO:
ADDRESS:
OWNER: City of Paris, Texas
Dated
PROJECT: PARIS PUMP TRACK - TPWD GRANT PROJECT 48-001178
You are notified that the Contract Time under the Contract for the above referenced Project will
commence to run on the 18th dgy of Ma 2020. On or within 10 days of that date, you are to
start performing your obligations under the Contract Documents. In accordance with Item 103.6
of the October 2004 Edition of the Public Works Construction Standards - North Central Texas as
amended and published by the North Central Texas Council of Governments, the dates of
Substantial Completion and Final Completion are the 17th day of July, 2020 and the 16th day
of August, 2020, respectively.
Before you may start any Work at the site, the Contract Documents specify that you must
furnish performance, payment and maintenance bonds required by the Contract Documents for
the Project and procure and maintain insurance in accordance with the Construction Agreement
and provide the OWNER proof of all required insurance coverages for the Project.
Also before you may start work at the site, you must
Provide a proposed schedule for the Work providing for the completion of the Project within the
time provided herein above specifically including, but not limited to, a construction phasing plan
and the proposed completion dates of all major elements.
Issued By:
(PRINTED NAME)
Acceptance of Award:
(PRINTED NAME)
(AUTHORIZED SIGNATURE) (AUTHORIZED SIGNATURE)
(TITLE) (TITLE)
(DATE) (DATE)
24
EXHIBIT A
SCOPE OF WORK
TASK 1.0- CONSTRUCTION
1.1 INCLUDES:
• All labor, supplies, tools, materials, and equipment required to construct an
asphalt pump track
• Earthmoving techniques _.
• Pour and Finish Asphalt
• Purchase, coordinate and install shade structures in accordance with design
submittals approved by the CITY
• All scope of work is limited to the footprint of the asphalt pump track
1.2 EXCLUDES:
• Clearing and Grubbing of Site — To be done by owner
• Non -DOT Gravel — To be provided by owner
• Fencing of any kind
• Site testing and inspections: standard proctor/density testing, onsite concrete
cylinders, engineering, surveying, or testing services.
• Union wages or taxes
• Utility, mechanical, electrical, plumbing work, relocation or repairs of any
kind.
• Any landscaping
• Toxic or hazardous material handling or removal.
• Pedestrian protection, walkways, dust protection, temporary enclosures,
protection of work or adjacent items.
• Soil treatment, termite treatment, landscaping, or reseeding.
• Dewatering, silt fence, soil stabilization, erosion control, street cleaning, and
traffic control.
• Removal and/or replanting of any trees or shrubs.
• Any work not specifically indicated above.
1.3 CUSTOMER PROVIDES:
• Clearing and Grubbing of Site
• Flat site with Non -DOT Gravel
• Sufficient water, light, and electrical power within 100 feet of work areas.
• Unobstructed, safe, and continuous access to work area with heavy
equipment. All weather roads for heavy equipment.
• All necessary site information including topography, site surveying, and
elevations.
Task I Deliverables:
• Fully constructed and usable asphalt pump track
Line Item Description
Temperature Appropriate Fill
Topsoil
Sod With Installation
Stone
Asphalt Contouring
Fine Grading (sculpting and Contouring)
SHADE STUCTURES FROM USA SHADE
Master Design
Design/Construction
General Conditions / Mobilization
Temporary Facilites
Conceptual Design Package (Paid in Full)
In Kind Donations
"Asphalt, Fill Material, Machinery, Extra Labor,
Aggregate Base Material, and Acoomodations
Valued Customer Discount
*Approved by A/on 3.4.2020
Sourcewell Discount
Add the following if bonding is required
P&P Bonding
Price
UOM
QTY
Total Price
$3.00
SF
9000
$27,000.00
$12.00
CY
$3.00
SF
$225
Ton
735
$165,375
$12
SF
10300
$123,600
$3.00
SF
13404
$40,212.00
110,000
UNIT
110,000
EA
Subtotal
$466,187.00
10.00%
EA
$35,618.70
15.00%
EA
$53,428.05
7.00%
EA
$32,633.09
($lit°l„ u.l)
EA
-$,,10,000 oo
($861, 0 1
EA
.Mb81 , 21b 'u�l
15,0010)1I EA I' 1I 15, oo"Oo
Grand Total (w/o Sourcewell)$476,166.84
-7.00% _ -$33,331.68
Grand Total Including Sourcewell $442,835.16
2% EA $8,856.70
1
Grand Total Including Bonds $451,691.86