HomeMy WebLinkAboutResolution - 2018-R0181 - Wallace Sprinkler - 05_24_2018 (3)Resolution No. 2018-RO181
Item No. 5.16
May 24, 2018
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on
behalf of the City of Lubbock, Contract No. 13955 and related documents for Infrastructure
Improvements to the University Avenue and Indiana Avenue Medians as per ITB 18-13955-SS,
by and between the City of Lubbock and Wallace Sprinkler, Inc., of Lubbock, Texas. Said Contract
is attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council on May 24, 2018
DANIEL M. POPE, MAYOR
ATTEST:
Q'd fflr j , -
Reb ca Garza, City Secr tary
APPROVED AS TO C
7"
Scott Snider, Assistant City Manager
APPROVED AS TO FORM:
I
Justin i),ssistant City Attorney
ccdocs/RES.Contract 1395 5. Infrastructure Improvements to University Avenue and Indiana Avenue Medians
05.08.2018
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loft.
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2018-352273
Wallace Sprinkler
Lubbock, TX United States
Date Filed:
05/11/2018
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
13955
irrigation system in medians on Indiana and University Avenues
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party. ❑
6
UNSWORN DECLARATION
My name is Q' and my date of birth is
My address is A8.0 •" 6e
(stre t) (city) (date) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in A& County, State of on the &day of 20-S.
(mont (year)
WV
Sig e of authorized agent of contracting business entity
(Declarant)
Forms nroviried by Texas Ethics Commission www.ethics.st te.tx.us Version V1.0.5523
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2018-352273
Wallace Sprinkler
Lubbock, TX United States
Date Filed:
05/11/2018
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
05/11/2018
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
13955
irrigation system in medians on Indiana and University Avenues
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party.
6
UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0,5523
1�_ City of
ibbock
Taxes
ADDENDUM l
Date Extension
ITB 18-13955-SS
Infrastructure Improvements to University Ave. and
Indiana Ave. Medians
2,018-12o«3!
DATE ISSUED: April 6, 2018
REVISED OPENING DATE: April 17, 20i8' at 3:OQ p_m.
(' The following items take precedence over Specifications for the above named Invitation to Bid (ITB).
Where any item called for in the ITB documents is supplemented here, the original requirements, not
affected by this addendum, shall remain in effect.
Revised Dates:
The following dates in the ITB have been revised.
1. Questions and Answers: Tuesday, April 10, 2018 @ 5:00 p.m.
2. Closing: Tuesday, April 17, 2018 @ 3:00 p.m.
All requests for additional information or clarification must be submitted in writing and directed to:
Silvia Gonzalez, Senior Buyer
City of Lubbock
Purchasing and Contracts Management Office
1625 lath Street, Room 204
Lubbock, Texas 79401
Questions may be faxed to (806)775-2164 or Email to SGonzalez(Dimylubbock.us
Questions are preferred to be posted on BidSync: www.bidsync.com
THANK YOU,
IZA
CITY OF LUBBOCK
Silvia Gonzalez
Senior Buyer
City of Lubbock
Purchasing and Contracts Management Office
It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidderr's
responsibility to advise the Director of Purchasing and Contrast Management if any language, reguirements, etc.. or
�- = combinations thereof. inadvertently restricts or limits the requirements stated in this ITB to a single so ce. Such
notification must be submitted in writing and must be received by the Director of Purchasing and Contract
Management no later than five (5) business days prior to the close date. A review of such notifications will be made.
Page Intentionally Left Blank
City of Lubbock, TX
ITB 18-13955-SS
Infrastructure Improvements to University Ave. and Indiana Ave. Medians
P tY
Contractor Checklist
[Before submitting your bid, please ensure you have completed and included the following documents in the order
they are listed. The contractor is only to submit (1) one original unbound copy of every item listed.
1. ,.Z Carefully read and understand the plans and specifications and properly complete the BID
SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by
typewriter. Signatures must be original, in blue or black ink, and by hand. The bidder binds
�4 himself on acceptance of his bid to execute a contract and any required bonds, according to the
accompanying forms, for performing and completing the said work within the time stated and
for the prices stated below. (Include corporate seal and Secretary's signature. Identify addenda
received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY
number.)
2. z Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to
provide a bid surety WILL result in automatic rejection of your bid.
3. f/ Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT.
Contractor's signature must be original.
�- f I k e e and e d 4. 1 ! Clearly mar the bid number, title, dot n time an your company name and address on the
V outside of the envelope or container.
5. Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management
Office prior to the deadline. Late bids will not be accepted.
6. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be
explained in detail and submitted with Bid.
` 7. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firin's
FEDERAL TAX ID number or Owner's SOCIAL SECURITY number.
Complete and submit the CONFLICT OF INTEREST QUESTIONNAIRE.
). Complete and sign Chapter 2270 Prohibition on Contracts with Companies Boycotting Israel
0. Complete and submit the LIST OF SUB -CONTRACTORS.
- il[►fitiV(G'AiTC DL`tliTiDrPi1 VUi'TIIiN QVIMM UTICTMVCC T%AVC AM-rVD III f%Q1rM11.
1. _.1Z Complete and submit the FINAL LIST OF SUB -CONTRACTORS.
DOCUMENTS REQUIRED BEFORE CONTRACT IS FINALIZED:
2. —Z Please acknowledge and submit the ONLINE DISCLOSURE OF INTERESTED PARTIES FORM
1295 within the specified time according to Texas Government Code 2252.908 using the Texas
Ethics Commission website.
FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED
NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE
THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL.
or Print Company Name)
Pate Intentionally Left Blank
INDEX
NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID SUBMITTAL — (must be submitted by published due date & time)
3-1. LUMP SUM PRICE BID SUBMITTAL FORM
3-2. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT
3-3. SAFETY RECORD QUESTIONNAIRE
3-4. SUSPENSION AND DEBARMENT CERTIFICATION
LIST OF SUB -CONTRACTORS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176
CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES
GENERAL CONDITIONS OF THE AGREEMENT
DAVIS BACON WAGE DETERMINATIONS
SPECIAL CONDITIONS (IF APPLICABLE)
SPECIFICATIONS
Page Intentionally Left Blank
NOTICE TO OFFERORS
Page Intentionally Left Blank
NOTICE TO BIDDERS
ITB 18-13955-SS
Sealed bids addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of
Lubbock, Texas, will be received in the office of the Purchasing and Contract Management Office, City
Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 2:00 p.m. on April 10, 2018, or as
changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and
perform all work for the construction of the following described project:
Infrastructure Improvements to University Ave. and Indiana Ave. Medians
After the expiration of the time and date above first written, said sealed bids will be opened in the
office of the Purchasing and Contract Management Office and publicly read aloud. It is the sole
responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing and Contract
Management Office for the City of Lubbock, before the expiration of the date above first written.
Bids are due at 2:00 p.m. on April 10, 2018, and the City of Lubbock City Council will consider the
bids on TBD, at the City Hall, 1625 13th Street, Lubbock, Texas, or as soon,,thereafter as may be
reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The
successful bidder will be required to furnish a performance bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price
exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance
with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that
said contract price exceeds $50,000. Said statutory bonds should be issued by a company carrying a
current Best Rating of "A" or better. THE BONDS MUST BE IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY AND MUST BE DATED THE SAME DATE THAT THE CONTRACT
WAS AWARDED. The estimated budget for the construction phase of this project is $292,364.79
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's
or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable
surety company, payable without recourse to the order of the City of Lubbock in an amount not less than
5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and
execute all necessary bonds (if required) within ten (10) business days after notice of award of the
contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID
SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN
DISQUALIFICATION OF THE BID SUBMITTAL.
It shall be each bidder's sole responsibility to inspect the site of the work and to inform himself
regarding all local conditions under which the work is to be done. It shall be understood and agreed that
all such factors have been thoroughly investigated and considered in the preparation of the bid submitted.
There will be a mandatory pre -bid conference on March 20, 2018 at 10:00 a.m., at City Hall, 1625
13th Street, City Council Conference Room, Lubbock, TX 79401
Copies of plans and specifications may be obtained at bidder's expense from the City of Lubbock
Purchasing and Contract Management office. Plans and specifications can be viewed online and
downloaded from http://www.bidsync.com at no cost. In the event of a large file size, please be patient
when downloading or viewing. BUSINESSES WITHOUT INTERNET ACCESS may use computers
r
available at most public libraries.
i_.
4
i
Attention of each bidder is particularly called to the schedule of general prevailing rate of per
diem wages included in the contract documents on file in the office of the Purchasing and Contract ,
Management Office of the City of Lubbock, which document is specifically referred to in this Notice to
Bidders. Each bidder's attention is further directed to Texas Government Code, Chapter 2258, Prevailing
Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the -
contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. i
The City of Lubbock hereby notifies bidders that in regard to any contract entered into pursuant to
this advertisement, minority and women business enterprises shall be afforded equal opportunities to 5,
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, disability, or national origin in consideration for an award.
�1
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid
meetings and bid openings are available to all persons regardless of disability. If you require special
assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 or write to Y.
Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
Marta-ACvarez
DIRECTOR OF PURCHASING
AND CONTRACT MANAGEMENT
GENERAL INSTRUCTIONS TO OFFERORS
L
Page Intentionally Left Blank
-
GENERAL INSTRUCTIONS TO BIDDERS
1 BID DELIVERY TIME & DATE
- 1.1
The City of Lubbock is seeking written and sealed competitive bids to furnish Infrastructure
Improvements to University Ave. and Indiana Ave. Medians per the attached specifications and
contract documents. Sealed bids will be received no later than 2:00 p.m., on April 10, 2018 at the
office listed below. Any bid received after the date and hour specified will be rejected and returned
unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or
container plainly labeled in the lower left-hand corner: "ITB 18-13955-SS, Infrastructure
Improvements to University Ave. and Indiana Ave. Medians" and the bid opening date and time.
Bidders must also include their company name and address on the outside of the envelope or container.
`
Bids must be addressed to:
Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
1625 13th Street, Room 204
Lubbock, Texas 79401
1.2
Bidders are responsible for making certain bids are delivered to the Purchasing and Contract
Management Office. Mailing of a bid does not ensure that the bid will be delivered on time or
delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery
service that provides a receipt.
1.3
Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier
service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic
.-
transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS.
1.4
The City of Lubbock reserves the right to postpone the date and time for opening bids through an
addendum.
2 PRE -BID MEETING
2.1
For the purpose of familiarizing bidders with the requirements, answering questions, and issuing
addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a mandatory pre -
bid meeting will be held at 10:00 a.m., on March 20, 2018, City Hall, 1625 13'h Street, City
Council Conference Room, Lubbock, TX 79401. All persons attending the meeting will be asked to
identify themselves and the prospective bidder they represent.
2.2
It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The
City will not be responsible for providing information discussed at the pre -bid meeting to bidders who
do not attend the pre -bid meeting.
3 ADDENDA & MODIFICATIONS
3.1
Any changes, additions, or clarifications to the ITB are made by ADDENDA information available
over the Internet at www.bidsync.com. We strongly suggest that you check for any addenda a
(
minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT
INTERNET ACCESS may use computers available at most public libraries.
3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may
request an interpretation thereof from the Purchasing and Contract Management Office. At the request
of the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation
to be substantive, the interpretation will be made by written addendum issued by the Purchasing and
Contract Management Office. Such addenda issued by the Purchasing and Contract Management
Office will be available over the Internet at www.bidsync.com and will become part of the bid package
having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR
INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered,
the request must be submitted in writing and must be received by the City of Lubbock Purchasing and
Contract Management Office no later than five (5) calendar days before the bid closing date.
1?
3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of
Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only
information supplied by the City of Lubbock Purchasing and Contract Management Office in writing
or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had '
before or after receipt of this ITB with any individuals, employees, or representatives of the City and
any information that may have been read in any news media or seen or heard in any communication
facility regarding this bid should be disregarded in preparing responses.
3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders.
4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS
4.1 Each, bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all
requirements before submitting a bid to ensure that their bid meets the intent of these specifications.
4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and
examinations that are necessary to ascertain conditions and requirements affecting the requirements of
this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the
bidder from obligation to comply, in every detail, with all provisions and requirements of the
Invitation to Bid.
4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents,
shall be given to the Purchasing and Contract Management Office and a clarification obtained
before the bids are received, and if no such notice is received by the Purchasing and Contract
Management Office prior to the opening of bids, then it shall be deemed that the bidder fully
understands the work to be included and has provided sufficient sums in its bid to complete the
work in accordance with these plans and specifications. If bidder does not notify Purchasing
and Contract Management Office before bidding of any discrepancies or omissions, then it shall
be deemed for all purposes that the plans and specifications are sufficient and adequate for
completion of the project. It is further agreed that any request for clarification must be
submitted no later than five (5) calendar days prior to the bid closing date.
BID PREPARATION COSTS
5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the
preparation and submission of a bid.
5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services
or equipment.
5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder.
6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT
6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision,
including trade secrets and commercial or financial information, clearly identify those portions.
6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and
decline to release such information initially, but please note that the final determination of whether a
particular portion of your bid is in fact a trade secret or commercial or financial information that may
be withheld from public inspection will be made by the Texas Attorney General or a court of
competent jurisdiction. In the event a public information request is received for a portion of your bid
that you have marked as being confidential information, you will be notified of such request and you
will be required to justify your legal position in writing to the Texas Attorney General pursuant to
Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the
Texas Attorney General or a court of competent jurisdiction that such information is in fact not
privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the
Local Government Code, then such information will be made available to the requester.
6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas
Open Records Act.
LICENSES,ERMIT TAXE 7PERMITS, S
{ ' The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or
may be required to pay.
8 UTILIZATION OF LOCAL BUSINESS RESOURCES
[ Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local
resources, and to outline in their bid submittal how they would utilize local resources.
Mq 9 CONFLICT OF INTEREST
9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with
any employee, official or agent of the City of Lubbock.
9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered,
conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special
treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other
exercise of discretion concerning this bid.
10 CONTRACT DOCUMENTS
10.1 All work covered by the contract shall be done in accordance with contract documents described in the
General Conditions.
10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract
documents for the construction of this project and shall be responsible for the satisfactory completion
of all work contemplated by said contract documents.
11 PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered
I by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid
- without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in
the Notice to Bidders.
12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS
12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be
i the bidder's responsibility to advise the Purchasing and Contract Management Office if any language,
requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated
in this ITB to a single source. Such notification must be submitted in writing and must be received by
the City of Lubbock Purchasing and Contract Management Office no later than three (3) business days
before the bid closing date. A review of such notifications will be made.
12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR
ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION
TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN THREE (3)
BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO:
Sara Summers, Senior Buyer
-- City of Lubbock
Purchasing and Contract Management Office
1625 13a' Street, Room 204
Lubbock, Texas 79401
Fax: 806-775-2164
Email: SSuers@mylubbock.us
Bidsync: www.bidsvnc.com
13 TIME AND ORDER FOR COMPLETION
13.1 The construction covered by the contract documents shall be substantially completed within 90 `
Calendar Days from the date specified in the Notice to Proceed issued by the City of Lubbock to the
successful bidder.
13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided,
however, the City reserves the right to require the Contractor to submit a progress schedule of the
work contemplated by the contract documents. In the event the City requires a progress schedule to be
submitted, and it is determined by the City that the progress of the work is not in accordance with the
progress schedule so submitted, the City may direct the Contractor to take such action as the City
deems necessary to ensure completion of the project within the time specified.
14 PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of
the contract documents.
15 AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to
execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the
improvements contemplated by the contract documents have been paid in full and that there are no claims
pending, of which the Contractor has been notified.
16 MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade
will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not
relieve the Contractor of full responsibility for providing materials of high quality and for protecting them
adequately until incorporated into the project. The presence or absence of a representative of the City on the
site will not relieve the Contractor of full responsibility of complying with this provision. The specifications
for materials and methods set forth in the contract documents provide minimum standards of quality, which the
Owner believes necessary to procure a satisfactory project.
17 GUARANTEES
17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed
against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to
the Owner, a written general guarantee which shall provide that the Contractor shall remedy any
defects in the work, and pay for any and all damages of any nature whatsoever resulting in such
defects, when such defects appear within TWO years from date of final acceptance of the work as a
result of defective materials or workmanship, at no cost to the Owner (City of Lubbock).
17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and
warrants fault -free performance and fault -free result in the processing date and date -related data
(including, but not limited to calculating, comparing and sequencing) of all hardware, software and
firmware products delivered and services provided under this Contract, individually or in combination,
as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations
will be recognized and accommodated and will not, in any way, result in hardware, software or
firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to
demonstrate the procedures it intends to follow in order to comply with all the obligations contained
herein.
17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub-
contractor or any third party involved in the creation or development of the products and services to be
delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations
contained herein, may result in the City of Lubbock availing itself of any of its rights under the law }
and under this Contract including, but not limited to, its right pertaining to termination or default.
17.4 The warranties contained herein are separate and discrete from any other warranties specified in this
Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the '
i`
Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes
or any document incorporated in this Contract by reference.
18 PLANS FOR THE CONTRACTOR
The contractor will, upon written request, be furnished up to five sets of plans and specifications and related
contract documents for use during construction. Plans and specifications for use during construction will only
_ be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications
to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the
Contractor.
19 PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,
c
supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any
and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until
the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids
have been opened and before the contract has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the intended contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
20 TEXAS STATE SALES TAX
20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to
provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy
the materials to be incorporated into the work without paying the tax at the time of purchase.
21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractors responsibility to prosecute the work contemplated by the contract documents in
such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines,
conduits or other underground structures which might or could be damaged by Contractor during the
construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will
furnish Contractor the location of all such underground lines and utilities of which it has knowledge.
However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such
underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated
by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas,
at Contractor's expense.
22 BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals,
and shall take such other precautionary measures for the protection of persons, property and the work as may
be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades,
signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately
removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for
maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's
certificate of acceptance of the project.
23 EXPLOSIVES
23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the
Contractor from the City. In all cases where written permission is obtained for the use of explosives,
the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect
result of the blasting. In addition, in all cases where explosives are authorized to be used, the
Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further
use only such methods as are currently utilized by persons, firms, or corporations engaged in similar
type of construction activity.
23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor.
23.3 In all cases where explosives are to be used during the construction of the project contemplated by this
contract, it shall be the duty of the Contractor to notify each utility company having structures (above
or below the ground) in proximity to the site of the work of Contractor's intention to use explosives,
and such notice shall be given sufficiently in advance to enable the companies to take such steps as
they may deem necessary to protect their property from injury. Such notice, however, shall not relieve
the Contractor of responsibility for any damage resulting from his blasting operations.
24 CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times while
the work is in progress under this contract. The successful bidder shall be required to furnish the name,
address and telephone number where such local representative may be reached during the time that the work
contemplated by this contract is in progress.
25 INSURANCE
25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as
required in the General Conditions of the contract documents, from an underwriter authorized to do
business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the
City and written notice of cancellation or any material change will be provided ten (10) days in
advance of cancellation or change. All policies shall contain an agreement on the part of the insurer
waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense
through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of
that specified herein also shall be acceptable. Such insurance shall be carried with an insurance
company authorized to transact business in the State of Texas and shall cover all operations in
connection with this contract, whether performed by the Contractor or a subcontractor, or separate
policies shall be provided covering the operation of each subcontractor. A certificate of insurance
specifying each and all coverages shall be submitted before contract execution.
25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE
FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES
FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON
AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO
INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF
SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE
CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF
COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION
COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE
REQUIRED.
26 LABOR AND WORKING HOURS
26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem
wages included in these contract documents. The wage rate that must be paid on this project shall not
be less than specified in the schedule of general prevailing rates of per diem wages as above
mentioned. The bidders' attention is further directed to the requirements of Texas Government
Code, Chapter 2258, Prevailing Wage Rates providing for the payment of the wage schedules
above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general
prevailing rate of per diem wages in the contract documents does not release the Contractor from
compliance with any wage law that may be applicable. Construction work under the contract requiring
an inspector shall not be performed on weekends or holidays unless the following conditions exist:
26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the
necessary service to its citizens.
I
26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor
is approaching the penalty provisions of the contract and Contractor can show he has made a
diligent effort to complete the contract within the allotted time.
26.2 Before construction work requiring an inspector is to be performed on Sunday or holidays, the
f Contractor must notify the Owner's Representative not less than three full working days prior to the
weekend or holiday he desires to do work and obtain written permission from the Owner's
Representative to do such work. The final decision on whether to allow construction work requiring
e m an inspector on Sunday or holidays will be made by the Owner's Representative.
26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done
under this contract which is hazardous or dangerous to property or life, the Contractor shall
immediately commence work, regardless of the day of the week or the time of day, to correct or
alleviate such condition so that it is no longer dangerous to property or life.
27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the
project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable
without discount, not less often than once each week. The Contractor and each of his subcontractors
shall keep a record showing the name and occupation of each worker employed by the Contractor
or subcontractor in the construction of the public work and the actual per diem wages paid to each
worker. This record shall be open at all reasonable hours to inspection by the officers and agents of
the City. The Contractor must classify employees according to one of the classifications set forth in the
schedule of general prevailing rate of per diem wages, which schedule is included in the contract
documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract
is made, sixty dollars ($60) for each laborer, workman, or mechanic employed for each calendar day, or
portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular
classification as set forth in the schedule of general prevailing rate of per diem wages included in these
contract documents.
28 PROVISIONS CONCERNING ESCALATION CLAUSES
Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to
the bidder without being considered.
29 PREPARATION FOR BID
29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form shall
be correctly filled in, stating the price in numerals for which he intends to do the work contemplated or
furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten.
In case of discrepancy between the unit price and the extended total for a bid item, the unit price will
be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the
bid price.
29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent.
If a bid is submitted by a firm, association, or partnership, the name and address of each member must
be given and the bid signed by a member of the firm, association or partnership, or person duly
authorized. If the bid is submitted by a company or corporation, the company or corporate name and
business address must be given, and the bid signed by an official or duly authorized agent. Powers of
attorney authorizing agents or others to sign bids must be properly certified and must be in writing and
submitted with the bid. The bid shall be executed in ink.
29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and
endorsed on the outside of the envelope in the following manner:
29.3.1 Bidder's name:
29.3.2 Bid for "ITB 18-13955, Infrastructure Improvements to University Ave. and Indiana
Ave. Medians" Bid submittals may be withdrawn and resubmitted at any time before the time
set for opening of the bids, but no bid may be withdrawn or altered thereafter.
�k
29.4 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been
opened may not be changed for the purpose of correcting an error in the bid price.
THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID 4
SUBMITTAL FORM PRIOR TO BID OPENING.
30 BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the
following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Submittal.
(d) Statutory Bonds (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates for Contractor and all Sub -Contractors.
(j) All other documents made available to bidder for his inspection in accordance with the Notice to
Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
31 QUALIFICATIONS OF BIDDERS
The bidder may be required before the award of any contract to show to the complete satisfaction of the City of
Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified
therein in a satisfactory manner. The bidder may also be required to give a past history and references in order
to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable
investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the
bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's
bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or
investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out
the obligations of the contract and to complete the work described therein. Evaluation of the bidder's
qualifications shall include:
(a) The ability, capacity, skill, and financial resources to perform the work or provide the service required.
(b) The ability of the bidder to perform the work or provide the service promptly or within the time specified,
without delay or interference.
(c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder.
(d) The quality of performance of previous contracts or services.
(e) The safety record of the Contractor and proposed Sub -Contractors
Before contract award, the recommended contractor for this project may be required to show that he has z
experience with similar projects that require the Contractor to plan his work efforts and equipment needs with f
City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL
similar municipal and similar non -municipal current and completed projects for the past three (3) years for f
review. This list shall include the names of supervisors and type of equipment used to perform work on these
projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used
to perform work on this project in compliance with City of Lubbock specifications herein.
is
32 BID AWARD
32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and
to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its
sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid
M1 plus the sum of any alternate bids or options the City may select.
32.2
All bids are evaluated for compliance with specifications before the bid price is considered. Response
to specifications is primary in determining the best low bid. Failure to comply with the specifications
may result in disqualification of the bid.
32.3
In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may
be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to
determine possible Anti -Trust violations.
--- 32.4
Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower
E
than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas
`
bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state.
32.5
Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into
i
the State of Texas and under the laws of the State of Texas. In connection with the performance of
work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment
Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the
extent that the same may be applicable.
32.6
NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY
AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR
PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY
SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID.
33 ANTI -LOBBYING PROVISION
Y
..;
33.1
DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT
AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL
NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE
LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY -
+
SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS
REQUESTED BY THE CITY.
33.2 This provision is not meant to preclude bidders from discussing other matters with City
Council members or City staff. This policy is intended to create a level playing field for all
potential bidders, assure that contract decisions are made in public, and to protect the integrity
of the bid process. Violation of this provision may result in rejection of the bidder's bid.
34 PREVAILING WAGE RATES
34.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage
Rates, with respect to the payment of prevailing wage rates for the construction of a public
Y work, including a building, highway, road, excavation, and repair work or other project
development or improvement, paid for in whole or in part from public funds, without regard
to whether the work is done under public supervision or direction. A worker is employed on a
public work if the worker is employed by the contractor or any subcontractor in the execution
of the contract for the project
i _'
34.2 A worker employed onpublic work by or on behalf of the City of Lubbock shall be paid no
t
less than the general prevailing rate of per diem wages for the work of a similar character in
the locality in which the work is performed and not less than the general prevailing rate of per
diem wages for legal holiday and overtime work.
34.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant
to and in accordance with the Texas Government Code, Section 2258.022. Bidders may
access the U. S. Department of Labor web site at the following web address to obtain the rates
to be used in Lubbock County:
htip://www.wdol.gov/dba.aspx
34.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from the
web site for the type of work defined in the bid specifications.
34.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall
pay to the City of Lubbock sixty dollars ($60) for each worker employed for each calendar
day or part of the day that the worker is paid less than the wage rates stipulated in the contract.
BID SUBMITTAL FORM
Page Intentionally Left Blank
BID SUBMITTAL FORM
LUMP SUM BID CONTRACT
[-'DATE: 116
�8
PROJECT NUMBER: ITB 18-13955-SS, INFRASTRUCTURE IMPROVEMENTS TO UNIVERSITY
AVE. A D INDI NA AVE. MEDIANS
r
Bid ofjai_
(hereinafter called Bidder)
To the Honorable Mayor and City Couhcil City of Lubbock, Texas (hereinafter called Owner)
,Ladies and Gentlemen:
(. =The Bidder, in compliance with your Invitation to Bid for the Infrastructure Improvements to University Ave. and Indiana
Ave. Medians, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other
*elated contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the
construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor,
materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents,
within the time set forth therein and at the price stated below.
The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the
accompanying forms, for performing and completing the said work within the time stated and for the prices stated below.
BASE BID:
ITEM
NO,
DESCRIPTION
UNIT
ESTIMATED
QUANTITY
UNIT PRICE
Demolition and removal of designated items.
I
Include all necessary incidentals to complete the
LS
I
,�----yy
work.
zuv
Installation of new irrigation equipment site -wide
2
listed on plans and specifications. Include all
LS
1
--
necessary incidentals to complete the work.
Boring throughout sites as depicted on plans.
'
3
Include all necessary incidentals to complete the
LS
I
work.
Set-up of all electrical services where depicted on
4
plans. Include all necessary incidentals to complete
LS
I
-'
the work.
/ ,
(5
Set-up and removal of all safety equipment
throughout duration of project. Include all necessary
LS
I
i
IX
incidentals to complete the work.
v
Restoration of all disturbed grass areas with sod.
Fine
6
grading and clean up as required. Include all
LS
1�
necessary incidentals to complete the work.
-
Total Base Bid (Items 1-6)
S 5"0 }
Page Intentionally Left Blank
Bidder's Initials
Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to
Proceed" of the Owner and to substantially complete the project within 90 CALENDAR DAYS thereafter as stipulated
in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages
17 the sum of $150 for each consecutive calendar day in excess of the time set forth herein above for completion of this
project, all as more fully set forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 28 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 calendar days after the
scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on
which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company,
payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total
amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and
execute all necessary bonds (if required) within 10 business days after notice of award of the contract to him
Bidder's Initials
Enclosed with this bid is a Cashier's Check or Cleytirwil Check fqr_ —Wars
(5 ) or a Bid Bond in the sum of _ Dollars (�—which it is agreed
shall be collected and retained by the Owner as tiq idated damages in the event the bid is accepte by the Owner and the
undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the
Owner within 10 business days after the date of receipt of written notification of acceptance orsaid bid; otherwise, said check
or bond shall be returned to the undersigned upon de iand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice tg Bidders f t,�)
Pursuant to Texas Local Government Code 252.043t g), a
competitive sealed bid that has been opened may no be
changed for the purpose of correcting an error in th bid price.
THEREFORE, ANY CORRECTIONS TO THE BID PRICE
MUST BE MADE ON THE BID SUBMITTAL FOF:M PRIOR
TO BID OPENING.
(Sea] if Bidder is a Corporation)
ATTEST:
Secretary
Bidder acknowledges receipt of the following addenda:
Addenda No. J— Date /D
Addenda No. Date
Addenda No. Date
Addenda No. hate
Signature
or
City. .r Coun
ff )'�., ,
state a -i--- Zip Code ��ff
Tele hone Dr6 -
Fax:
FEDERAL TAX ID or SOCiAI. SECURITY No.
EMAIL: '-roll
NIMBE Firm Woman lack Amenean I Native American
Hispanic American I Sian Pacific American Other (S )
4
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firrr, Individual: _
Date of Award by City Council (for bids over S50, 000):— Date P.O./Contract Issued:
RETURN COMPLETED & SIGNED BID IFOIf;M ALONG WITH CITY OF LUBBOCK SPECIFICATIONS.
LABEL THE OUTSIDE OF YOUR SEALED BID W t TH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND
YOUR COMP -.NY NAME AND ADDRESS.
Bid Bond
Surety Department
KNOW ALL MEN BY THESE PRESENTS,
That we, Wallace Sprinkler, as Principal, hereinafter called the Principal, and the Washington
International Insurance Company, a Corporation created and existing under the laws of the State of
New Hampshire, whose principal office is in Overland Park, KS, as Surety, hereinafter called the Surety, are
} held and firmly bound unto the City of Lubbock, Texas, as Obligee, hereinafter called the Obligee, in the
sum of Five Percent (5%) of the Greatest Amount Bid ($-----5%---------), for the payment of which sum,
well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
Whereas, the Principal has submitted a bid for
LUBBOCK - INFRASTRUCTURE IMPROVEMENTS TO UNIVERSITY AVE. AND
INDIANA AVE. MEDIANS - ITB #18-13955-SS
NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a
contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be
specified in the bidding or contract documents with good and sufficient surety for the faithful performance of
such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the
event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall
pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid
and such larger amount for which the Obligee may in good faith contract with another party to perform the
work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and
effect.
Signed and sealed this 17th day of April, 2018.
Attest:
_ 3
_. By: By
Witness:
Wallace Snrin -w
(Principal) -.`
. 1 -1ttFtt
..q
(SEAL)
Washington International
Insurance Company
By
evin i. Dunif, Attorney -in -Fact (SEAL)
Form S-3266-4 Printed in U.S.A. 12-70
SWISS RE CORPORATE SOLUTIONS
NORTH AMERiCAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
WESTPORT INSURANCE CORPORATION
GENERAL POWER OF ATTORNEY J
KNOW ALL MEN BY THESE PRESENTS, TI"IAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal offrcc in the City of Overland Park. Kansas and Washington International insurance
Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City ofOvcriand j
Park, Kansas, and Westport insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of
Overland Park, Kansas each does hereby make, constitute and appoint:
W. LAWRENCE BROWN, TRACY TUCKER, KEViN J. DUNN and STEVEN TUCKER
JOINTLY OR SEWRALLY
i
its true and lawful Attemey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on bchaifof each of said Companies, as surety, on contracts ofsuretyship as are or may be required or permitted by
law, regulation. contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000,00) DOLLARS '
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Doards of
Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011.
"RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Po\ver of Attomcy to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the sent of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall he
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surely to which it is attached."
MON
: ti'
e, SFJU a SEAL I
%?' 1 PI3 obi n �ti,'tt�71tR�
By 64":2-7
Steve r. An.1com,a ■a n tme ■ nwraate C—imay
• Sealer Vitt P"Adeat arxarth Matrk■n Spetl■Uy larm"ea Cnmp■ay
6 Stake Vke PmWeatef Wnr.C■rpxNlee
B
Mlke A. Its. Seale Vke PettWmt Of Wak"an Inittu■da" imet■na Canp■wy
S senim vkt Prr tW ■r emb Aax.k■a S+trk■gy In%nwee Campay
A Scalar \ kt PrerWent of wntpatt Imenaer Carpantlen
IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington international Insurance Company and Westport
Insurance Corporation have caused their official scats to be hereunto affixed, and these presents to be signal by their authorized officers this
this 12 day of September , 20 17 .
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois Westport Insurance Corporation
County of Cook ss:
On this 12 day of September , 20 17, before me, a Nolnry Public personally appeared Steven P. Anderson , Senior Vice President of
Washington Inlcmational Insurance Company and Senior Vice President of North American Specially Insurance Company and Senior Vice President of
Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington Inlcmational Insurance Company and Senior Vice President
of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who
being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the
voluntary act and deed of their respective companies.
t7FF'ICIAL SEJtI
NOTARY
M 1tFltNtt
MY{DMIJASSIO t E7tPOO iZIOVM17 M. Kenny, Notary Public t
1, Jeffrey Goldberg the duly elected Vice President and Assistant Secretary of Idarth American Specialty Insurance Company, Washington
international Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a time and correct copy of a t
Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance t
Corporation which is still in fill force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the smis of the Companies this 17111 day of April .20 18
AV
kffW WdtwM vice nridew A Aauaam seertm• arwootw Wn Munntionm rnntmnct compeug a
Nmtk American Spe ialty innamce Catrpmq k Vine Pratdmt A Aanttam senetwy of weapon I w"nee Corpomt," / `
City of Lubbock, TX
Insurance Requirement Affidavit
To Be Completed by Bidder
Must be submitted with Bid
`I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by
me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten
i (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the
'(-.City meeting all of the requirements defined in this bid.
�at<'e
=Contractor riginat Signature) Contracts (Print)
..ONTRACTOR'S BUSINESS NAME: �(At_%
(Print or Type)
t CONTRACTOR'S FIRM ADDRESS:
NOTE TO CONTRACTOR
If the time requirement specified above is not met, the City has the right to reject this bid and award the contract
another contractor. If you have any questions concerning these requirements, please contact the Director of
'urehasine & Contract Manaeement Office for the Citv of Lubbock at (806) 775-2572.
TB 18-13955-SS, Infrastructure Improvements to University Ave. and Indiana Ave. Medians
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City of Lubbock, TX
Safety Record Questionnaire
The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local
Government Code, and consider the safety records of potential contractors prior to awarding bids on City
contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the
following written definition and criteria for accurately determining the safety record of a bidder prior to awarding
bids on City contracts.
The definition and criteria for determining the safety record of a bidder for this consideration shall be:
The City of Lubbock shall consider the safety record of the bidders in determining the responsibility
thereof The City may consider any incidents involving worker safety or safety of the citizens of the City of
Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause
or factor. Specifically, the City may consider, Among other things:
a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission
(OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years.
b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations
within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited
to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the
Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the
Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas
Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the
Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing
environmental protection or worker safety related laws or regulations, and similar regulatory agencies of
other states of the United States. Citations include notices of violation, notices of enforcement,
suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal
complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final
judgments.
C. Convictions of a criminal offense within the past ten (10) years, which resulted from bodily harm or
death.
Any other safety related matter deemed by the City Council to be material in determining the
responsibility of the bidder and his or her ability to perform the services or goods required by the bid
documents in a safe environment, both for the workers and other employees of bidder and the citizens of
the City of Lubbock.
In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of
i potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the
following three (3) questions and submit them with their bids:
QUESTION ONE
Has the bidder, or the fine corporation, partnership, or institution represented b the bidder, or anyone actin for
�. rp , P P, P Y Y g
such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three
(3) years?
YES NO
_Z
If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with
its bid submission, the following information with respect to each such citation:
i Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and
penalty assessed.
i•.
L
QUESTION TWO
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for
such firm corporation, partnership or institution received citations for violations of environmental protection
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laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of
,
enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal
complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final
judgments.
YES NO —Z
J
If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with
its bid submission, the following information with respect to each such conviction:_
Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if
any, and penalty assessed.
i
1
QUESTION THREE
�-1
Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for
such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal
offense which resulted from serious bodily injury or de t1f�
YES NO
If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock,
with its bid submission, the following information with respect to each such conviction:
Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty
assessed.
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in
my statements and answers to questions. I am aware that the information given by me in this questionnaire shall
be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be
rejected.
ignature
Title
City of Lubbock, TX
Suspension and Debarment Certification
Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting
with or making sub -awards under covered transactions to parties that are suspended or debarred or whose
principals are suspended or debarred. Covered transactions include procurement contracts for goods or services
equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients).
Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their
organization and its principals are not suspended or debarred by a Federal agency.
Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its
principals are not suspended or debarred by a Federal agency.
I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are
suspended or debarred by a Federal agency.
COMPANY NAME: Oct 1
FEDERAL TAX ID or SOCIAL SEC TY No.
�__'S(i
Signature of Company Official:(5�5aeel'
((
Printed name of company fficial s'gning a ve:
Date Signed: 1 , f
3
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CITY OF LUBBOCK, TX
Chapter 2270 Prohibition on Contracts with Companies Boycotting Israel
House Bill 89, adopted by the 85"' Legislature, created §2270.001, Texas Government Code, Section Subtitle F,
Title 10, requires a company entering to a contract with a governmental entity or state agency to verify that the
company: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (Effective
September 1, 2017)
1, the undersigned agent for the company named below, certify that the Company does not boycott Israel and
will not boycott Israel during the terns of the contract.
COMPANY NAM
Signature of Company Official:
Date Signed:.
Printed name of company official signing above:
NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE BIDIPROPOSAL
4
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LIST OF SUB -CONTRACTORS
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ITB 18-I3955-SS Infrastructure Improvements to University Ave. and Indiana Ave. Medians
LIST OF SUB CONTRACTORS
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Minority Owned
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THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL
► IF NO SUB —CONTRACTORS WILL BE USED PLEASE INDICATE SO
6
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FINAL LIST OF SUB -CONTRACTORS
Minority Owned
pan} Nerve Location Services Prodded
Yes
No
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SUBMITTED
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THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN
BUSINESS DAYS AFTER THE CLOSE DATE WHEN PROPOSALS ARE DUE
IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO
ITB 18-13955-SS Infrastructure Improvements to University Ave. and Indiana Ave.
Medians
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PAYMENT BOND
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'5M Ho - sqq-614a
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
- (CONTRACTS MORE THAN $50,000)
KNOW ALL MEN BY THESE PRESENTS, that Wallace Sprinkler, Inc., (hereinafter called the Principal(s), as
Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
called the Obligee), in the amount of Three Hundred and Twenty Nine Thousand and Five Hundred Dollars
($ 329,500.00) lawful money of the United States for the payment whereof, the said Principal and Surety bind
themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 24th day
of May, 2018, to ITB 18-13955-SS Infrastructure Improvements to University Ave. and Indiana Ave.
and said Principal under the law is required before commencing the work provided for in said contract to execute
a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to
the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work
provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of
the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions
of said Article to the same extent as if it were copied at length herein.
IN WITNESS EREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument
this day of < , 2018.
QSh1Y�qq tl tGl jCnA-1
\y�( UYc?- �6"no Avt w4w- C .
Surety (Company Name)
*By:
(Title)
Page Intentionally Left Blank
Th dersi e surety company represents that it is duly qualified to do business in Texas, and hereby
designates n _ an agent resident in Lubbock County to whom any requisite notices may be
delivered and on whom service of process may be had in matters arising out of such suretyship.
Surety /
* By.
(Title) 1'JU�
jApproved as to form: i�}�� ' ha
City of Lubbock
1
By: e)r6�
ty A orney
* Note: If signed by an Office of the Surety Company there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have
l" copy of power of attorney for our files.
2
Pate Intentionally Left Blank
PERFORMANCE BOND
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?" N0-506-6-bqa-
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
KNOW ALL MEN BY THESE PRESENTS, that Wallace Sprinkler, Inc., (hereinafter called the Principal(s), as
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of Three hundred and Twenty Nine Thousand and Five Hundred Dollars ($329,500.00)
lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs,
administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 24th day of May,
2018, to RFP 18-13955-SS Infrastructure Improvements to University Ave. and Indiana Ave. Medians.
G'
and said principal under the law is required before commencing the work provided for in said contract to execute a bond
in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent
as if copied at length herein.
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NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall
be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
article to the same extent as if it were copied at length herein.
day of _
UJ�tin
By:
WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
(II O 7n1 S2
(Title)
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Thi;,undersigqed surety company represents that it is duly qualified to do business in Texas, and hereby
designates MAO • • an agent resident in Lubbock County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship.
�o)i�
urety
*By.
(Title) 0U-Y)o�
Approved as to Form
City of Lubbock
4
By:
C' A torney
* Note: If signed by an Office of the Surety Company, there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
Pa2e IntentionaUY Left Blank
SWISS RE CORPORATE SOLUTIONS
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
WESTPORT INSURANCE CORPORATION
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas and Washington International Insurance
Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland
Park, Kansas, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of
Overland Park, Kansas each does hereby make, constitute and appoint:
W. LAWRENCE BROWN, TRACY TUCKER, KEVIN J. DUNN and STEVEN TUCKER
JOINTLY OR SEVERALLY
Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011.
"RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
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0�,;j �npurrG �i•,$
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SEAL
c3 j SEAL
B 1�--
Steven-7ntT ern, -Senor vice President at as n on International lasurance Company
& Senior Vice President of North American Specialty Insurance Company
& Senior Vice President oorrwee/sstttportt firtrtssurance Corporation
By
Mike A. Ito, Senior Vice President of Washington International Insurance Company
& Senior Vlce President or North American Specialty Insurance Company
& se. lar Vice President or Westport Insurance Corporation
IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport
Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this
this 12 day of September , 20 17 ,
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois Westport Insurance Corporation
County of Cook ss:
On this 12 day of September 2017 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of
Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President
of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who
being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the
voluntary act and deed of their respective companies. t
01iG1AL SEAL
1
M KENNY �
MY I VIM I20 017 M. Kenny, Notary Public z
I, Jeffrey Goldberg the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington
International Insurance Company and Westport -Insurance Corporation'do hereby certify that the above and foregoing is a true and correct copy of a
Power of Attorney given by said North Americas Specialty Iristir�n�e Company, Washington International Insurance Company and Westport Insurance
Corporation which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 4th day of June 20 18
nettrep Goldberg, Vice President & Assistant Secretary of Washington Intenuaional Insurance Company &
North American Specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corporation
North American Specialty Insurance Company
Washington International Insurance Company
Westport Insurance Corporation
CLAIMS INFORMATION
IMPORTANT NOTICE ADVISO IMPORTANTE
In order to obtain information or make a complaint:
You may contact Jeffrey Goldberg, Vice President
— Claims at 1-800-338-0753
You may call Washington International Insurance
Company and/or North American Specialty Insurance
Company's and/or Westport Insurance Corporation
toll -free number for information or to make a
complaint at:
1-800-338-0753
You may also write to Washington International
Insurance Company and/or North American Specialty
Insurance Company and/or Westport Insurance
Corporation at the following address:
1450 American Lane
Suite 1100
Schaumburg, IL 60173
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium
or about a claim you should contact the Washington
International Insurance Company and/or North
American Specialty Insurance Company and/or
Westport Insurance Corporation.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not
become a part or condition of the attached
document.
Para obtener informacion o para someter un queja:
Puede comunicarse con Jeffrey Goldberg, Vice
President — Claims, al 1-800-338-0753
Usted puede Ilamr al numero de telefono gratis de
Washington International Insurance Company and/or
North American Specialty Insurance Company's and/or
Westport Insurance Corporation para informacion o
para someter una queja al:
1-800-338-0753
Usted tambien puede escribir a Washington
International Insurance Company and/or North
American Specialty Insurance Company and/or
Westport Insurance Corporation al:
1450 American Lane
Suite 1100
Schaumburg, IL 60173
DISPUTAS SOBRE PRIMAS O RECLAMOS:
Si tiene una disputa concerniente a su prima o a un
reclamo, debe comunicarse con el Washington
International Insurance Company and/or North
American Specialty Insurance Company and/or
Westport Insurance Corporation.
UNA ESTE AVISO A SU POLIZA
Este aviso es solo para proposito de infromacion y no
se converte en parte o condicion del documento
adj u nto.
CERTIFICATE OF INSURANCE
3
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CERTIFICATE OF INSURANCE
TO: CITY OF LUBBOCK DATE:
P.O. BOX 2000, Room 204
LUBBOCK, TX 79457 TYPE OF PROJECT:
THIS IS TO CERTIFY THAT (Name and Address of Insured) is,
at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for
} the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further
hereinafter described. Exceptions to standard policy noted hereon.
TYPE OF INSURANCE
POLICY NUMBER
EFFECTINT
EFFECTIVE
LIMITS
DATE
DATE
GENERAL LIABILITY
❑ Commercial General Liability
General Aggregate $
❑ Claims Made
Products-Comp/Op AGG $
❑ Occurrence
Personal & Adv. Injury $
❑ Owner's & Contractors Protective
Each Occurrence $
❑
Fire Damage (Any one Fire) $
Med Exp (Any one Person)
$
AUTOMOTIVE LIABILITY
❑ Any Auto
Combined Single Limit $
All Owned Autos
Bodily Injury (Per Person) $
❑ Scheduled Autos
Bodily Injury (Per Accident) $
Hired Autos
Property Damage $
❑ Non -Owned Autos
GARAGE LIABILITY
Any Auto
Auto Only - Each Accident $
❑
Other than Auto Only:
Each Accident $
Aggregate $
11 BUILDER'SRISK
❑ 100% of the Total Contract Price
$
INSTALLATIONFLOATER
$
EXCESS LIABILITY
❑ Umbrella Form
Each Occurrence $
Aggregate $
Other Than Umbrella Form
$
WORKERS COMPENSATIONAND
EMPLOYERS' LIABILITY
The Proprietor/ ❑ Included
Statutory limits
Partners/Executive ❑ Excluded
Each Accident $
Offices are:
Disease Policy Limit $
Disease -Each Employee $
OTHER
l The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or
canceled by the insurer in less than the legal time required after the insured has received written notice of such change or
cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation.
FIVE COPIES OF THE CERTIFICATE OF INSURANCE
(Name of Insurer)
MUST BE SENT TO THE CITY OF LUBBOCK
BY:
Title:
fThe Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto /General
` Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. IT SHALL BE THE CONTRACTOR'S. THE
P g tY
ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS.
CONTRA CTORCHECKLIST
A CONT CTOR SHALL:
_ (t) provide coverage for its employees providing services on a project, for the duration of the project based
on proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
£' ( provide a certificate of coverage showing workers' compensation coverage to the governmental entity
prior to beginning work on the project;
/(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
'X I
(4) obtain from each person providing services on a protect, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
>'(6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after
the contractor knew or should have known, of any change that materially affects the provision of
X coverage of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide
coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at least 19-point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional
words or changes:
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A
CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE
CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND
NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A
WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. 1T SHALL BE THE
CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE
INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH
SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED.
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must (see
reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering
equipment and materials, or providing labor or transportation or other service related to the project, regardless of the
identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal
{ requirement for coverage, to verify whether your employer has provided the required coverage, or to
report an employer's failure to provide coverage." and
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements for all of its employees providing services on the project, for
-- the duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the
project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of this
rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during
the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
F- (H) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they
are providing services.
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CONTRACT
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Contract 13955
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 24th day of May, 2018, by and between the City of Lubbock,
€ County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so,
G hereinafter referred to as OWNER, and Wallace Sprinkler, Inc. of the City of Lubbock, County of Lubbock and the
State of Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
ITB 18-13955-SS Infrastructure Improvements to University Ave. and Indian Ave. Medians
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own
proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance
and other accessories and services necessary to complete the said construction in accordance with the contract documents
as defined in the General Conditions of Agreement. Wallace Sprinkler, Inc. bid dated April 16, 2018 is incorporated
into and made a part of this agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specifiedirrtbe contr ct o ents.
The OWNER agrees to pay the CONTRACTOR in current funds for e erfor nce o the contract in accordance
with the bid submitted therefore, subject to additions and deductions, as provided i the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
CONTRACTOR:
Wallace Sprinkler, Inc.
ATEEDBPE: t,.0
TITLE:
COMPLETE ADDRESS:
Wallace Sprinkler, Inc.
9806 Topeka
Lubbock, TX 79424
ATTEST:
Corporate Secretary
t'
CITY O LUBBOC T AS (OWNER):
By;
Daniel M. Pope, May
ATTEST: �.
Rekeca Garza, City Secr tary
APPROVED AS TO FORM:
Jus ' Prui , Assistant City Attorney
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CONFLICT OF INTEREST QUESTIONNAIR CHAPTER 176
FOR VENDOR DOING WITH LOCAL BUSINESS GOVERNMENTAL ENTITY
S O
t_
This questionnaire reflects changes made to law by H.B. 23, 841h Leg., Regular Session
Businesses and individuals doing business with the City need to file conflict of interest questionnaires with the
Office of the City Secretary's Office. Local government officers are also required to file when a conflict exists.
The questionnaire is to be filed in accordance with Chapter 176, Local Government Code, by a vendor who has
a business relationship as defined by Section 176.001 (1-a) with a local governmental entity and the vendor
meets the requirements under Section 176.006(a).
By law this questionnaire must be filed with the City Secretary's Office of the local governmental entity no later
than the 71h business day after the date the vendor becomes aware of the facts that require the statement to be
filled.
Chapter 176 of the Local Government Code requires the City Manager and Council Members to file a Conflicts
Disclosure Statement regarding their relationships with City vendors (including bidders and potential vendors).
The law also requires that any vendor who contracts, or seeks to contract, with the City for the sale or purchase
of property, goods or services (including a bidder on a City contract) file a "Conflict of Interest Questionnaire"
regarding the vendor's business relationships, if any, with Council Members or the City Manager.
Compliance is the responsibility of each individual, business or agent who is subject to the law's filing
requirement. Questions about compliance should be directed to your legal counsel.
` Office of the City Secretary
1625 13th Street, Room 206
e.
Lubbock, TX 79401
e
Questionnaire is available at http://www.ci.lubbock.tx.us/departmental-
websites/departments/purchasing/vendor-information
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Texas Government Code 2252.908
Disclosure of Interested Parties
Form 1295
House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section
2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to
file with the governmental entity or state agency a disclosure of interested parties at the time the business entity
submits the signed contract to the governmental entity or state agency.
§2252.908, Texas Government Code requires the commission to adopt rules necessary to implement the new
disclosure requirement and to prescribe the disclosure form. Section 2252.908 requires the disclosure form to be
signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made
under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or
vote by the governing body of the governmental entity or state agency before the contract may be signed or has
a value of at least $1 million. Section 2252.908 provides definitions of certain terms occurring in the section.
House Bill 1295 provides that §2252.908 applies only to a contract entered into on or after January 1, 2016.
An interested parry is defined as a person who has a controlling interest in a business entity with whom a
governmental entity or state agency contracts or who actively participates in facilitating the contract or
negotiating the terms of the contract, including a broker, intermediary, adviser, or attorney for the business
entity.
Contractors are required to acquire Form 1295 via the Texas Ethics Commission website. This requires
registration, generation of Form 1295 with a unique Certificate Number & filing date, printing the form,
signing, and returning the form to City of Lubbock Purchasing & Contract Management Department.
Once the form is received by the Purchasing and Contract Management Department, the Buyer associated with
the project will log -in to the Texas Ethics Commission portal and acknowledge receipt of the form not later than
the 30th day after the date the contract for which the form was filed binds all parties to the contract. This will
complete the form for the contract with which the form is associated. The completed form will be made
available via the Texas Ethics Commission website.
Form 1295 can be generated via the Texas Ethics Commission web portal. The website and detailed
instructions are located at: https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm
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GENERAL CONDITIONS OF THE AGREEMENT
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GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City
of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co-
partnership or corporation, to wit Wallace Sprinkler, Inc. who has agreed to perform the work embraced in this
contract, or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to, City of Lubbock, or its representative Lionel Plummer, Park Development Manager, so designated
who shall inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors
as may be authorized by said Owner to act in any particular manner under this agreement. Engineers, supervisors
or inspectors shall act for the Owner under the direction of Owner's Representative, but shall not directly
supervise the Contractor or persons acting on behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the
Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to
Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes
referred to herein as the "contract" or "contract documents".
i 5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed,"
or words of like import are used, it shall be understood that the direction, requirement, permission, order,
designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved,"
"Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the
Owner's Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors shall look exclusively to Contractor for any payments due
( Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s).
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of
the firm or to an Office of the corporation for whom it is intended, or if delivered at or sent certified mail to the
last business address known to the party who gives the notice.
8. CONTRACTOR'S RESPONSIBILITIES
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other
facilities necessary for the execution and completion of the work covered by the contract documents. Unless 1
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.
The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials
or work described in words which so applied have well known, technical or trade meaning shall be held to refer
such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED i
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents
has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still
may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative shall
check the Contractor's layout of all major structures and any other layout work done by the Contractor at
Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all
work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and
Contractor shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed
work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's
Representative shall not be required to make exhaustive or continuous onsite inspections to check the quality or
quantity of the work, nor shall Owner's Representative be responsible for the construction means, methods,
techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's
Representative's rights of entry hereunder, the Owner's Representative shall not be responsible for the
Contractor's failure to perform the work in accordance with the Contract Documents.
13. LINES AND GRADES
All lines and grades shall be furnished whenever Owner's Representative deems said lines and grades are
necessary for the commencement of the work contemplated by these contract documents or the completion of the
work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order
to permit Owner's Representative to comply with this requirement, but such suspension shall be as brief as
practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's
Representative ample notice of the time and place where lines and grades are needed. All stakes, marks, etc.,
shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its
Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at
Contractor's expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative has the authority to review all work included herein. The Owner's Representative has the
authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the
contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds
of work which are to be paid for under the contract documents, and shall determine all questions in relation to said
work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the
execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be
conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15)
calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection
by Contractor, as provided herein, any and all objection or objections shall be deemed waived.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from
time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem
proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is
furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all
reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper
inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of
any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are
consistent with the obligations of this Agreement and accompanying plans and specifications provided, however,
should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor
may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the
absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be
deemed waived.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to
Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given
to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision
by competent and reasonable representatives of the Contractor is essential to the proper performance of the work
and lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the
Contractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work.
=z 17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and
location of the work, the confirmation of the ground, the character, quality and quantity of materials to be
encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the
work, and the general and local conditions, and all other matters which in any way affect the work under the
contract documents. No oral agreement or conversation with any Office, agent, or employee of the Owner, or
Owner's Representative either before or after the execution of this contract, shall affect or modify any of the
terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all
modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's
Representative and Contractor.
1. _:
s
Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work
to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the
work, shall be sustained and borne by the Contractor at its own cost and expense.
18. CHARACTER OF WORKERS
The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion,
incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or
men shall be discharged from the work and shall not again be employed on the work without the Owner's
Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution i J
and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and
it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or
protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and [_
accepted.
The building of structures for the housing of men or equipment are permitted only at such places as the Owner's
Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at
all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessarysanitary conveniences for the use of laborers on the work site properly secluded from public
�' P P Y
observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be i-
approved by the Owner's Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at any
location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation
that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each
part of the work shall be ready for such observation. Owner or Owner's Representative may reject any such work
found to be defective or not in accordance with the contract documents, regardless of the stage of its completion
or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously
accepted the work through oversight or otherwise. If any such work should be covered without approval or
consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at
Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location
where it is not convenient for Owner or Owner's Representative to make observations of such work or require
testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish
Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to
perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests
shall be in accordance with the methods prescribed by the American Society for Testing and Materials or such
other applicable organization as may be required by law or the contract documents.
If any such work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be
uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and
approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the
requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such '
tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and
shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under the contract documents to make such
inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in
the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in
conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written
notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy
such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial
action contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in
the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either
before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a
claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of
work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make
such changes or alterations as shall make useless any work already done or material already furnished or used in
said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual
expenses incurred in preparation for the work as originally planned.
24. EXTRA WORK
The tern "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change,
alteration or addition to the work as shown on the plans and specifications or contract documents and not covered
by Contractor's bid, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative
when presented with a written work order signed by the Owner's Representative; subject, however, to the right of
the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the
compensation to be paid to the Contractor for performing said extra work shall be determined by the following
methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is
commenced, then the Contractor shall be paid the lesser of the following: (1) actual field
_. cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been
charged by a reasonable and prudent Contractor as a reasonable and necessary cost for
performance of the extra work.
4
In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph
shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for
the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred,
together with all expenses incurred directly on account of such extra work, including Social Security, Old Age
Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other
insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by
them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be
kept and records of these accounts shall be made available to the Owner's Representative. The Owner's
Representative may also specify in writing, before the work commences, the method of doing the work and the
type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the
Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined '
by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted
by the Associated General Contractors of America. Where practical, the terms and prices for the use of
machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the t
actual field cost to be aid to Contractor shall cover and compensate Contractor for its profit, overhead general
p P p ,
superintendence and field office expense, and all other elements of cost and expense not embraced within the
actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained
primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the
"actual field cost."
No claim for extra work of any kind shall be allowed unless ordered in writing by Owner's Representative. In
case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive
compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra
work, make written request to the Owner's Representative for a written order authorizing such extra work. Should
a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and
the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making
written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as
provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement
of any extra work, any claim for payment due to alleged extra work shall be deemed waived.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents that all work described in the bid, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that
such price shall include all appurtenances necessary to complete the work in accordance with the intent of these
contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in
these plans, specifications, or contract documents, shall be given to the Owners' Representative and a
clarification obtained before the bids are received, and if no such notice is received by the Owner's
Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands
the work to be included and has provided sufficient sums in its bid to complete the work in accordance with
these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any
discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are
sufficient and adequate for completion of the project. It is further agreed that any request for clarification
must be submitted no later than five (5) calendar days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of
work with the rate of progress required under this contract, the Owner or Owner's Representative may order the
Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall
comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the
progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to
such an extent as to give reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and
equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
Construction" of Associated General Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and
hold harmless the Owner and all of its Offices, agents and employees against any all losses, costs, damages,
expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or
contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection
with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in
any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the
subject matter of this contract.
The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an
` Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given
by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses,
are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to
supervise safety precautions by either the Contractor or any of its subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change shall be provided ten (10) calendar days in advance of cancellation or change.
All policies of insurance, required herein, including policies of insurance required to be provided by Contractor
and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-
insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by
virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to
the City in conformity with the provisions hereof shall establish such waiver.
The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and
shall cover all operations in connection with this contract, whether performed by the Contractor or a
subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of
insurance specifying each and all coverage's shall be submitted prior to contract execution.
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF
A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME
THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A
PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE
OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK
IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL
PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION
COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED.
A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation
required)
The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000
Combined Single Limit in the aggregate and per occurrence to include:
Products & Completed Operations Hazard
Contractual Liability
Personal Injury & Advertising Injury
B. Owner's and Contractor's Protective Liability Insurance. - NOT REQUIRED.
C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required)
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $1,000,000 Combined Single Limit, per occurrence, to include all
owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Srn
Vehicles. j
D. Builder's Risk Insurance/Installation Floater Insurance - NOT REQUIRED.
E. Umbrella Liability Insurance - NOT REQUIRED.
F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required)
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $1,000,000
Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of
authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- a
82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
Contractor's/person's work on the project has been completed and accepted by the governmental
entity.�
Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor
Code) - includes all persons or entities performing all or part of the services the Contractor has
undertaken to perform on the project, regardless of whether that person contracted directly with
the Contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -
operators, employees of any such entity, or employees of any entity which furnishes persons to
provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a
project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
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 j
on the project, for the duration of the project. Ljj
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3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
The Contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity shall 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.
The Contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
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.
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 the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter; f
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(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 (a) • (g), with the certificates of coverage to be provided to the person for,
whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the
Contractor is representing to the governmental entitythat all employees of the who
shall provide services on the project shall be covered by worker's compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance
carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject the Contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions. i
11. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the governmental entity to declare the contract void if the Contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner
for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence
of compliance with the above insurance requirements, signed by an authorized representative of the
insurance company setting forth: i
(1) The name and address of the insured.
(2)
The location of the operations to which the insurance applies.
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(3)
The name of the policy and type or types of insurance in force thereunder on the date borne by
such certificate.
(4)
The expiration date of the policy and the limit or limits of liability thereunder on the date bome
by such certificate.
(5)
A provision that the policy may be canceled only by mailing written notice to the named insured
at the address shown in the bid specifications.
(6)
A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
(7)
The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8)
If policy limits are paid, new policy must be secured for new coverage to complete project.
(9)
A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filling
of any coverage agreements;._
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
Contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental
entity:
~' (i) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(ii) no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
P# (f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially
r, affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Texas Worker's Compensation Act or other
commission rules. This notice must be printed with a title in at least 30 point bold type
and text in at least 19 point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be
the following text provided by the commission on the sample notice, without any
additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to
this construction project must be covered by workers' compensation insurance. This
includes persons providing, hauling, or delivering equipment or materials, or providing
labor or transportation or other service related to the project, regardless of the identity
of their employer or status as an employee. "
"Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804-
_j 4000 (www.tdi.state.tx.us) to receive information of the legal requirements for
coverage, to verify whether your employer has provided the required coverage, or to
report an employer's failure to provide coverage; " and
(h) contractually require each person with whom it contracts to provide services on a project,
to:
(i) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees providing
services on the project, for the duration of the project;
n provide a certificate of coverage to the Contractor prior to that person beginning
(��) p g p p
work on the project;
(iii) include in all contracts to provide services on the project the following language:
"By signing this contract or providing or causing to be
provided a certificate of coverage, the person signing this
contract is representing to the governmental entity that all
employees of the person signing this contract who will
provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that
the coverage will be based on proper reprinting of
classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self -insured, with the
commission's Division of Self -Insurance Regulation.
Providing false or misleading information may subject the
Contractor to administrative penalties, criminal penalties,
civil penalties, or other civil actions."; -
(iv) provide the Contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the
Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage
showing extension of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project;
(vi) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(vii) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (i)-(viii), with the certificate of coverage to be provided
to the person for whom they are providing services. ._
29. DISABLED EMPLOYEES
Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of '
1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such
individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND
FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees that it will indemnify and save the Owner and all of its Offices, agents and employees, harmless
against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way,
manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of
machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract I
and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish
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satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or
waived.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material
or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof.
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and
save the Owner, and all of its Offices, agents and employees harmless from any loss on account thereof, except
that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular
design, device, material or process or the product of a particular manufacturer or manufacturers is specified or
required in these contract documents by Owner; provided, however, if choice of alternate design, device, material
or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its Offices,
agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the
contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the
Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's
Representative prior to bidding.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or
form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless
the Owner, and all of its Offices, agents, and employees against any claims arising from the violation of any such
laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor
observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in
writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the
work. In the absence of timely written notification to Owner's Representative of such variance or variances
within said time, any objection and/or assertion that the plans and specifications are at variance with any federal,
state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or
subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice
to the Owner's Representative, Contractor shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar
as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may
enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as
though embodied herein.
1-= 33. SUBCONTRACTING
The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of
this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials
required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner,
as provided by the contract documents.
34. TIME FOR SUBSTANTIAL COMPLETION AND LIOUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract documents, of work to be done hereunder are
essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in
this contract shall be commenced as provided in the contract documents.
If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified,
then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner
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may withhold permanently from Contractor's total compensation, the sum of $150 PER DAY, not as a penalty,
but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the j
Contractor shall be in default after the time stipulated for substantially completing the work. i
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial
completion of the work described herein is reasonable time for the completion of the same, taking into
consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages
the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount
agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is
expressly agreed to be not disproportionate to actual damages as measured at time of breach.
IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT
TIME IS OF THE ESSENCE OF THIS CONTRACT.
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor
shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner
as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution
shall be such that the work shall be substantially completed as a whole and in part, in accordance with this
contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that
when the Owner is having other work done, either by contract or by its own force, the Owner's Representative
may direct the time and manner of constructing work done under this contract so that conflicts will be avoided
and the construction of the various works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which
the Contractor will start the several parts of the work and estimated dates of completion of the several parts. i-
36. TIME OF PERFORMANCE
The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of
this project, taking into consideration the average climatic range and industrial conditions prevailing in this
locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly
agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its
work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or
other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God
or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same
setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty
(20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to
affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall
be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for
extension, as provided herein, any request for extension by Contractor shall be deemed waived.
37. HINDRANCE AND DELAYS
In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein_
fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such
work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in
securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except
where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in ;
which event, such expense as in the sole judgment of the Owners Representative that is caused by such stoppage
shall be paid by Owner to Contractor.
38. QUANTITIES AND MEASUREMENTS
+ No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the
event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the
specifications, plans and other contract documents are intended to show clearly all work to be done and material
to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to
be estimates, for the various classes of work to be done and material to be furnished under this contract, they are
approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing
their bids offered for the work. In the event the amount of work to be done and materials to be furnished are
expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and
agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ
somewhat from these estimates, and that where the basis for payment under this contract is the unit price method,
payment shall be for the actual amount of work done and materials furnished on the project.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under
this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be
liable for any and all claims for such damage on account of his failure to fully protect all adjacent property.
Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees to indemnify, save and hold harmless the Owner, and any of its Offices, agents and employees,
against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising
from or growing out of the performance of this contract.
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40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work
by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the
specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the
bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to
receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all
expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner
and according to this agreement, the attached specifications, plans, contract documents and requirements of
Owner's Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective
work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's
Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection
with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there
are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by
Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's
agents and employees, which have not theretofore been timely filed as provided in this contract.
42. PARTIAL, PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application
for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall
determine the amount to be partially paid. Owner's Representative shall review said application for partial
payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall
prepare a certificate for partial payment showing as completely as practical the total value of the work done by the
Contractor up to and including the last day of the preceding month. The determination of the partial payment by
the Owner's Representative shall be in accordance with Paragraph 14 hereof.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of
the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be
retained until final payment, and further, less all previous payments and all further sums that may be retained by
Owner under the terms of the contract documents.
Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other, rights to
enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work
performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said -
partial payment is attributable. a
43. SUBSTANTIAL COMPLETION
Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31)
working days after the Contractor has given the Owner's Representative written notice that the work has been
substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time,
if the work be found to be substantially completed in accordance with the contract documents, the Owner's
Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding
the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete
the work within the time provided in this contract.
44. FINAL COMPLETION AND PAYMENT
The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of
final completion, the Owner's Representative shall proceed to make final measurement to determine whether final
completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's
Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion,
Owner shall pay to the Contractor on or before the 31st working day after the date of certification of final
completion, the balance due Contractor under the terms of this agreement. Neither the certification of final
completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the
obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty
or warranties implied by law or otherwise.
45. CORRECTION OF WORK
Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and
Contractor shall at its own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of
other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any
such condemned work within a reasonable time after a written notice by the Owner or the Owner's
Representative, Owner may remove and replace it at Contractor's expense.
Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the
contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and
Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which
shall appear within a period of two (2) year from the date of certification of final completion by Owner's
Representative.
46. PAYMENT WITHHELD
The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify
the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of
(a) Defective work not remedied and/or work not performed.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the
amount withheld, payment shall be made for amounts withheld because of them.
47. CLAIM OR DISPUTE
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor
shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's
Representative has given any direction, order or instruction to which the Contractor desires to take exception.
a Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner
i_ shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right
under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by
Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's
Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed
denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed
that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor,
and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and
Owner's Representative, by Contractor.
48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after
written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with
the written orders of the Owner's Representative, when such orders are consistent with this contract, then the
Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall
be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the
Contractor, no further notice of such non-compliance to Contractor shall be required.
After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work
any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials
and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or
credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for
under paragraph 24 of this contract); it being understood that the use of such equipment and materials will
ultimately reduce the cost to complete the work and be reflected in the final settlement.
In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the
notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed
with diligence to complete the project as contemplated and in compliance with all terms and provisions of the
contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract,
equity or otherwise, including, but not limited to, providing for completion of the work in either of the following
elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and
supplies as said Owner may deem necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall
be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time
become due to the Contractor under and by virtue of this Agreement. In case such expense is less than
the sum which would have been payable under this contract, if the same had been completed by the
Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum
which would have been payable under this contract, if the same had been completed by said Contractor,
then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper
having a general circulation in the County of location of the work, may let the contract for the completion
of the work under substantially the same terms and conditions which are provided in this contract. In case
of any increase in cost to the Owner under the new contract as compared to what would have been the
cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and
remain bound therefore. Should the cost to complete any such new contract prove to be less than that
which would have been the cost to complete the work under this contract, the Contractor or his Surety
shall be credited therewith.
In the event the Owner's Representative elects to complete the work, as described above, when the work shall
have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as
provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract
accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to
Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be,
shall pay the balance due as reflected by said statement within 30 days after the date of certification of
completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would have
been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or
when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner,
then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the
Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and
the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work,
notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor
and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual
written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such
property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the
Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said
notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived
from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public
or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery,
equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor
or his Surety, if applicable, to their proper owners.
The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent
permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in
this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its
exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies
available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided
in paragraph 34, hereinabove set forth.
49. LIMITATION ON CONTRACTOR'S REMEDY
I�
The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually (_
performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be
liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the
project which is the subject matter of this contract.
a
50. BONDS
The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in
the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the
Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the
amount of 100% of the total contract price in the event that said contract price exceeds $50,000. All bonds shall
be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do
business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so
5 furnished.
51. SPECIAL CONDITIONS
In the event special conditions are contained herein as art of the contract documents and said special conditions
p P p
conflict with any of the general conditions contained in this contract, then in such event the special conditions
shall control.
52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual
obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the
prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense.
53. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority
i to direct, supervise, and control its own employees and to determine the method of the performance of the work
covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's
(' work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and
vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or
effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's
Representative or to the Contractor's own employees or to any other person, firm, or corporation.
54. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at
[ the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus
materials and shall leave the work room clean or its equivalent. The work shall be left in good order and
condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor.
55. HAZARDOUS SUBSTANCES AND ASBESTOS
Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same
may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in
any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the
Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the
City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a
Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the
construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or
other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts
and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least
twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and
provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If
the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5)
days of the receipt of said request, said request shall be deemed to be denied.
In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for
ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper
performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage,
disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or
asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal
protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other
petroleum products or byproducts and/or asbestos.
56. NONAPPROPRIATION
All funds for payment by the City under this contract are subject to the availability of an annual appropriation for
this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock
for the goods or services provided under the contract, the City will terminate the contract, without termination
charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the
then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at
any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the
Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City
shall not be obligated under this contract beyond the date of termination.
57. THE CITY RIGHT TO AUDIT
At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly
authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves
the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event
such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full
amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the
right to deduct such amounts owing the City from any payments due Contractor.
58. NON -ARBITRATION
The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise,
including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction.
Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek
judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised
concurrently. To the extent of any conflict between this provision and another provision in, or related to, this
document, this provision shall control.
59. HOUSE BILL 2015
House Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty
to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly
classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly
classify individuals performing work under a governmental contract will be penalized $200 for each individual
that has been misclassified (Texas Government Code Section 2155.001).
60. HOUSE BILL 1295: DISCLOSURE OF INTERESTED PARTIES
House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908
requires a business entity entering into certain contracts with a governmental entity or state agency to file with the
governmental entity or state agency a disclosure of interested parties at the time the business entity submits the
signed contract to the governmental entity or state agency. Section 2252.908 requires the disclosure form to be
signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under
oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by
the governing body of the governmental entity or state agency before the contract may be signed or has a value of
at least $1 million. Instructions for completing Form 1295 are available at:
http://www.c i.lubbock. tx.us/departmental-websites/departments/purchasinWvendor-information
Pate Intentionallv Left Blank
DAVIS BACON WAGE DETERMINATIONS
EXHIBIT A
General Decision Number: TX180007 01/05/2018 TX7
Superseded General Decision Number: TX20170007
POWER EQUIPMENT OPERATOR:
State: Texas
Asphalt Distributer ......... $ 14.87
Construction Types: Heavy and Highway
Asphalt Paving Machine ...... $ 13.40
Counties: Armstrong, Carson, Crosby, Ector, Irion,
Broom and Sweeper ........... $ 11.21
Lubbock, Midland, Potter, Randall, Taylor and Tom
Crane, Lattice Boom 80
Green Counties in Texas.
Tons or Less ................$ 16.82
Crawler Tractor Operator .... $ 13.96
HEAVY & HIGHWAY CONSTRUCTION PROJECTS
Excavator, 50,000 lbs or
less ........................ $ 13.46
Note: Under Executive Order (EO) 13658, an hourly
Front End Loader Operator,
minimum wage of $10.35 for calendar year 2018 applies
Over 3 CY................... $ 12.77
^
to all contracts subject to the Davis -Bacon Act for which
Front End Loader, 3CY or
the contract is awarded (and any solicitation was issued)
less ........................$ 12.28
r
on or after January 1, 2015. If this contract is covered
Loader/Backhoe..............$ 14.18
by the EO, the contractor must pay all workers in any
Mechanic .................... $ 20.14
classification listed on this wage determination at least
Milling Machine ............. $ 15.54
-
$10.35 per hour (or the applicable wage rate listed on
Motor Grader, Rough ........ $ 16.15
this wage detennination, if it is higher) for all hours
Motor Grader, Fine .......... $ 17.49
spent performing on the contract in calendar year 2018.
Pavement Marking Machine....$ 16.42
The EO minimum wage rate will be adjusted annually.
Reclaimer/Pulverizer........ $ 12.85
Please note that this EO applies to the above -mentioned
types of contracts entered into by the federal government
Roller, Asphalt .............$ 10.95
Roller, Other ...............$ 10.36
that are subject to the Davis -Bacon Act itself, but it does
Scraper .....................$ 10.61
not apply to contracts subject only to the Davis -Bacon
Spreader Box ................ $ 12.60
Related Acts, including those set forth at 29 CFR
Servicer ........................$ 13.98
5. 1 (a)(2)-(60). Additional information on contractor
Steel Worker (Reinforcing) ....... $ 13.50
requirements and worker protections under the EO is
TRUCK DRIVER
1
available at www.dol.gov/whd/govcontracts.
Lowboy -Float ................$ 14.46
Single Axle ................. $ 12.74
Modification Number Publication Date
Single or Tandem Axle Dump..$ 11.33
0 01/05/2018
Tandem Axle Tractor with
* SUTX2011-002 08/02/2011
Semi ........................$ 12.49
Rates Fringes
CEMENT MASON/CONCRETE
FINISHER (Paving & Structures) ... $13.55
ELECTRICIAN ...................... $ 20.96
FORM BUILDER/FORM SETTER
Paving & Curb ...............$ 12.36
Structures ..................$ 13.52
LABORER
Asphalt Raker ...............$ 12.28
Flagger.....................$ 9.30
Laborer, Common .............$ 10.30
Laborer, Utility ............ $ 11.80
Work Zone Barricade
Servicer....................$ 10.30
WELDERS - Receive rate prescribed for craft
performing operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid
Sick Leave for Federal Contractors applies to all
contracts subject to the Davis -Bacon Act for which the
contract is awarded (and any solicitation was issued) on
or after January 1, 2017. If this contract is covered by
the EO, the contractor must provide employees with 1
hour of paid sick leave for every 30 hours they work, up
to 56 hours of paid sick leave each year. Employees
must be permitted to use paid sick leave for their
N
own illness, injury or other health -related needs,
including preventive care; to assist a family member (or
person who is like family to the employee) who is ill,
injured, or has other health -related needs, including
preventive care; or for reasons resulting from, or to assist
a family member (or person who is like family to the
employee) who is a victim of, domestic violence, sexual
assault, or stalking. Additional information on
contractor requirements and worker protections under
the EO is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included
within the scope of the classifications listed may be
added after award only as provided in the labor standards
contract clauses
(29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the
classification and wage rates that have been found to be
prevailing for the cited type(s) of construction in the area
covered by the wage determination. The classifications
are listed in alphabetical order of "identifiers" that
indicate whether the particular rate is a union rate
(current union negotiated rate for local), a survey rate
(weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier
enclosed in dotted lines beginning with characters other
than "SU" or "UAVG" denotes that the union
classification and rate were prevailing for that
classification in the survey. Example: PLUM0198-005
07/01/2014, PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers.
0198 indicates the local union number or district council
number where applicable, i.e., Plumbers Local 0198.
The next number, 005 in the example, is an internal
number used in processing the wage determination.
07/01/2014 is the effective date of the most current
negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all
rate changes in the collective bargaining agreement
(CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate
that no one rate prevailed for this classification in the
survey and the published rate is derived by computing a
weighted average rate based on all the rates reported in
the survey for that classification. As this weighted
average rate includes all rates reported in the survey, it
may include both union and non -union rates. Example:
SULA2012-007 5/13/2014. SU indicates the rates are
survey rates based on a weighted average calculation of
rates and are not majority rates. LA indicates the State of
Louisiana. 2012 is the year of survey on which these
classifications and rates are based. The next number, 007
in the example, is an internal number used in producing
the wage determination. 5/13/2014 indicates the survey
completion date for the classifications and rates under
that identifier.
Survey wage rates are not updated and remain in effect
until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier
indicate that no single majority rate prevailed for those
classifications; however, 100% of the data reported for
the classifications was union data. EXAMPLE: UAVG-
OH-0010 08/29/2014. UAVG indicates that the rate is a
weighted union average rate. OH indicates the state. The
next number, 0010 in the example, is an intemal number
used in producing the wage determination. 08/29/2014
indicates the survey completion date for the
classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in
January of each year, to reflect a weighted average of the
current negotiated/CBA rate of the union locals from
which the rate is based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This
can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including
requests for summaries of surveys, should be with the
Wage and Hour Regional Office for the area in which
the survey was conducted because those Regional
Offices have responsibility for the Davis -Bacon survey
program. If the response from this initial
contact is not satisfactory, then the process described in
2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the
formal process described here, initial contact should be
with the Branch of Construction Wage Determinations.
Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour
Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement
of the interested parry's position and by any information
(wage payment data, project description, area practice
material, etc.) that the requestor considers relevant to the -'
issue.
3.) If the decision of the Administrator is not favorable,
an interested party may appeal directly to the
Administrative Review Board (formerly the Wage
Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board
are final.
END OF GENERAL DECISION
.s
at EXHIBIT B
Prevailing Wage Rates
Overtime Rate
!'! The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act.
EXHIBIT C
Prevailing Wage Rates
Legal Holiday Rate
The rate for legal holidays shall be as required by the Fair Labor Standards Act.
5,
�.r
1.�
Page Intentionally Left Blank
SPECIFICATIONS
Page Intentionally Left Blank
_ ..... -
i
CIP 92169: INFRASTRUCTURE IMPROVEMENTS
5 University Ave & Indiana Ave Medians
s
CITY OF LUBBOCK PARKS & RECREATION
PARK DEVELOPMENT
kwoCity of
Lubbock
TEXAS
t
TECHNICAL SPECIFICA TIONS
SECTION 01000: TABLE OF CONTENTS ri
SECTION 01000: TABLE OF CONTENTS................................................................................................2
SECTION 01100: SEALS —DESIGN RESPONSIBILITY.........................................................................3
SECTION 01200: SUMMARY OF WORK.................................................................................................4
SECTION 01300: MEASUREMENT AND PAYMENT............................................................................ 6
SECTION 01400: SUBMITTALS................................................................................................................
8
SECTION 01500: QUALITY CONTROL...............................................................................................100
SECTION 01600: TESTING LABORATORY SERVICES....................................................................122
SECTION 01700 TEMPORARY FACILITIES AND CONTROLS.......................................................166
SECTION 01800: ENVIRONMENTAL PROTECTION..........................................................................18
SECTION 01900: MATERIAL AND EQUIPMENT..............................................................................222
SECTION 02000: SUBSTITUTIONS AND PRODUCT OPTIONS.........................................................25
SECTION 02100: CONTRACT CLOSEOUT...........................................................................................
29
SECTION 02200: DEMOLITION AND NOTIFICATIONS.....................................................................
33
SECTION 02300: EARTHWORK.............................................................................................................38
SECTION02400: CONCRETE..................................................................................................................40
SECTION 02500: ELECTRICAL & LIGHTING......................................................................................
46
SECTION 02600: IRRIGATION SYSTEM...............................................................................................
50
SECTION 02700: PLANTING SOIL.........................................................................................................71
SECTION 02800: TREE & SHRUB PLANTING.....................................................................................
89
SECTION 02900: TURFGRASS LAWNS..............................................................................................107
SECTION 03000: SITE FURNISHINGS.................................................................................................117
SECTION 03100: SPECIAL CONDITIONS...........................................................................................119
Table of Contents 12
f
SECTION 01100: SEALS —DESIGN RESPONSIBILITY
The specification sections authenticated by my seal and signature are limited to the following:
01200: Summary
01400: Submittals
01500: Quality Control
01700: Temporary Facilities and Controls
01900: Materials and Equipment
02000: Substitutions and Product Options
02100: Contract Closeout
02200: Demolition and Notifications
02300: Earthwork
02400: Concrete
02600: Irrigation System
02700: Planting Soil
02800: Tree and Shrub Planting
02900: Turfgrass Lawns
03000: Site Furnishings
03100: Special Conditions
Landscape Architecture in Texas is regulated by:
Texas Board of Architectural Examiners
PO Box 12337, Austin, TX 78711
Irrigation in Texas is regulated by:
Texas Commission on Environmental Quality
PO Box 13087, Austin, TX 78711-3087
J.
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je
( iA 3069 �Ty
qTF OF
END OF SECTION
D I
Seals 13
SECTION 01200: SUMMARY OF WORK
1.1 RELATED DOCUMENTS
A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions
and Division 1 - General Requirements apply to the work of this Section.
1.2 SECTION INCLUDES
A. Work Covered by Contract Documents
B. Contractor Use of Premises
C. Owner Occupancy
1.3 WORK COVERED BY CONTRACT DOCUMENTS
A. Identification:
1. [Park Name]
i. Location: [Park Address]
ii. Owner: City of Lubbock
B. Verbal Summary: Drawings and general provisions of the Contract, including General
Conditions, apply to this Section. Without force or effect on requirements of the Contract
Documents, a brief description of the Project is asfollows:
1. [Insert scope of work forbid] The Base Proposal includes all labor, materials,
services, and equipment required in conjunction with, or properly incidental to work
described in the plans and specifications. Work includes concrete sidewalk, curb and
gutter, site grading, irrigation, electrical conduit and fine grading.
C. The work will be constructed under a single prime contract.
1.4 CONTRACTOR USE OF PREMISES
A. General: During the construction period the Contractor shall have full use of the premises
for construction operations, including use of the site. The Contractor's use of the premises is
limited only by the Owner's right to perform work or to retain other contractors on portions
of the Project.
Summary of Work (4
B. Use of the Site: Limit use of the premises to work in areas indicated. Confine operations to
areas within contract limits indicated. Do not disturb portions of the site beyond the areas in
which the Work is indicated.
L5 OWNER OCCUPANCY
A. Allow for owner occupancy.
B. Driveways and Entrances: Keep entrances serving the premises clear and available to the
Owner, the Owner's employees, and emergency vehicles at alltimes.
-a END OF SECTION
�.s
Summary of Work 5
SECTION 01300: MEASUREMENT AND PAYMENT
1.1 SECTION INCLUDES
A.
Bid Price
B.
Lump Sum Items
C.
Mobilization/Demolition
D.
Electrical
E.
Clean-up
1.2 BID PRICE
A. The lump sum price bid on each item, as stated in the proposal, shall include furnishing all
labor, superintendence, machinery, equipment and materials necessary or incidental to
complete the various items of work in accordance with the plans and specifications. Cost of
work or materials shown on the plans or called for in the specifications and for which no
separate payment is made shall be included in the bid price with the most applicable item(s).
1.3 LUMP SUM ITEMS
A. Lump sum items to be paid for at a lump sum price per job shall include all work and
materials involved in the installation within the limits designated on the plans. No
measurement of the work or material included in such items will be made. All work so
included shall be installed, constructed or performed as shown on the drawings and
specified herein.
1.4 MOBILIZATION/DEMOLITION
A. Mobilization and demobilization shall include costs associated with move-in/move- out
related equipment and labor, bid bond, performance bond and insurance required for this
project. Total mobilization/demobilization costs allowed in the pay request sheet shall be
limited to 7.5% of the total bid price and shall be paid based on actual expenses.
1.5 ELECTRICAL
A. This work shall be performed by the Owner.
Measurement & Payment 16
1.6 CLEAN-UP
A. No measurement or separate payment will be made for site cleanup. Cost for cleanup shall
be included as a part of the cost of the various items of workinvolved.
END OF SECTION
Measurement & Payment 17
.l.
SECTION 01400: SUBMITTALS
SECTION INCLUDES
A.
Procedures
B.
Schedule of Values
C.
Shop Drawings
D.
Product Data
E.
Manufacturer's Certificates
F.
Samples
1.2 PROCEDURES
A. A. Deliver submittals to Landscape Architect at the following address:
1. City of Lubbock, Park Development, 1611 10th Street, Lubbock, TX 79401.
B. Transmit each item under Landscape Architect accepted form. Identify Project, Contractor,
Subcontractor and major supplier. Identify pertinent drawing sheet and detail number (if
applicable). Identify deviations from Contract Documents. Provide space for Contractor and
Landscape Architect review stamps.
C. After Landscape Architect review of submittal, revise and resubmit as required, identifying
changes made since previous submittal.
D. Distribute copies of reviewed submittals to concerned persons. Instruct recipients to
promptly report any inability to comply with provisions.
1.3 SCHEDULE OF VALUES
A. Submit typed schedule on AIA Form G703. Contractor's standard form or media driven
printout will be considered on request.
B. Format: Table of contents of this Project Manual. Identify each line item with number and
title of major Specification sections.
Submittals 18
l .4 SHOP DRAWINGS
A. Prepared by a qualified detailer.
B. Submitted as required by the individual Sections and to clarify information shown or called
for in the Contract Documents.
1.5 PRODUCT DATA
A. Mark each copy to identify applicable Products, models, options, and other data.
Supplement manufacturer's standard data to provide information unique to the work.
Include manufacturer's instructions when required by the Specification section.
B. Submit the number of copies that the Contractor requires plus two copies that will be
retained by the Architect.
1.6 MANUFACTURER'S CERTIFICATES
A. Submit certificates, in duplicate, in accordance with requirements ofeach Specification
section.
B. Manufacturer's standard schematic drawings and diagrams:
1. Modify drawings to delete information that is not applicable to the work.
2. Supplement standard information to provide additional information specifically
applicable to the work.
C. Manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts,
illustrations, and other standard descriptive data:
1. Clearly mark each copy to identify pertinent materials, products, ormodels.
2. Show dimensions and clearances required.
3. Show performance characteristics and capabilities.
4. Show writing or piping diagrams and controls.
1.7 SAMPLES
A. Submit samples as required by the individual Specification Sections.
END OF SECTION
Submittals (9
SECTION 01500: QUALITY CONTROL
1.1 RELATED DOCUMENTS
A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions
and Division 1 - General Requirements apply to the work of this Section.
1.2 SECTION INCLUDES
A. Quality Assurance and Control of Installation
B. Inspection and Testing Laboratory Services
C. Tolerances
D. Field Samples
1.3 RELATED SECTIONS
A. General Conditions of the Agreement
B. Section 01300 Submittals: Submission of Manufacturers' Instructions and Certificates
1.4 QUALITY ASSURANCE/CONTROL OF INSTALLATION
A. Monitor quality control over suppliers, manufacturers, Products, services, site conditions,
and workmanship, to produce Work of specified quality.
B. Comply fully with manufacturers' instructions, including each step in sequence.
C. Should manufacturers' instructions conflict with Contract Documents, request clarification
from Owners Representative before proceeding.
D. Comply with specified standards as a minimum quality for the Work except when more
stringent tolerances, codes, or specified requirements indicate higher standards or more
precise workmanship.
E. Secure Products in place with positive anchorage devices designed and sized to withstand
stresses, vibration, physical distortion or disfigurement.
F. Perform work by persons qualified to produce workmanship of specified quality.
Quality Control 110
s
1.5 INSPECTION AND TESTING LABORATORY
A. The Contractor will perform inspections, tests, and other services specified in individual
specification Sections and as required by the OwnersRepresentative.
B. Reports will be submitted by the Contractor to the Owners Representative, in triplicate,
indicating observations and results of tests and indicating compliance or non-compliance
with Contract Documents.
C. Retesting required because of non-conformance to specified requirements shall be
performed on instructions by the Owners Representative. Payment for retesting will be
charged to the Contractor.
1.6 TOLERANCES
A. Monitor tolerance control of installed Products to produce acceptable Work. Do not permit
tolerances to accumulate.
B. Comply with manufacturers' tolerances. Should manufacturers' tolerances conflict with
Contract Documents, request clarification from Owners Representative before proceeding.
C. Adjust Products to appropriate dimensions; position before securing Products in place.
1.7 FIELD SAMPLES
A. field samples at the site as required by individual specifications Sections for review.
B. Acceptable samples represent a quality level for the Work.
t C. Where field sample is specified in individual Sections to be removed, clear area after field
y sample has been accepted by Owners Representative.
END OF SECTION
i Quality Control 111
SECTION 01600: TESTING LABORATORY SERVICES
1.1 RELATED DOCUMENTS
A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions
and Division 1 - General Requirements apply to the work of this Section.
1.2 SECTION INCLUDES
A.
Selection and Payment
B.
Contractor Submittals
C.
Laboratory Responsibilities
D.
Laboratory Reports
E.
Limits on Testing Laboratory Authority
F.
Contractor Responsibilities
G.
Schedule of Inspections and Tests
1.3 RELATED SECTIONS
A. Section 01300 Submittals: Manufacturer's certificates
B. Section 01700 Contract Closeout: Project Record Documents
C. Individual Specification Sections: Inspections and tests required, and standards for testing
1.4 REFERENCES
A. ANSI/ASTM D3740 - Practice for Evaluation of Agencies Engaged in Testing and/or
Inspection of Soil and Rock as Used in Engineering Design and Construction.
B. ANSI/ASTM E329 -Recommended Practice for Inspection and Testing Agencies for
Concrete, Steel, and Bituminous Materials as Used in Construction.
1.5 SELECTION AND PAYMENT
Testing Laboratory Services 112
A. Contractor shall employ and pay for services of an independent testing laboratory to
perform specified inspection and testing.
B. Employment of testing laboratory shall in no way relieve Contractor of obligationto perform
work in accordance with requirements of Contract Documents.
1.6 QUALITY ASSURANCE
A. Comply with requirements of ANSUASTM E329 and ANSUASTMD3740R.
B. Laboratory: Authorized to operate in State ofTexas.
C. Laboratory Staff: Maintain a full time registered Engineer on staff to review services.
{ ' D. Testing Equipment: Calibrated at reasonable intervals with devices of an accuracy traceable
to either National Bureau of Standards (NBS) standards or accepted values of natural
physical constants.
1.7 CONTRACTOR SUBMITTALS
A. Prior to start of Work, submit testing laboratory name, address, and telephone number, and
names of full time registered Engineer and responsible officer.
1.8 LABORATORY RESPONSIBILITIES
A. Test samples of mixes submitted by Contractor.
B. Provide qualified personnel at site. Cooperate with Landscape Architcctand Contractor in
performance of services.
C. Perform specified inspection, sampling, and testing of Products in accordance with specified
standards.
D. Ascertain compliance of materials and mixes with requirements of Contract Documents.
E. Promptly notify Landscape Architect and Contractor of observed irregularities or non-
conformance of Work or Products.
F. Perform additional inspections and tests required by Landscape Architect.
L9 LABORATORY REPORTS
A. After each inspection and test, promptly submit three copies of laboratory report to
Landscape Architect and to Contractor. Include:
1. Date issued
2. Project title and number
Testing Laboratory Services 113
3. Name of inspector
4. Date and time of sampling or inspection
5. Identification of product and Specifications Section
6. Location in the Project
7. Type of inspection or test
8. Date of test
9. Results of tests
10. Conformance with Contract Documents
B. When requested by Landscape Architect, provide interpretation of testresults.
1.10 LIMITS ON TESTING LABORATORY AUTHORITY
A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract
Documents.
B. Laboratory may not approve or accept any portion of the Work.
C. Laboratory may not assume any duties of Contractor.
D. Laboratory has no authority to stop the Work.
1.11 CONTRACTOR RESPONSIBILITIES
A. Deliver to laboratory at designated location, adequate samples of materials proposed to be
used which require testing, along with proposed mix designs.
B. Cooperate with laboratory personnel, and provide access to the Work and to manufacturer's
facilities.
C. Provide incidental labor and facilities to provide access to Work to be tested, to obtain and
handle samples at the site or at source of products to be tested, to facilitate tests and
inspections, storage and curing of test samples.
D. Notify Landscape Architect and laboratory 24 hours prior to expected time for operations
requiring inspection and testing services.
E. Pay costs of testing laboratory services from Allowance specified in Section 01019 on
approval of invoices by Landscape Architect.
F. Employ services of a separate qualified testing laboratory, arrange with laboratory and pay
for additional samples and tests required by Contractor beyond specified requirements.
Testing Laboratory Services 114
No Text
with dust suppressants, the soil at the site, haul roads, and other areas disturbed by
operations.
3.5 STORM WATER POLLUTION PREVENTION PLAN
A. Compliance with TCEQ TPDES Construction General Permit and/or City of Lubbock
Storm Water Ordinance. For City review, provide Storm Water Plan Review application and
fee, Storm Water Pollution Prevention Plan, Construction Site Notice, and if applicable
Notice of Intent and upon completion Notice of Termination. Implement, maintain, and
inspect BMPs such as silt fence, sand bags, diversion swales, and other measures and/or
incidentals forcompliance.
END OF SECTION
N
Environmental Protection 121
SECTION 01900: MATERIAL AND EQUIPMENT
1.1 RELATED DOCUMENTS
A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions
and Division 1 - General Requirements apply to the work of this Section.
1.2 SECTION INCLUDES
A. Products
B. Product Delivery, Storage, and Handling
C. Product Options
D. Substitutions
1.3 RELATED SECTIONS
A. General Conditions
B. Information to Bidders: Product Options and Substitution Procedures
C. Section 01400 Quality Control: Product Quality Monitoring
1.4 PRODUCTS
A. Products are new material, machinery, components, equipment, fixtures, and systems
forming the Work. This does not include machinery and equipment used for preparation,
fabrication, conveying and erection of the Work.
B. Provide interchangeable components of the same manufacturer, forsimilar components.
1.5 PRODUCT DELIVERY, STORAGE, AND HANDLING
C. Delivery:
. I
1. Deliver materials, products and equipment to the project site in undamaged condition
in manufacturers original, unopened containers or packaging, with identifying labels
intact and legible.
2. Promptly inspect shipments to assure that products comply with requirements,
Material & Equipment 122
Y, quantities are correct, and products are undamaged.
3. Provide equipment and personnel to handle products by methods to prevent soiling,
disfigurement, or damage.
4. Arrange deliveries in accordance with the construction schedule and in ample time to
facilitate inspection prior to installation to avoid unnecessary delays in the
construction process.
D. Storage:
1. Store and protect products in accordance with manufacturer's instructions, with seals
and labels intact and legible. Store sensitive products in weather -tight, climate
controlled enclosures.
2. For exterior storage of fabricated products, place on sloped supports, above ground.
3. Provide off -site storage and protection when site does not permit on -site storage or
protection.
4. Cover products subject to deterioration with impervious sheet covering. Provide
ventilation to avoid condensation.
5. Store loose granular materials on solid flat surfaces in a well -drained area. Prevent
mixing with foreign matter.
6. Provide equipment and personnel to store products by methods to prevent soiling,
disfigurement, or damage.
E. Handling:
1. Handle materials, products, and equipment in a manner prescribed by manufacturer
or specified to protect from damage during storage and installation.
1.6 PRODUCT OPTIONS
A. Products specified by Reference Standards or by description only are any product meeting
those standards or description.
B. Products specified by naming one or more manufacturers are products of manufacturers
named and meeting specifications (no options or substitutions allowed).
C. Products specified by naming one or more manufacturers with a Provision for Substitutions
require the submittal of a request for substitution for any manufacturer not named.
1.7 SUBSTITUTIONS
A. Substitutions may be considered when a product becomes unavailable through no fault of
the Contractor.
g ' Material & Equipment 123
B. Document each request with complete data substantiating compliance of proposed
Substitution with Contract Documents.
C. A request constitutes a representation that the Contractor:
1. Has investigated proposed product and determined that it meets or exceeds the
quality level of the specified product.
2. Will provide the same warranty for the Substitution as for the specified product.
3. Will coordinate installation and make changes to other Work which may be required
for the Work to be complete with no additional cost to Owner.
4. Waives claims for additional costs or time extension which may subsequently
become apparent.
5. Will reimburse Owner for review or redesign services associated with re -approval by
authorities.
D. Substitutions will not be considered when they are indicated or implied on shop drawing or
product data submittals, without separate written request, or when acceptance will require
revision to the Contract Documents.
E. Substitution Submittal Procedure:
1. Submit four copies of request for Substitution for consideration. Limit each request to
one proposed Substitution.
2. Submit shop drawings, product data, and certified test results attesting to the
proposed product equivalence.
3. The Owners Representative will notify Contractor, in writing, of decision to accept or
reject request.
Noted Above
Not Used
END OF SECTION
Material & Equipment 124
E. Record Documents and Shop Drawings: legibly mark each item to record actual
construction including:
1. Measured depths of foundations in relation to finish first floor datum
2. Measured horizontal and vertical locations of underground utilities and
appurtenances, referenced to permanent surface improvements
3. Measured locations of internal utilities and appurtenances concealed in construction,
referenced to visible and accessible features of the Work
4. Field changes of dimension and detail
5. Details not on original Contract Drawings
6. Changes made by addenda and modification
F. Submit documents to Architect with claim for final Application forPayment.
1.8 OPERATIONS AND MAINTENANCE DATA
A. Submit one copy 15 days prior to final inspection, 8 1/2 x 11-inch text pages, bound in three
D-ring binders with durable plastic covers.
1. This copy will be returned after final inspection, with Landscape Architect
comments. Revise content of documents as required prior to fmalsubmittal.
B. Submit two final volumes revised within ten days after final inspection.
C. Prepare binder covers with printed title "OPERATION AND MAINTENANCE
INSTRUCTIONS", title of project, and subject matter of binder when multiple binders are
required.
D. Internally subdivide the binder contents with permanent page dividers, logically organized
as described below; with tab titling clearly printed under reinforced laminated plastic tabs.
1. Contents: prepare a Table of Contents for each volume, with each Product or system
description identified, type on 24-pound whitepaper.
2. Part 1: Directory, listing names, addresses, and telephone numbers of Architect,
Contractor, Subcontractors, and major equipment suppliers.
3. Part 2: Operation and maintenance instructions arranged by system and subdivided by
specification section. For each category, identify names, addresses, and telephone
numbers of Subcontractors and suppliers. Additionally, identify the following:
i. Significant design criteria
ii. List of equipment
[, iii. Parts list for each component
Contract Closeout 131
iv. Operating instructions necessary for Owner to make full and efficient use of
equipment including recommended maintenance and seasonal change -over
procedures for HVAC systems
v. Maintenance instructions for equipment and systems
vi. Maintenance instructions for finishes, including recommended cleaning methods and
materials and special precautions identifying detrimental agents
4. Part 3: Project documents and certificates, including the following:
i. Shop drawings and product data
ii. Air and water balance reports
iii. Certificates
iv. Photocopies of warranties and bonds
1.9 WARRANTIES
A. Provide duplicate notarized copies.
B. Execute and assemble docu vents from Subcontractors, suppliers, and manufacturers.
C. Provide Table of Contents and assemble with metal prong binder in durable plastic
presentation cover.
D. Submit prior to final Application for Payment.
E. For items of Work delayed beyond date of Substantial Completion, provideupdated
submittal within ten days after acceptance, listing date of acceptance as start of warranty
period.
1.10 SPARE PARTS AND MAINTENANCE MATERIALS
A. Provide products, spare parts, maintenance and extra materials in quantities specified in
individual specification Sections.
B. Deliver to project site and place in location as directed; obtain receipt prior to final payment.
END OF SECTION
Contract Closeout 132
SECTION 02200: DEMOLITION AND NOTIFICATIONS
PART 1-GENERAL
1.1 SUMMARY OF WORK
A. The primary purpose of this work is to demolish and haul away debris from certain park
pavilion structures owned by the Parks Department, City of Lubbock. The Contractor
understands and agrees that demolition and debris removal in the most expeditious manner
possible is of the utmost importance and it will make every effort to complete all
requirements of this Contract in the shortest time possible.
B. The work to be performed under this Contract shall consist of demolition and removal of the
structures shown on the plans and listed in these specifications. Included in the work shall
be all concrete, stone, brick, asphalt or other flatwork and or planters as shown on the plans
or as directed by the Owner.
C. The City -owned structures are deemed to be clear of or have been abated for Asbestos
Containing Materials (ACM), and may be handled as such.
D. The Contractor shall maintain all work sites to appropriate use standards, safety standards,
and regulatory requirements. All materials shall be removed, hauled, and disposed
-= according to applicable federal, state and local requirements.
E. The Contractor shall be responsible for compliance with all federal, state and local
requirements related to structure demolition and removal.
1.2 RELATED DOCUMENTS
F. Drawings and General provisions of the Contract, including General Conditions and Special
Conditions apply to this Section.
1.3 SECTION INCLUDES
A. Definitions
B. Securing the Site
C. Utility Disconnects
D. Demolition of Structures
E. Backfill —Finishing
F. Erosion Control
Demolition & Notifications 1 33
B. The use of a rotating blade (RB) roof cutter or equipment that similarly damages the roofing
�)
material is used to remove Category I nonfriable asbestos -containing roofing material is
acceptable as per the following conditions:
1. The removal of 5580 sq. ft. or more of asbestos -containing roofing material will
create at least 160 sq. ft. of Regulated Asbestos -Containing Material (RACM) and is
subject to the National Emissions Standards for Hazardous Air Pollutants (NESHAP)
2. The removal of less than 5580 sq. ft. is not subject to the NESHAP.
3. An original 10-day notice of intent to renovate or demolish pursuant to 40 CFR
61.145(b) (part of the NESHAP) is always required for demolitions.
C. This project has been determined to be less than 5580 sq. ft.
1. There is no special requirement for removal.
2. The contractors shall follow all local, state & federal regulations.
3. The Owner will file an original 10-day notice of intent to renovate and or demolish.
D. All equipment and vehicles utilized by the Contractor shall meet all the requirements of
federal, state and local regulations, including, without limitation, all TxDOT and safety
regulations, and are subject to approval of the Owner. All loads must be secured and solid
metal tailgates must be used on all loads. Sideboards must be sturdy and may not extend
more than two feet above the metal sides of the truck or trailer. Trucks shall carry a supply
of absorbent to be used to pick up any oil spilled from loading or hauling vehicles.
F
3.8 CLEAN-UP 1,
A. All pieces, parts, scraps, debris, rubbish, wood or organic materials from a structure or part
of a structure, inside of the fence enclosure, in the process of being demolished shall be
cleaned up and removed from the premises on a daily basis. Final cleanup after a structure is
demolished shall include complete and thorough removal from the premises of all parts or
pieces of the building, its contents and its furnishings, including all debris, organic
materials, rubbish, wood, concrete and masonry rubble. All hazardous open pits and
recesses shall be filled with thoroughly tamped earth or mortar, whichever is completely
required to eliminate the hazard.
B. Debris Disposal:
1. The Contractor acknowledges, represents and warrants to the City that it is familiar
with all laws relating to disposal of the materials as stated herein and is familiar with
and will comply with all guidelines, requirements, laws, regulations, and any other
federal, state or local agencies orauthorities.
2. Contractor acknowledges and understands that any disposal, removal, transportation
or pick-up of any materials not covered under the scope of work shall be at the sole
risk of the Contractor. Contractor understands that it will be solely responsible for J'
any liability, fees, fines, claims, etc., which may arise from its handling of materials
1
Demolition & Notifications 136
�.t
i�
not covered by the scope ofwork.
3. The Contractor is responsible for determining and complying with applicable
requirements for securing loads while in transit and that all trucks have asolid tailgate
made out of metal. Contractor shall assure that all loads are properly secured and
transported without threat of harm to the general public, private property and public
infrastructure.
4. The Contractor shall insure that all vehicles transporting debris are equipped with and
use tarps or netting to prevent further spread ofdebris.
C. Sewers, stacks, or other sanitary ducts extending to or through floors and slabs shall be
filled as specified (if applicable).
END OF SECTION
0
Demolition & Notifications 137
SECTION 02400: CONCRETE
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions and Special
Conditions apply to this Section.
1.2 SECTION INCLUDES
A. Codes and Standards
B. Concrete Strength, Mixing, and Testing
C. Materials
D. Site Preparation
E. Concrete Forms
F. Reinforcing
G. Joint Types
H. Concrete Placing and Workmanship
I. Concrete Washout at Construction Sites
1.3 CODES AND STANDARDS
A. Comply with the provisions of the following codes, specifications and standards, except
where more stringent requirements are shown or specified:
1. ASTM C94 - Ready Mixed Concrete
2. ASTM C260 - Air Entraining Admixtures for Concrete
3. ASTM C494 - Chemical Admixtures for Concrete
4. ASTM A706 - Weldable Reinforcing Steel
5. ASTM A615 - Deformed and Plain Billet Steel Bars for Concrete Reinforcement.
6. ASTM C33 - Concrete Aggregate
Concrete 140
f 7. ACI 347 - Recommended Practice for Concrete Form Work
8. ACI 304 - Recommended Practice for Measuring, Mixing, Transporting and Placing
Concrete
9. Concrete Reinforcing Steel Institute: Manual of Standard Practice
10. ADA and TAS guidelines and recommendations
11. Environmental Protection Agency (EPA) Regulations
MIKmal. r 111111
2.1 CONCRETE STRENGTH, MIXING, AND TESTING
A. Mix in proportion to produce minimum 3000 psi concrete at 28 days and 4 to 6 percent air
entrainment per ASTM C94. Slump shall not be more than 4inches. Addition of water
because of insufficient slump will not bepermitted.
B. The Contractor shall employ and pay for services of an independent testing laboratory to
perform testing of concrete materials. Four test cylinders shall be taken for every 75 CY or
less of concrete placed, or as directed by the Landscape Architect. One additional cylinder
shall be taken during cold weather (below 40 degrees f) and cylinder shall be cured on job
site under same conditions as concrete being tested. One slump test shall be taken for each
set of testcylinders.
C. Concrete shall be tested by means of actual cylinder breaks, with allinformation being
reported to the Owner.
D. Submit test reports to Owner showing results of tests and indicating compliance or non-
compliance with standards and specifications.
E. Mixing and delivery time shall be 90 minutes when the air temperature is 85 degrees or less.
When the air temperature is between 85 degrees F. and 90 degrees F., reduce the mixing and
delivery time from 90 minutes to 75 minutes, and when the air temperature is above 90
degrees F., reduce the mixing and delivery time to 60 minutes. The time of delivery is that
time when the truck is on site and the concrete is being placed in the forms.
2.2 MATERIALS
A. Concrete Materials
1. Portland Cement: ASTM C 150, Type I. (Use only one brand of cement throughout
the project, unless otherwise acceptable to Owner)
2. Aggregates: ASTM C33
3. Water: clean, fresh, drinkable
Concrete 141
4. Fiber reinforcement
B. Related Materials
1. Expansion Joints: pre -molded cane fiber saturated with asphalt, 1/2" wide. Joints 12
feet long or less shall be one continuous piece installed as shown ondetail.
2. Expansion Joint Cap: W. R. Meadows Snap -Cap, or approved equal
3. Expansion Joint Sealant: Sonneborn SL-I, one part self -leveling polyurethane
sealant, or approved equal, gray.
4. Concrete curing compound: W.R. Meadows Sealtight CS-309 Acrylic Curing and
Sealing Compound, or approved equal
C. Reinforcing Materials
1. Reinforcing steel: ASTM A615, Grade 60, except No. 3 ties and stirrups may be
Grade 40
2. Supports for Reinforcement: support all reinforcing with chairs. Sand plates shall be
used where the soil is loose and will not support chairlegs.
3. Slip dowels shall be plain steel bars conforming to ASTM A675, Grade 60 or ASTM
A 499. Provide smooth dowels as shown and detailed on drawings. Lubricate and cap
both ends, leaving'/" free movement in ends of caps. Caps for smooth dowels shall
be formed, clear 6 mil poly -ethylene; or approved equal. PVC pipe shall not be used
as caps for smooth dowels.
4. Fiber reinforcement: virgin polypropylene, collated, fibrillated fibers specifically
manufactured for use as concrete reinforcement, containing no olefin fibers. The
quantity of fiber reinforcement used shall be 1.5 pounds per cubic yard or as
recommended by the fiber manufacturer.
�':'; Lei 01
3.1 SITE PREPARATION
A. Contractor is responsible for layout of work based on owner provided control points, plan
dimensions, excavation, grading, leveling, and compaction of sub -grade and fill material.
B. Contractor shall notify Owner when concrete forms and reinforcing are in place; minimum
of 24 hours prior to concrete placement.
C. Sub -grade preparation to include removal, hauling, and disposal of any unusable material.
3.2 CONCRETE FORMS
A. Curved sections of concrete shall flow smoothly throughout the curve and shall not be
Concrete 142
composed of straight line segments which have been joined together. Ends of curves shall
flow smoothly into straight line segments.
B. Form material shall be matched, tight fitting and adequately stiffened to support weight of
concrete without deflection detrimental to tolerances and appearance of concrete.
C. Coat interior surface of forms before placement of reinforcing with W. R. Meadows Duo-
gard Concrete Form Release Agent, or approved equal.
3.3 REINFORCING
A. Maintain 2" clearance to all concrete surfaces.
B. Install smooth dowels in horizontal position, maintaining 2" min clearance to all concrete
surfaces.
C. Install tie wires by doubling the wire and tying in an "X" pattern. Ends of wire should be
bent down in close proximity to the reinforcing steel.
D. Support reinforcing with chairs. Chairs shall have sand plates on the bottom when the soil
will not support chair legs.
3.4 JOINT TYPES
A. Expansion Joints:
1. Expansion joints shall be fibrous cane material saturated with asphalt. Wood shall not
be used. Insertion during concrete placement will not be allowed. Joint material shall
have rigid backing while concrete is beingplaced.
2. Install expansion joint material where concrete abuts existing concrete, manholes,
inlets, structures, walks, poles, signals, and other fixed objects. Install one half inch
below top of concrete. Install Sonneborn sealant; or approved equal, flush with
concrete.
3. Expansion joints shall extend full -width and depth of slab, 1/2" below finished
C surface. Expansion joint material shall be one-piece lengths for the full width being
..• place, whenever possible. Where more than one length is required, lace or clip joint
sections together.
4. Protect the top edge of the joint material with a temporary plastic joint cap. Remove
temporary cap after both sides of joint areplaced.
5. The top 1/2" of expansion joints shall be filled with a gray colored urethane sealant.
Provide masking at joint edges to maintain straight line of sealant. Remove masking
. tape before sealant has cured completely. Sealant shall not be placed more than one
half inch thick. Applications requiring sealant more than one half inch thick shall be
placed using multiple applications, with adequate hardening time between
applications.
Concrete 143
6. Expansion joints shall be spaced as shown on plans. Contractor shall not deviate from
joint spacing shown on plans unless approved by the Owner.
7. Install expansion joints at all locations where new concrete abuts existing concrete
per detail.
B. Control Joints:
1. Control joints shall be spaced as shown on plans.
}
2. Contractor shall not deviate from joint spacing shown on plans unless approved by �£
the Owner.
C. Construction Joints and Cold Joints
1. Construction joints and cold joints are not permitted except as shown on the plans.
3.5 CONCRETE PLACING AND WORKMANSHIP
A. The Contractor is responsible for correction of concrete work which does not conform to the
specified requirements, including strength, tolerances andfinishes. Correct deficient
concrete as directed by the Owner.
B. Workmen shall have a minimum of 3 years' experience in forming and pouring concrete of
a similar nature and scope.
C. Comply with ACI 304, and as herein specified.
D. Deposit and consolidate concrete slabs in a continuous operation within the limits of
construction joints until the placing of a panel or section is complete. Consolidate concrete
during placement so that concrete is thoroughly worked around reinforcement and other
embedded items and into corners.
E. Bring slab surfaces to the correct level with a straightedge and strike off. Use a bull float or
darby to smooth the surface, leaving it free of humps or low places. Do not sprinkle water
on the plastic surface. j
F. Apply non -slip broom finish: immediately after trowel finishing, slightly roughen concrete j
surface by applying a light broom finish perpendicular to main traffic route. Broom must be
kept clean and free from concrete buildup between the bristles. Broom marks should be light
but distinct with cleanedges.
G. Protect freshly placed concrete from premature drying and excessive cold or hot
temperature, and maintain without drying at a relatively constant temperature for a period of
time necessary for hydration of cement and proper hardening.'
4j1
H. Contractor shall allow no marking or footprints to be placed on the uncured concrete.
Concrete with footprints or other defects will be subject to removal and replacement.
Mopping with cement slurry to cover defects will not be allowed.
I. Split edges, cracks, honeycomb and other defects will not be accepted. Concrete section Ie
Concrete 144 j
with such defects will be removed and replaced at the Contractor's expense.
J. Repair of formed surfaces: remove and replace concrete with defective surfaces if defects
cannot be repaired to the satisfaction of the Owner. Surface defects include color and texture
irregularities, cracks, spalls, air bubbles, honeycomb, exposed rocks and other protruding
objects.
K. Cold weather placing: protect concrete work from physical damage or reduced strength
which would be caused by low temperatures in accordance with ACI 306 and as herein
specified. When air temperature has fallen or is expected to fall below 40 degrees F.,
uniformly heat all water and aggregate before mixing as required to obtain a concrete
mixture temperature of not less than 50 degrees F., and not more than 80 degrees F., at point
of placement. Do not incorporate frozen materials into the concrete mix and do not place
concrete on frozen sub -grade, or on sub -grade containing frozen materials. Do not use
calcium chloride and other materials containing antifreeze agents or chemical accelerators
unless otherwise accepted in the design mix. Protect concrete with insulating covers if
subject to freezing. PVC only, as an insulating cover, will not be allowed. Insulating covers
shall not be allowed to damage the finish.
L. Hot weather placing: Protect concrete work from physical damage or high temperatures in
accordance with ACI 305. Cool ingredients before mixing to maintain concrete temperature
at time of placement below 90 degrees F. Mixing water may be chilled, or chopped ice may
be used to control the temperature provided the water equivalent of the ice is calculated in
the total amount for mixing. Cover reinforcing steel with wet burlap if the temperature
exceeds the air temperature immediately before embedment. Do not use retarding
admixtures unless otherwise accepted in the design mix.
M. Contractor shall be responsible for the protection of uncured concrete. Contractor shall not
allow markings or footprints to be placed in the uncured concrete. Contractor shall perform
curing of concrete by application of curing compound on finished surfaces immediately
after finishing. Apply in accordance with manufacturer's recommendations. Re -coat areas
subjected to heavy rainfall within 3 hours after initial application.
N. Forms may be removed when concrete is sufficiently hard that it will not be damaged by
removal of forms and provided that curing operations are maintained.
O. All edges of concrete shall have a radius of/2".
P. Allow for 2" minimum clearance between all reinforcing and concrete surfaces.
3.6 CONCRETE WASHOUT AT CONSTRUCTION SITES
A. The Contractor shall be responsible for correct handling of concrete washout materials. Best
Management Practice (BMP) and or Best Available Control Technology (BACT) shall be
followed at all times.
B. Collect and retain all the concrete washout water and solids in leak proof containers per
detail in plans.
END OF SECTION
Concrete 145
SECTION 02500: ELECTRICAL & LIGHTING
1.1 SUMMARY OF WORK
A. Work in this section includes furnishing all labor, materials, equipment, and services
required to provide and install electrical service and lighting as specified herein and
on the plans.
1.2 SECTION INCLUDES
A.
Electrical Products
B.
General
C.
Site Conditions
D.
Trenching
E.
Installation
2.1 ELECTRICAL PRODUCTS
A. All light poles and fixtures to be manufactured by RAB Lighting with the following
model numbers:
1. PS5-07-30WT, 5" Square 7 Gauge 30' Pole
2. RABABK5, 3�4" x 36" Anchor Bolts
3. RABMEGS400SFQT, Megaflood 40OW BPS QT HPF + Lamp Slipfitter,
Bronze
4. RABBULL2, Two Light Bracket Bullhorn
5. RABBULL3, Three Light Bracket Bullhorn
6. RABBULL4, Four Light Bracket Bullhorn
7. RABGDMEGP, Megaflood Poly Shield Gaurd
B. In -ground Jboxes shall be 14" W x 20" L x 12" D minimum (top dimensions) with
necessary extensions (no bricks).
Electrical & Lighting 146
" C. PVC Sch. 40 gray electrical conduit and fittings shall be used.
g,.
D. Dusk till Dawn Control shall be Photocontrol, 120VAC Voltage, 1800 Max. Wattage,
Fixed Type with Built in Relay.
PART 3 — EXECUTION
3,1 GENERAL
A. Codes and Standards
1. All electrical installation shall be in accordance with the N.E.0 and Local
Codes.
B. Discrepancies
1. It is the intent of this contract that all work must be completed and all material
must be furnished in accordance with the generally accepted practice of the
area. In the event of any discrepancies between the plans and specifications or
doubts as to the meaning and intent of any portion of the contract, the Owner
shall define what is intended to apply to the work.
C. Responsibility of Materials
1. The Contractor shall be responsible for all materials furnished by him and shall
replace at his own expense all material found to be defective in manufacture or
if it has become damaged in handling after shipment.
3,2 SITE CONDITIONS
A. Electrical lines (120V) that are shown on plans and damaged during construction shall
be repaired by the contractor at his expense. Terminations for repaired lines shall be at
existing light poles or electrical boxes — buried splices will not be allowed.
B. Contractor must verify all existing utility line locations with Owner before
installation.
C. The Contractor shall take all precautions necessary to protect all existing landscaping,
sidewalks, buildings, vehicles, utilities, etc., in the area where the work is being done
or that may be located adjacent to or in -route across city property to the job site. The
Contractor shall rebuild, restore, and make good at his own expense, all injury and
damage to same which may result from work being carved out under this contract.
D. If existing service is not adequate to supply the new installation as specified,
contractor shall make necessary upgrades to ensure service is sufficient to supply the
contract need.
E. Contractor to verify service location with local power company and Owner.
Electrical & Lighting 147
3.3 TRENCHING
A. Trenches to have straight, flat bottoms and of sufficient depth for future conduit
protection.
B. Trench & Sleeve Size:
1. All conduit shall have 42" of cover.
2. All sleeves shall be 2" PVC Schedule 40.
C. Electrical trenching to be done before irrigation; coordinate with irrigation contractor.
D. Trench to accommodate grade changes.
E. Maintain trenches free of debris, material, or obstructions that may damagepipe.
F. The Contractor shall locate all existing underground lines, of which he has been
advised whether or not they are shown on the drawings, sufficiently in advance of the
trenching to make whatever provision necessary to prevent damage thereto. Extreme
care shall be used to prevent such damage and the Contractor shall be fully
responsible for damage to any such lines.
G. Trench digging machinery may be used to make trench excavation except in places
where operation of same would cause damage to existing structures either above or
below ground; in such instances, hand methods shall be employed.
H. All trenches are to be inspected and approved by Owner before covering.
I. Backfill
1. Trenches to be backfilled with the excavated earth from trench work. All rocks
and debris to be removed and no item larger than one (1) inch diameter to be
placed back in the trench. Backfill is to be compacted and flooded to settle
trench. The Contractor shall add more backfill if needed to bring trenches to
existing grade.
2. Excess trench excavation, not used for backfill, shall be disposed of by the
Contractor, and at the Contractor's expense as directed by the Owner.
J. All settling and low areas that occur within the first twelve (12) months shall be the
responsibility of the Contractor to fill and level.
K. If tunneling, jacking, or boring is required, reference Section 02800: Irrigation
System, subsection 3.7.
3.4 INSTALLATION
A. All conduits shall have a pull box spacing of 300'-0" maximum distance,
B. All conduit sweeps shall be of a large radius type.
�gEg
Electrical & Lighting 148 �f i
C. Install all conduit designated for future use and leave in place with pull string and
PVC cap
D. Pull boxes lid must be bolted on and clearly marked "Electrical".
E. Concrete piers shall be 6' below grade, P above grade, and 2' in circumference.
F. Install all light poles, outlets, fixtures, and dusk till dawn controls in accordance with
manufacturer's instructions.
END OF SECTION
Electrical & Lighting 149
1
4 :
SECTION 02600: IRRIGATION SYSTEM
1.1 SUMMARY OF WORK
A. The work that the City of Lubbock desires to be performed is as follows:
1. Remove, save, and return to owner the existing valves and irrigation heads from the
areas be irrigated at Lakewood Development Area.
2. Install new wire, piping, valves, and irrigation heads as shown on theplans.
B. The Contractor shall supply all supervision, perform all work, furnish all labor, tools,
materials, equipment, and incidentals necessary to fully and properly perform all work as
shown on the plans and described in the specifications. Deliver materials, products and
equipment to the project site in undamaged condition in manufacturer's original, unopened
containers or packaging, with identifying labels intact. All construction and other work shall
be completed in accordance with all governing codes and ordinances, with the best
engineering and construction practices, including material manufacturer's recommendations
for installation and workmanship, for the skill or trade involved.
C. We request that your proposal be made in conformance with the guidelines contained in the
specifications and on all plans. The contract shall be awarded to the company with the
proposal determined to be the most advantageous to the City of Lubbock (which shall be
called owner).
1.2 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions apply to this Section.
1.3 SECTION INCLUDES
A. Quality Assurance
B. Irrigation Products
C. Product Substitution
D. Site Conditions
E. Field Quality Control
F. Submittals
Irrigation System 150 1
G. Handling of Materials
H. Trenching
I. Tunneling, Jacking, and Boring
J. Installation
K. Flushing
L. Leakage Test
M. Wiring
N. Testing and Preliminary Inspection
0. Inspection/Acceptance
P. Clean-up and Adjusting
Q. Commissioning
1.4 ADDITIONAL INFORMATION
A. All information under General Instructions to Bidder, General Conditions of Agreement,
and Special Conditions apply to this section.
B. The Bidder shall be prepared to send the Owner a price breakdown of any and/or all items
on which he has bid. Price breakdowns will only be requested after the bid opening has
taken place.
C. These plans and specifications were prepared by City of Lubbock, Park Development,
Lubbock, TX (which shall be called Owner). The Owner shall verify all construction stakes
for locations of elements at project sites, and give the Owner 48 hours to approve the
staking before construction canbegin.
1.5 QUALITY ASSURANCE
A. Contractor's on Site Responsibilities
1. The Contractor shall take all precautions necessary to protect all existing landscaping,
sidewalks, buildings, vehicles, utilities, etc., in the area where the work is being done
or that may be located adjacent to or in -route across city property to the job site. The
Contractor shall rebuild, restore, and make good at his own expense, all injury and
damage to same which may result from work being carried out under this contract.
2. The Contractor shall not park or drive any vehicles or equipment beneath thedrip line
il of on -site trees and shrubs. The Contractor and employees shall not park on
unsurfaced park property and shall not drive vehicles across city land unless it is
directly necessary to deliver materials to the job site.
Irrigation System 151
3. The Contractor shall take all necessary precautions to ensure the safety of any
pedestrians and park users during the demolition, construction, and clean-up
operations. The Contractor shall maintain and keep in good repair the work intended
under these plans and specifications and shall perform all necessary repair,
construction, and renewal to the date of acceptance by the owner.
4. Any utility and irrigation lines shown on plans are for design and construction
information only. The depths of utility lines are not guaranteed.
i. All underground lines are referenced from known surface structures. It is not implied
that all existing public utility lines are shown on plan. Park utilities include irrigation
systems, and park lighting, all others are public utilities. The Contractor's attention is
directed to the fact that other underground utility lines may exist of which the owner
is not aware. The owner does not assume any responsibility for any public utilities
that are not shown on plans. It is the Contractor's obligation to locate and familiarize
himself with all utilities and to provide for their safety. Damage to utilities will be
repaired at Contractor's expense. Park development staff will assist in the design and
relocation of utility lines.
5. The Contractor shall be responsible for the protection of unfinished work and shall be
responsible for the safety of individuals using the unfinished equipment. The
Contractor shall, at his own expense, furnish and erect such bridges, barricades,
fences, lights, and danger signals, and shall take such other precautionary measures
for the protection of persons, property and the work as may be necessary.
6. The Contractor shall be responsible for all damage to work due to the failure of
barricades, signs, and lights to protect it, and when damage is incurred, the damaged
portion shall be immediately removed and replaced by the Contractorat his own
expense. The Contractor's responsibility for maintenance of barricades, signs, and
lights shall not cease until the date of issuance to Contractor of city's certificate of
acceptance of the project.
7. The Contractor shall be responsible for removal, hauling, and disposal of all debris
and unusable material from proposed construction area and designated sites as shown
on plans and in specifications. The owner shall retain the right to any existing
materials deemed to have value.
8. The Contractor shall be responsible for inspection of site, to verify the completion of
all work as described in the specifications and shown onplans.
9. The Contractor shall furnish and supply all supervision, equipment, and labor
necessary to perform excavation, grading, backfill, compaction, and stock piling of
material as specified herein and on the plans.
10. Special Guidance Regarding ASBESTOS cementpipe
Contractor will be responsible for complying with applicable federal and state
regulations regarding ASBESTOS cement pipe that may be encountered during
excavation. Specifically, no ASBESTOS cement pipe may be intentionally disturbed
without appropriate training, certification, engineering controls, and worker safety
protections. Waste ASBESTOS associated with the disturbance of ASBESTOS
L- 3
Irrigation System 152
cement pipe (whether intentional or unintentional) must be removed from the
excavation and disposed of properly (wetted, double bagged in 6 mil poly, and
transported to an authorized landfill).
11. Procedures to be followed in the event that unexpected asbestos is found or
previously non -friable asbestos materials become friable:
i. There will be a designated competent person as required by the United States
Occupational and Health Administration regulations in 29 CFR, 1926.1101 on site
during entire project.
ii. All work will stop if unexpected asbestos is found or previously non -friable asbestos
becomes friable and the competent person will follow all local, state, and federal
regulations.
12. The contractor shall be responsible for the Texas Prevention Legislation. The Texas
damage prevention law (Utilities Code Title 5, Chapter 251) took effect October 1,
1998. This law requires excavators to call 48 hours before they dig. Texas Excavation
Safety System Inc. (TESS) is a nonprofit corporation formed by member companies
to prevent damage to underground facilities. The service is 100 percent free to
excavators by calling 1-800-DIG-TESS(3 4�} 83771_
13. Any utility and irrigation lines shown on plans are for design and construction
information only. The depths of utility lines are not guaranteed. All underground
lines are referenced from known surface structures. It is not implied that all existing
public utility lines are shown on plan. Park utilities are not listed with DIG TESS.
They include but are not limited to irrigation systems, park lighting and all others are
private utilities. The Contractor's attention is directed to the fact that other
underground utility lines may exist of public utilities that are not shown on plans. It
is the Contractor's obligation to locate and familiarize themselves with all utilities
that are not shown on plans. Damage to utilities will be repaired at Contractor's
expense.
14. All trenching or any excavation shall be a greater distance from the trunk of any plant
material than ten (1 Ox) times the diameter of the trunk at twelve (12") inches from the
ground. If questions arise, the Contractor shall contact the Owners Representative for
clarification.
B. Product Delivery, Storage, and Handling
1. Protect all materials from inclement weather: wet, damp, extreme heat, or cold, theft,
damage, or vandalism.
2. All manufacturers' labels, installation instructions, and shop drawings shall be in
included for each item ordered.
C. Equipment Check
1. The Contractor shall, one week after installation of equipment, check that all parts are
secure and are in good working condition.
Irrigation System 153
1
Verify the completion of all work as described in the specifications and shown on a
plans.
D. Clean-up
1. Demolition debris shall be removed from the site prior to commencement of
construction work.
Within three (3) days after completion of the site, the Contractor shall clean, remove
rubbish and temporary structures from the site. He shall restore adequately all
property, to its original integrity both public and private, which has been damaged
during the execution of work, and leave the entire site of the work in a neat and
presentable condition. The cost of the "cleanup" shall be included as a part of the
cost of the various items of work involved, and no direct compensation will be made
for this work. This work shall be done before final acceptance by the owner will be
considered. }�
3. The Contractor shall clean up and dispose of all construction debris, including
excavated rock material. The area shall be graded back into existing grade smoothly.
4. All spare parts or other pieces of equipment shall be turned over to the Owner
following completion of the project.
E. Warranty
1. The Contractor shall guarantee all labor, workmanship, and materials supplied by the
Contractor for a period of one (1) year from date of acceptance.
i. Repairs made necessary due to faulty workmanship shall be made promptly by the
Contractor at the Contractor's expense.
2.1 IRRIGATION PRODUCTS
A. Performance of Specified Material
All specifications given for materials are based on the performance of the equipment.
This is to assure the integrity and proper hydraulics for which the system is designed.
If bid material does not conform to given performance specifications, the bid will be
rejected by the Owner based on grounds that proper function of system could not be
maintained by using equipment that does not meet the performance specifications
required.
2. All material to be new, unused, and current.
3. All material must be a standard product of amanufacturer. 11
4. The Contractor shall provide performance records to verify equipment capabilities. fli
Irrigation System 154 ��
€ -E
t
B. Materials
1. PVC Pipe
i. All polyvinyl chloride pipes shall be class 200, SDR 21 un-plasticized polyvinyl
chloride, Type I, Grade I.
2. Polyethylene Line
i. All polyethylene line shall be Agricultural Products, Inc.'/4" polyethylene, OD
_ .710, ID = .610, and be made from low density.
3. Fittings
i. All pipe must have manufacturer's markings clearly printed on them during
installation.
ii. All class 200 pipes must conform to ASTM. D-2241
iii. All lateral piping under four (4) inches shall be solventweld.
iv. All mainline piping four (4) inches and larger shall use belled ends orbelled
couplings using rubber gaskets in twenty- (20) foot laying lengths.
v. All fittings for four (4) inches or larger mainline shall be 200 psi Gasketed Fittings.
vi. All fittings shall be pressure rated for 200-psi maximum workingpressure.
vii. Gaskets shall be designed for pressure and vacuum with maximum deflection (ASTM
F-477).
viii. PVC Fittings:
ix. Schedule 40 fittings must conform to ASTMD-2466.
x. Schedule 80 fittings must conform to ASTMD-2464.
xi. Three (3) X Four (4) Reducing Male adapters shall not be used.
xi i. Install concrete thrust blocks per details.
4. Swing Joints
i. Nipples: Schedule 80 with molded threads on both ends, unless specified otherwise in
construction detail
L ii. Elbows: (90 degree) Schedule 40 FIPT X FIPT
iii. Pre -fabricated swing joints are acceptable as specified Sec. 06, C,5B
iv. Lateral line fittings: Schedule 40
Irrigation System 155
5. Valves
i. Quick -coupler Valves
a. Rain Bird # 44-RC, I", Single lug, 2-piece body, heavy cast bronze with Rubber
Cover Lid `or approved equal'.
b. Standard cover
c. The Contractor shall supply the Owner with two- (2) valve keys for each Quick -
coupler type.
d. Installed with minimum ten (10") inch diameter plastic valve box
ii. Section Valve (Hunter ICV Series or `approved equal')
a. Sized according to plan
b. Direct burial, remote control electric valve normally closed
c. Solenoid: waterproof molded epoxy resin construction having no carbon steel
components exposed
d. Actuator: stainless steel enclosed in a watertight protection capsule with a molded
in place rubber exhaust port seal. Spring shall be stainless steel.
e. Diaphragm -Dual ported, made of nylon reinforced nitril rubber
f. Flow adjustment system
g. Cold water working pressure -200 psi
h. Heavy-duty glass -filled UV resistant nylon with stainless steel studs and flang
brass nuts
6. Valve Boxes
iii. Valve Box (Ametek "or approved equal")
a. Supplied by the Contractor
b. To be installed by the Contractor
c. Minimum dimensions: 16" x 11" x 12" deep, molded plastic. Extensions shall be
used as necessary to bring valve box to grade and shall be compatible with box to
achieve depth required (no bricks shall beused).
d. Bolt -in green lid with cover lift holes (rectangular, lid shall have snap lock tab
closure).
7. Irrigation Heads
Irrigation System 156
i. Specified Head #1: Hunter 125 series (Hunter model #: I25 06 SS) with flow rates
ranging between four (4) and twenty-eight (28) gallons per minute, `or approved
_., equal'.
a. Irrigation heads shall be pop-up type with gear drive for full circle and part circle
coverage. The final gear drive and bull gear drive shall be made of stainless steel
and brass. The nozzle and drive assembly shall also be encased in stainless steel.
b. Irrigation heads shall be mounted up to one-half (1/2") inch below finished grade.
ii. Specified Head #2, Hunter 120 series (Hunter model #: I20 06 SS) with standard
nozzle flow rates ranging between one and half (1.5) and eight (8) gallons per minute
`or approved equal'.
a. Irrigation heads shall be pop-up type with gear drive for full circle and part circle
coverage. The final gear drive and bull gear drive shall be made of stainless steel
and brass. The nozzle and drive assembly shall also be encased in stainless steel.
b. Irrigation heads shall be mounted up to one-half (1/2") inch below finished grade.
8. Control Wiring
i. All 24 volt wiring to be 14 AWG-annealed copper, Baron UF, 600 volts, PVC coated
UL approved direct burial.
ii. All wire to be single stranded, one wire for each electric valve and a common wire.
a. 12-gauge Common wire
b. 14-gauge Zone wire
iii. Flow Sensor wire — EV-CAB-SEN or "approved equal" — 2 conduit or direct burial
shielded cable for connecting flow sensors to controllers. Maximum allowable
distance is 2000 feet.
iv. Communication Cable — EV-CAB-COM or "approved equal" - 2 conductor direct
burial shielded cable for connecting controllers. Maximum allowable distance is
2000 feet.
v. All control wires to be installed at minimum depth of eighteen (18") inches, with a
maximum depth of twenty-four (24") inches and directly alongside any pipe if the
same ditch is used.
vi. Add yellow and green 14-gauge spare wires looped in mainline ditch. Contractor
shall place a minimum of 18" of each spare wire in each valve box. In case of a
looped mainline, run spares and common in a full continuous loop.
9. Miscellaneous Equipment
i. Wire Connectors shall be DS-400 model as manufactured by Spears, Prefilled Dri-
Splice Connector w/Crimp Sleeve or approved equal.
Irrigation System 157
ii. Provide moisture -proof connection for underground wiring.
iii. Solvent Cementing
a. Primer- Weld -On P-68 Purple Colored Only (All pipe and fittings)
b. Solvent- 1/2" then 1 %2" Weld -On #705; 2" three-10" Weld-On#717.
c. Manufactures Recommendations shall be followed at alltimes.
iv. Repair Coupling (Smith Blair, 461462 Quantum Wide Range Cast Coupling "or
approved equal").
a. Gasket: Nitrile (Buns-N), compounded to resist natural gas, water, oil, acids,
alkalis, most (aliphatic) hydrocarbon fluids and manychemicals.
b. Follower Flanges: Cast ductile iron per ASTM A-536.
c. Sleeve: Cast ductile iron per ASTM A-536.461 Style is 4" to 6.5" in length. 462
Style is 12" in length.
d. Washers: Carbon steel per ASTM 633-78, electro-galvanized finish.
e. Coating: Fusion bonded Flexi-Coat epoxy.
f. Bolts and nuts: High strength, low alloy steel, 5/8", to AWWA C219(ANSI
A21.11) standards Flexi-coat, fusion bonded epoxy coating. Nuts are perished
hexagon, fluoropolymer coated, to prevent galling.
v. Thrust Blocks
a. Concrete "ready -mix" - 3,000 PSI. in 28 days with number #3 rebar installed. To
be placed at all angles and terminal ends of two and one-half (2 %2") inch or
greater pipe. To be placed at all angles (90's, 45's, tees) and at terminal ends of
pipe. (Refer to Thrust Block Detail) Thrust Blocks must be installed against the
pipe and extend to twelve (12") inches of an undisturbed vertical wall of the
trench. All pipe and fittings to be wrapped in thirty (30) pound felt to protect from
movement.
vi. Fresh water line shall be no less than schedule 80 and have a six (6') foot minimum
horizontal separation from all other underground utilities. Tracer wire is requirement
of all fresh water lines.
vii. All pipe to have a one (1') foot minimum vertical separation from all non -like utility
lines.
2.2 PRODUCT SUBSTITUTION
A. Conditions for substitutions (`or approved equal')
1. In the event that the clause `or approved equal' is used in the specifications pertaining
Irrigation System 158 j
r-
to materials, the Bidder desiring to make substitutions for specified equipment shall
submit the following:
i. Product identification, including manufacturer's name, address, and product literature
ii, Product description
iii. Product performance and test date
iv, Reference standards
v. Manufacturer instructions for maintenance and repairs
2. Request for substitution shall be included with the overall bid and will be considered
before contract is awarded.
3. After the contract is awarded, no substitutions will be considered. It will be the
Bidder/Contractor's responsibility to assure the availability of specified product or
substitution before the bid date.
4. The Bidder shall provide the same guarantee for substitution as for product or method
specified.
5. The Bidder shall coordinate installation of accepted substitution into work, making
such changes as may be required for work to be complete in all aspects.
6. The Bidder shall waive all claims for additional costs related to substitution that
consequently becomes apparent.
7. The Bidder shall be prepared to send the Owner a price breakdown of any and/or all
items on which he has bid. Price breakdowns will only be requested after the bid
opening has taken place.
B. Substitutions will not be considered if:
1. They are indicated or implied on shop drawings or project data submittals without
being formally described in detail as to their differences from whatwas originally
specified.
2. Acceptance will require substantial revision of the original layout of theproject.
PART 3 — EXECUTION
3.1 GENERAL
A. Qualifications of Bidder -Licensing
1. The Bidder shall supply the name and license number of the licensed irrigator who is
responsible for the project with the bid submittal. The licensed irrigator shall be
Irrigation System 159
�z
licensed in the state of Texas and must comply with TCEQ and the standards -
established by Title 30 TAC Chapter 344. A licensed irrigator or installer shall be on
the job site at all times when irrigation work is inprogress.
2. The Owner reserves the right to reject any bid if bidder is not qualified based on the
above given criteria.
B. Codes and Standards
1. The Bidder shall conform to all local, state, and federal codes andordinances.
C. Discrepancies
1. It is the intent of this contract that all work must be completed and all material must
be furnished in accordance with the generally accepted practice of the area. In the
event of any discrepancies between the plans and specifications or doubts as to the
meaning and intent of any portion of the contract, the Owner shall define what is
intended to apply to the work.
3.2 SITE CONDITIONS
A. The Contractor's attention is directed to the fact that other underground utility lines may
exist of which the Owner is not aware. It is the Contractor's obligation to locate and
familiarize himself with all utilities and to provide for their safety. Damage to utilities will
be repaired at the Contractor's expense.
B. Water Supply
1. Meter or other water source already installed
C. Electrical Power Supply
1. Meter or other electric source already installed
D. Bores / Road crossings
Contractor is responsible for bores and sleeving necessary to go under city
streets/utility drives to provide any utility service to the project site. Bored holes shall
be of the smallest diameter that will permit installation of encasement pipe. Pipe
sleeving under city streets, park roads, and or parking lots shall be 16-gauge smooth
steel pipe with a minimum wall thickness of one -quarter (1/4") inch when pipe size is
greater than four (4") inch diameter.
2. Irrigation lines crossing sidewalks shall be sleeved with Schedule 40 PVC pipe twice
that of the pipe when line is less than six (6") inch diameter. Pipe to be large enough
for irrigation pipe and conduit for electrical control wires (if necessary). Notes shown
on plans shall over ride specifications. Sleeves shall extend at least two (2') feet out
from under the surface structure.
Irrigation System 160
^l 3.3 FIELD QUALITY CONTROL
A. Responsibility of Materials
1. The Contractor shall be responsible for all materials furnished by him and shall
replace at his own expense all material found to be defective in manufacture or if it
has become damaged in handling after shipment.
B. Responsibility of Property
1. The Contractor shall be responsible for the protection and preservation of all plant
material, monuments, and structures during installation. Any damage shall be
repaired or replaced by the Contractor, at his own expense, to the satisfaction of the
Owner.
2. All trenching or any excavation is to be no less than six (6) feet from the trunk of any
plant material. If questions arise, the Contractor shall contact the Owner for
clarification.
C. Barricades and Protective Measures
1. The Contractor shall be responsible for the protection of unfinished work. The
Contractor shall, at his own expense, furnish and erect such barricades, fences, lights,
and danger signals. He shall also take such other precautionary measures for the
protection of persons, property, and the work as may benecessary.
2. The Contractor shall be responsible for all damage to the work due to failure of
barricades, signs, and lights to protect it. When damage is incurred, the damaged
portion shall be immediately removed and replaced by the Contractor at his own cost
and expense. The Contractor's responsibility for maintenance of barricades, signs,
and lights shall not cease until the date of issuance to of City's certificate of
acceptance of the project.
3.4 SUBMITALS
A. Shop Drawings
1. Contractor shall submit shop drawings to the Owner before installation of equipment.
Shop drawing to include complete layout and detail drawings illustrating the location
and type of all heads, valves, piping circuits, controls, and accessories.
B. Maintenance Materials
1. At the completion of the job, the Contractor shall furnish spare parts, special tools,
and equipment required to operate and maintain the system.
C. Maintenance Data
1. The Contractor shall furnish two (2) copies of parts list and repair manuals for
controllers, valves, and heads.
Irrigation System 161
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D. Project Record Document
1. The Contractor shall prepare "as -built" plans of system after final check. Work to be
done with legend describing symbols for equipment in a digital format of AutoCAD
or "approved equal'. "As -built" plans shall be accurate. Inaccurate plans will not be
accepted. Final payment will not be made until "as -built" plans are submitted and
approved by Park Development Staff.
3.5 HANDLING OF MATERIALS
A. The Contractor shall exercise care in handling, loading, and unloading of all equipment. All
PVC pipe, fittings, and other equipment shall be adequately covered and protected from the
elements. Pipe and fittings also shall be transported in such a fashion as to be protected from
excessive bending and from external, concentrated load at any point.
3.6 TRENCHING
A. Trenches to have straight, flat bottoms and of sufficient depth for irrigation head and
operable swing joint.
B. Trench Size:
1. Minimum width: Six (6") inches and/or six (6") inches greater than pipesize
2. Minimum cover over installed supply piping: Eighteen (18")inches
3. Minimum cover over installed branch piping: Fourteen (14") inches
4. Minimum cover over installed outlet piping: Fourteen (14") inches
5. Maximum centerline depth main line shall not exceed twenty-four (24") inches at zone
valves.
6. Maximum centerline depth of zone valves shall not exceed eighteen (18") inches at
zone valves.
C. Pipe pulling is not acceptable.
D. All trenches and adjoining areas shall be hand raked to leave the grade in as good or better
condition than before construction started.
E. All settling and low areas that occur within the first twelve (12) months shall be the
responsibility of the Contractor to fill and level.
F. Trench to accommodate grade changes.
G. Maintain trenches free of debris, material, or obstructions that may damagepipe.
H. Where rock or other undesirable materials are encountered trenches are to be over excavated
by three (3") inches to allow for a three (3") inch layer of finely graded sand under all
piping. After the piping is installed, finely graded sand shall be placed around the piping up
to a point three (3") inches above thepiping.
Irrigation System 162
I. All trenches are to be inspected and approved by Owner before covering.
J. Trench digging machinery may be used to make trench excavation except in places where
operation of same would cause damage to existing structures either above or below ground;
in such instances, hand methods shall be employed.
K. The Contractor shall locate all existing underground lines, of which he has been advised
whether or not they are shown on the drawings, sufficiently in advance of the trenching to
make whatever provision necessary to prevent damage thereto. Extreme care shall be used
to prevent such damage and the Contractor shall be fully responsible for damage to any such
lines.
L. There will be no classification of, or extra payment for excavated materials and all materials
encountered shall be excavated as required. Adjacent structures shall be protected from
damage by construction equipment. All excavated material shall be piled in a manner that
will not endanger the work or existing structures and which will cause the least obstruction
to roadways.
M. The Contractor will be required to locate all known utility lines far enough in advance of the
trenching to make proper provision for protecting the lines and to allow for any deviations
that may be required from the establishment lines and grades.
N. It is understood that the piping layout is dynamic and piping shall be routed in such a
manner to achieve the intent of the plan.
O. Backfill
1. Trenches to be backfilled with the excavated earth from trench work. All rocks and
debris to be removed and no item larger than one (1) inch diameter to be placed back
in the trench. Backfill is to be compacted and flooded to settle trench. The Contractor
shall add more backfill if needed to bring trenches to existing grade.
2. Excess trench excavation, not used for backfill, shall be disposed of by the
Contractor, and at the Contractor's expense as directed by the Owner.
All trench backfill shall be flooded to prevent settling to 95% Standard Proctor
Maximum Density. Tamping is required, at road crossings and cross country trails.
The material shall be placed in 8-inch layers, moistened if necessary, and thoroughly
compacted with mechanical tampers from the bottom of the trench to the finish grade
to a density of at least 95% of maximum density at optimum moisture as determined
by ASTM D698.
3.7 TUNNELING, JACKING AND BORING
A. Tunneling, jacking and boring are methods used for water line placement under restrictive
conditions when open cut construction is not allowed.
1. Only straight pipe alignments for both horizontal and vertical alignment are allowed.
2. Casing shall extend full width of right-of-way or as directed by the Chief Water
Irrigation System 163
Utilities Engineer.
3. Casing pipe shall be a minimum of two standard sizes larger than encased pipe.
4. Casing Pipe thickness shall be:
i. Only purpose-built centralizers maybe used.
6. Coal tar coating for casing pipe shall conform to AWWAC203.
7. For bores in excess of 100 feet, purpose-built fused or restrained joint pipe shall be
used.
B. Slick boring or directional drilling without encasement shall be considered on a case- by -
case basis by the Chief Water Utilities Engineer.
C. Annular space between casing or uncased pipe and bored hole shall be injection grouted.
3.8 INSTALLATION
A. General Information
1. Install pipe, valves, controls, and outlets in accordance with manufacturer's
instructions.
2. Connect to utilities
3. Set outlets and box covers at finish grade elevations
4. Provide for thermal movement of components in system
5. After piping is installed, but before outlets are installed and backfill commences, open
valves and flush system with full head ofwater.
6. Dissimilar Materials Piping Joints: Construct joints using adapters that are
compatible with both piping materials, outside diameters, and system working
pressure.
7. Concrete Thrust Blocks are required at all turns and dead -ends on pipe sizes three (Y)
inches and over. Pipe of smaller sizes may also require thrust blocks if so directed by
Irrigation System 164
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the Owner. Concrete shall have a twenty-eight (28) day compressive strength of 3000
psi, minimum. (See Detail). Control wire shall not be encased in the thrust block.
8. Dripline to be Techline CV, Pressure compensating with check valve. As
manufactured by Netafim. Emmitter spaceing to be 12" with .9gphoutput.
9. Filters to be manufactured by Netafim and installed as shown onplan.
B. Wiring
1. Wire splices will only be allowed within an accessible control box. Inline direct
burial splices will not be allowed. Wire Connectors shall be DS-400 model as
manufactured by Spears, Prefilled Dri-Splice Connector w/Crimp Sleeve or approved
equal.
2. Provide looped slack at valves and turns in trench to allow for contraction of wires.
All wire passing under existing paving, sidewalk, etc., shall be encased in plastic
conduit extending at least twelve (12") inches beyond edges of paving or
construction.
4. All electrical control wiring shall be wrapped together on 10-feet increments with
plastic tape. An electrical wiring schematic shall be furnished with the equipment.
C. Laying of PVC Pipe
1. The pipe is to be snaked from side to side of trench bottom to allow for expansion
and contraction of the pipe.
2. All foreign matter is to be removed from inside of pipe before joining. Keep clean
during laying operations by means of plugs or other approved methods.
3. All lumber, rubbish, and large rocks shall be removed from the trenches. Pipe shall
have firm, uniform bearing for the entire length of each pipeline to prevent uneven
settlement.
4. Do not lay pipe in water, or when trench or weather conditions are unsuitable for
work.
5. When work is not in progress, securely close the open ends of pipe fittings so that no
trench water, earth, or other substance will enter pipes or fittings.
6. Take up and relay any pipe that has the grade or joint disturbed afterlaying.
7. Fittings at bends in the pipeline and at ends of lines shall be firmly wedged against
the vertical face of the trench, but not against rock.
8. Thrust blocks to be used. (See V. Products, B., 12.d., ThrustBlocks)
9. Make joints in all threaded fittings by applying Teflon tape on male threads. Use of
Teflon dope is prohibited.
Irrigation System 165
10. Where threaded PVC connections are required, use threaded PVC adapters.
11. There shall be no less than nine (9) inches of pipe between any two fittings, except
for close nipples used in swingjoints.
12. No cross tees or street ells are to be used at anytime.
13 i . On cut pipe, all burrs to be removed, tees and pipe to be cleaned, and primer and
solvent applied as to standard applicationprocess.
14. After pipe has been solvent weld, do not apply water pressure for a time less than that
-
of the manufacture's recommendation, considering current weather conditions.
15. All pipe shall be installed so that manufacture's markings are facing in the up
position.
16. Excess PVC Solvent shall be removed from joints before drying to prevent pipe
i_d
weakening. Pipe connections made with excess solvent will not beaccepted.
17. Solvent welding will not be permitted if weather conditions prevent joints from
remainingfree of dirt or moisture while the joint is being made. Also if the
.1 g e ,
temperature is below that specified by the pipe or solvent manufacturer's
recommendations.
18. The Owner must be given twenty-four (24) hour notice before the pipe trenches are
covered so that Landscape Architect may be present for inspection. After the pipe
system has been inspected and approved, trenches may beclosed.
19. All pipe shall have a one (1') foot minimum vertical separation from all utility lines
t
in close proximity.
D. Installation of Valves (gate, double check, and sectionvalves)
1. Install all new valves on a level grade with the mainline. Valve boxes shall extend a
minimum of three (3") inches below bottom of valve. Valve box extensions shall be
used as necessary and shall be compatible with the valve box.
2. After installing valves and valve boxes, backfill holes with a three (3") inch
minimum washed gravel, three-quarters (3/4") inch size up to bottom ofvalve.
3. Quick -coupler valve to be installed on swing joint. Top to be flush with finish, grade.
E. Irrigation Heads
1. All irrigation heads to be installed at spacing indicated onplans.
2. Irrigation heads installed on swing joint assemblies shall be installed so that the top
'
of head is slightly above ground level to allow for settling.
f ;
i. Swing Joints:
b. Swing joints shall be used on all rotary gear driven irrigation heads and shall be of
Irrigation System 166
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the same diameter as the inlet opening and shall have a twelve (12") lay length.
c. Pre -manufactured swing joints shall be used as manufactured by Lasco, swing
joint shall be schedule 80t, Lasco G132-412 noexceptions.
3. All irrigation heads to beset to property arc by the Contractor.
4. All irrigation heads to be installed six (6) inches from existing and/or proposed fence
line.
3.9 FLUSHING
A. The mainline and valves will be flushed after installation. Full working pressure must be
used to flush all lines. On a loop system the two valves the greatest distance from the water
source will be opened. On any other configuration of mainline, the last valve on each
mainline will be opened for flushing. The Landscape Architects must be given twenty-four
(24) hours' notice before flushing begins so they may be present for inspections. After
mainlines have been inspected and flushed, the lateral lines may be installed.
B. The lateral lines will be flushed just before head installation. The flushing procedure will
consist of pointing all swing joints away from ditch line to prevent contamination. Next,
open the valve with full working pressure and begin capping each swing joint with a
threaded cap, beginning with the swing joint closest to the valve and ending with the swing
joint the greatest distance from the valve. Twenty- four (24) hour notice must be given to
Landscape Architects forinspection.
C. Flush pipes until free of all rock, dirt, trash, pipe shavings, and debris.
3.1 d LEAKAGE TEST
A. After pipe is laid, line to be pressurized and all air expelled from line at highest point of
each section.
B. Each line to be inspected for leaks. Any joints showing leaks shall be repaired and any
cracked or defective pipes or fittings shall be removed and replaced with good material.
3.11 WIRING
A. All wiring shall be Type UF, copper direct bury type made for the irrigation industry.
Wiring shall be color -keyed: 12 ga. white for ground, 14 ga. red for operation of equipment,
and an eighteen inch (18") loop in each valve box of a 14 ga. green and a 14 ga. yellow
t spare.
B. Tracer wire and warning tape shall be installed with all fresh water piping. Tracer wire 16
Gauge CU. shall have the insulation removed for at least six (6") inches every thirty (30')
feet of run. Potable Water Warning tape shall be run at half the depth of the top of the pipe.
C. Control wires from controller to valves shall be laid in irrigation head line trenches (if
applicable -wiring to be installed along wiring route onplan).
Irrigation System 167
D. Control wires to be taped together every ten (10) feet along trench.
E. Expansion loops shall be made at every turn in the trench and every 50-foot length of wire
run by wrapping at least five (5) turns of wire around a one (1) inch rod or pipe. Next,
withdraw the rod leaving turns in wire.
F. All wire connections or splicing work shall have moisture proof connectors, and their
location must be denoted on the as -built plan. Contractor shall minimize amount of splices.
G. Extra yellow and green wires shall be installed in mainline ditch.
H. Common valve wiring shall be white through entire system.
1. Section valve wiring shall be red through entire system. White wire may not beused as
section wire.
3.12 TESTING AND PRELIMINARY INSPECTION
A. Testing Procedure
1. Do not allow any of the work in this section to be covered or enclosed until it has
been inspected, tested and approved by the Owner or Landscape Architect. All
trenching for this project must be inspected and approved by Shane Bell of the City
of Lubbock's Water Utility Administration. Phone: 806-775-2595.
2. Prior to backfill, the main line and with control valves in place but before the lateral
lines are connected, completely flush and test the mainline.
3. Fill the main line with water for a twenty-four (24)-hour period prior totesting.
4. Pressure test main lines with 100 psi for a period of two (2) hours. Allowable leakage
shall be as determined by the formula listed in AWWA C600.
1, The Owner will witness and approve all tests. Notify the Owner at least twenty-four
(24) hours in advance of all testing.
5. Provide all testing equipment and personnel required to complete the testing
procedure (Repeat testing as required)
6. Flush, clean, adiust, and balance all systems.
7. Adjust heads for proper coverage.
8. Potable Water Lines: Hydrostatic test for six (6) hours at 150 psi. There shall be no
leaks whatsoever.
9. Backflow preventer shall be tested and certified, and three (3) copies shall be
provided; one to the owner, one to the water purveyor, and one to remainwith the
tester as required by local, state, and federal codes andordinances
Irrigation System 168
mB. Preliminary Inspection
1. When all initial installation is done and all incidentals necessary to the proper
function of the system is done, the Contractor shall request the Owner to walk
through system and visually check the operation of the system. At this time the
Owner and the Contractor will discuss repairs that may need to take place.
3.13 INSPECTION/ACCEPTANCE
A. Final Inspection
1. After preliminary inspection has taken place and all corrections and repairs have been
completed by the Contractor, the Contractor and the Owner will againwalk through
system to check operation. This procedure will be repeated until system operates to
the Owner satisfaction. At this time the Owner will accept system from the
g_. Contractor. An acceptance form will follow from the Owner to the Contractor.
3.14 CLEAN-UP AND ADJUSTING
A. Removal of Site Debris
1. The Contractor shall:
i. Make final clean-up of all parts of work.
ii. Remove all construction material and equipment.
iii. Prepare the site in an orderly and finished appearance.
iv. Remove from site any rock or extra dirt that resulted from this and restore site to its
original condition.
v. Flush dirt and debris from piping before installing irrigation heads and other devices.
vi. Adjust automatic control valves to provide flow rate of rated operating pressure
required for each irrigation head circuit.
vii. Carefully adjust lawn irrigation heads so they will be flush with, or not more than
one-half (1/2") inch below finish grade after completion of landscape work.
viii. Adjust settings of controllers and automatic control valves.
ix. The Contractor will be required to remove all construction debris from the site. Final
clean up by the Contractor must be acceptable to the Owner.
3.15 COMMISIONING
A. Starting Procedures
Irrigation System 169
1. Follow manufacturer's written procedures. If no specific procedures are prescribed by t
proceed as follows:
i. Verify that specialty valves and their accessories have been installed correctly and
operate correctly.
ii. Verify that specified tests of piping are complete.
iii. Check that irrigation heads and devices are correct type.
iv. Check that any damaged emitters, valves and devices have been replaced with new f
materials.
v. Check that potable water supplies have correct type backflow preventers.
vi. Energize circuits to electrical equipment and devices.
vii. Adjust operating controls.
2. Operational Testing
i. Perform operational testing after hydrostatic testing is completed, backfill is in place,
and emitters are adjusted to final position.
B. Demonstration
1. Demonstrate to the Owner that system meets coverage requirements and that
automatic controls function properly.
2. Demonstrate to the Owner's maintenance personnel operation of equipment,
irrigation heads, specialties, and accessories. Review operating and maintenance
information.
3. Provide a seven (7) day written notice in advance ofdemonstration.
C. Guarantee
1. The Contractor shall:
i. Make all needed repairs or replacements due to defective workmanship or materials
for exactly one (1) years following date of final acceptance.
ii. Be responsible for all expenses necessary for repairs andreplacement.
iii. Pay all expenses incurred if the Contractor fails to act upon a request from the Owner
for repairs to system. If the Contractor fails to do work within ten (10) days after
request has been made by the Owner, the Owner will proceed with repairs and
charge all expenses to the Contractor.
iv. Pay for expenses incurred to project due to vandalism prior to final acceptance.
Owner shall pay for all expenses incurred due to vandalism after final acceptance.
Irrigation System 170
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END OF SECTION
Irrigation System 171
SECTION 02900: TURFGRASS LAWNS
I' : � �QN �i►l:7si �
1.1 SUMMARY OF WORK
A. This work includes all labor, materials, and equipment for soil preparation, fertilization,
planting, and other requirements regarding turfgrass areas shown on plans.
1.2 RELATED DOCUMENTS
A. The Drawings and all specification herein apply to the Work in this Section.
1.3 SECTION INCLUDES
A.
Quality Assurance
B.
Submittals
C.
Scheduling
D.
Warranty Period
E.
Materials
F.
Fertilizer
G.
Grading and Verification
H.
Hydromulch Seeding on Prepared Finished Grade
I.
Broadcast Seeding on Prepared Finished Grade
J.
Sod Bed Preparation
K.
Planting
L.
Protection
M.
Establishment and Acceptance
N.
Irrigation System
O.
Post -Planting Maintenance
P.
Erosion Control
Turfgrass Lawns 172
Q. Inspections
R. Clean-up
S. Guarantee
1.4 RELATED SECTIONS
A. Section 02300 Earthwork
B. Section 02810 Irrigation System
1.5 QUALITY ASSURANCE
A. Source
1. Sod shall be subject to inspection and approval by Landscape Architect at the site
upon delivery for conformity to specifications. Such approval shall not impair the
right of inspection and rejection during progress of the work. The Landscape
Architect reserves the right to refuse inspection at such time if, in his judgment, a
sufficient quantity of sod is not available for inspection.
2. Seed shall conform to U.S. Department of Agriculture rules and regulations of
Federal Seed Act and Texas Seed Law. Seed shall be certified 90 percent pure and
furnish 80 percent germination
B. Inspections
1. Make written request for inspection of finish grade prior to sod bedpreparation.
2. Make written request for the inspection of sodding operations. Such inspection is for
the purpose of establishing the Maintenance Period.
3. Submit written requests for inspections to the Landscape Architect at least seven (7)
days prior to anticipated Inspection date.
1.6 SUBMITIALS
A. Furnish required copies of manufacturer's literature, certifications, or laboratory analytical
data for the following Items:
1. Seed/Sod Source (Certifications): submit certification from supplier that each type of
seed conforms to these specifications and requirements of Texas Seed Law.
Certification shall accompany seed delivery.
2. Top Dress Fertilizer (Certification): submit certificate stating that fertilizer complies
with these specifications and requirements of Texas FertilizerLaw.
Turfgrass Lawns 173
1.7 SCHEDULING
A. Planting Restrictions: coordinate planting periods with initial maintenance periods to
provide required maintenance from date of Substantial Completion. Plant during one of the
following periods:
1. May 15th to August 31 st for Bermuda hydromulch seeding.
2. Over seeding - Annual Rye Grass
i. If Bermuda turf cannot be established by September 15, turf areas are to be over -
seeded with annual rye-grass at a rate of 4-lbs'/1,000 s.f. If this is required, the
contractor shall maintain the annual grass turf, as needed, including but not limited to
irrigation, mowing to maintain a maximum height of three (3"), and edging, as
required.
ii. This annual rye grass maintenance shall be considered as a separate item from the 30-
day maintenance period specified for the seeded Bermuda grass.
iii. The Contractor shall apply a minimum of two applications of Roundup herbicide to
the annual rye grass in early spring in preparation for Bermuda grass hydromulch
seeding. The two applications should be separated by a period of 10-14 days and
contractor should notify the Landscape Architect of the schedule of Roundup
application.
iv. After sufficient annual grass kill has been verified by the Landscape Architect, turf
areas shall have an "Aera-vator" PTO driven, vibration tine, aeration device process
the soil to a depth of three (3") inches to four (4") inches prior to hydromulch
seeding the Bermuda grass as specified.
B. Weather Limitations: Proceed with planting operations only when existing and forecasted
weather conditions permit.
1.8 WARRANTY PERIOD
A. Time Period: warrant that all turfs and grasses shall be in a healthy and flourishing condition
of active growth six (6) months from date of Final Acceptance.
B. Appearance during Warranty: turf shall be free of dead or dying patches, and all areas shall
show foliage of a normal density, size and color. Complete lushcover with no brown
sections or cracks showing.
C. Delays: all delays in completion of planting operations which extend the planting into more
than one planting season shall extend the Warranty Period correspondingly.
D. Exceptions: contractor shall not be held responsible for failures due to neglect by Owner,
vandalism, etc., during Warranty Period. Report such conditions inwriting.
E. Replacements: replace, without cost to Owner, and as soon as weather conditions permit, all
turf and grasses not in a vigorous, thriving condition, as determined by Landscape Architect
`I
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Turfgrass Lawns 174
- during and at the end of Warranty Period.
F. Matching: closely match all replacement sod with adjacent areas of turf or grass. Apply all
requirements of this Specification to all replacements.
1.9 REPLACEMENTS
A. Unacceptable Workmanship: turf and grass areas exhibiting conditions which are
determined as unacceptable workmanship shall be repaired and/or replaced at no additional
cost to the Owner.
1.10 FINAL ACCEPTANCE
A. Work under this Section will be accepted by Landscape Architect upon satisfactory
completion of all work, but exclusive of re -application under the Guarantee Period.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Turf Seed
1. Composition: fresh, clean, certified, Class 'A', new crop seed.
2. Type: "Cynodan dactylon" Common Bermuda.
3. Deliver to the site in the original sacks as received by the Producer and each sack
shall be tagged in accordance with the agricultural seed laws of the United States and
the State of Texas. Each sack shall be tagged showing the dealers guarantee as to the
year grown, percentage of purity, percentage of germination and the date of test by
which the percentages of purity and germination were determined. All seed sown
shall have a date of test within six (6) months of the date of sowing.
4. Any seed delivered prior to use, shall be stored in such a manner that it will be
protected from damage by heat, moisture, rodents or other cause.
5. The mixture to be used shall be proportioned by weight and consist of the following
varieties to be sown at the rate of six (6) pounds per 1,000 square feet (210 pounds
k_, per acre):
Turfgrass Lawns 175
1 '
1
Turf Seed Mixture for turf areas Proportion
Purity
Minimum g
by weight
Germination
Cynodan Dactylon-Common Bermuda 85%
98%
90%
Lolium perenne- Perennial Ryegrass 10%
98%
90% {
Poa Annual Ryegrass 5% 95% 90%
6. Weed Seed: do not exceed 0.25%
B. Turf Sod
1. One -Year -Old, nursery -grown sod, of the variety Tifway 419 as approved. Sod shall
consist of stolons, leaf blades, rhizomes, and roots with a healthy, virile system of
dense, thickly matted roots throughout the soil of the sod for a thickness not less than
three-quarters (3/4") inch.
2. Sod shall be dense, healthy, and field -grown on fumigated soil with the grass having
been mowed prior to sod cutting so that the height of the grass shall not exceed two
(2") inches.
3. Sod shall be dark green in color, relatively free of thatch, free from diseases, weeds
and harmful insects.
4. Sod shall be reasonably free of objectionable grassy and broadleaf weeds. Sod shall
be considered weed free if no more than ten (10) such weeds are found per 100 sq. ft.
of sod.
5. Sod shall be rejected if found to contain the following weeds: Quackgrass,
Johnsongrass, poison ivy, nimbleweed, thistle, bindweed, bentgrass, perennial sorrel
or bromegrass.
C. Hydromulch
1. Mulch
i. Virgin wood cellulose fibers from whole wood chips having minimum of 20 percent
fibers 0.42 inches in length and 0.01 inches in diameter.
ii. Cellulose fibers manufactured from recycled newspaper and meeting same fiber
content and size as for cellulose fibers from wood chips.
iii. Dye mulch green for coverage verification purposes.
iv. Three approved mulches are manufactured by Conwed, Weyerhauser, and Texas
Fiber Co.
a. Submittal: submit a sample label or specification and a sample packet of the
proposed mulch for the Owner's approval.
Turfgrass Lawns 176
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2. Soil Stabilizer "Terra Tack V or approved equal.
2.2 FERTILIZER
A. Pre -planting Fertilizer Application for Turfgrass Planting Areas: Fertilizer for the initial
planting application shall be of N-P-K ratio of 4-5-1 (19-26-5). The phosphorus component
must be derived from monoammonium phosphate to stimulate vigorous development of new
roots, stolons, and rhizomes. The initial application must be applied and incorporated into
the soil immediately (no morethan two (2) days) prior to sodding.
1. Specification Submittal: Submit a sample label or specification of the fertilizer
proposed to be used for the Owner's approval.
B. Post Planting Application: Fertilizer for the post planting application will be a complete
fertilizer of chemical base containing by weight the following percentages of nutrients: 273-
4 +2% Fe (N-P-K) from methylene urea or the nitrogen equivalent of 33-3-1 O. The
application rate should provide one (1) lb. of N / 1000 sq. ft.
1. Specification Submittal: Submit a sample label or specification of the fertilizer
proposed to be used for the Owner's approval.
PART 3 - EXECUTION
3.1 GRADING AND VERIFICATION
A. Coarse Grading
1. Stones, Weeds, Debris: verify that all areas to receive turf are clear of stones larger
than one and a half (1-1/2") inches diameter, weeds, debris and other extraneous
materials.
2. Grades: verify that grades are within two (2) inch plus or minus of the required
finished grades. No Grades greater than 1 inch shall close uponitself.
3. Tillage: larger graded areas at the South end of the park shall be tilled to a depth of
six inches with a chisel type breaking plow. Initial tillage shall be followed by a disc
harrow
B. Final Grading
1. Stones, Weeds, Debris: verify that all areas to receive turf are clear of stones larger
than 1 in. diameter, weeds, debris and other extraneous materials.
2. Grades: verify that grades are within one (1) inch plus or minus of the required
finished grades. No Grades greater than 1 inch shall close upon itself. Verify that soil
preparation and fertilization has been installed. Report all variations in writing.
3. Tillage: larger graded areas at the South end of the park shall be power raked to a
F
Turfgrass Lawns 177
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depth of one inches. Initial power rake pass shall be followed by a second pass at an
angle between thirty (30) to sixty (60) degrees to the initial pass followed by a pass
with a cultipacker or roller. 1
C. Schedule: immediately after the finished grade has been approved, begin sodding operations
to reduce excessive weed growth. If sod bed is dry immediately prior to installation, dampen
surface with a fine mist ofwater. ,
D. Soil Moisture
1. Excessive Moisture: do not commence work of this section when soil moisture
content is so great that excessive compaction will occur, nor when it is so dry that dust
will form in air or that clods will not breakreadily.
2. Inadequate Moisture: apply water, as necessary, to bring soil to optimum moisture
content for planting.
3.2 HYDROMULCH SEEDING ON PREPARED FINISHED GRADE
A. Bed Preparation: immediately after the finished grade has been approved, begin hydromulch
seeding operation to reduce excessive weed growth.
B. Special Equipment and Procedures: hydraulic equipment used for the application of
fertilizer and seed; disc, harrow or aerator and a cultipacker orroller.
C. Operators of hydromulch seeding equipment shall be thoroughly experienced in this type of
application.
D. Application:
1. Contractor shall obtain approval of seeding area preparation from the Landscape
Architect prior to application.
2. Immediately following approval, Contractor shall aerate the seed bed one (1") to two
(2") inches deep in a motion to form a uniform coverage of the entire seeding area.
3. Immediately following aeration, the Contractor shall pack the soil with a cultipacker
or roller to get a firm seedbed.
4. After cultipacker or roller operations apply specified hydromulch seed nix in a
motion to form a uniform coverage at specified rate.
5. Immediately following hydromulch of seed, the Contractor shall not operate any
equipment over the covered area.
6. Refer also to the maintenance portion of this Section.
3.3 BROADCAST SEEDING ON PREPARED FINISHED GRADE
A. Bed Preparation: immediately after the finished grade has been approved, begin broadcast
Turfgrass Lawns 178
seeding operation to reduce excessive weed growth.
B. Special Equipment and Procedures: rotary equipment used for the application of fertilizer
and seed; disc, harrow or aerator and a cultipacker orroller.
C. Application:
1. Contractor shall obtain approval of seeding area preparation from the Landscape
Architect prior to application.
2. Operators of broadcast seeding equipment shall be thoroughly experienced in this
type of application. Apply specified seed mix in a motion to form a uniform coverage
at specified rate.
3. Immediately following broadcasting of seed, Contractor shall aerate the seed bed one
(1") to two (2") inches deep at a speed to cover the seed with soil one quarter (1/4) to
1_. one half (1/2") inches deep in a motion to form a uniform coverage of the entire
seeding area.
4. Immediately following aeration, the Contractor shall pack the soil with a cultipacker
or roller to get seed in good contact with the soil.
5. After aeration, the Contractor shall not operate any equipment over the covered area.
6. Refer also to the maintenance portion of this Section.
D. Unseeded Areas: if, in the opinion of the Landscape Architect, implanted skips and areas are
noted after broadcast seeding, the Contractor shall be required to seed the implanted areas
with the grasses that were to have been planted at no additional cost to the Owner.
3.4 SOD BED PREPARATION
A. Provide soil preparation per this Section 02921.
B. Rake areas to set exact line and final finish grade.
C. Rolling: roll amended soil with 200-pound water -ballast roller.
D. Moistening: after all unevenness in the soil surface has been corrected, lightly moisten the
soil immediately prior to laying the sod.
E. Timing: sod immediately thereafter, provided the sod -bed has remained friable.
3.5 PLANTING
A. Solid Sodding
r 1. Method: lay the first row of sod in a straight line, with subsequent rows parallel to
and tightly against each other, with no spaces between strips. Stagger lateral joints.
Do not stretch or overlap sod. Butt all joints tightly to eliminate all voids. Lay sod on
` Turfgrass Lawns 179
. a
mounds and slopes with strips parallel to contours. Use a sharp knife to cut sod to fit
curves.
2. Tamping and Rolling: thoroughly tamp and roll sod to make contact with sod bed.
Roll each entire section of completed sod.
3. Following rolling, fine screened topsoil shall be used to fill all cracks between sods.
Excess soil shall be worked into the grass with suitable equipment and shall be well
watered. The quantity of fill soil shall be such that it will cause no smothering of the
grass.
4. Watering: thoroughly water sod immediately after installation to wet the underside of
the new sod pad and the soil immediately below to a depth of 6 in.
5. Immediately after installation of the sod, remove sod clumps and soil, washoff any
plant materials and pavements not to have sod. Keep all areas clean during the
maintenance period.
3.6 PROTECTION
A. No heavy equipment shall be moved over the planted turf area unless the soil is again
prepared, graded, leveled, and replanted. It will be the responsibility of the Contractor to
protect all paving surfaces, curbs, utilities, plant materials, and any other existing
improvements from damage. Any damages shall be repaired or replaced at no cost to Owner.
3.7 ESTABLISHMENT AND ACCEPTANCE
A. Regardless of unseasonable climatic conditions or other adverse conditions affecting
planting operations and the growth of the turfgrass, it shall be the sole responsibility of the
Contractor to establish a uniform stand of turfgrass as herein specified.
B. Uniform Stand of Sodded Areas: complete coverage is defined as no visible joints showing
or felt between individual sections of sod and all sections of sod being firmly rooted to the
prepared subgrade.
C. Uniform Stand of Seeded Areas: complete coverage is defined as a healthy, uniform stand
of grass which is free of weeds and surface irregularities, with coverage exceeding 90
percent over any ten (10) square feet (0.92 sq. m) and bare spots not exceeding five (5")
inches by five (5") inches (125 min x 125mm).
3.8 IRRIGATION SYSTEM
A. The proposed irrigation system must be complete in ALL respects and must be fully
operational before turfgrass planting may begin. After planting, any breakdowns in the
irrigation system attributable to warranty items must be immediately repaired by the
Contractor.
Turfgrass Lawns 180
3.9 POST -PLANTING MAINTENANCE
A. Maintenance shall begin immediately alter each grass area is planted. All planted areas will
be protected and maintained by watering, weed control, redressing and replanting as
necessary for at least thirty (30) days after initial planting and for as much longer as
necessary to establish a UNIFORM STAND OF THE SPECIFIED GRASS and until the
entire project is accepted by the Owner. Grass shall be mowed to a height of two (2") inches.
B. All turf areas adjacent to paved areas shall be edged to maintain a neat appearance.
C. All areas which are not completely covered with the specified grass at the end of thirty (30)
days will continue to be replanted, re -dressed and maintained by the Contractor until
complete coverage and acceptance are achieved.
3.10 EROSION CONTROL
A. Throughout the project and the maintenance period for turfgrass, it is the Contractor's
responsibility to maintain the topsoil in place at specified grades. Topsoil and turfgrass
i losses due to erosion will be replaced by the Contractor until establishment and acceptance
is achieved.
3.11 INSPECTIONS
A. Make written request for inspection after areas have been seeded andsodded.
B. Submit requests for inspections to Landscape Architect at least two (2) days prior to
anticipated inspection date.
3.12 CLEAN-UP
A. General: keep all areas of work clean, neat and orderly at all times. Keep all paved areas
clean during planting operations.
B. Debris: clean up and remove all deleterious materials and debris and material unearthed as a
result of turf grass planting operations from the entire work area prior to Final Acceptance.
3.13 GUARANTEE
A. The Contractor shall guarantee all materials used for this work to be the type, quality and
quantity specified.
END OF SECTION
Turfgrass Lawns 181
SECTION 03100: SPECIAL CONDITIONS
fVA111 Iaw"10131.7,111�
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract including General Conditionsapply to this
Section.
1.2 SECTION INCLUDES
A. Special Conditions
1.3 SPECIAL CONDITIONS
A. After demolition of the existing concrete slabs and removal of turf, Contractorwill smooth
and level the affected areas.
B. Damage caused to pavilion structures will be restored to original condition at Contractor's
expense. Contractor will cover pavilion posts with suitable materials to prevent concrete
from adhering to posts. Any concrete that does adhere to posts will be removed immediately
and will not be allowed to dry on theposts.
C. Contractor shall coordinate with Suddenlink Communications through contact listed on
plans. Contractor shall provide notification and grade information for Suddenlink
Communications to raise their pull boxes to be flush with new surrounding sidewalk.
D. Contractor shall coordinate with contractors under separate contract installing playground
equipment and related work. Contractor to allow access to site and coordinate sidewalk tie-
ins where necessary.
E. Contractor shall coordinate with contractors under separate contract installing picnic shelters
and related slabs and site furnishings. Contractor to allow access to site and coordinate
sidewalk tie-ins where necessary.
F. Contractor shall refer to supplemental detail in specification manual for City of Lubbock
Standard 24" Type "A" curb and gutter detail as noted onplans.
END OF SECTION
Special Conditions 182
UNIVERSITY MEDIANS
IRRIGATION MODIFICATIONS
CITY OF LUBBOCK PARKS & RECREATION
MAYOR, DAN M. POPE
CITY MANAGER, JARRETT ATKINSON
CITYCOUNCIL -DISTRICT I, JUAN CHADIS CITY COUNCIL- DISTRICT 4, STEVE MASSENGALE
CITY COUNCIL- DISTRICT Z SHELIA PA TTERSON-HARRIS CITY COUNCIL- DISTRICT 5, KAREN GIBSON
CITY COUNCIL- DISTRICT 3, JEFF GRIFFITH CITY COUNCIL- DISTRICT 6, LATRELLE JOY
DIRECTOR OF PARKS & RECREATION, BRIDGET FAULKENBERRY
PARK DEVELOPMENT MANAGER, LIONEL PLUMMER
SHEET INDEX
GENERAL NOTES
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