HomeMy WebLinkAboutResolution - 2016-R0357 - Contract - Turfmaster Irrigation & Landscaping - Lakewood Area Improvements - 10_27_2016 (2)Resolution No. 2016-RO357
Item No. 6.10
October 27. 2016
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. 12926 for Lakewood Development Area
infrastructure and landscaping improvements as per ITB 16-12926-MA, by and between the City
of Lubbock and Turfinaster Irrigation & Landscaping,. of Lubbock. Texas, and related
documents. Said Contract is attached hereto and incorporated in this resolution as if fully set
forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on October 27, 2016
DANIEL M. POPE, MAYOR
ATTEST:
City
APPROVED AS TO C
IN
Scott Snider. Assistant City Manager
APPROVED AS TO FORM:
//q�-
Justi uitt, As istant City Attorney
ccdocs/RES. Contract 12926 — rUrf caster Irrigation cl, Laitdscaping — L.Av%vood InfraistrucIure
July R, 2016
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loll
Complete Nos. 1 - 4 and 6 if there are interested parries.
OFFICE USE ONLY
CompletQ Nos 1. 2. 3, 5 and 6 it there are na interested parries.
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.
2016-116790
Turimaster Irrigation and Landscaping, Inc.
Lubbock, TX United Slates
Date Filed:
09/2712016
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being tiled.
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 properly to be provided under the contract.
12926
Grading, Landscaping. Irrigation and Concrete
3
Name of Interested Party
Ciry, State, Country (place of business)
Nature ofinteresl
(check applicable)
Controlling I Intermediary
Kathy. Sci-neider
Lubbock, TX United Stales
X
Schneider, Jimmy
Lubbock, TX United States
X
5 Check only it there rs NO Interested Party. ❑
6 AFFIDAVIT I swear or aff ,m under penalty of perjury that the above disclosure is true and correct
1
-jfjJsature of authorized agent of contracting business entmy
AFFIX NOTARY STAMP 1 SEAL ABOVE J
Sworn to and subscribed before me, by the said Oay ofADI
20_, to certify which, witness my hand and seal of offs A IMPAL BHAfC7A
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Forms provided by Texas Ethics Commission v.wn v.ethics state.tx.us Verson V1.0.277
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.
2016-116790
Turfmaster Irrigation and Landscaping, Inc.
Lubbock, TX United States
Date Filed:
09/27/2016
2 Name of governmental entity or state agency that Is a party tot the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
09/28/2016
3
Provide the Identification number used by the governmental entity or state agency to track or identity the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
12926
Grading, Landscaping, Irrigation and Concrete
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
Kathy, Schneider
Lubbock, TX United States
X
Schneider, Jimmy
Lubbock, TX United States
X
5
Check only if there Is NO Interested Party. ❑
6
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the
day of
20 , to certify which, witness my hand and sea] of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277
BOND CHECK
BEST RATING:
LICENSED IN TEXAS
DATE: BY:
CONTRACT AWARD DATE: August 11, 2016
CITY OF LUBBOCK
SPECIFICATIONS FOR
LAKEWOOD DEVELOPMENT AREA INFRASTRUCTURE
IMPROVEMENTS PROJECT
ITB 16-12926-MA
CONTRACT 12926
PROJECT NUMBER: 92365.9249.30000
Plans & Specifications may be obtained from
BidSync.com
t
City of
i L b b o k
TEX AS,
CONTRACT PREPARED BY: PURCHASING AND CONTRACT MANAGEMENT OFFICE
PAGE INTENTIONALLY LEFT BLANK
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 Numben
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2016-116790
Turfmaster Irrigation and Landscaping, Inc.
Lubbock, TX United States
Date Filed:
09/27/2016
2 Name of governmental enft or state agency that Is a party to the contract for whi a forms
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
12926
Grading, Landscaping, Irrigation and Concrete
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling I
Intermediary
Kathy, Schneider
Lubbock, TX United States
X
Schneider, Jimmy
Lubbock, TX United States
X
5 Check only If there is NO Interested Party. ❑
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
' ature of authorized agent of contracting business entity
AFFIX NOTARY STAMP I SEAL ABOVE ,
P
Sworn to and subscribed before me, by the said -.day, of
20 , to certify which, witness my hand and seal of offi .�°"°l°'r+� RIMPAL BHAKTA
,` il �� °¢$
tl ' ,,,SNotary Public, State of Taus
"s ty'Z cornrn. Expires 07d0S_2020
Notary Its 130731653
` sig ' lure o'�r -administering oath vPrinted narKe of officer ministering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
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.
2016-116790
Turfmaster Irrigation and Landscaping, Inc.
Lubbock, TX United States
Date Filed:
09/27/2016
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:
09/28/2016
3 Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
12926
Grading, Landscaping, Irrigation and Concrete
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling I
Intermediary
Kathy, Schneider
Lubbock, TX United States
X
Schneider, Jimmy
Lubbock, TX United States
X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the
day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277
No Text
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
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. Identify addenda received (if any). Include firm's
FEDERAL TAX ID number or Owner's SOCIAL SECURITY number.
2. 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. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT.
This must include the signature of the agent or broker. Contractor's signature must be original.
4. Clearly mark the bid number, title, due date and time and your company name and address on the
t outside of the envelope or container.
5. V 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. (ell_� 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 Orvner',s SOCIAL SECURITY number.
8. (/ Complete and submit the LIST OF SUB -CONTRACTORS.
DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING:
9. Complete and submit the FINAL LIST OF SUB -CONTRACTORS.
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.
(Type or Print Compa me)
BID SUBMITTAL FORM
INDEX
1. NOTICE TO BIDDERS
2. GENERAL INSTRUCTIONS TO BIDDERS
3. BID SUBMITTAL — (must be submitted by published due date & time)
3-1. LUMP SUM BID SUBMITTAL FORM
3-2. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT
3-3. SAFETY RECORD QUESTIONNAIRE
3-4. SUSPENSION AND DEBARMENT CERTIFICATION
4. LIST OF SUB -CONTRACTORS
5. PAYMENT BOND
6. PERFORMANCE BOND
7. CERTIFICATE OF INSURANCE
8. CONTRACT
9. CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176
10. DISCLOSURE OF INTERESTED PARTIES FORM CHAPTER 46
12, GENERAL CONDITIONS OF THE AGREEMENT
13. DAVIS-BACON WAGE DETERMINATIONS
14. SPECIAL CONDITIONS (IF APPLICABLE)
15. SPECIFICATIONS
2
PAGE INTENTIONALLY LEFT BLANK
NOTICE TO BIDDERS
ITB 16-12926-MA
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 3:00 PM on July 7, 2016, 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:
' Lakewood Development Area Infrastructure Improvements Project
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
i- for the City of Lubbock, before the expiration of the date above first written.
Bids are due at 3:00 PM on July 7, 2016, and the City of Lubbock City Council will consider the bids
on July 28, 2016, 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.
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 non -mandatory pre -bid conference on June 28, 2016 at 11:00AM., at Lubbock City Hall,
PurcliasinIZ Conference Room 204, 1625 13" Street, Lubbock, TX 79401.
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.
The City of Lubbock hereby notifies bidders that in regard to any contract entered into pursuant to this
r
advertisement, minority and women business enterprises shall be afforded equal opportunities to submit bids $
in response to this invitation and will not be discriminated against on the grounds of race, color, sex,
disability, or national origin in consideration for an award.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid
meetings and bid openings are available to all persons regardless of disability. If you require special
assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 or write to
Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
Al Arta AC areZ
DIRECTOR OF PURCHASING
& CONTRACT MANAGEMENT
4
GENERAL INSTRUCTIONS TO BIDDERS
1 BID DELIVERY, TIME & DATE
The City of Lubbock is seeking written and sealed competitive bids to furnish Lakewood Development
Area Infrastructure Improvements Project per the attached specifications and contract documents.
Sealed bids will be received no later than 3:00 PM, on July 7, 2016 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 16-12926-MA, Lakewood Development Area Infrastructure Improvements
Project " 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
1.1 Bidders are responsible for snaking 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.
1.2 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.
1.3 The City of Lubbock reserves the right to postpone the date and time for opening bids through an
addendum.
i 2 PRE -BID MEETING
i_
2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda
as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting
will be held at June 28, 2016 at 11:00AM., at Lubbock City Hall, Purchasing Conference
Room 204 1625 131h Street 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 infonnation discussed at the pre -bid meeting to bidders who do
not attend the pre -bid meeting.
1 _ 3 ADDENDA & MODIFICATIONS
3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over
the Internet at www.bidsvnc.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.
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
5
v
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 t.
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, _i
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 infonnation and decline
to release such information initially, but please note that the final determination of whether a particular LP
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 r
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 PERMITS TAXES
The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or
may be required to pay. j
6 L__ !
,
8 UTILIZATION OF LOCAL BUSINESS RESOURCES
C_.
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.
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, recoinmendation, vote or any other exercise of
discretion concerning this bid.
10 CONTRACT DOCUMENTS
10.1 All work covered by the contract shall be done in accordance with contract documents described in the
General Conditions.
10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents
for the construction of this project and shall be responsible for the satisfactory completion of all work
contemplated by said contract documents.
11 PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by
the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without
charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice
to Bidders.
12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS
12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be
the bidder's resUonsibility to advise the Purchasing and Contract Management Office if anv language,
requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in
this ITS 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 five (5) calendar days before
the bid closing date. A review of such notifications will be made.
12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR
ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO
BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR
DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO:
Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
Purchasing and Contract Management Office
1625 131h Street, Room 204
Lubbock, Texas 79401
Fax: 806-775-2164
Email: MAlvarez@mylubbock.us
Bidsync: www.bidsync.com
13 TIME AND ORDER FOR COMPLETION
13.1 The construction covered by the contract documents shall be substantially completed within 120 calendar
Days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful
bidder.
1'
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 cornbination, 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 frrnware
failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate
the procedures it intends to follow in order to comply with all the obligations contained herein.
17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub-
contractor or any third party involved in the creation or development of the products and services to be
delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations
contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and
under this Contract including, but not limited to, its right pertaining to termination or default.
17.4 The warranties contained herein are separate and discrete from any other warranties specified in this
Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the
Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or
any document incorporated in this Contract by reference.
18 PLANS FOR THE CONTRACTOR
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,
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 cornpletion 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 Contractor's responsibility to prosecute the work contemplated by the contract documents in such a
way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
other underground structures which might or could be damaged by Contractor during the construction of the
project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the
location of all such underground lines and utilities of which it has knowledge. However, such fact shall not
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 pennission 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, frnns, 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
.. 9
5•
a
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. 1,
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 AN ADDITONAL INSURED ON A
PRIMARY AND NON-CONTRIBUTORY BASIS AND PROVIDE A WAIVER OF
SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN
THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE
CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT
SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO
PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS
INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR
THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND
COMPLETE OPERATIONS.
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 f rther 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.
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 Contractor
must notify the Owner's Representative not less than three full working days prior to the weekend or
10
holiday he desires to do work and obtain written permission from the Owner's Representative to do such
work. The final decision on whether to allow construction work requiring an inspector on Sunday or
holidays will be made by the Owner's Representative.
4_ 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
27.1 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 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.
27.2 House Bill 2016, 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).
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. 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: Turfmaster Irrigation and Landscaping, Inc.
11
30
31
29.3.2 Bid for ITB 16-12926-MA, Lakewood Development Area Infrastructure Improvements
Project" Bid submittals may be withdrawn and resubmitted at any time before the time set for i
opening of the bids, but no bid may be withdrawn or altered thereafter.
29.5 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 SUBMITTAL
FORM PRIOR TO BID OPENING.
BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and 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.
0) Insurance Certificates for Contractor and all Sub -Contractors.
0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
QUALIFICATIONS OF BIDDERS
The bidder may be required before the award of any contract to show to the complete satisfaction of the City of
Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein
in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy
the City of Lubbock about the bidder's qualifications. The City of Lubbock may snake reasonable investigations
deemed necessary and proper to detennine 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
experience with similar projects that require the Contractor to plan his work efforts and equipment needs with
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 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.
12
32 BID AWARD
P s 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 inunaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole
discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid
Items 1 - 12 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
detennine possible Anti -Trust violations.
32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than
lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder
would be required to underbid the nonresident bidder in the nonresident bidders' home state.
32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the
State of Texas and under the laws of the State of Texas. In connection with the performance of work, the
Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all
other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the
same may be applicable.
32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY
AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR
PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED
BY THE REQUIREMENTS OF THIS INVITATION TO BID.
33 ANTI -LOBBYING PROVISION
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 work, including a
building, highway, road, excavation, and repair work or other project development or improvement, paid
for in whole or in part froin 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
34.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not 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.
13
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:
http://www.wdol. gov/dba.asi)x
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 $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.
14
BID SUBMITTAL FORM
PAGE INTENTIONALLY LEFT BLANK
BID SUBMITTAL FORM
UNIT PRICE BID CONTRACT
DATE:
PROJECT NUMBL•R: TTB 16-129264% A - Lakewood Development Arco Infrastructure Improvements Project
Bid of L {' e r a + tLC. (herduafter called Bidder)
To the Honorable Mayor and City Co it Ciry of Lubbock, Texas (hereinafter called (truer)
Ladies and Gentlemen:
The Bidder, in compliance with your Invitation to Bid for du Lakewood Development Area Infrastructure improvements
Project, having caretidly examined the plans, specifications, instructions to bidders, notice to bidders and all other related
contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the
construction of the intended project including the availability of materials and labor, hereby intends to famish all labor,
materials, and supplier, and to construct the project in accordance %ith 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.
OM
DESCRIMON
UMT
QU5n ATM
TY
uMT PRICE
LAKEWOOD DEVELOPt11FNT AREA INFRASTRUCTURE UMPROVEMEN`M PROJECT BASE BID:
1
Erosion Control BMP's as needed
LS
1
S �' 000. as
2
Rough grading as needed
IS
I
$ j�Q . `P'
Demolition and removal of designated items
3
including all necessary incidentals to complete the
LS
I
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work, furnished.
r
All concrete sidewalks, sloped sidewalk at drainage
inlets and parking spot, maintenance curbs, beach
4
pads, and water fountain pads. Includes all
LS
I
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necessary incidentals to complete the work,
famished and installed, complete in place.
$112 , 3 71.7 6
Construct typical 24"nub and guttaType 'A' to
5
lines and grades according to plans including all
LS
I
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necessary incidentals to complete the wodi ,
•
furnished and installed, complete in place.
ADA Accessible Periling Space with related curb,
pda, puking sigttage, striping, reinforcement and
6
concrete including all necessaty incidentals to
LS
I
S t�D
complete the work, furnished and installed,
complete in puce.
NO.DESCRIPTION
UNIT
STD4AFPY7 W
QUAConstruct
UNIT PRICE
ADA pedestrian ramp in compliance with
_ eves
7
latest City of Lubbock Standards per the plans and
LS
I
S C;
specifications.
B
Furnish and install & ldng fountains per plan and
detafts,
LS
complete and operational.
9
Electrical coodult and pull boxes including all
necessary incidentals to complete the work,
LS
I
,v.V
S -
futsished and install4 complete in place.
1 r(
Irrigation system, all associated materials and
IO
egWpm ent fully tested and operational including all
LS
I
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necessary Incidentals to complete the wort,
t
furnished and installed, complete in plum
installation of all plant material Including trees and
11
gropndcovershrubs. Includes all necessary
LS
I
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-ter
incidentals to complete the wodt, furnished and
,�•
installed, complete in place.
$27 , 032.0 0
Earthwork and fine grading, sodding, and hydro -
12
mulched seed planted and established to a'%udform
stand." turf maintenance, landscape tsbabititasion
LS
I
rs:u
S
work including all necessary incidentals to complete
the work, Runished and installed, complete In place.
$332,203.76
TOTAL (ITEMS 1-12)
S�j `Q
-- Bidder's Initials
Bidder hereby agrees to commence the wodL on the above project on a date to be Pied in a written "Notice to
Proceed" ofthe Owner and to substantially complete the project within 120 Calendar Days thenmiter as stipulated in the
specifications and other contract documents. Bidder hereby $ether agrees to pay to Owner as liquidated damages the sum
of SM for each consecutive calendar day in excess of the time set forth herein move for completion of this project, all as
more fully set forth in the general conditions of the contract documents.
Bidder understands and agmes that this bid submittal gall be completed and submitted in aeeor imcc 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 gball be good and may not be withdmwa for a period of 30 calendar days after the
scheduled closing time for receiving bids.
The vatic aigned Bidder bemby declares that he has visited the site of the work and has caeiirlly m mind the
plans, specifications and contract doctume nts pertaining to the work covered by this bid, and he fwdw agis es to
=mncoce wink an orbefnre the date s puffier in the written notice to proceed, and to rubstantially complete the work on
wbkb be bas bid; as provided in the canpaet documents.
2
Bidders are required, whather or not a payment or petformum bond is required, to submit a casbices check or
certified check issued by a bank satisfactory to the City of Lubbock, or it bid bond front a reliable surety company,
payable without recourse to the order of the City of Lubbock in an amormt not less than five percent (5%) of the total
amount of the bid submitted as a Suarantee that bidder will enter into a cart w:k obtain all required insurance policies, and
execute all necessary bonds (if required) within ten (10) business days afer notice of award of the contract to him
Fmclessed th OA bid Is a Casbier's Check or Certified Check for 018
Dollars (S �or a Bid Bond is the am of 6 Dollars
{S 1, whicb it Is agreed shall be collected and retained by the dttaer as liquidated damages In the event
the bid Is accepted by the Owner and the undersigned fails to execute the secrasary contract documents, insunmee
car dflcates, and the required bond Of any) with the Owner within ten (10) business days after the date of receipt or
written notification of acceptance or said bid; otherwise, said check or bond shag be returned to the undersigned
�. upon demand.
Bidder undcutands and agrees than the contract to be executed by Bidder shall be hound and inciudc all contract
f- documents rrrade available to him for his inspection in accordance with the Notice to Bidders.
Pwnant to Teias Local Government Code 25LO43(g), o
eompetitive sealed bid that has been opened may not be
cbsoged for the purpose or earreetiag an error In the bid price.
THEREFORE, ANY CORRECTION'S TO THE BID PRICE
MM BE MADE ON TIM 19 D S1 MWI TAL FORM- PRfOR
T0919-0EMU
•
(Seal if Bidder is a Corporation)
Bidder acknowledges receipt of the following addenda:
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
Cmn�in raAP-- Avo_
Telephone: $Db
Fax:—.—
.�, i•R�.rac.�L.
cmq
Zip Code
FEDERAL TAX M or SO AL SECURITY No.
EMAIL:
By Dec:
Authwired Represrrnrmdne - innoxlgn bc• hand
Officer Name and Tnic:
Pkase P► W
Business Telephone Number FAX:
9-mall Address
FOR CITY USE O.YI.Y
Bid Fame here Number(s) Awarded to Above Named FnuA n&vuhral:
Date of Award by City Council (forbids m er SSO.0M): Date P.OJCaatmct Issued:
RETURN COAVLEiED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS.
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITS NUMBER, THE CLOSING DATE AND T@IE, AND
YOUR COMPANY NAME AND ADDRESS
Pale Intentionally Left Blank
w
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we TURFMASTER IRRIGATION AND LANDSCAPING INC. as
principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite
320, Austin, Tx 78759, as surety, hereinafter called the "Surety," are held and firmly bound unto CITY OF
LUBBOCK as obligee, hereinafter called the Obligee, in the sum of FIVE Percent (5%) of the Amount Bid by
Principal 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 LAKEWOOD DEVELOPMENT AREA INFRASTRUCTURE.
ITB 16-12926.
NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as
specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such
Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the
amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another
party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full
force and effect.
PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution
of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that
financing has been firmly committed to cover the entire cost of the project.
SIGNED, sealed and dated this 71h day of JULY, 2016.
TURFMASTER IRRIGATION AND LANDSCAPING INC.
(Principal)
BY:
QP\O--Z-
TITLE: t77P czS,
SureTec Insurance Comaan
BY:
MA A HILL, Attorney -in -Fact
SureTec Bid Bond.doc Rev 1.1.06
roA #: 4221762
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Howard Cowan, Marla Hill
its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and,duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment shall continue in force until 5/18/2017 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact sball be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary,
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April,
1999,)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 21st day of March, A.D. 2013.
�PDMOlibp,14" SURETEC INSURANCE COMPANY
°SURANC « ►
X q tp� By:
w t w i y3 John I*�nox Jr. resident
State of Texas ss:
County of Harris N44
r°
On this 21st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
-� q•""YP��c JACOUELYN MALDONADO
Notary Public
State of Texas
My Comm.Exp.5/18/2017 Jacq'(Ielyn Maldonado, Notary Public
My commission expires May 18, 2017
1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 7TH day of JULY , 2016 , A.D.
I
Bre t Beaty, Assistant ecretary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
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 (10) business days after being notified of such award by the City
of Lubbock, fiumish a valid insurance certificate to the City meeting all of the requirements defined in
this bid.
Contra or (Originate Signature)
CONTRACTOR'S BUSINESS NAME: ►
CONTRACTOR'S FIRM ADDRESS
(Print or Type)
11 L4 10 IT4
Con for (Print)
Je
L'z'-66tJ 1-� If q--zq
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 to another contractor. If you have any questions concerning these
requirements, please contact the Director of Purchasing & Contract Management Office for the
City of Lubbock at (806) 775-2572.
ITB 16-12926-MA - Lakewood Development Area Infrastructure Improvements Project
SAFETY RECORD QUESTIONNAIRE
c 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 detennining 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 frorn bodily harm or
death.
d. Any other safety related matter deemed by the City Council to be material in determining the
responsibility of the bidder and his or her ability to perform the services or goods required by the bid
documents in a safe environment, both for the workers and other employees of bidder and the citizens of
the City of Lubbock.
In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of
potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the
following three (3) questions and submit them with their bids:
QUESTION ONE
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for
such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three
(3) years?
YES NO
If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with
its bid submission, the following information with respect to each such citation:
Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and
penalty assessed.
Bidder's Initials
q�. 1
f
{
UESTION TWO
T
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for
such firm, corporation, partnership or institution, received citations for violations of environmental protection
laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of t
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�
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.
OUESTION THREE
Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for
such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal
offense which resulted from serious bodily injury or death?
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. e I
Signature
Title
City of Lubbock, TX
Purchasing and Contract Management
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:
FEDERAL TAX ID or SOCIAL SECURITY No.
Signature of Company Official:
f
Printed Name of Company Official Signing Above: I t'invvx
Date Signed: �'�'
FINAL LIST OF SUB -CONTRACTORS
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2.
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4.
5.
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7.
8.
9.
10.
11.
12.
13.
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15.
16.
ITB 16-12926-MA - Lakewood Development Area Infrastructure Improvements Project_
FINAL LIST OF SUB CONTRACTORS
Company Name Location Services Provided
�r r ` �— SLC� i ✓ , J cue
Company �
C4 1 a I r
Address
city,County
State Zip Code
Telephone: (0 - i � D - :D VJ
Fax: -
Minority Owned
Yes No
❑ V
❑
❑
V
El
❑
❑
❑
0
❑
❑
❑
❑
❑
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THIS FORM SHALL BE COMPLETED AND RETURNED WITHIN 7 DAYS OF BID
CLOSING. IF NO SUB —CONTRACTORS WILL BE USED PLEASE INDICATE SO.
PERFORMANCE BOND
PAGE INTENTIONALLY LEFT BLANK
PAYMENT BOND
PAGE INTENTIONALLY LEFT BLANK
BOND NO. 4407749
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 Turfmaster Irrigation and Landscaping, Inc. (hereinafter
called the Principal(s), as Principal(s), and
SURETEC INSURANCE COMPANY
(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 THIRTY-TWO THOUSAND TWO HUNDRED THREE
DOLLARS AND SEVENTY SIX CENTS ($332,203.76) 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 11"
day of August, 2016, to ITB 16-12926-MA - Lakewood Development Area Infrastructure Improvements
Project
and said principal under the law is required before commencing the work provided for in said contract to
i 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 faithfully perform the work in accordance with the plans, specifications and contract documents, then this
obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a)
of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the
provisions of said article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument
this 18Tt{iay of OCTOBER , 2016.
SURETEC INSURANCE COMPANY
. Surety
* By.
(Wit) MARLA HILL
ATTORNEY -IN -FACT
TURFMASTER IRRIGATION AND
LANDSCAPING, INC.
(Company Name)
The undersigned surety company represents that it is duly qualified to do business in Texas, and
hereby designates HOWARD COWAN 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.
SURETEC INSURANCE COMPANY
Surety
By: `�
(Title MARLA RILL
ATTORNEY —IN —FACT
Approved as to form:
City of Lubbock
By: "�4' /Z
CityVigneby
eyNote:d an officer of the Surety Company there must be on file a certified extract from the
by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, �-
we must have copy of power of attorney for our files.
�T
3
i
�I
BOND NO. 4407749
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 Turfmaster Irrigation and Landscaping, Inc.
(hereinafter called the Principal(s), as Principal(s), and
SURETEC INSURANCE COMPANY
(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 THIRTY-TWO THOUSAND TWO
HUNDRED THREE DOLLARS AND SEVENTY SIX CENTS ($332,203.76) 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
1 Vh day of August, 2016, to ITB 16-12926-MA - Lakewood Development Area Infrastructure
Improvements Project
and said Principal under the law is required before commencing the work provided for in said contract to
�- execute a bond in the amount of said contract which contract is hereby referred to and made a part
hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
Principal shall pay all claimants supplying labor and material to him or a subcontractor in the
prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to
remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section
2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in
accordance with the provisions of said Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this
instrument this Midiay of OCTOBER , 2016.
SURETEC INSURANCE COMPANY
Surety
* By. m c/
(Title) MARLA HILL
ATTORNEY -IN -FACT
TURFMASTER IRRIGATION AND
LANDSCAPING, INC.
(Company Name)
(Title)
..................
The undersigned surety company represents that it is duly qualified to do business in Texas, and
hereby designates HOWARD COWAN 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. (�
I1
SURETEC INSURANCE COMPANY
Surety 1
* By: �M'a ax,
(Title) MARLA HILL
ATTORNEY -IN -FACT
Approved as to form:
l
City of Lubbock
BY: a \
City A o y
* Note: If ed by an officer of the Surety Company there must be on file a certified extract from the
by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact,
we must have copy of power of attorney for our files.
l_
1^
�.1
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice/Filing of Claims
To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a
complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at:
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, Tx 78759
You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-
3439. You may write the Texas Department of Insurance at
PO Box 149104
Austin, TX 78714-9104
Fax#: 512-490-1007
Web: http://www.tdi.state.tx.us
Email: ConsumerProtection@tdi.texas.gov
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the
Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
Texas Rider 06042014
0
POA #: 4221762
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Howard Cowan, Marla Hill
its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment shall continue in force until 5/18/2017 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`h of April,
1999)
In Witness 9%ereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 21st day of March, A.D. 2013.
°VRgNC,w SURETEC INSURANCE COMPANY
By:
w = t y John 4dox Jr: resident
L g
State of Texas ss: r
County of Hams
*��roa „m#•`
On this 21st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly swom, did depose and say, that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
eDONADO
licxas1, 8/2017 Jacq elyn Maldonado, Notary Public
My commission expires May 18, 2017
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 18TH day of OCTOBER 2016 , A.D.
Z&zt--
M. Breift Beaty, Assistant ecretary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
CERTIFICATE OF INSURANCE
PAGE INTENTIONALLY LEFT BLANK
a
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 Dolicv noted hereon.
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
EFFECTIVE
LIMITS
DATE
DATE
GENERAL LIABILITY
D Commercial General Liability
General Aggregate S
0 Claims Made
Products-Comp/Op AGG S
n Occurrence
Personal & Adv. Injury S
❑ Owner's & Contractors Protective
Each Occurrence S
❑
Fire Damage (Any one Fire) S
Med Exp (Any one Person)
S
AUTOMOTIVE LIABILITY
D Any Auto
Combined Single Limit S
D All Owned Autos
Bodily Injury (Per Person) S
D Scheduled Autos
Bodily Injury (Per Accident) S
G Hired Autos
Property Damage S
D Non -Owned Autos
❑
GARAGE LIABILITY
D Any Auto
Auto Only - Each Accident S
D
Other than Auto Only:
Each Accident S
Aggregate S
rD BUILDER'SRISK
D 100% of the Total Contract Price
S
D INSTALLATION FLOATER
S
EXCESS LIABILITY
D Umbrella Form
Each Occurrence S
Aggregate S
E ii Other Than Umbrella Form
S
WORKERS COMPENSA TION AND
EMPLOYERS' LIABILITY
The Proprietor/ 0 Included
Statutory Limits
Partners/Executive D Excluded
Each Accident S
Offices are:
Disease Policy Limit S
Disease -Each Employee S
OTHER
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:
THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL
INSURED ON A PRIMARY AND NON-CONTRITORY BASIS AND PROVIDE A WAIVER OF SUBROGATION IN
FAVOR OF THE CITY OF LUBBOCK.
CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based
on proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity
prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after
the contractor knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide
coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at least 19-point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional
words or changes:
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A PROOF OF
COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE
OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE
INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL
INSURED ON A PRIMARY AND NON-CONTRIBUTORY BASIS AND 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.
THE ADDITIONAL INSURED ENDORESEMENT SHALL INCLUDE PRODUCTS OF COMPLETED
OPERATIONS AND HEAVY EQUIPMENT.
t _z
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:
(1) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during
the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they
are providing services.
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CONTRACT
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Contract 12926
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 13" day of October, 2016, by and between the City of
Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to
do so, hereinafter referred to as OWNER, and Turfmaster Irrigation and Landscaping, Inc. Of the City of
Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR.
VJITNESSETH: 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 16-12926-MA Lakewood Development Area Infrastructure Improvements Project
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. Turfmaster Irrigation and Landscaping, Inc.'s bid dated July 7th,
2016 is incorporated into and made a part of this agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNEr-+.grees to pay the CONTRACTOR in current funds for the performance of the contract in accordance
with the b` therefore, subject to additions and deductions, as provided in the contract documents and to make
payment on, _wit 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:
Turfmaster Irrigation and Landscaping, Inc.
By;
PRINTE E: -
TITLE: tYi ,
COMPLETE ADDRESS:
Company Turfmaster Irrigation and Landscaping, Inc.
Address - 11410 Trafalgar
City, State, Zip - Lubbock, Texas 79424
ATTEST
Corporate Secretary
1
CITY OF LUBBO EXAS (OWNER):
By:
DANIEL M. POPE, ayor
ATTEST:
Rebe a Garza, City Secretary
APPROVED AS ffO CONTENT:
ridget Faulkenberry, Director, P r
s & Recreation
APPROVED AS TO FORM:
N7--t-'.- /--1111 -
Just
"t, Assift ant City Attorney
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CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176
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CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176
FOR VENDOR DOING BUSINESS WITH LOCAL GOVERNMENTAL ENTITY
This questionnaire reflects changes made to law by H.B. 23, 80 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
Lubbock, TX 79401
Questionnaire is available at:
https:/hvww.ci.lubbock. tx.us/departmental-websitesldepartmentslpurchasinQlvendor-information
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DISCLOSURE OF INTERESTED PARTIES CHAPTER 46
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CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES
1 TAC §§46.1, 46.3, 46.5
The Texas Ethics Commission (the commission) proposes new §§46.1, 46.3, and 46.5, relating to the disclosure
of interested parties in certain contracts with a governmental entity or state agency.
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.
House Bill 1295 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 terns occurring in the section. House Bill
1295 provides that §2252.908 applies only to a contract entered into on or after January 1, 2016.
Form 1295 is available at:
https://www. c i.lubbock.tx.us/departmental-websites/departments/purchasing/vendor-information
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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 Turfmaster Irrigation and Landscapine, 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".
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
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.
The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials
or work described in words which so applied have well known, technical or trade meaning shall be held to refer
such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The tenn "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. f
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 H-
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 tirnely 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 perfonnance of the work
and lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the
Contractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and
location of the work, the confrnnation 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.
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 perfonnance 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 roan 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
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 inen 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
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public
observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be
approved by the Owner's Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at any
location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation
that may be contemplated by Owner or Owner's Representative and shall give arnple 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. j
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
confonnity 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
I 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, forin 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 snake
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 confinnation of such extra work order by the Owner. It is also agreed that the
compensation to be paid to the Contractor for performing said extra work shall be determined by the following
methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is
commenced, then the Contractor shall be paid the lesser of the following: (1) actual field
cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been
charged by a reasonable and prudent Contractor as a reasonable and necessary cost for
performance of the extra work.
In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph
shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for
the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred,
together with all expenses incurred directly on account of such extra work, including Social Security, Old Age
Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other
insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by
them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be
kept and records of these accounts shall be made available to the Owner's Representative. The Owner's
Representative may also specify in writing, before the work commences, the method of doing the work and the
type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the
Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined
by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted
by the Associated General Contractors of America. Where practical, the tenns and prices for the use of
machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the
actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general
superintendence and field office expense, and all other elements of cost and expense not embraced within the
actual field cost as herein defined, save that where the Contractor's Camp or Field Office inust 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 r
Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands -t
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 j
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.-
f
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 1nnited 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 coverages shall be submitted prior to contract execution.
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF
A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED
ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF
LUBBOCK AS AN ADDITIONAL INSURED ON A PRIMARY AND NON-CONTRITORY BASIS AND
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. THE ADDITIONAL INSURED ENDORESEMENT SHALL
INCLUDE PRODUCTS OF COMPLETED OPERATIONS AND HEAVY EQUIPMENT.
A. Commercial General Liability Insurance (Additional Insured (to include products and complete operation)
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:
Contractual Liability
Personal Injury & Advertising Injury
Products of Completed Operations Endorsement
Heavy Equipment Endorsement
With Heavy Equipment Endorsement
B. Owner's and Contractor's Protective Liability Insurance - NOT REQUIRED.
C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) per occurrence.
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $1,000,000 Combined Single Limit, to include all owned and
non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles.
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 $500,000
1. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of
authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-
82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time fiom 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.
2. The Contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements
of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
5. The Contractor shall obtain from each person providing services on the project, and provide to the
govermnental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
goverrunental 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.
6 The Contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the Contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the project.
8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by
the Texas Workers' Compensation Commission, informing all persons providing services on the
project that they are required to be covered, and stating how a person may verify coverage and
report lack of coverage.
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 whore it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(f) notify the governmental entity in writing by certified snail 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 entity that all employees of the Contractor 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.
IL The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the governmental entity to declare the contract void if the Contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor- and subcontractor shall submit to the Owner
for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence
of compliance with the above insurance requirements, signed by an authorized representative of the
insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by
such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne
by such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured
at the address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filling
of any coverage agreements;
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(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 goverrunental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(ii) no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(f) notify the governmental entity in writing by certified snail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site infonning 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 cormnon 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 WORICERS' COMPENSATION COVERAGE
"The lacy requires that each person working on this site or providing services related to
this construction project nhust 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 Conhmission at 800-372-7713 or 512-804-
4000 (www.tdi.state.tx.us) to receive information of the legal requirements for
coven•age, 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;
(ii) provide a certificate of coverage to the Contractor prior to that person beginning
work on the project;
(iii) include in all contracts to provide services on the project the following language:
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"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 perfonn 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, hannless
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
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.
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 perfornance of this contract, shall not relieve the Contractor from its full obligations to the Owner,
as provided by the contract documents.
34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract documents, of work to be done hereunder are
essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in
this contract shall be commenced as provided in the contract documents.
If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified,
then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner
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may withhold permanently from Contractor's total compensation, the sum of $100 PER DAY, not as a penalty,
but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the
Contractor shall be in default after the tune stipulated for substantially completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial
completion of the work described herein is reasonable time for the completion of the same, taking into
consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages
the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount
agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is
expressly agreed to be not disproportionate to actual damages as measured at time of breach.
IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT
TIME IS OF THE ESSENCE OF THIS CONTRACT.
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor
shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner
as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution
shall be such that the work shall be substantially completed as a whole and in part, in accordance with this
contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that
when the Owner is having other work done, either by contract or by its own force, the Owner's Representative
may direct the time and manner of constructing work done under this contract so that conflicts will be avoided
and the construction of the various works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which
the Contractor will start the several parts of the work and estimated dates of completion of the several parts.
36. 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 Owner's Representative that is caused by such stoppage
shall be paid by Owner to Contractor.
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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 hannless 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.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the cornpletion 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
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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.
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 one (1) year from the date of certification of final completion by Owner's
Representative.
46. PAYMENT WITHHELD
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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.
Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner
shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right
under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by
Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's
Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed
denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed
that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor,
and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and
Owner's Representative, by Contractor.
48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days 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 terns 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
17
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 tenns 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 terns of this contract, or
when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by their 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 rernain 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
The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually
performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be
liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the
project which is the subject matter of this contract.
50. BONDS
18
The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in
P 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
rr 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
1 business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so
furnished.
51. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions
conflict with any of the general conditions contained in this contract, then in such event the special conditions
shall control.
52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual
obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the
prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense.
53. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority
to direct, supervise, and control its own employees and to determine the method of the performance of the work
covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's
work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and
vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or
effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's
Representative or to the Contractor's own employees or to any other person, firm, or corporation.
54. CLEANING UP
The Contractor shall at all times keep the premises free from accurnulation of debris caused by the work, and at
the cornpletion 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 asbestosis 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.
19
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. i
57. THE CITY RIGHT TO AUDIT
At any time during the tern 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 payinents 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 2016
House Bill 2016 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 misclassifred. Governmental entities may want to include information on this new misclassification
penalty in their contracts with entities that are providing services covered by this new requirement (Texas
Government Code Section 2155.001).
20
DAVIS BACON WAGE DETERMINATIONS
m
PAGE INTENTIONALLY LEFT BLANK
a
EXHIBIT A
General Decision Number: TX160007 01/08/2016 TX7
Superseded General Decision Number: TX20150007
State: Texas
Construction Types: Heavy and Highway
Counties: Armstrong, Carson, Crosby, Ector, Irion, Lubbock,
Midland, Potter, Randall, Taylor and Tom Green Counties in Texas.
HEAVY & HIGHWAY CONSTRUCTION PROJECTS
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.15 for calendar year 2016 applies to all contracts
subject to the Davis -Bacon Act for which the solicitation was
issued on or after January 1, 2015. If this contract is covered
by the EO, the contractor must pay all workers in any
classification listed on this wage determination at least
$10.15 (or the applicable wage rate listed on this wage
determination, if it is higher) for all hours spent performing
on the contract in calendar year 2016. The EO minimum wage rate
will be adjusted annually. Additional information on contractor
requirements and worker protections under the EO is available
at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/08/2016
* SUTX2011-002 08/02/2011
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
POWER EQUIPMENT OPERATOR:
Asphalt Distributer ......... $ 14.87
Asphalt Paving Machine ...... $ 13.40
Broom and Sweeper ........... $ 11.21
Ow
r�
Crane, Lattice Boom 80
Tons or Less ................$
16.82
Crawler Tractor Operator....$
13.96
Excavator, 50,000 lbs or
less ........................$
13.46
Front End Loader Operator,
Over 3 CY...................$
12.77
Front End Loader, 3CY or
less ........................$
12.28
Loader/Backhoe..............$
14.18
Mechanic ....................$
20.14
Milling Machine .............$
15.54
Motor Grader, Rough ........
$ 16.15
Motor Grader, Fine ..........
$ 17.49
Pavement Marking Machine....$
16.42
Reclaimer/Pulverizer........
$ 12.85
Roller, Asphalt .............$
10.95
Roller, Other ...............$
10.36
Scraper .....................$
10.61
Spreader Box ................$
12.60
Servicer .........................$ 13.98
Steel Worker (Reinforcing) ....... $ 13.50
TRUCK DRIVER
Lowboy -Float ................$ 14.46
Single Axle .................$ 12.74
Single or Tandem Axle Dump..$ 11.33
Tandem Axle Tractor with
Semi ........................$ 12.49
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
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)). r
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
r
Ii
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
j 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, 1000 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 internal 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 g
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 party'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
i_l
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.
PAGE INTENTIONALLY LEFT BLANK
SPECIFICATIONS
PAGE INTENTIONALLY LEFT BLANK
Jrr�
INFRASTRUCTURE IMPROVEMENTS
CITY OF LUBBOCK PARKS & RECREATION
PARK DEVELOPMENT
DEMO / GRADING / SITE`VORK / PLANTING / ELECTRICAL / IRRIGATION
TECHNICAL SPECIFICATIONS
SECTION 01010: SUMMARY OF WORK
1.1 RELATED DOCUMENTS
A. Drawings, General Conditions of the Contract for Construction, Supplementary
Conditions and Division I - General Requirements apply to the work of thisSection.
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: 98"' Street & Fulton Avenue, Lubbock, TX 79424
ii. Owner: City of Lubbock
iii. Landscape Architect: Owner's representative
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 each Project is asfollows:
1. 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
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
Summary of Work 14
I
�.T
in which the Work is indicated.
1.5 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.
END OF SECTION
Sununary of Work (5
SECTION 01025: 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.
Measurement & Payment 16 t t
\_
i
;105 ELECTRICAL
A. This work shall:be performed by the Owner.
1.6 CLEAN-UP
A. No measurement or separate payment will be made for site cleanup. Cost for cleanup shall
be included as apart of the cost of the various items of workinvolved.
END OF SECTION
Measurement & Payment 17
SECTION 01300: SUBMITTALS
r
1.1 SECTION INCLUDES
A. Procedures
B. Schedule of Values
C. Shop Drawings
D. Product Data
E. Manufacturer's Certificates
F. Samples
1.2 PROCEDURES
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.
1.4 SHOP DRAWINGS
Submittals (8
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 inforination unique to the work.
Include manufacturer's instructions when required by the Specificationsection.
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 thework.
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 19
SECTION 01400: QUALITY CONTROL
PART 1-GENERAL
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 theAgreernent
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 insequence.
C. Should manufacturers' instructions conflict with Contract Documents, request
clarification from Owners Representative beforeproceeding.
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
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 Owners Representative.
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.
C. Where field sample is specified in individual Sections to be removed, clear area after field
sample has been accepted by Owners Representative.
;, Ij171I11�►�
Not Used
PART 3 - EXECUTION
Not Used
END OF SECTION
Quality Control 111
SECTION 01410: 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 thisSection.
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 ANSI/ASTM E329 and ANSI/ASTMD3740R.
B. Laboratory: Authorized to operate in State ofTexas.
C. Laboratory Staff: Maintain a full time registered Engineer on staff to reviewservices.
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 Architectand
Contractor in performance ofservices.
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.
1.9 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
Testing Laboratory Services 113
2. Project title and number
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 ofContractor.
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 testsamples.
D. Notify Landscape Architect and laboratory 24 hours prior to expected time for
operations requiring inspection and testing services.
Testing Laboratory Services 114
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.
1.12 SCHEDULE OF INSPECTIONS AND TESTS
A. As indicated in individual Specification Sections
Not Used
Y ` 99JE 1DiflTI111 RI
Not Used
END OF SECTION
Testing Laboratoiy Services 115
SECTION 01500 TEMPORARY: FACILITIES AND CONTROLS
1.1 SUMMARY OF REQUIRMENTS
A. Furnish, install and maintain temporary items required for construction. Remove on
completion of Work.
B. Comply with federal, state and local codes and regulations, and with utilitycompany
requirements.
1.2 SECTION INCLUDES
A. Storage Units
B. Fencing
C. Sanitary Facilities
D. Storage and Stockpile of Excavated Dirt
E. De -Watering
F. Barricades
G. Traffic Control
H. Removal of Temporary Facilities
I. Parking facilities
13 STORAGE UNITS
A. The Contractor may provide on the premises, suitable watertight storage units for
storage of materials. Storage will be maintained in good condition. Coordinate location
w/Owner.
1.4 FENCING
A. The Contractor may provide temporary fencing. Fencing will be maintained in good
condition. Coordinate location w/Owner.
1.5 SANITARYFACILITIES
Temporaryy Facilities & Controls 116
A. The Contractor may provide toilet facilities for the use of all persons employed on the job.
He shall post notices, take such precautions as may be necessary, remove any refuse
deposited in or about the building, and maintain the premises in a sanitary condition.
1.6 STORAGE AND STOCKPILE OF EXCAVATED DIRT
A. All dirt excavated during the construction process shall be removed to an approved
location. Temporary stockpile locations, if required, will be approved by the Landscape
Architect.
1.7 DE -WATERING
A. Surface or subsurface water or other fluid shall not be permitted to accumulate in
excavations. Should such conditions develop, water and other fluids shall be controlled and
disposed of by means of temporary pumps, piping, drain lines, ditches, dams, or other
approved methods.
1.8 BARRICADES
A. Barricades and Protective Measures. 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 be necessary.
B. 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.
1.9 TRAFFIC CONTROL
A. The Contractor shall be responsible for all traffic control and safety during construction.
The Contractor shall meet all City requirements for public safety, barriers, and traffic
control. The Contractor shall coordinate traffic control with the City of Lubbock.
1.10 REMOVAL OF TEMPORARY FACILITIES
A. When any temporary facility is no longer needed for the proper conduct of the work, the
Contractor shall completely remove it from the project and shall repair or replace any
material, equipment, or finished surface damaged by doingso.
1.11 PARKING FACILITIES
A. Restrict parking of construction personnel vehicles to areas designated on Drawings or as
directed by Owner.
END OF SECTION
Temporary Facilities & Controls 117
Temporary Facilities & Controls 118 1-]
SECTION 01560: ENVIRONMENTAL PROTECTION
1.1 SECTION INCLUDES
A. Definitions
B. Environmental Protection Requirements
C. Protection of Natural Resources
D. Erosion and Sediment Control Measures
E. Control and Disposal of Solid and Sanitary Wastes
F. Dust Control
G. Stonn water Pollution Prevention Plan (SWPPP)
1.2 REFERENCES
A. The publications listed below form a part of this specification to the extent referenced.
The publications are referred to in the text by the basic designation only.
1. CODE OF FEDERAL REGULATIONS (CFR)
2. 29 CFR 1910-SUBPART G: Occuoational Health and Environmental Control
3. CORPS OF ENGINEERS (COE)
4. COE EP-1165-2-304 1976: Flood Plain Regulations for Flood Plain
Manaeement
1.3 DEFINITIONS
A. Sediment is defined as soil and other debris that has eroded and transported by runoff
water or wind.
B. Solid Waste is defined as rubbish, debris, garbage, and other discarded solid materials
resulting from industrial, commercial, and agricultural operations and from community
activities.
C. Rubbish is defined as combustible and noncombustible wastes such as paper, boxes,
Environmental Protection 119
glass, crockery, metal, lumber, cans, and bones.
D. Debris is defined as combustible and noncombustible wastes such as ashes and waste
materials resulting from construction or maintenance and repair work, leaves, and tree
trimmings.
E. Chemical Waste is defined as salts, acids, alkalis, herbicides, pesticides, organic
chemicals, and spent products which serve nopurpose.
t
Environmental Protection 120
i
F. Sanitary Waste defined as sewage, domestic sanitary sewage, garbage, and any refuse and
scraps resulting from preparation, cooking, dispensing, and consumption offood.
G. Oily Waste is defined as any petroleum products and bituminous materials.
1.4 ENVIRONMENTAL PROTECTION REQUIREMENTS
A. Provide and maintain, during the life of the contract, environmental protection as defined.
Plan for and provide environmental protective measures to control pollution that develops
during normal construction practice. Plan for and provide environmental protective
measures required to correct conditions that develop during the construction of permanent
or temporary environmental features associated with the project. Comply with Federal,
state, and local regulations pertaining to the environment, including but not limited to
water, air, and noisepollution.
1. Preconstruction Survey: perform a preconstruction survey of the project site with the
Owners Representative, and pollution prevention measures necessary to assess existing
environmental conditions in, and adjacent to thesite.
Not Used
PART 3 - EXECUTION
3.1 PROTECTION OF NATURAL RESOURCES
A. Natural Resources: preserve within the project boundaries and outside the limits of
t permanent work. Restore to an equivalent or improved condition upon completion of
work. Confine construction activities to within the limits of the work indicated or
specified.
B. Land Resources (except in areas to be cleared): do not remove, cut, deface, injure, or
destroy trees or shrubs without the Landscape Architect's permission. Do not fasten or
attach ropes, cables, or guys to existing nearby trees for anchorages unless authorized by
the Owners Representative. Where such use of attach ropes, cables, or guys is authorized,
the Contractor shall be responsiblefor any resultant damage.
C. Water Resources: prevent oily or other hazardous substances from entering the ground,
drainage areas, or local bodies of water. Surround all temporary fuel oil or petroleum
storage tanks with a temporary earth berm of sufficient size and strength to contain the
contents of the tanks in the event of leakage orspillage.
D. Protection: protect existing trees which are to remain and which may be injured, bruised,
defaced, or otherwise damaged by construction operations. Remove displaced rocks from
uncleared areas. By approved excavation, remove trees with 30 percent or more of their
Environmental Protection 121
root systems destroyed.
E. Replacement: Remove trees and other landscape features scarred or damaged by
equipment operations, and replace with equivalent, undamaged trees and landscape
features. Obtain Landscape Architect's approval before replacement.
F. Temporary Construction: Remove traces of temporary construction facilities such as haul
roads, work areas, structures, foundations of temporary structures, stockpiles of excess or
waste materials, and other signs of construction. Grade temporary roads, parking areas,
and similar temporarily used areas to conform with surrounding contours.
3.2 EROSION AND SEDIMENT CONTROL MEASURES
A. Burnoff. bumoff of the groundcover is notpennitted
B. Borrow Areas: manage and control borrow areas to prevent sediment from entering
nearby streams or lakes. Restore areas, including those outside the borrow areas,
disturbed by borrow and haul operations. Restoration includes grading, replacement of
topsoil, and establishment of a permanent vegetative cover.
C. Protection of Erodible Soils: immediately finish the earthwork brought to a final grade, as
indicated or specified. Immediately protect the side slopes and back slopes upon
completion of rough grading. Plan and conduct earthwork to minimize the duration of
exposure of unprotected soils.
D. Temporary Protection of Erodible Soils: Mechanically retard and control the rate of
runoff from the construction site. This includes construction of diversion ditches,
benches, and bernls to retard and divert runoff to protected drainage courses.
3.3 CONTROL AND DISPOSAL OF SOLID AND SANITARY WASTES
A. Solid Waste Pickup: solid waste to be placed in containers which are regularly emptied.
Do not prepare, cook, or dispose of food on the project site. Prevent contamination of
the site of other areas when handling and disposing of wastes. On completion, leave the
areas clean. Control and dispose ofwaste.
B. Disposal of Rubbish and Debris: dispose of rubbish and debris in accordance with the
requirements specified in area as directed by Owner.
C. Garbage Disposal: place garbage in approved containers and move to a pickup point or
disposal area where directed.
3.4 DUST CONTROL
A. Contractor will be fully responsible for dust control along all haul roads and inthe
project area. Keep dust down at all times, including during nonworking periods.
Sprinkle or treat, with dust suppressants, the soil at the site, haul roads, and other areas
disturbed by operations.
Environmental Protection 122
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 Tennination. Implement,
maintain, and inspect BMPs such as silt fence, sand bags, diversion swales, and other
measures and/or incidentals forcompliance.
END OF SECTION
Enviromuental Protection 123
SECTION 01600: 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 thisSection.
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 SubstitutionProcedures
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
A. Delivery
1. Deliver materials, products and equipment to the project site in undamaged
condition in manufacturer's original, unopened containers or packaging, with
identifying labels intact and legible.
Materials & Equipment 124
r 2. Promptly inspect shipments to assure that products comply withrequirements,
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.
B. 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 perinit 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.
C. 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
Materials & Equipment 125
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.
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 specifiedproduct.
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.
'W:* ff
Noted Above
Materials & Equipment 126
Ft
PART 3 - EXECUTION
Not Used
END OF SECTION
. ,
L Materials & Equipment 127
SECTION 01630: SUBSTITUTIONS AND PRODUCT OPTIONS
' : � I�tQ!'t�1►�t�1�7��1
1.1 SUMMARY OF REQUIREMENTS
A. Furnish and install products specified under the options and conditions for
substitutions stated in this section.
B. The General Conditions, the Supplementary General Conditions and the Special
Conditions apply to the work specified in this section.
C. Related Requirements
1. Section 01060 Regulatory Requirements
2. Section 01300 Submittals
3. Section 01720 Record Documents
1.2 SECTION INCLUDES
A. Product List
B. Contractor's Options
C. Substitutions
D. Contractor's Representation
E. Landscape Architect's Duties
1.3 PRODUCT LIST
A. Within 30 days after award of Contract, submit to Landscape Architect five (5) copies
of a complete list of materials and equipment proposed to be substitutedfor specified
product.
B. Prepare list by Specification Section Number and Title
C. For products specified only by reference standards, list for each suchProduct:
1. Name and address of manufacturer
Substitutions & Product Options 128
2. Trade naive
3. Model or catalog designation
4. Manufacturer's data, including performance and test data, and reference
standards
1.4 CONTRACTOR'S OPTIONS
Substitutions & Product Options 129
A. For products specified only by reference standard, select product meeting that
standard, by any manufacturer, and submit to Landscape Architect forapproval.
B. For products specified by naming several products or manufacturers, select any product
and manufacturer named which complies with Specifications, and submit to Landscape
Architect for approval. Note: The listing of a manufacturer as an acceptable manufacturer
is not necessarily an acceptance of their standard product unless it meets specified
requirements.
C. For products specified by naming one or more products or another manufacturer's
"approved equal", submit a request as for substitutions, for any product or
manufacturer which is not specifically named.
1.5 SUBSTITUTIONS
A. During Bidding Period, Landscape Architect will consider written requests from Bidders
and manufacturers for substitutions. Such requests inust be received at least 10 days prior
to Bid Date. Requests received after that time will not be considered. Approval of
proposed substitutions will be set forth in Addenda to the Specifications. Requests for
substitutions shall include data listedbelow.
B. Within a period of 30 days after award of Contract, Landscape Architect will consider
formal requests from the Contractor for substitutions of products in lieu of those
specified.
C. Beyond 30 days after award of Contract, requests will be considered only in case of
product unavailability or other conditions beyond the control of the Contractor.
D. Submit separate request for each substitution.
E. Support each request with complete data substantiating compliance of proposed
substitutions following the requirements stated in Contract Documents:
1. Product identification; including manufacturer's naine and address
2. Manufacturer's literature; identify:
i. Product description
ii. Reference standards
iii. Perfonnance and test data
iv. Samples, as required by specific Specification Sections
v. Name and address of similar projects on which product has been used, and date of
each installation.
!j
Substitutions & Product Options 130
=jr
3. The construction methods:
i. Detailed written description of proposed method
ii. Complete and comprehensive drawings illustrating methods orrevisions
Substitutions & Product Options 131
4. Itemized comparison of the proposed substitution with product or method
specified; list significant variations
5. Data relating to changes in construction schedule
6. List of changes required in other work or products
7. Accurate cost data comparing proposed substitution with product or method
specified, including amount of any net change to Contract Sum.
8. Designation of availability of maintenance services; sources ofreplacement
materials
F. Substitutions will not be considered for acceptance when:
1. They are indicated or implied on shop drawings or product data submittals
without a formal request from Contractor
2. They are requested directly by a subcontractor- orsupplier
3. Acceptance will require substantial revision of Contract Documents
4. They are submitted at times other than specified above
G. Substitute products shall not be ordered or installed without written approval of
Landscape Architect.
H. Landscape Architect will determine acceptability of all proposed substitutions.
I. Should accepted substitution prove defective or unsatisfactory during warranty
period, the Contractor shall bear costs of replacing defective or unsatisfactory
material with item originally specified, or:
1. Replace with other approved substitution
2. Extend warranty period for one (1) year on replaced materials
3. Bear costs of replacing defective or unsatisfactory materials 0 1630-3
1.6 CONTRACTOR'S REPRESENTATION
A. In making fonnal request for substitution, Contractor represents that:
1. He has investigated proposed product or method and has detennined that it is
equal to or superior in all respects to that specified and that the product is
compatible with interfacing systerns, products andmethods
Substitutions & Product Options 132
t3
2. He will provide same warranties or guarantees for substitution as for product
specified
3. He will coordinate installation of accepted substitution into the Work and will
make such changes as may be required for the Work to be complete in all respects
4. He waives claims for additional costs caused by substitution which may subsequently
become apparent and agrees to bear the costs of any addition to the work required by
the substitution
5. Cost data are complete, including related costs under the Contract
1.7 LANDSCAPE ARCHITECT'S DUTIES
A. Review Contractor's requests for substitutions with reasonable promptness.
B. Notify Contractor, in writing, of decision to accept or reject requestedsubstitution.
C. Landscape Architect's decision on acceptance or rejection of substitutions will be final.
END OF SECTION
Substitutions & Product Options 133
SECTION 01700: CONTRACT CLOSEOUT
1.1 RELATED DOCUMENTS
A. Drawings, General Conditions of the Contract for Construction, Supplementary
Conditions and Division 1 - General Requirements apply to work of thisSection.
1.2 SECTION INCLUDES
A. Closeout Procedures
B. Final Cleaning
C. Adjusting
D. Project Record Documents
E. Operation and Maintenance Data
R Warranties
G. Spare Parts and Maintenance Materials
1.3 RELATED SECTIONS
A. Section 01500 Temporary Facilities and Controls: Progress Cleaning
1.4 CLOSEOUT PROCEDURES
A. Submit written certification that Contract Documents have been reviewed, Work has been
inspected, and that Work is complete in accordance with Contract Documents and ready
for Owners Representative's inspection.
B. Provide submittals to Landscape Architect that are required by governing or other
authorities.
C. Submit final Application for Payment identifying total adjusted Contract Sum,
previous payments, and suin remaining due.
1.5 FINAL CLEANING
A. Execute final cleaning prior to final inspection.
Contract Closeout 134
B. Clean interior and exterior glass and surfaces exposed to view; remove temporary labels,
stains and foreign substances, polish transparent and glossy surfaces, vacuum carpeted
and soft surfaces.
C. Clean equipment and fixtures to a sanitary condition.
D. Replace filters of operating equipment.
Contract Closeout 135
E. Clean debris from roofs, gutters, downspouts, and drainage systems.
F. Clean site; sweep paved areas and rake clean landscaped surfaces.
G. Remove waste and surplus materials, rubbish, and construction facilities from the site.
H. Repair, patch and touch-up marred surfaces to match adjacent finishes.
I. Clean ducts, blowers and coils if air conditioning units were operated during
construction.
1.6 ADJUSTING
A. Adjust operating Products and equipment to ensure smooth and unhindered
operation.
1.7 PROJECT RECORD DOCUMENTS
A. Maintain on site, one set of the following record documents; record actual revisions to
the Work:
1. Contract Drawings
2. Specifications
3. Addenda
4. Change Orders and other Modifications to the Contract
5. Reviewed shop drawings, product data, and samples
B. Store Record Documents separate from documents used forconstruction.
C. Record information concurrent with construction progress.
D. Specifications: legibly mark and record at each Product section description of actual
Products installed, including the following:
1. Manufacturer's name and product model and number
2. Product substitutions or alternates utilized
3. Changes made by Addenda and Modifications
E. Record Documents and Shop Drawings: legibly mark each item to record actual
construction including:
Contract Closeout 136
1. Measured depths of foundations in relation to finish first floordatum
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
Contract Closeout 137
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 final submittal.
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 pennanent 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 1
numbers of Subcontractors and suppliers. Additionally, identify the following:
i. Significant design criteria
ii. List of equipment
iii. Parts list for each component
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
Contract Closeout 138 !__
a
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 documents 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, provide updated
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.
Not Used
PART 3 - EXECUTION
Not Used
Contract Closeout 139
END OF SECTION
Contract Closeout 140
1�
M1
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 tirnepossible.
B. The work to be perfonned 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 andremoval.
1.2 RELATED DOCUMENTS
A. 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. Backfrll —Finishing
F. Erosion Control
Demolition & Notifications 141
G. Debris Ownership and Hauling Responsibilities
H. Equipment
I. Clean-up
PART 2 — PRODUCTS
2.1 DEFINITIONS
A. Asbestos Containing Materials (ACM)
B. Construction Site Best Management Practices (BMPs)
C. National Emissions Standards for Hazardous Air Pollutants (NESHAP).
D. Regulated Asbestos -Containing Material (RACM)
E. Rotating blade (RB)
F. Stor nwater Pollution Prevention Plan (SWPPP)
G. Texas Department of Transportation (TxDOT
3.1 SECURING THE SITE
A. The Contractor shall take all necessary steps to secure each site in a manner to prevent
access by the general public. This includes the use of fencing to secure the site until
backfrll has been completed.
3.2 UTILITY DISCONNECTS (IF APPLICABLE)
A. The Contractor shall be responsible for coordinating with private utility companies for
disconnection of services, including, but not limited to electricity, natural gas, telephone,
cable television and intemet.
3.3 DEMOLITION OF STRUCTURES
A. All demolition debris, including the building superstructure, coiicrete, stone; brick„asphalt,
or other flatwork and orplanters, must be removed from the site. Demolition debris shall
be disposed of at the City Of Lubbock Landfill. If a retaining wall must be removed, the
walls shall be completely removed and the embankment shall be cut back to a slope of
eight horizontal to one vertical.
Demolition & Notifications 142
B. As designated by the Owner, the Contractor shall employ good demolition
techniques, which includes:
1. Using demolition techniques that minimize ground disturbance. Trees shall not be
removed except in cases where obstruction is a safety factor.
2. Maintaining the practice of keeping personnel at a safe distance from demolition
activities.
3. Loading the materials with techniques to maintain a sufficient distance from
personnel to reduce excessive exposure to airborne material.
4. Taiping loads or otherwise preventing material from becoming airborne during
hauling.
5. Manual cleaning of the demolition site to remove all materials from thesite.
6. Contractor shall be responsible for providing protective gear and equipment to its
agents and employees and for ensuring its proper utilization.
3.4 BACKFILL — FINISHING
A. The Contractor shall obtain inspection and approval from the Owner prior to backfilling
any excavations, holes or depressions on the demolition site. Excavations or other
depressions in the demolition site shall be filled and compacted with sand or earthen fill as
approved by the Owner.
3.5 EROSION CONTROL
A. The Contractor shall apply Construction Site Best Management Practices (BMPs) and
or Stonnwater Pollution Prevention Plan (SWPPP) objectives to reduce the discharge
of contaminates into the storm water drainagesystem.
3.6 DEBRIS OWNERSHIP AND HAULING RESPONSIBILITIES
A. Once the Contractor- begins an activity on a site, all debris and items and or amenities on
the site is the property of the Contractor (with the exception of the above mentioned hazard
materials described (Part I - General, 1.02 Summary of Work, C) above, which must be
disposed of as indicated. The Contractor is solely responsible for all aspects related to the
debris, including, but not limited to, the hauling and disposal of the debris. Demolition
debris is to be transported to the City of Lubbock Landfill for disposal in accordance with
all Federal, State and Local rules and regulations.
3.7 EQUIPMENT
A. The Contractor shall be equipped with the normal tools of the trade and shall furnish all
labor, tools, equipment and other items necessary for and incidental to executing and
Demolition & Notifications 143
completing all required work.
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 fordemolitions.
C. This project has been determined to be less than 5580 sqft.
1. There is no special requirement for removal.
2. The contractors shall follow all local, state & federal regulations.
g -1
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 inust 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 cant' a supply
of absorbent to be used to pick up any oil spilled from loading or hauling vehicles.
3.8 CLEAN-UP
A. All pieces, parts, scraps, debris, rubbish, wood or organic materials frorn a structure or
part of a structure, inside of the fence enclosure, in the process of being demolished shall
be cleaned up and removed frorn 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 thehazard.
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.
Demolition & Notifications 144
I�
r
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 any
liability, fees, fines, claims, etc., which may arise from its handling of materials not
covered by the scope ofwork.
3. The Contractor is responsible for detennining 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 of debris.
C. Sewers, stacks, or other sanitary ducts extending to or through floors and slabs shall be
filled as specified (if applicable).
END OF SECTION
Demolition & Notifications 145
SECTION 02300: EARTHWORK
1.1 SUMMARY OF WORK
A. Work in this section includes furnishing all labor, materials, equipment, and services
required to construct, shape, and finish earthwork to the required lines, grades, and cross
sections as specified herein and on the plans.
1.2 SECTION INCLUDES
A. Soil Materials
B. Preparation
C. Stripping of Topsoil
D. Grading
2.1 SOIL MATERIALS
A. Subgrade: Subgrade material for concrete or asphalt construction shall consist of suitable
native soil or off -site soil, free from vegetation or other- objectionable matter. All unstable
or objectionable material shall be removed from the subgrade and replaced with approved
material. The material shall be suitable for forming a stable embankment and shall meet
the following requirements:
1. Liquid Limit: 45 maximum
2. Plasticity Index: 15 maximum
3. Linear Shrinkage: 2 min — 10 max
B. Subgrade material which does not meet the above requirements may be conditioned with
lime or caliche screenings. The conditioning shall produce a unifonn subgrade material
which meets all of these specified subgraderequirernents.
PART 3 — EXECUTION
3.1 PREPARATION
Earthowork 146
A. Protect structures, utilities, sidewalks, pavements and other facilities from damage
caused by settlement, lateral movement, undennining, washout and other hazards
created by earthwork operations.
B. Provide erosion control measures to prevent erosion or displacement of soilsto adjacent
properties, walkways or water bodies. Soils shall not be placed on a foundation which
contains frozen material, or which has been subjected to freeze -thaw action.
3.2 STRIPPING OF TOPSOIL
A. Topsoil will be separately excavated, stored and used for surface finish in preparation for
seeding, sodding or other planting, only where topsoil is definitely superior for grass and
plant growth as compared with the remainder of the excavated material. In general, this
shall be considered as the top 3 feet of excavated material. Surface soil that is heavy clay,
predominantly sandy or is lean in grass -and -plant growth qualities will not be saved.
3.3 GRADING
A. Uniformly grade areas to a smooth surface free from irregular surface changes.
Comply with compaction requirements and grade to cross -sections, lines and
elevations indicated.
1. Provide a smooth transition between adjacent existing grades and new grades.
2. Cut out soft spots, fill low spots and trim high spots to comply with required
surface tolerances.
B. Finish grade shall allow for top of sod at one half inch below the top of concrete.
Tolerance for lawn or unpaved area shall be plus or minus 1 inch.
C. Repair and reestablish grades to specified tolerances where completed or partially
completed surfaces become eroded, rutted, settled or where they lose compaction due to
subsequent construction operations or weather conditions.
END OF SECTION
Earthowork 147
SECTION 02600: CONCRETE
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 andstandards,
except where more stringent requirements are shown orspecified:
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 - Defonned and Plain Billet Steel Bars for Concrete Reinforcement.
Concrete 148
6. ASTM 03 -Concrete Aggregate
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
Concrete 149
10. ADA and TAS guidelines and recommendations
11. Environmental Protection Agency (EPA) Regulations
1 V : GJ# _tB Ky
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 0 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 allinfonnation
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 buck is on site and the concreteis
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
4. Fiber reinforcement
B. Related Materials
Concrete 150
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 approvedequal
3. Expansion Joint Sealant: Sonneborn SL-I, one part self leveling polyurethane
sealant, or approved equal, gray
.- Concrete 151
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.
PART 3 — EXECUTION
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 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
Concrete 152
J
IDuo-gard Concrete Fortin Release Agent, or approved equal.
3.3 REINFORCING
A. Maintain 2" clearance to all concrete surfaces.
Concrete 153
SECTION 02700 SITE: FURNISHINGS
PARTI- 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. Drinking Fountain
B. Bench
.: • 1031 if0K
2.1 DRINKING FOUNTAIN
A. Manufacturer and Model: Most Dependable Fountains, Model 440DBSS; or
`approved equal'
1. Fountain shall meets NSF-61 requirements having a UL approved label with a UL
tracking number
2. Welded one piece weld construction with MDF 304 schedule10 stainless steel
3. 10" bury in ground installation. Attached valve box with bolted Coverincluded.
4. Maintenance free reinforced nylobraid supply line with inletstrainer
5. Oven -baked powder coat finish, color: Chrome
6. One year warranty
2.2 BENCH
A. Benches by other Contractor.
PART 3 — EXECUTION
3.1 GENERAL
A. Assemble and install all site furnishings in accordance with manufacturer's written
Site Furnishings 158
instructions.
B. Contractor shall exercise care and diligence to ensure that finished surfaces are
adequately protected from scratches and other damage during installation.
C. Exposed portions of mounting bolts shall be sawn off 1/8" above top of nut. Alter
threads to prevent removal.
D. Thoroughly clean all finished surfaces upon completion of installation.
END OF SECTION
Site Furnishings 159
SECTION 02800: IRRIGATION SYSTEM
1.1 SUMMARY OF WORK
A. The work that the City of Lubbock desires to be perfonned 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. Pi
2. Install new wire, piping, valves, and irrigation heads as shown on theplan
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
D. 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
Planting Soil 160
1
F. Submittals
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
O. 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 thissection.
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
Planting Soil 161
1`
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 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.
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 theowner.
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.
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
Planting Soil 162 �`
a
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 perfonn excavation, grading, backfrll, cornpaction, and stock piling
of material as specified herein and on theplans.
10. Special Guidance Regarding ASBESTOS cement pipe
i. 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 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-TESSf344-83771.
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 fiorn 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 (10x) 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.
Planting Soil 163
B. Product Delivery, Storage, and Handling
1. Protect all materials from inclement weather: wet, damp, extreme heat, or cold,
theft, damage, orvandalism.
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.
2. Verify the completion of all work as described in the specifications and shown on
plans.
D. Clean-up
1. Demolition debris shall be removed from the site prior to commencement of
construction work
2. 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 ofacceptance.
Repairs made necessary due to faulty workmanship shall
be made promptly by the Contractor at the Contractor's
expense.
Planting Soil 164JI
2.1 IRRIGATION PRODUCTS
A. Perfonnance of Specified Material
1. 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 confonn to given perfonnance
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 a manufacturer.
4. The Contractor shall provide perfonnance records to verify equipment
capabilities.
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. '/a" 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 inust 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.
Planting Soil 165
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 volt, PVC
coated UL approved direct burial.
ii. All wire to be single stranded, one wire for each electric valve and a conunon
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.
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- %" 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, 461-462 Quantum Wide Range Cast Coupling
Planting Soil 168
"or approved equal").
a. Gasket: Nitrile (Buna-N), compounded to resist natural gas, water, oil,
acids, alkalis, most (aliphatic) hydrocarbon fluids and manychemicals.
b. Follower Flanges: Cast ductile iron per ASTMA-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 ''/z") 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 to materials, the Bidder desiring to make substitutions for specified
equipment shall submit the following:
L Product identification, including manufacturer's name, address, and product
literature
ii. Product description
iii. Product performance and test date
Planting Soil 169
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.
Planting Soil 170
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 ofBidder-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 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
Planting Soil 171
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
1. 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.
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.
i�
Planting Soil 172
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.
Planting Soil 173
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.
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
Planting Soil 174
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
Plairting Soil 175
4. Minimum cover over installed outlet piping: Fourteen (14") inches
5. Maximum centerline depth main line shall not exceed twenty-four (24") inchesat
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.
I. All trenches are to be inspected and approved by Owner beforecovering.
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 beemployed.
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 snake 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.
Planting Soil 176
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.
3. 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 waterline 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 Utilities Engineer.
3. Casing pipe shall be a minimum of two standard sizes larger than encased pipe.
4. Casing Pipe thickness shall be:
Ga tanneONE—lYTinimum
asin ,h�knes
< 16 inches
3/8 inch
> 16 inches
1/2 inch
5. Manufactured centralizers or spacers shall be required at minimum 5-
foot intervals or as recommended by the manufacturer.
a. Only purpose-built centralizers may be used.
6. Coal tar coating for casing pipe shall confonn to AWWAC203.
Planting Soil 177
3.8
�r
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.
1
C. Annular space between casing or uncased pipe and bored hole shall be
injection grouted.
INSTALLATION
A. General Infonnation
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 thennal movement of components in system
5. After piping is installed, but before outlets are installed and backfillcommences,
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
(3") inches and over. Pipe of smaller sizes may also require thrust blocks if so
directed by 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.
Planting Soil 78
f
i,�
3. 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 orfittings.
6. Take up and relay any pipe that has the grade or joint disturbed after laying.
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.
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 swing joints.
12. No cross tees or street ells are to be used at anytime.
13. On cut pipe, all burrs to be removed, tees and pipe to be cleaned, and primer and
solvent applied as to standard application process.
14. After pipe has been solvent weld, do not apply water pressure for a timeless than
that of the manufacture's recommendation, considering current weather
Planting Soil 179
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
weakening. Pipe connections made with excess solvent will not beaccepted.
17. Solvent welding will not be permitted if weather conditions prevent joints from
remaining free of dirt or moisture, while the joint is being made. Also, if the
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 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. I Tigation heads installed on swing joint assemblies shall be installed so that
the top of head is slightly above ground level to allow for settling.
i. Swing Joints:
a. Swing joints shall be used on all rotary gear driven irrigation heads and
shall be of the same diameter as the inlet opening and shall have a
twelve (12") lay length.
b. Pre -manufactured swing joints shall be used as manufactured by
Lasco, swing joint shall be schedule 80t, Lasco G132-412 no
exceptions.
Planting Soil 180
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.
3.10 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 (IS") loop in each valve box of a 14 ga. green and a
14 ga. yellow spare.
B. Tracer wire and warning tape shall be installed with all fresh water piping. Tracer
a 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).
D. Control wires to be taped together every ten (10) feet along trench.
Planting Soil 181
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.
I. Section valve wiring shall be red through entire system. White wire may not be used
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.
2. Prior to backlill, 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 to testing.
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.
a. 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, adjust, 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
Planting Soil 182
provided; one to the owner, one to the water purveyor, and one to remain
with the tester as required by local, state, and federal codes and ordinances
B. 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 takeplace.
3.13 INSPECTION/ACCEPTANCE
A. Final Inspection
6" 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 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
Y work.
viii. Adjust settings of controllers and automatic control valves.
Planting Soil 183
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
1. Follow manufacturer's written procedures. If no specific procedures are
prescribed by 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 arecomplete.
iii. Check that irrigation heads and devices are correcttype.
iv. Check that any damaged emitters, valves and devices havebeen replaced with
new materials.
v. Check that potable water supplies have correct type backflowpreventers.
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:
Planting Soil 184
1 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.
END OF SECTION
Planting Soil 185
SECTION 2900: PLANTING SOIL
1.1 SUMMARY
A. The scope of work includes all labor, materials, tools, supplies, equipment, facilities,
transportation and services necessary for, and incidental to perforining all operations in
connection with furnishing, delivery, and installation of Planting Soil and /or the
modification of existing site soil for use as Planting Soil, complete as shown on the
drawings and as specified herein.
B. The scope of work in this section includes, but is not limited to, the following:
1. Locate, purchase, deliver and install Imported Planting Soil and soil amendments.
2. Harvest and stockpile existing site soils suitable for Planting Soil.
i. Modify existing stockpiled site soil.
ii. Modify existing site soil in place for use as Planting Soil.
3. Install existing or modified existing soil for use as Planting Soil.
4. Locate, purchase, deliver and install subsurface Drain Lines.
5. Fine grade Planting Soil.
6. Install Compost into Planting Soil.
7. Clean up and disposal of all excess and surplus material.
1.2 CONTRACT DOCUMENTS
A. Shall consist of specifications, general conditions, and the drawings. The intent of these
documents is to include all labor, materials, and services necessary for the proper- execution
of the work. The documents are to be considered as one. Whatever- is called for by any parts
shall be as binding as if called for in all parts.
1.3 RELATED DOCUMENTS AND REFERENCES
A. Related Documents:
1. Drawings and general provisions of contract, including general and supplementary
conditions and Division I specifications, apply to work of this section.
2. Related Specification Section
i. Section - Planting
ii. Section - Irrigation
iii. Section — Lawn
iv. Section — Tree and Plant Protection
1.4 VERIFICATION
A. All scaled dimensions on the drawings are approximate. Before proceeding with any work,
the Contractor shall carefully check and verify all dimensions and quantities, and shall
irnrnediately inform the Landscape Architect of any discrepancies between the information
on the drawings and the actual conditions, refraining from doing any work in said areas until
Planting Soil 186
1- a ven approval to do sob the Landscape Architect.
b pP Y p
1.5 PERMITS AND REGULATIONS
A. The Contractor shall obtain and pay for all permits related to this section of the work unless
previously excluded under provision of the contract or general conditions. The Contractor
shall comply with all laws and ordinances bearing on the operation or conduct of the work
as drawn and specified. If the Contractor observes that a conflict exists between permit
requirements and the work outlined in the contract documents, the Contractor shall promptly
notify the Landscape Architect in writing including a description of any necessary changes
and changes to the contract price resulting from changes in the work.
B. Wherever references are made to standards or codes in accordance with which work is to be
performed or tested, the edition or revision of the standards and codes current on the
effective date of this contract shall apply, unless otherwise expressly set forth.
C. In case of conflict among any referenced standards or codes or among any referenced
standards and codes and the specifications, the more restrictive standard shall apply or
Landscape Architect shall determine which shall govern..
1.6 PROTECTION OF WORK, PROPERTY AND PERSON
A. The Contractor shall adequately protect the work, adjacent property, and the public, and
shall be responsible for any damages or injury due to the Contractor's actions.
1.7 CHANGES IN WORK
A. The Landscape Architect may order changes in the work, and the contract sum adjusted
accordingly. All such orders and adjustments plus claims by the Contractor for extra
compensation must be made and approved in writing before executing the work involved.
B. All changes in the work, notifications and contractor's request for information (RFI) shall
conform to the contract general condition requirements.
1.8 CORRECTION OF WORK
A. The Contractor shall re -execute any work that fails to conform to the requirements of the
contract and shall remedy defects due to faulty materials or workmanship upon written
notice from the Landscape Architect, at the soonest possible time that can be coordinated
with other- work and seasonal weather demands but not more than 180 (one hundred and
eighty) days after notification.
1.9 SUBMITTALS
A. See the contract General Conditions for policy and procedures related to submittals.
B. Submit all product submittals eight weeks prior to the start of the soil work.
C. Product data and certificates: For each type of manufactured product, submit data and
certificates that the product meets the specification requirements, signed by the product
manufacturer, and complying with the following:
1. Submit manufacturers or supplier's product data and literature certified analysis for
standard products and bulk materials, complying with testing requirements and
referenced standards and specific requested testing.
i. For each Compost product submit the following analysis by a recognized
Planting Soil 187
f-
laboratory:
1.) pH
2.) Salt concentration (electrical conductivity)
3.) Moisture content %, wet weight basis
4.) Particle size % passing a selected mesh size, dry weight basis
5.) Stability carbon dioxide evolution rate mg CO2-C per g OM per day
6.) Solvita maturity test
7.) Physical contaminants (inerts) %, dry weight basis
8.) US EPA Class A standard, 40CFR § 503.13, Tables 1 and 3 levels Chemical
Contaminants mg/kg (ppm)
D. Samples: Submit samples of each product and material, where required by Part 2 of the
specification, to the Landscape Architect for approval. Label samples to indicate product,
characteristics, and locations in the work. Samples will be reviewed for appearance only.
1. Submit samples a minimum of 8 weeks prior to the anticipated date of the start of soil
installation.
2. Samples of all Topsoil, Coarse Sand, Compost and Planting Soil shall be submitted at
the same time as the particle size and physical analysis of that material.
E. Soil testing for Imported and Existing Topsoil, existing site soil to be modified as Planting
Soil and Planting Soil Mixes.
1. Topsoil, existing site soil and Planting Soil Mix testing: Submit soil test analysis
report for each sample of Topsoil, existing site soil and Planting Soil from an
approved soil -testing laboratory and where indicated in Part 2 of the specification as
follows:
i. Submit Topsoil, Planting Soil, Compost, and Coarse Sand for testing at least 8
weeks before scheduled installation of Planting Soil Mixes. Submit Planting Soil Mix l J
test no more than 2 weeks after the approval of the Topsoil, Compost and Coarse Sand.
Do not submit to the testing laboratory, Planting Soil Mixes, for testing until all
Topsoil, Compost and Coarse Sand have been approved.
Li
ii. If tests fail to meet the specifications, obtain other sources of material, retest and
resubmit until accepted by the Landscape Architect.
iii. All soil testing will be at the expense of the Contractor.
2. Provide a particle size analysis (% dry weight) and USDA soil texture analysis. Soil
testing of Planting Soil Mixes shall also include USDA gradation (percentage) of
gravel, coarse sand, medium sand, and fine sand in addition to silt and clay.
1.10 OBSERVATION OF THE WORK
A. The Landscape Architect may observe the work at any time. They may remove samples of
materials for conformity to specifications. Rejected materials shall be umnediately removed
from the site and replaced at the Contractor's expense. The cost of testing materials not
meeting specifications shall be paid by the Contractor.
1. The Landscape Architect may utilize the Contractor's penetrometer and moisture
meter at any time to check soil cornpaction and moisture.
Planting Soil 188
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11
B. The Landscape Architect shall be informed of the progress of the work so the work may be
observed at the following key times in the construction process. The Landscape Architect
shall be afforded sufficient time to schedule visit to the site. Failure of the Landscape
Architect to make field observations shall not relieve the Contractor from meeting all the
requirements of this specification.
1. SOIL MOCKUP REVIEW: At the time of construction of all soil mockups.
2. EXISTING SOIL CONDITIONS REVIEW: Prior to the start of any soil modification
that will utilize or modify the existing soil.
3. EXCAVATION REVIEW: Observe each area of excavation prior to the installation
of any Planting Soil.
4. DRAIN LINE INSTALLATION REVIEW: Upon completion of the installation of
drain lines and prior to the installation of any Planting Soil
5. COMPLETION of SOIL MODIFICATIONS REVIEW: Upon completion of all soil
modification and installation of planting soil.
6. COMPLETION OF FINE GRADING AND SURFACE SOIL MODIFICATIONS
REVIEW: Upon completion of all surface soil inodifications and fine grading but
prior to the installation of shnibs, ground covers, or lawns.
1.11 PRE -CONSTRUCTION CONFERENCE
A. Schedule a pre -construction meeting with the Landscape Architect at least seven (7) days
before beginning work to review any questions the Contractor may have regarding the work,
administrative procedures during construction and project work schedule.
1.12 QUALITY ASSURANCE
A. Installer Qualifications: The installer shall be a finn having at least 5 years of experience of
a scope similar to that required for the work, including the preparation, mixing and
installation of soil mixes to support planting. The installer of the work in Section: Planting,
shall be the same firm installing the work in this section.
1. The bidders list for work under this section shall be approved by the Landscape
Architect.
2. Installer Field Supervision: When any Planting Soil work is in progress, installer shall
maintain, on site, an experienced full-time supervisor who can communicate in
English with the Landscape Architect.
3. Installer's field supervisor shall have a minimum of five years experience as a field
supervisor installing soil, shall be trained and proficient in the use of field surveying
equipment to establish grades and can communicate in English with the Landscape
Architect.
4. The installer's crew shall be experienced in the installation of Planting Soil,
plantings, and irrigation (where applicable) and interpretation of planting plans, soil
installation plans, and irrigation plans (where applicable).
5. Submit references of past projects and employee training certifications that support
that the Contractors meet all of the above installer qualifications and applicable
licensures.
B. Soil testing laboratory qualifications: an independent laboratory, with the experience and
i Planting Soil 189
1;
capability to conduct the testing indicated and that specializes in USDA agricultural soil
testing, Planting Soil Mixes, and the types of tests to be performed. Geotechnical
engineering testing labs shall not be used.
C. All delivered and installed Planting Soil shall conform to the approved submittals sample
color, texture and approved test analysis.
1. The Landscape Architect may request samples of the delivered or installed soil be
tested for analysis to confirm the Planting Soil conforms to the approved material.
2. All testing shall be performed by the same soil lab that performed the original
Planting Soil testing.
3. Testing results shall be within 10% plus or minus of the values measured in the
approved Planting Soil Mixes.
4. Any Planting Soil that fails to meet the above criteria, if requested by the Landscape
Architect, shall be removed and new soil installed.
D. Soil compaction testing: following installation or modification of soil, test soil compaction
with a penetrometer.
1. Maintain at the site at all times a soil cone penetrometer with pressure dial and a soil
moisture meter to check soil compaction and soil moisture.
2. Penetrometer shall be AgraTronix Soil Compaction Meter distributed by Ben
Meadows, www.benmeadows.com or approved equal.
3. Moisture meter shall be "general digital soil moisture meter" distributed by Ben
Meadows, www.benmeadows.com or approved equal.
4. Prior to testing the soil with the penetrometer check the soil moisture and
penetrometer readings in the mockup soils. Penetrometer readings are impacted by
soil moisture and excessively wet or dry soils will read significantly lower or higher
than soils at optimum moisture.
5. The penetrometer readings shall be within 20% plus or minus of the readings in the
approved mockup when at similar moisture levels.
1.13 SITE CONDITIONS
A. It is the responsibility of the Contractor to be aware of all surface and subsurface conditions,
and to notify the Landscape Architect, in writing, of any circumstances that would
negatively impact the health of plantings. Do not proceed with work until unsatisfactory
conditions have been corrected.
1. Should subsurface drainage or soil conditions be encountered which would be
detrimental to growth or survival of plant material, the Contractor shall notify the
Landscape Architect in writing, stating the conditions and submit a proposal covering
cost of corrections. If the Contractor fails to notify the Landscape Architect of such
conditions, they shall remain responsible for plant material under the warrantee
clause of the specifications.
2. This specification requires that all Planting Soil and Irrigation (if applicable) work be
completed and accepted prior to the installation of any plants.
1.14 SOIL COMPACTION— GENERAL REQUIREMENTS
A. Except where more stringent requirements are defined in this specification. The following
1
Planting Soil 190
parameters shall define the general description of the threshold points of soil compaction in
existing, modified or installed soil and subsoil.
B. The following are threshold levels of compaction as determined by each method.
1. Acceptable Compaction: Good rooting anticipated, but increasing settlement
expected as compaction is reduced and/or in soil with a high organic matter content.
i. Bulk Density Method — Varies by soil type see Chart on page 32 in Up By
Roots.
ii. Standard Proctor Method— 75-85%; soil below 75% is unstable and will settle
excessively.
iii. Penetration Resistance Method — about 75-250 psi, below 75 psi soil becomes
increasingly unstable and will settle excessively.
2. Root limiting Compaction: Root growth is limited with fewer, shorter and slower
growing roots.
i. Bulk Density Method — Varies by soil type see Chart on page 32 in Up By
Roots.
ii. Standard Proctor Method— above approximately 85%.
iii. Penetration Resistance Method — about 300 psi.
3. Excessive Compaction: Roots not likely to grow but can penetrate soil when soil is
above field capacity.
i. Bulk Density Method — Varies by soil type see Chart on page 32 in Up By
Roots.
ii. Standard Proctor Method — Above 90%.
iii. Penetration Resistance Method — Approximately above 400 psi
1.15 DELIVERY, STORAGE, AND HANDLING
A. Weather: Do not mix, deliver, place or grade soils when frozen or with moisture above field
capacity.
B. Protect soil and soil stockpiles, including the stockpiles at the soil blender's yard, from
wind, rain and washing that can erode soil or separate fines and coarse material, and
contamination by chemicals, dust and debris that may be detrimental to plants or soil
drainage. Cover stockpiles with plastic sheeting or fabric at the end of each workday.
C. All manufactured packaged products and material shall be delivered to the site in unopened
containers and stored in a dry enclosed space suitable for the material and meeting all
environmental regulations. Biological additives shall be protected from extreme cold and
heat. All products shall be freshly manufactured and dated for the year in which the
products are to be used.
D. Deliver all chemical amendments in original, unopened containers with original labels intact
and legible, which state the guaranteed chemical analysis. Store all chemicals in a weather
protected enclosure.
E. Bulk material: Coordinate delivery and storage with Landscape Architect and confine
materials to neat piles in areas acceptable to Landscape Architect.
Planting Soil 191
1.16 EXCAVATING AND GRADING AROUND UTILITIES
A. 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.
PART 2 — PRODUCTS
1.1 IMPORTED TOPSOIL
A. Imported Topsoil definition: Fertile, friable soil containing less than 5% total volume of the
combination of subsoil, refuse, roots larger than 1 inch diameter, heavy, sticky or stiff clay,
stones larger than 2 inches in diameter, noxious seeds, sticks, brush, litter, or any substances
deleterious to plant growth. The percent (%) of the above objects shall be controlled by
source selection not by screening the soil. Topsoil shall be suitable for the germination of
seeds and the support of vegetative growth. Imported Topsoil shall not contain weed seeds
in quantities that cause noticeable weed infestations in the final planting beds. hnported
Topsoil shall meet the following physical axid chemical criteria:
1. Soil texture: USDA loam, sandy clay loam or sandy loam with clay content between
15 and 25%. And a combined clay/silt content of no more than 55%.
2. pH value shall be between 5.5 and 7.0.
3. Percent organic matter (OM): 2.0-5.0%, by dry weight.
4. Soluble salt level: Less than 2 nunho/cm.
5. Soil chemistry suitable for growing the plants specified.
B. Imported Topsoil shall be a harvested soil from fields or development sites. The organic
T
content and particle size distribution shall be the result of natural soil formation.
Manufactured soils where Coarse Sand, Composted organic material or chemical additives
has been added to the soil to meet the requirements of this specification section shall not be
acceptable. Retained soil peds shall be the same color on the inside as is visible on the
outside.
C. Imported Topsoil for Planting Soil shall NOT have been screened and shall retain soil peds
or clods larger than 2 inches in diameter throughout the stockpile after harvesting.
Stockpiled Existing Topsoil at the site meeting the above criteria may be acceptable.
rlD.
E. Provide a two gallon sample from each Imported Topsoil source with required soil testing
results. The sample shall be a mixture of the random samples taken around the source
stockpile or field. The soil sample shall be delivered with soil peds intact that represent the
size and quantity of expected peds in the final delivered soil.
1.2 COMPOST
A. Compost: Blended and ground leaf, wood and other plant based material, composted for a
minimum of 9 months and at temperatures sufficient to break down all woody fibers, seeds
and leaf structures, free of toxic material at levels that are harmful to plants or humans.
Planting Soil 192
x.
tt
Source material shall be yard waste trimmings blended with other plant or manure based
d material designed to produce Compost high in fungal material.
t-- 1.3 EXISTING SOIL (ACCEPTABLE FOR PLANTING WITH MINIMUM MODIFICATIONS)
B. General definition of existing soil: Surface soil in the areas designated on the soils plan as
existing soil, that is not altered, compacted to root limiting density, graded or contaminated
before or during the construction process and considered acceptable for planting and long
tern health of the plants specified either as it exists or with only minor modification.
1. The Landscape Architect shall verify that the soil in the designated areas is suitable at
the beginning of planting bed preparation work in that area. In the event that the work
of this project construction has damaged the existing soil in areas designated for use
as Planting Soil to the point where the soil is no longer suitable to support the plants
specified, the Landscape Architect may require modification of the damaged soil up
to and including removal and replacement with soil of equal quality to the soil that
existed prior to construction. Examples of damage include further compaction,
contamination, grading, creation of hard pan or drainage problems, and loss of the O,
and or A horizon.
i. Do not begin work on additional modifications until changes to the contract
price are approved by Landscape Architect.
C. Protect existing soil from compaction, contamination, and degradation during the
construction process.
D. Unless otherwise instructed, remove all existing plants, root thatch, and non -soil debris from
the surface of the soil using equipment that does not increase compaction of soil to root
limiting levels.
E. Modifications:
i. When results of soil tests recommend chemical adjustments, till surface soil to
six inches or greater after chemical adjustments have been are applied.
ii. Remove existing turf thatch, ground cover plants and weeds.
iii. Provide pre -emergent weed control if indicated.
iv. Make chemical adjustment as recommended by the soil test.
F. General definition: Surface soil in the areas designated on the soils plan as Modified
Existing Soil has been altered and or graded before or during the construction process but is
still considered acceptable for planting and long tenn health of the plants specified with the
proposed modifications. Modifications respond to the soil problems expected or
encountered. The Landscape Architect shall verify that the soil in the designated areas is
suitable for modification at the beginning of planting bed preparation work in that area.
The Landscape Architect shall verify that the soil in the designated areas is suitable
for the specified modification at the beginning of planting bed preparation work in
that area. In the event that the work of this project construction has damaged the
existing soil in areas designated for modification to the point where the soil is no
longer suitable to support the plants specified with the specified modification, the
Landscape Architect may require further modification of the damaged soil up to an
including removal and replacement with soil of equal quality to the soil that would
have resulted from the modification. Damage may include further compaction,
contamination, grading, creation of hard pan or drainage problem, and loss of the O,
Planting Soil 193
and or A horizon.
2. General requirements for all soil modifications:
i. Take soil samples, test for chemical properties, and make appropriate
adjustments.
ii. Unless otherwise instructed, remove all existing plants, root thatch, and non -soil
debris from the surface of the soil using equipment that does not add to the compaction
in the soil.
iii. All soil grading, tilling and loosening must be completed at times when the soil
moisture is below field capacity. Allow soil to drain for at least two days after any rain
event more than 1 inch in 24 hours, or long enough so that the soil does not snake the
hand muddy when squeezed.
iv. Provide pre -emergent weed control after the soil work is complete and plants
planted but prior to adding mulch to the surface, if indicated by weed type and degree
of threat.
3. Modified existing soil — soil removed, stockpiled, and spread
4. Description of condition to be inodified: Existing soil that is suitable for reuse as
Planting Soil but is in the wrong place of elevation, or cannot be adequately protected
during construction. Soil is to be harvested, stockpiled and re -spread with or without
further modifications as indicated.
5. Modifications:
i. Excavate existing soil from the areas and to depths designated on the drawings.
Stockpile in zones noted on the drawings or in areas proposed by the Contractor.
ii. Prepare a soil stock pile plan for approval.
iii. Excavate soil using equipment and methods to preserve the clumps and peds in
the soil. Generally this means using the largest piece of equipment that is practical for
the project size and scope.
iv. Protect stock piles from erosion by compacting or tracking the soil surface,
covering with breathable fabric or planting with annual grasses as appropriate for the
season, location, and length of expected time of storage.
v. Re -spread soil as required in Part 3 of this specification.
G. Modified existing soil — compacted surface soil (Tilling Option)
1. Description of condition to be modified: Surface soil compaction to a maximum of 6
inches deep from traffic or light grading. Original A horizon may be previously
removed or graded but lower profile intact with acceptable compaction levels and
limited grading. The soil organic matter, pH and chemistry in the A horizon may not
be suitable for the proposed plants and may need to be modified as required.
2. Modifications:
i. Till top 6 inches or deeper of the soil surface, with a roto tiller, spade tiller,
ripper or agricultural plow. Spread 2 - 3 inches of Compost on the surface of the tilled
soil and make any chemical adjustment as recommended by the soil test.
ii. Till or disk the Compost into the loosened soil. Smooth out grades with a drag
rake or drag slip.
Planting Soil 194 1.-1
f_,
r
( H. Modified existing soil — compacted subsoil
1. Description of condition to be modified: Deep soil compaction the result of previous
grading, filling and dynamic or static compaction forces. Original A horizon likely
removed or buried. The soil organic matter, pH and chemistry in the A horizon is
likely not suitable for the proposed plants and should be modified as required.
2. Soil Ripping:
i. Step one: After grading and removing all plants and debris from the surface,
using a tracked dozer or similar large grading equipment, loosen the soil by dragging a
ripping shank or chisel thru the soil to depths of 24 inches with ripping shanks spaced
18 inches or less apart in two directions. The number of shanks per pull is dependent on
the degree of soil compaction and the size of the dozer.
ii. Step 2: Spread 3-4 inches of Compost over the ripped area and till into the top 6
inches of the soil surface.
3. Following soil ripping or fracturing the average penetration resistance should be less
,than 250 psi to the depth of the ripping or fracturing.
4. Do not start planting into ripped or fractured soil until soil has been settled or leave
grades sufficiently high to anticipate settlement of 10 — 15% of ripped soil depth.
1. Modified existing soil — low organic matter
1. Description of condition to be modified: Low soil organic matter and/or missing A
horizon but soil is not compacted except for some minor surface compaction. The soil
organic matter, pH and/or chemistry are likely not suitable for the proposed plants
and should be modified as required.
2. Modifications:
i. Spread 3 - 4 inches of Compost over the surface of the soil and make chemical
adjustment as recommended by the soil test.
ii. Till Compost into the top 6 inches of the soil.
1.4 PLANTING SOIL MIXES
A. General definition: Mixes of Existing Soil or Imported Topsoil, Coarse Sand, and or
Compost to make a new soil that meets the project goals for the indicated planting area.
These may be mixed off site or onsite, and will vary in Mix components and proportions as
indicated.
B. Planting Mix - moderately slow draining soil for trees and shrub beds
1. A Mix of Imported Topsoil, Coarse Sand and Compost. The approximate Mix ratio
shall be:
Mix component % by moist volume
Imported Topsoil unscreened 45-50%
Coarse sand 40-45%
Compost 10%
2. Final tested organic matter between 2.75 and 4% (by dry weight).
3. Mix the Coarse Sand and Compost together first and then add to the Topsoil. Mix
with a loader bucket to loosely incorporate the Topsoil into the Coarse Sand/Compost
Mix. DO NOT OVER MIX! Do not mix with a soil blending machine. Do not screen
Planting Soil 195
1
the soil. Clumps of Soil, Compost and Coarse Sand will be permitted in the overall
Mix.
4. At the time of final grading, add fertilizer if required to the Planting Soil at rates
recommended by the testing results for the plants to be grown.
5. Provide a two gallon sample with testing data that includes recommendations for
chemical additives for the types of plants to be grown. Samples and testing data shall
be submitted at the same time.
PART 3 — EXECUTION
1.1 SITE EXAMINATION
A. Prior to installation of Planting Soil, examine site to confirm that existing conditions are
satisfactory for the work of this section to proceed.
1. Confinn that the subgrade is at the proper elevation and compacted as required.
Subgrade elevations shall slope toward the under drain lines as shown on the
drawings.
2. Confirm that surface all areas to be filled with Planting Soil are free of construction
debris, refuse, compressible or biodegradable materials, stones greater than 2 inches
diameter, soil crusting films of silt or clay that reduces or stops drainage from the
Planting Soil into the subsoil; and/or- standing water. Remove unsuitable material
from the site.
3. Confirm that no adverse drainage conditions are present.
4. Confirm that no conditions are present which are detrimental to plant growth.
5. Confinn that utility work has been completed per the drawings.
6. Confirm that irrigation work, which is shown to be installed below prepared soil
levels, has been completed.
B. If unsatisfactory conditions are encountered, notify the Landscape Architect immediately to
determine corrective action before proceeding.
1.2 COORDINATION WITH PROJECT WORK
A. The Contractor shall coordinate with all other work that may impact the completion of the
work.
B. Prior to the start of work, prepare a detailed schedule of the work for coordination with
other trades.
C. Coordinate the relocation of any irrigation lines, heads or the conduits of other utility lines
that are in conflict with tree locations. Root balls shall not be altered to fit around lines.
Notify the Landscape Architect of any conflicts encountered.
1.3 GRADE AND ELEVATION CONTROL
A. Provide grade and elevation control during installation of Planting Soil. Utilize grade stakes,
surveying equipment, and other means and methods to assure that grades and contours
conform to the grades indicated on the plans.
1.4 SITE PREPARATION
Planting Soil 196
t
c B. Excavate to the proposed subgrade. Maintain all required angles of repose of the adjacent
materials as shown on the drawings or as required by this specification. Do not over
excavate compacted subgrades of adjacent pavement or structures. Maintain a supporting
1:1 side slope of compacted subgrade material along the edges of all paving and structures
where the bottom of the paving or structure is above the bottom elevation of the excavated
( panting area.
C. Remove all construction debris and material including any construction materials from the
subgrade.
D. Confirm that the subgrade is at the proper elevation and compacted as required. Subgrade
elevations shall slope approximately parallel to the finished grade and/or toward the
subsurface drain lines as shown on the drawings.
E. In areas where Planting Soil is to be spread, confirm subgrade has been scarified.
F. Protect adjacent walls, walks and utilities fioin damage or staining by the soil. Use 1/2 inch
plywood and or plastic sheeting as directed to cover existing concrete, metal and masonry
work and other items as directed during the progress of the work.
1. At the end of each working day, clean up any soil or dirt spilled on any paved
surface.
2. Any damage to the paving or site features or work shall be repaired at the
Contractor's expense.
1.5 SOIL MOISTURE
A. Volumetric soil moisture level, in both the Planting Soil and the root balls of all plants, prior
to, during and after planting shall be above pennanent wilt point and below field capacity
for each type of soil texture within the following ranges.
Soil texture
Permanent wilting point
Field capacity
Sand, Loamy sand, Sandy loam
5-8%
12-18%
Loam, Sandy clay, Sandy clay
loam
14-25%
27-36%
Clay loam, Silt loam
11-22%
31-36%
Silty clay, Silty clay loam
22-27%
38-41 %
B. The Contractor shall confirm the soil moisture levels with a moisture meter (Digital Soil
Moisture Meter, DSMM500 by General Specialty Tools and Instruments, or approved
equivalent). If moisture is found to be too low, the planting holes shall be filled with water
and allowed to drain before starting any planting operations. If the moisture is too high,
suspend planting operations until the soil moisture drains to below field capacity.
1.6 PLANTING SOIL AND PLANTING SOIL MIX INSTALLATION
A. Prior to installing any Planting Soil from stockpiles or Planting Soil Mixes blended off site,
the Landscape Architect shall approve the condition of the subgrade and the previously
installed subgrade preparation and the installation of subsurface drainage.
B. All equipment utilized to install or grade Planting Soils shall be wide track or balloon tire
machines rated with a ground pressure of 4 psi or less. All grading and soil delivery
equipment shall have buckets equipped with 6 inch long teeth to scarify any soil that
becomes compacted.
Planting Soil 197
l:a
C. In areas of soil installation above existing subsoil, scarify the subgrade material prior to
installing Planting Soil.
1. Scarify the subsoil of the subgrade to a depth of 3 — 6 inches with the teeth of the
back hoe or loader bucket, tiller or other suitable device.
2. Iimnediately install the Planting Soil. Protect the loosened area from traffic. DO NOT
allow the loosened subgrade to become compacted.
3. In the event that the loosened area becomes overly compacted, loosen the area again
prior to installing the Planting Soil.
D. Install the Planting Soil in 12 - 18 inch lifts to the required depths. Apply compacting forces
to each lift as required to attain the required compaction. Scarify the top of each lift prior to
adding more Planting Soil by dragging the teeth of a loader bucket or backhoe across the
soil surface to roughen the surface.
E. Phase work such that equipment to deliver or grade soil does not have to operate over
previously installed Planting Soil. Work in rows of lifts the width of the extension of the
bucket on the loader. Install all lifts in one row before proceeding to the next. Work out
from the furthest part of each bed from the soil delivery point to the edge of the each bed
area.
1.7 COMPACTION REQUIREMENTS FOR INSTALLED OR MODIFIED PLANTING SOIL
A. Compact installed Planting Soil to the compaction rates indicated and using the methods
approved for the soil mockup. Compact each soil lift as the soil is installed.
B. Existing soil that is modified by tilling, ripping or fracturing shall have a density to the
depth of the modification, after completion of the loosening, such that the penetrometer
reads approximately 75 to 250 psi at soil moisture approximately the mid -point between
wilting point and field capacity. This will be approximately between 75 and 82% of
maximum dry density standard proctor.
C. Installed Planting Soil Mix and re -spread existing soil shall have a soil density through the
required depth of the installed layers of soil, such that the penetrometer reads approximately
75 to 250 psi at soil moisture approximately the mid -point between wilt point and field
capacity. This will be approximately between 75 and 82% of maximum dry density standard
proctor.
D. Planting Soil compaction shall be tested at each lift using a penetrometer calibrated to the
mockup soil and its moisture level. The same penetrometer and moisture meter used for the
testing of the mockup shall be used to test installed soil throughout the work.
E. Maintain moisture conditions within the Planting Soil during installation or modification to
allow for satisfactory compaction. Suspend operations if the Planting Soil becomes wet.
Apply water if the soil is overly dry.
F. Provide adequate equipment to achieve consistent and uniform compaction of the Planting
Soils. Use the smallest equipment that can reasonably perform the task of spreading and
compaction. Use the same equipment and methods of compaction used to construct the
Planting Soil mockup.
G. Do not pass motorized equipment over previously installed and compacted soil except as
authorized below:
1. Light weight equipment such as trenching machines or motorized wheel barrows is
permitted to pass over finished soil work.
Planting Soil 198
µ' 2. If work after the installation and compacts compaction of soil acts the soil to levels
p p
greater than the above requirements, follow the requirements of the paragraph "Over
Compaction Reduction" below.
1.8 OVER COMPACTION REDUCTION
A. Any soil that becomes compacted to a density greater than the specified density and/or the
density in the approved mockup shall be dug up and reinstalled. This requirement includes
compaction caused by other sub -contractors after the Planting Soil is installed and approved.
B. Surface roto tilling shall not be considered adequate to reduce over compaction at levels 6
inches or greater below finished grade.
1.9 INSTALLATION OF CHEMICAL ADDITIVES
A. Following the installation of each soil and prior to fine grading and installation of the
Compost till layer, apply chemical additives as recommended by the soil test, and
appropriate to the soil and specific plants to be installed.
B. Types, application rates and methods of application shall be approved by the Landscape
Architect prior to any applications.
( 1.10 FINE GRADING
A.
The Landscape Architect shall approve all rough grading prior to the installation of
'
Compost, fine grading, planting, and mulching.
1-` B.
Grade the finish surface of all planted areas to meet the grades shown on the drawings,
allowing the finished grades to remain higher (10 — 15% of depth of soil modification) than
the grades on the grading plan, as defined in paragraph Planting Soil Installation, to
anticipate settlement over the first year.
C.
Utilize hand equipment, small garden tractors with rakes, or small garden tractors with
buckets with teeth for fine grading to keep surface rough without further compaction. Do
not use the flat bottom of a loader bucket to fine grade, as it will cause the finished grade to
become overly smooth and or slightly compressed.
D.
Provide for positive drainage from all areas toward the existing inlets, drainage structures
and or the edges of planting beds. Adjust grades as directed to reflect actual constructed
field conditions of paving, wall and inlet elevations. Notify the Landscape Architect in the
event that conditions snake it impossible to achieve positive drainage.
E.
Provide smooth, rounded transitions between slopes of different gradients and direction.
Modify the grade so that the finish grade before adding mulch and after settlement is one or
two inches below all paving surfaces or as directed by the drawings.
F.
Fill all dips and remove any bumps in the overall plane of the slope. The tolerance for dips
and bumps in shrub and ground cover planting areas shall be a 2 inch deviation from the
plane in 10 feet. The tolerance for dips and bumps in lawn areas shall be a 1 inch deviation
from the plane in 10 feet.
1.11 CLEAN-UP
A. During installation, keep the site free of trash, pavements reasonably clean and work area in
an orderly condition at the end of each day. Remove trash and debris in containers from the
site no less than once a week.
Planting Soil 199
1. Immediately clean up any spilled or tracked soil, fuel, oil, trash or debris deposited by
the Contractor from all surfaces within the project or on public right of ways and
neighboring property.
B. Once installation is complete, wash all soil from pavements and other structures. Ensure that
mulch is confined to planting beds and that all tags and flagging tape are removed from the
site. The Landscape Architect seals are to remain on the trees and removed at the end of the
warranty period.
1. Make all repairs to grades, ruts, and damage to the work or other work at the site.
2. Remove and dispose of all excess Planting Soil, subsoil, mulch, plants, packaging,
and other material brought to the site by the Contractor.
1.12 PLANTING SOIL AND MODIFIED EXISTING SOIL PROTECTION
A. Damage done by the Contractor, or any of their sub -contractors to existing or installed
plants, or any other parts of the work or existing features to remain, including large existing
trees, soil, paving, utilities, lighting, irrigation, other finished work and surfaces including
those on adjacent property, shall be cleaned, repaired or replaced by the Contractor at no
expense to the Owner. The Landscape Architect shall determine when such cleaning,
replacement or repair is satisfactory. Damage to existing trees shall be assessed by a
certified arborist.
1.13 SUBSTANTIAL COMPLETION ACCEPTANCE
A. Upon written notice from the Contractor, the Owners Representative shall review the work
and make a determination if the work is substantially complete.
B. The date of substantial completion of the planting soil shall be the date when the Landscape
Architect accepts that all work in Planting, Planting Soil, and Irrigation installation sections
is complete.
1.14 FINAL ACCEPTANCE / SOIL SETTLEMENT
A. At the end of the plant warrantee and maintenance period, (see Specification section -
Planting) the Landscape Architect shall observe the soil installation work and establish that
all provisions of the contract are complete and the work is satisfactory.
1. Restore any soil settlement and or erosion areas to the grades shown on the drawings.
When restoring soil grades remove plants and mulch and add soil before restoring the
planting. Do not add soil over the root balls of plants or on top of mulch.
B. Failure to pass acceptance: If the work fails to pass final acceptance, any subsequent
observations must be rescheduled as per above. The cost to the Owner for additional
observations will be charged to the Contractor at the prevailing hourly rate of the Landscape
Architect.
END OF SECTION
Planting Soil 1100
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` SECTION 02920: TREE & SHRUB PLANTING
PART 1— GENERAL
" 1.1 SUMMARY
A. The scope of work includes all labor, materials, appliances, tools, equipment, facilities,
transportation and services necessary for, and incidental to performing all operations in
connection with furnishing, delivery, and installation of plants (also known as
"landscaping") complete as shown on the drawings and as specified herein.
B. The scope of work in this section includes, but is not limited to, the following:
1. Locate, purchase, deliver and install all specified plants.
2. Water all specified plants.
3. Mulch, fertilize, stake, and prune all specified plants.
4. Maintenance of all specified plants until the beginning of the warranty period.
5. Plant warranty.
6. Clean up and disposal of all excess and surplus material.
7. Maintenance of all specified plants during the warranty period.
1.2 CONTRACT DOCUMENTS
A. Shall consist of specifications and general conditions and the construction drawings. The
intent of these documents is to include all labor, materials, and services necessary for the
proper execution of the work. The documents are to be considered as one. Whatever is
called for by any parts shall be as binding as if called for in all parts.
1.3 CHANGES IN THE WORK
A. The Landscape Architect may order changes in the work, and the contract sum should be
adjusted accordingly. All such orders and adjustments plus claims by the Contractor for
extra compensation must be made and approved in writing before executing the work
involved.
B. All changes in the work, notifications and contractor's request for information (RFI) shall
conform to the contract general condition requirements.
1.4 CORRECTION OF WORK
A. The Contractor, at their own cost, shall re -execute any work that fails to conform to the
requirements of the contract and shall remedy defects due to faulty materials or
workmanship upon written notice from the Landscape Architect, at the soonest as possible
time that can be coordinated with other work and seasonal weather demands.
1.5 OBSERVATION OF THE WORK
A. The Landscape Architect may observe the work at any time. They may remove samples of
materials for conformity to specifications. Rejected materials shall be irrunediately removed
from the site and replaced at the Contractor's expense. The cost of testing materials not
' meeting specifications shall be paid by the Contractor.
B. The Landscape Architect shall be informed of the progress of the work so the work may be
observed at the following key times in the construction process. The Landscape Architect
shall be afforded sufficient time to schedule visit to the site. Failure of the Landscape
Planting Soil ( 101
Architect to snake field observations shall not relieve the Contractor from meeting all the
requirements of this specification.
C. SITE CONDITIONS PRIOR TO THE START OF PLANTING: review the soil and
drainage conditions.
D. COMPLETION OF THE PLANT LAYOUT STAKING: Review of the plant layout.
E. PLANT QUALITY: Review of plant quality at the time of delivery and prior to installation.
Review tree quality prior to unloading where possible, but in all cases prior to planting.
F. COMPLETION OF THE PLANTING: Review the completed planting.
1.6 PRE -CONSTRUCTION CONFERENCE
A. Schedule a pre -construction meeting with the Landscape Architect at least seven (7) days
before beginning work to review any questions the Contractor may have regarding the work,
administrative procedures during construction and project work schedule.
1.7 QUALITY ASSURANCE
B. Substantial Completion Acceptance - Acceptance of the work prior to the start of the
warranty period:
• Once the Contractor completes the installation of all items in this section, the
Landscape Architect will observe all work for Substantial Completion Acceptance
upon written request of the Contractor. The request shall be received at least ten
calendar days before the anticipated date of the observation.
• Substantial Completion Acceptance by the Landscape Architect shall be for general
conformance to specified size, character and quality and not relieve the Contractor of
responsibility for full conformance to the contract documents, including correct
species.
• Any plants that are deerned defective as defined under the provisions below shall not
be accepted.
C. The Landscape Architect will provide the Contractor with written acknowledgment of the
date of Substantial Completion Acceptance and the beginning of the warranty period and
plant maintenance period (if plant maintenance is included).
D. Contractor's Quality Assurance Responsibilities: The Contractor is solely responsible for
quality control of the work. F-
1.8 PLANT WARRANTY
A. Plant Warranty: _
• The Contractor agrees to replace defective work and defective plants. The Landscape
Architect shall make the final detennination if plants meet these specifications or that
plants are defective.
1.9 SELECTION AND OBSERVATION OF PLANTS
A. The Landscape Architect,shat be notified 3 weeks prior to free installation in order to tag
trees at nursery "for planting. Nursery must be within 120 miles of Lubbock. city Limits:
B. The Landscape Architect may choose to attach their seal to each plant, or a representative
sample. Viewing and/or sealing of plants by the Landscape Architect at the nursery does
not preclude the Landscape Architect's right to reject material while on site. The Contractor
is responsible for paying any up charge for the Landscape Architect to attach their seal to
Planting Soil 1 102
specific plants.
C. Where requested by the Landscape Architect, submit photographs of plants or
representative samples of plants. Photographs shall be legible and clearly depict the plant
specimen. Each submitted image shall contain a height reference, such as a measuring
stick. The approval of plants by the Landscape Architect via photograph does not preclude
the Landscape Architect's right to reject material while on site.
1.10 PLANT SUBSTITUTIONS FOR PLANTS NOT AVAILABLE
A. Submit all requests for substitutions of plant species, or size to the Landscape Architect, for
approval, prior to purchasing the proposed substitution. Request for substitution shall be
accompanied with a list of nurseries contacted in the search for the required plant and a
record of other attempts to locate the required material. Requests shall also include sources
of plants found that may be of a smaller or larger size, or a different shape or habit than
specified, or plants of the same genus and species but different cultivar origin, or which may
otherwise not meet the requirements of the specifications, but which may be available for
substitution.
1.11 SITE CONDITIONS
A. It is the responsibility of the Contractor to be aware of all surface and sub -surface
conditions, and to notify the Landscape Architect, in writing, of any circumstances that would
negatively impact the health of plantings. Do not proceed with work until unsatisfactory
conditions have been corrected.
• Should subsurface drainage or soil conditions be encountered which would be
detrimental to growth or survival of plant material, the Contractor shall notify the
Landscape Architect in writing, stating the conditions and submit a proposal covering
cost of corrections. If the Contractor fails to notify the Landscape Architect of such
conditions, he/she shall remain responsible for plant material under the warranty
clause of the specifications.
B. It is the responsibility of the Contractor to be familiar with the local growing conditions, and if
any specified plants will be in conflict with these conditions. Report any potential conflicts, in
writing, to the Landscape Architect.
C. This specification requires that all Planting Soil and Irrigation (if applicable) work be
completed and accepted prior to the installation of any plants.
• Planting operations shall not begin until such time that the irrigation system is
completely operational for the area(s) to be planted, and the irrigation system for that
area has been preliminarily observed and approved by the Landscape Architect.
D. Actual planting shall be performed during those periods when weather and soil conditions
are suitable in accordance with locally accepted horticultural practices.
• Do not install plants into saturated or frozen soils. Do not install plants during
inclement weather, such as rain or snow or during extremely hot, cold or windy
conditions.
1.12 PLANTING AROUND UTILITIES
A. 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
Planting Soil 1 103
relocation of utility lines.
PART Z — PRODUCTS
1.1 PLANTS: GENERAL
A. Standards and measurement: Provide plants of quantity, size, genus, species, and variety or
cultivars as shown and scheduled in contract documents.
B. All plants including the root ball dimensions or container size to trunk caliper ratio shall
conform to ANSI Z60.1 "American Standard for Nursery Stock" latest edition, unless
modified by provisions in this specification. When there is a conflict between this
specification and ANSI Z60.1, this specification section shall be considered correct.
• Plants larger than specified may be used if acceptable to the Landscape Architect.
Use of such plants shall not increase the contract price. If larger plants are accepted
the root ball size shall be in accordance with ANSI Z-60.1. Larger plants may not be
acceptable if the resulting root ball cannot be fit into the required planting space.
• If a range of size is given, no plant shall be less than the minimum size and not less
than 50 percent of the plants shall be as large as the maximum size specified. The
measurements specified are the minimum and maximum size acceptable and are the
measurements after pruning, where pruning is required.
C. Proper Identification: All trees shall be true to name as ordered or shown on planting plans
and shall be labeled individually or in groups by genus, species, variety and cultivar.
D. Plant Quality:
• General: Provide healthy stock, grown in a nursery and reasonably free of die -back,
disease, insects, eggs, bores, and larvae. At the time of planting all plants shall have
a root system, stem, and branch form that will not restrict normal growth, stability and
health for the expected life of the plant
• Plant quality above the soil line:
• Plants shall be healthy with the color, shape, size and distribution of trunk, stems,
branches, buds and leaves nonnal to the plant type specified. Tree quality above
the soil line shall comply with the project Crown Acceptance details (or Florida
Grades and Standards, tree grade Florida Fancy or Florida #1) and the following:
• Crown: The form and density of the crown shall be typical for a young
specimen of the species or cultivar pruned to a central and dominant leader.
• Crown specifications do not apply to plants that have been specifically
trained in the nursery as topiary, espalier, multi -stem, clump, or unique
selections such as contorted or weeping cultivars.
Leaves: The size, color, and appearance of leaves shall be typical for the time of
year and stage of growth of the species or cultivar. Trees shall not show signs of
prolonged moisture stress or over watering as indicated by wilted, shriveled, or
dead leaves.
• Branches: Shoot growth (length and diameter) throughout the crown should be
appropriate for the age and size of the species or cultivar. Trees shall not have
dead, diseased, broken, distorted, or otherwise injured branches.
• Main branches shall be distributed along the central leader not clustered
together. They shall form a balanced crown appropriate for the
cultivar/species.
• Branch diameter shall be no larger than two-thirds (one-half is preferred) the
Planting Soil 1 104 '
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diameter of the central leader measured 1 inch above the branch union.
• The attachment of the largest branches (scaffold branches) shall be free of
included bark.
• Trunk: The tree trunk shall be relatively straight, vertical, and free of wounds that
penetrate to the wood (properly made pruning cuts, closed or not, are acceptable
and are not considered wounds), sunburned areas, conks (fungal fruiting bodies),
wood cracks, sap leakage, signs of boring insects, galls, cankers, girdling ties, or
lesions (mechanical injury).
• Temporary branches, unless otherwise specified, can be present along the lower
trunk below the lowest main (scaffold) branch, particularly for trees less than 1
inch in caliper. These branches should be no greater than 3/8-inch diameter.
Clear trunk should be no more than 40% of the total height of the tree.
• Trees shall have one central leader. If the leader was headed, a new leader (with
a live terminal bud) at least one-half the diameter of the pruning cut shall be
present.
• All trees are assumed to have one central leader trees unless a different
form is specified in the plant list or drawings.
• All graft unions, where applicable, shall be completely closed without visible sign
of graft rejection. All grafts shall be visible above the soil line.
• Trunk caliper and taper shall be sufficient so that the lower five feet of the trunk
remains vertical without a stake. Auxiliary stake may be used to maintain a
straight leader in the upper half of the tree.
E. Submittals: Submit for approval the required plant quality certifications from the grower
where plants are to be purchased, for each plant type. The certification must state that each
plant meets all the above plant quality requirements.
• The grower's certification of plant quality does not prohibit the Landscape
Architect from observing any plant or rejecting the plant if it is found to not meet
the specification requirements.
1.2 ROOT BALL PACKAGE OPTIONS
A. Balled and Burlapped Plants
B. All Balled and Burlapped Plants shall be field grown, and the root ball packaged in a burlap
and twine and/or burlap and wire basket package.
C. Plants shall be harvested with the following modifications to standard nursery practices.
• Prior to digging any tree that fails to meet the requirement for maximum soil and roots
above the root collar, carefully removed the soil from the top of the root ball of each
plant, using hand tools, water or an air spade, to locate the root collar and attain the
soil depth over the structural roots requirements. Remove all stem girdling roots
above the root collar. Care must be exercised not to damage the surface of the root
collar and the top of the structural roots.
• Trees shall be dug for a minimum of 4 weeks and a maximum of 52 weeks prior to
shipping. Trees dug 4 to 52 weeks prior to shipping are defined as hardened -off.
Digging is defined as cutting all roots and lifting the tree out of the ground and either
moving it to a new location in the nursery or placing it back into the same hole. Tress
that are stored out of the ground shall be placed in a holding area protected from
extremes of wind and sun with the root ball protected by covering with mulch or straw
and irrigated sufficiently to keep moisture in the root ball above wilt point and below
saturation
Planting Soil 1 105
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• If wire baskets are used to support the root ball, a 'low profile" basket shall be used.
A low profile basket is defined as having the top of the highest loops on the basket no
less than 4 inches and no greater than 8 inches below the shoulder of the root ball
package.
• Twine and burlap used for wrapping the root ball package shall be natural,
biodegradable material. If the burlap decomposes after digging the tree then the root
ball shall be re -wrapped prior to shipping if roots have not yet grown to keep root ball
intact during shipping.
D. SPADE HARVESTED AND TRANSPLANTED
Spade Harvested and Transplanted Plants shall meet all the requirements for field
grown trees. Root ball diameters shall be of similar size as the ANSI Z60.1
requirements for Balled and Burlapped plants.
• Trees shall be harvested prior to leafing out (bud break) in the spring or during the fall
planting period except for plants know to be considered as fall planting hazards.
Plants that are fall planting hazards shall only be harvested prior to leafing out in the
spring.
• Trees shall be moved and planted within 48 hours of the initial harvesting and shall
remain in the spade machine until planted.
E. CONTAINER (INCLUDING ABOVE -GROUND FABRIC CONTAINERS AND BOXES)
PLANTS
• Container plants may be permitted only when indicated on the drawing, in this
specification, or approved by the Landscape Architect.
• Provide plants shall be established and well rooted in removable containers.
• Container class size shall conform to ANSI Z60.1 for container plants for each size
and type of plant.
F. BARE ROOT PLANTS
Harvest bare root plants while the plant is dormant and a minimum of 4 weeks prior
to leaf out (bud break).
The root spread dimensions of the harvested plants shall conform to ANSI Z60.1 for
nursery grown bare root plants for each size and type of plant. Just prior to shipping
to the job site, dip the root system into a slurry of hydrogel (cross linked
polyacrylamide) and water mixed at a rate of 15 oz. of hydrogel in 25 gallons of
water. Do not shake off the excess hydrogel. Place the root system in a pleated black
plastic bag and tie the bag snugly around the trunk. Bundle and tie the upper
branches together.
• Keep the trees in a cool dark space for storage and delivery. If daytime outside
temperatures exceeds 70 degrees F, utilize a refrigerated storage area with
temperature between 35 and 50 degrees.
1.3 PLANTING SOIL
A. Planting Soil as used in this specification means the soil at the planting site, or imported as
modified and defined in specification Section Planting Soil. If there is no Planting Soil
specification, the term Planting Soil shall mean the soil at the planting site within the planting
hole.
1.4 MULCH
A. Mulch shall be "Walk on" grade, coarse, ground, from tree and woody brush sources. The
size range shall be a minimum (less than 25% or less of volume) fine particles 3/8 inch or
Planting Soil 1 106
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less in size, and a maximum size of individual pieces (largest 20% or less of volume) shall
be approximately 1 to 1-1/2 inch in diameter and maximum length approximately 4 to 8".
Pieces larger than 8 inch long that are visible on the surface of the mulch after installation
shall be removed.
• It is understood that mulch quality will vary significantly from supplier to supplier and
region to region. The above requirements may be modified to conform to the source
material from locally reliable suppliers as approved by the Landscape Architect.
B. Submit supplier's product specification data sheet and a one gallon sample for approval.
1.5 TREE STAKING AND GUYING MATERIAL
A. Tree guying to be flat woven polypropylene material, 3/4 inch wide, and 900 lb. break
strength. Color to be Green. Product to be ArborTie manufactured by Deep Root Partners,
L.P. or approved equal.
B. Stakes shall be lodge pole stakes free of knots and of diameters and lengths appropriate to
the size of plant as required to adequately support the plant.
C. Below ground anchorage systems to be constructed of 2 x 2 dimensional untreated wood
securing (using 3 inch long screws) horizontal portions to 4 feet long vertical stakes driven
straight into the ground outside the root ball.
D. Submit manufacturer's product data for approval.
PART 3 — EXECUTION
1.1 SITE EXAMINATION
A. Examine the surface grades and soil conditions to confirm that the requirements of the
Specification Section — Planting Soil - and the soil and drainage modifications indicated on
the Planting Soil Plan and Details (if applicable) have been completed. Notify the Landscape
Architect in writing of any unsatisfactory conditions.
1.2 DELIVERY, STORAGE AND HANDLING
A. Protect materials from deterioration during delivery and storage. Adequately protect plants
from drying out, exposure of roots to sun, wind or extremes of heat and cold temperatures. If
planting is delayed more than 24 hours after delivery, set plants in a location protected from
sun and wind. Provide adequate water to the root ball package during the shipping and
storage period.
• All plant materials must be available for observation prior to planting.
• Using a soil moisture meter, periodically check the soil moisture in the root balls of all
plants to assure that the plants are being adequately watered. Volumetric soil
moisture shall be maintained above wilting point and below field capacity for the root
ball substrate or soil.
B. Do not deliver more plants to the site than there is space with adequate storage conditions.
Provide a suitable remote staging area for plants and other supplies.
• The Landscape Architect or Contractor shall approve the duration, method and
location of storage of plants.
C. Provide protective covering over all plants during transporting.
1.3 PLANTING SEASON
A. Planting shall only be performed when weather and soil conditions are suitable for planting
the materials specified in accordance with locally accepted practice. Install plants during the
planting time as described below unless otherwise approved in writing by the Landscape
Architect. In the event that the Contractor request planting outside the dates of the planting
Planting Soil 1 107
season, approval of the request does not change the requirements of the warranty.
1.4 COORDINATION WITH PROJECT WORK
A. The Contractor shall coordinate with all other work that may impact the completion of the
work.
B. Prior to the start of work, prepare a detailed schedule of the work for coordination with other
trades.
C. Coordinate the relocation of any irrigation lines, heads or the conduits of other utility lines
that are in conflict with tree locations. Root balls shall not be altered to fit around lines. Notify
the Landscape Architect of any conflicts encountered.
1.5 LAYOUT AND PLANTING SEQUENCE
A. Relative positions of all plants and trees are subject to approval of the Landscape Architect.
B. Notify the Landscape Architect, one (1) week prior to layout. Layout all individual tree and
shrub locations. Place plants above surface at planting location or place a labeled stake at
planting location. Layout bed lines with paint for the Landscape Architect's approval. Secure
the Landscape Architect's acceptance before digging and start of planting work.
C. When applicable, plant trees before other plants are installed.
D. It is understood that plants are not precise objects and that minor adjustments in the layout
will be required as the planting plan is constructed. These adjustments may not be apparent
until some or all of the plants are installed. Make adjustments as required by the Landscape
Architect including relocating previously installed plants.
1.6 SOIL PROTECTION DURING plant DELIVERY and installation
A. Protect soil from compaction during the delivery of plants to the planting locations, digging of
planting holes and installing plants.
• Where possible deliver and plant trees that require the use of heavy mechanized
equipment prior to final soil preparation and tilling. Where possible, restrict the driving
lanes to one area instead of driving over and compacting a large area of soil.
• Till to a depth of 6 inches, all soil that has been driven over during the installation of
plants.
1.7 SOIL MOISTURE
B. Volumetric soil moisture level, in both the planting soil and the root balls of all plants, prior
to, during and after planting shall be above permanent wilting point and below field capacity
for each type of soil texture within the following ranges.
Soil type
Permanent wilting
point
Field capacity
Sand, Loamy sand, Sandy loam
5-8%
12-18%
Loam, Sandy clay, Sandy clay
loam
14-25%
27-36%
Clay loam, Silt loam
11-22%
31-36%
Silty clay, Silty clay loam
22-27%
1 38-41 %
• Volumetric soil moisture shall be measured with a digital moisture meter. The meter
shall be the Digital Soil Moisture Meter, DSMM500 by General Specialty Tools and
Instruments, or approved equivalent.
C. The Contractor shall confirm the soil moisture levels with a moisture meter. If the moisture is
too high, suspend planting operations until the soil moisture drains to below field capacity.
1.8 INSTALLATION OF PLANTS: GENERAL
Planting Soil 1 108
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A. Observe each plant after delivery and prior to installation for damage of other characteristics
d_ that may cause rejection of the plant. Notify the Landscape Architect of any condition
observed.
B. No more plants shall be distributed about the planting bed area than can be planted and
watered on the same day.
C. The root system of each plant, regardless of root ball package type, shall be observed by
the Contractor, at the time of planting to confirm that the roots meet the requirements for
plant root quality in Part 2 Products: Plants General: Plant Quality. The Contractor shall
undertake at the time of planting, all modifications to the root system required by the
Landscape Architect to meet these quality standards.
• Modifications, at the time of planting, to meet the specifications for the depth of the
root collar and removal of stem girdling roots and circling roots may make the plant
unstable or stress the plant to the point that the Landscape Architect may choose to
reject the plant rather than permitting the modification.
• Any modifications required by the Landscape Architect to make the root system
conform to the plant quality standards outlined in Part 2 Products: Plants General:
Quality, or other requirements related to the permitted root ball package, shall not be
considered as grounds to modify or void the plant warranty.
• The resulting root ball may need additional staking and water after planting. The
Landscape Architect may reject the plant if the root modification process makes the
tree unstable or if the tree is not healthy at the end of the warranty period. Such
plants shall still be covered under the warranty
• The Contractor remains responsible to confirm that the grower has made all required
root modifications noted during any nursery observations.
D. Container and Boxed Root Ball Shaving: The outer surfaces of ALL plants in containers and
- boxes, including the top, sides and bottom of the root ball shall be shaved to remove all
circling, descending, and matted roots. Shaving shall be performed using saws, knives,
sharp shovels or other suitable equipment that is capable of making clean cuts on the roots.
Shaving shall remove a minimum of one inch of root mat or up to 2 inches as required to
remove all root segments that are not growing reasonably radial to the trunk.
E. Exposed Stem Tissue after Modification: The required root ball modifications may result in
stem tissue that has not formed trunk bark being exposed above the soil line. If such
_; condition occurs, wrap the exposed portion of the stem in a protective wrapping with a white
filter fabric. Secure the fabric with biodegradable masking tape. DO NOT USE string, twine,
green nursery ties or any other material that may girdle the trunk if not removed.
F. Excavation of the Planting Space: Using hand tools or tracked mini -excavator, excavate the
planting hole into the Planting Soil to the depth of the root ball measured after any root ball
modification to correct root problems, and wide enough for working room around the root
ball or to the size indicated on the drawing or as noted below.
• For trees and shrubs planted in soil areas that are NOT tilled or otherwise modified to
a depth of at least 12 inches over a distance of more than 10 feet radius from each
tree, or 5 feet radius from each shrub, the soil around the root ball shall be loosened
as defined below or as indicated on the drawings.
• The area of loosening shall be a minimum of 3 times the diameter of the root ball at
the surface sloping to 2 times the diameter of the root ball at the depth of the root
ball.
• Loosening is defined as digging into the soil and turning the soil to
reduce the compaction. The soil does not have to -be removed from the
hole, just dug, lifted and turned. Lifting and turning may be accomplished
Planting Soil 1 109
with a tracked mini excavator, or hand shovels.
If an augee is used to dig the initial planting hole, the soil around the auger hole shall
be`loosened as defined 'above for trees and shrubs planted in soil areas that are NOT
tilled or otherwise modified.
• The measuring point for root ball depth shall be the average height of the outer edge
of the root ball after any required root ball modification.
• Ifmotorized equipment is used to deliver plants to the planting area over exposed
planting beds, or- used to. loosen the soil or dig the planting holes, all soil that has
been driven over shail be tilled to a depth of 6 inches-.
G. For trees to be planted in prepared Planting Soil that is deeper than the root ball depth,
compact the soil under the root ball using a mechanical tamper to assure a firm bedding for
the root ball. If there is more than 12 inches of planting soil under the root ball excavate and
tamp the planting soil in lifts not to exceed 12 inches.
H. Set top outer edge of the root ball at the average elevation of the proposed finish. Set the
plant plumb and upright in the center of the planting hole. The tree graft, if applicable, shall
be visible above the grade. Do not place soil on top of the root ball.
1. The Landscape Architect may request that plants orientation be rotated when planted based
on the form of the plant.
J. Backfill the space around the root ball with the same planting soil or existing soil that was
excavated for the planting space. See Specification Section Planting Soil, for requirements
to modify the soil within the planting bed.
K. Brace root ball by tamping Planting Soil around the lower portion of the root ball. Place
additional Planting Soil around base and sides of ball in six-inch (6") lifts. Lightly tamp each
lift using foot pressure or hand tools to settle backfill, support the tree and eliminate voids.
DO NOT over compact the backfill or use mechanical or pneumatic tamping equipment.
Over compaction shall be defined as greater than 85% of maximum dry density, standard
proctor or greater than 250 psi as measured by a cone penetrometer when the volumetric
soil moisture is lower than field capacity.
• When the planting hole has been backfilled to three quarters of its depth, water shall
be poured around the root ball and allowed to soak into the soil to settle the soil. Do
not flood the planting space. If the soil is above field capacity, allow the soil to drain
to below field capacity before finishing the planting. Air pockets shall be eliminated
and backfill continued until the planting soil is brought to grade level.
L. Where indicated on the drawings, build a 4 inch high, level berm of Planting Soil around the
outside of the root ball to retain water. Tamp the berm to reduce leaking and erosion of the
saucer.
M. Thoroughly water the Planting Soil and root ball immediately after planting.
N. Remove all nursery plant identification tags and ribbons as per Landscape Architect
instructions. The Landscape Architect's seals are to remain on plants until the end of the
warranty period.
O. Remove corrugated cardboard trunk protection after planting.
P. Follow additional requirements for the permitted root ball packages.
1.9 PERMITTED ROOT BALL PACKAGES AND SPECIAL PLANTING REQUIREMENTS
A. The following are permitted root ball packages and special planting requirements that shall
be followed during the planting process in addition to the above General planting
requirements.
Planting Soil 1110
B. BALLED AND BURLAPPED PLANTS
After the root ball has been backfilled, remove all twine and burlap from the top of the
root bail. Cut the burlap away; do not fold down onto the Planting Soil.
If the plant is shipped with a wire basket that does not meet the requirements of a
"Low Rise" basket, remove the top 6 - 8 inches of the basket wires just before the
final backfilling of the tree.
• Earth root balls shall be kept intact except for any modifications required by the
Landscape Architect to make root package comply with the requirement in Part 2
Products.
C. SPADE HARVESTED AND TRANSPLANTED PLANTS
• After installing the tree, loosen the soil along the seam between the root ball and the
surrounding soil out to a radius from the root ball edge equal to the diameter of the
root ball to a depth of 8 - 10 inches by hand digging to disturb the soil interface.
• Fill any gaps below this level with loose soil.
D. CONTAINER (INCLUDES BOXED AND ABOVE -GROUND FABRIC CONTAINERS)
PLANTS
(` This specification assumes that most container plants have significant stem girdling
and circling roots, and that the root collar is too low in the root ball.
• Remove the container.
• Perform root ball shaving as defined in Installation of Plants: General above.
• Remove all roots and substrate above the root collar and the main structural roots
according to root correction details so root system conforms to root observations
detail.
• Remove all substrate at the bottom of the root ball that does not contain roots.
• Using a hose, power washer or air excavation device, wash out the substrate from
.= around the trunk and top of the remaining root ball and find and remove all stem
_ girdling roots within the root ball above the top of the structural roots.
E. BARE ROOT PLANTS
t.;
• Dig the planting hole to the diameter of the spread of the roots to a depth in the
center that maintains the root collar at the elevation of the surrounding finished grade
and slightly deeper along the edges of the hole.
• Spread all roots out radial to the trunk in the prepared hole making the hole wider
where needed to accommodate long roots. Root tips shall be directed away from the
trunk. Prune any broken roots removing the least amount of tissue possible.
• Maintain the trunk plumb while backfilling soil around the roots.
• Lightly tamp the soil around the roots to eliminate voids and reduce settlement.
F. IN -GROUND FABRIC CONTAINERS
• Remove the fabric container from the root ball. Cut roots at the edge of the container
as needed to extract the fabric from the roots. Make clean cuts with sharp tools; do
not tear roots away from the fabric.
• Observe the root system after the container is removed to confirm that the root
system meets the quality standards.
1.10 GROUND COVER, PERENNIAL AND ANNUAL PLANTS
Planting Soil 1111
A. Assure that soil moisture is within the required levels prior to planting. Irrigation, if required,
shall be applied at least 12 hours prior to planting to avoid planting in muddy soils.
B. Assure that soil grades in the beds are smooth and as shown on the plans.
C. Plants shall be planted in even, triangularly spaced rows, at the intervals called out for on
the drawings, unless otherwise noted. The first row of Annual flower plants shall be 6 inches
from the bed edge unless otherwise directed.
D. Dig planting holes sufficiently large enough to insert the root system without deforming the
roots. Set the top of the root system at the grade of the soil.
E. Schedule the planting to occur prior to application of the mulch. If the bed is already
mulched, pull the mulch from around the hole and plant into the soil. Do not plant the root
system in the mulch. Pull mulch back so it is not on the root ball surface.
F. Press soil to bring the root system in contact with the soil.
G. Spread any excess soil around in the spaces between plants.
H. Apply mulch to the bed being sure not to cover the tops of the plants with or the tops of the
root ball with mulch.
I. Water each planting area as soon as the planting is completed. Apply additional water to
keep the soil moisture at the required levels. Do not over water.
1.11 STAKING AND GUYING
A. Do not stake or guy trees unless specifically required by the Contract Documents, or in the
event that the Contractor feels that staking is the only alternative way to keep particular
trees plumb.
• The Landscape Architect shall have the authority to require that trees are staked or to
reject staking as an alternative way to stabilize the tree.
• Trees that required heavily modified root balls to meet the root quality standards may
become unstable. The Landscape Architect may choose to reject these trees rather
than utilize staking to temporarily support the tree.
B. Trees that are guyed shall have their guys and stakes removed after one full growing
season or at other times as required by the Landscape Architect.
C. Tree guying shall utilize the tree staking and guying materials specified. Guying to be tied in
such a manner as to create a minimum 12-inch loop to prevent girdling. Refer to
manufacturer's recommendations and the planting detail for installation.
• Plants shall stand plumb after staking or guying.
• Stakes shall be driven to sufficient depth to hold the tree rigid.
D. For trees planted in planting mix over waterproofed membrane, use dead men buried 24
inches to the top of the dead man, in the soil. Tie the guy to the dead man with a double
wrap of line around the dead man followed by a double half hitch. When guys are removed,
leave the dead men in place and cut the guy tape 12 inches above the ground, leaving the
tape end covered in mulch.
1.12 STRAIGHTENING PLANTS
A. Maintain all plants in a plumb position throughout the warranty period. Straighten all trees
that move out of plumb including those not staked. Plants to be straightened shall be
excavated and the root ball moved to a plumb position, and then re-backfilled.
E. Do not straighten plants by pulling the trunk with guys.
1.13 INSTALLATION OF FERTILIZER AND OTHER CHEMICAL ADDITIVES
Planting Soil 1112
A.
Do not apply any soluble fertilizer to plantings during the first year after transplanting unless
soil test determines that fertilizer or other chemical additives is required. Apply chemical
,1
additives only upon the approval of the Landscape Architect.
r_ B.
Controlled release fertilizers shall be applied according to the manufacturer's instructions
and standard horticultural practices.
t,
1.14 PRUNING OF TREES AND SHRUBS
A.
Prune plants as directed by the Landscape Architect. Pruning trees shall be limited to
addressing structural defects as shown in details; follow recommendations in "Structural
Pruning: A Guide for the Green Industry" published by Urban Tree Foundation, Visalia CA.
B.
All pruning shall be performed by a person experienced in structural tree pruning.
C.
Except for plants specified as multi -stemmed or as otherwise instructed by the Landscape
_.
Architect, preserve or create a central leader.
D.
Pruning of large trees shall be done using pole pruners or if needed, from a ladder or
hydraulic lift to gain access to the top of the tree. Do not climb in newly planted trees. Small
y
trees can be structurally pruned by laying them over before planting. Pruning may also be
performed at the nursery prior to shipping.
~ E.
Remove and replace excessively pruned or malformed stock resulting from improper
pruning that occurred in the nursery or after.
F.
Pruning shall be done with clean, sharp tools.
G.
No tree paint or sealants shall be used.
1.15 MULCHING
OF PLANTS
A.
Apply 4 inches of mulch before settlement, covering the entire planting bed area. Install no
more than 1 inch of mulch over the top of the root balls of all plants. Taper to 2 inches when
abutting pavement.
B.
For trees planted in lawn areas the mulch shall extend to a 5 foot radius around the tree or
to the extent indicated on the plans.
C.
Lift all leaves, low hanging stems and other green portions of small plants out of the mulch if
covered.
1.16 PLANTING BED FINISHING
A.
After planting, smooth out all grades between plants before mulching.
B.
Separate the edges of planting beds and lawn areas with a smooth, formed edge cut into
the turf with the bed mulch level slightly lower, 1 and 2 inches, than the adjacent turf sod or
as directed by the Landscape Architect. Bed edge lines shall be a depicted on the drawings.
1.17 WATERING
A.
The Contractor shall be fully responsible to ensure that adequate water is provided to all
plants from the point of installation until the date of Substantial Completion Acceptance. The
Contractor shall adjust the automatic irrigation system, if available, and apply additional or
adjust for less water using hoses as required.
B.
Hand water root balls of all plants to assure that the root balls have moisture above wilt point
and below field capacity. Test the moisture content in each root ball and the soil outside the
root ball to determine the water content.
1.18 CLEAN-UP
A.
During installation, keep the site free of trash, pavements reasonably clean and work area in
Planting Soil ( 113
an orderly condition at the end of each day. Remove trash and debris in containers from the
site no less than once a week.
• Immediately clean up any spilled or tracked soil, fuel, oil, trash or debris deposited by
the Contractor from all surfaces within the project or on public right of ways and
neighboring property.
B. Once installation is complete, wash all soil from pavements and other structures. Ensure
that mulch is confined to planting beds and that all tags and flagging tape are removed from
the site. The Landscape Architect's seals are to remain on the trees and removed at the end
of the warranty period.
C. Make all repairs to grades, ruts, and damage by the plant installer to the work or other work
at the site.
D. Remove and dispose of all excess planting soil, subsoil, mulch, plants, packaging, and other
material brought to the site by the Contractor.
1.19 PROTECTION DURING CONSTRUCTION
E. The Contractor shall protect planting and related work and other site work from damage due
to planting operations, operations by other Contractors or trespassers. Maintain protection
during installation until Substantial Completion Acceptance. Treat, repair or replace
damaged work immediately.
F. Damage done by the Contractor, or any of their sub -contractors to existing or installed
plants, or any other parts of the work or existing features to remain, including roots, trunk or
branches of large existing trees, soil, paving, utilities, lighting, irrigation, other finished work
and surfaces including those on adjacent property, shall be cleaned, repaired or replaced by
the Contractor at no expense to the Owner. The Landscape Architect shall determine when
such cleaning, replacement or repair is satisfactory.
1.20 PLANT MAINTENANCE PRIOR TO SUBSTANTIAL COMPLETION ACCEPTANCE
G. During the project work period and prior to Substantial Completion Acceptance, the
Contractor shall maintain all plants.
H. Maintenance during the period prior to Substantial Completion Acceptance shall consist of
pruning, watering, cultivating, weeding, mulching, removal of dead material, repairing and
replacing of tree stakes, tightening and repairing of guys, repairing and replacing of
damaged tree wrap material, resetting plants to proper grades and upright position, and
furnishing and applying such sprays as are necessary to keep plantings reasonably free of
damaging insects and disease, and in healthy condition.
1.21 Substantial Completion Acceptance
I. Upon written notice from the Contractor, the Owners Representative shall review the work
and make a determination if the work is substantially complete.
• Notification shall be at least 7 days prior to the date the contractor is requesting the
review.
J. The date of substantial completion of the planting shall be the date when the Landscape
Architect accepts that all work in Planting, Planting Soil, and Irrigation installation sections is
complete.
K. The Plant Warranty period begins at date of written notification of substantial completion
from the Landscape Architect. The date of substantial completion may be different than the
date of substantial completion for the other sections of the project.
END OF SECTION
Planting Soil 1 114
SECTION 02950: TURFGRASS LAWNS
PART 1 - GENERAL
1.1 SUMMARY OF WORK
A. This work includes all labor, materials, and equipment for soil preparation,
fertilization, planting, and other requirements regarding turfgras areas shown
on plans.
1.2 RELATED DOCUMENTS
B. 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. Hydrornulch 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
Turfgrass Lawns 1115
O. Post -Planting Maintenance
P. Erosion Control
Q. Inspections
R. Clean-up
S. Guarantee
1.4 RELATED SECTIONS
T. Section 02300 Earthwork
U. Section 02810 Irrigation System
1.5 QUALITY ASSURANCE
V. 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
W. 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
X. 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
Turfgrass Lawns 1 116
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.
1.7 SCHEDULING
Y. 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 Bennuda hydromulch seeding.
2. Over seeding - Annual Rye Grass
i. If Bennuda 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, asneeded, including
but not limited to hTigation, 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 Bennudagrass.
iii. The Contractor shall apply a minimum of two applications of Roundup
herbicide to the annual rye grass in early spring in preparation for Bennuda 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.
Z. Weather Limitations: Proceed with planting operations only when existing and
forecasted weather conditions permit.
1.2 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 fiee 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.
Turfgrass Lawns 1 117
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 during and at the end of WarrantyPeriod.
F. Matching: closely match all replacement sod with adjacent areas of turf or grass.
Apply all requirements of this Specification to all replacements.
1.3 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.
1.4 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 GuaranteePeriod.
Turfgrass Lawns ( 118
2.1 MATERIALS
A. Turf Seed
1. Composition: fresh, clean, certified, Class'A', new cropseed.
2. Type: "Cynodan dactylon" Common Bermuda.
3. Deliver to the site in the original sacks as received by the Producer and each sack
. t 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 gennination 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 othercause.
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 per acre):
Turf Seed Mixture for turf areas Proportion Purity Minimum
by weight
Gennination
Cynodan Dactylon-Common Bermuda
85%
98% 90%
Loliuim 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,
Turfgrass Lawns 1119
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.
Tudgrass Lawns 1 120
l
5. Sod shall be rejected if found to contain the following weeds: Quackgrass,
Johnsongrass, poison ivy, nirnbleweed, thistle, bindweed, bentgrass, perennial
sorrel or bromegrass.
C. Hydrornulch
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 indiameter.
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.
2. Soil Stabilizer "Terra Tack 1" or approved equal.
2.2 FERTILIZER
A. Pre -planting Fertilizer Application for Turfgrass Planting Areas: Fertilizer for the
initial planting application shall be ofN-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
ro Turfgrass Lawns 1 121
l.,
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.
M
Turfgrass Lawns 1 122
"y 2. Grades: verifythat grades are within two 2 inch plus or minus of the required
g () P q
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 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.
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 break readily.
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
Turfgrass Lawns 1 123
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.
Turfgrass Lawns 1 124
s
i
3. Immediately following aeration, the Contractor shall pack the soil with a
cultipacker or roller to get a finn seed bed.
4. After cultipacker or roller operations apply specified hydrornulch seed mix in a
motion to form a unifonn coverage at specified rate.
5. Immediately following hydrornulch 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 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 or roller.
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 fonn a unifonn
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 one half (1/2") inches deep in a motion to form a unifonn coverage of the
entire seeding area.
4. Immnediately 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, unplanted skips and
areas are noted after broadcast seeding, the Contractor shall be required to seed the
unplanted areas with the grasses that were to have been planted at no additional cost
to the Owner.
3.4 SOD BED PREPARATION
Turfgrass Lawns 125
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.
Turfgrass Lawns 1126
I
tl
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
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 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. Irmnediately 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.
Turfgrass Lawns 1 127
C. Unifonn 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 nun x 125 mm).
3.8 IRRIGATION SYSTEM
1,
t
Turfgrass Lawns 1 128
I.
t
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.
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 areachieved.
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
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.
Special Conditions 1 129
LAKEWOOD EVELOPE T AREA
INFRASTRUCTURE IMPROVEMENTS
CITY OF LUBBOCK PARKS & RECREATION
DEMOLITION/GRADING/SITEWORK/ELECTICAL/IRRIGATION/PLANTING
MAYOR, GLENROBERTSON
CITY MANAGER JAMES LOOMIS
USYCGUIIUL-dsTRIC2f IiERIIA12E2 UFYCGU:ibL-dsIIUCTJ. FY GERtt
USYCCURU'L-IXSTtiCl2 FLOVE)LGYG FfUCF drvGawrctt-dslNc2s RARENdESGR
USYCOM(UL-pstPlc Fl. hFFGRIFFlM CIIYCGUhCIL-dstR:CF6 LAIAELLEAY
DIRECTOR OF PARKS d RECREATION, BRIOGET FAULKENBERRY
PARK DEVELOPMENT MANAGER, LIONEL PLUMMER
SHEETRlOEX
GENERALNOTES
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L-100
DESIMEDBr.LP,AW
997-H S7- DEMO .. IE-UD _ DRN- BY- "EH. A*
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APPROVED BY. LP
DEMOUTION NOTES_
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DEMOLITION PLAN
REVISED: I
L-101
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DEMOUITON LEGEND
DRAWN BY HEH AWJ
CHECKED BY: LP, AW
99TH ST
=.4
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DEMOLMON NOTES
MW--UL
REVISED:
100TH ST
981b FULTON
DEMOLITION PLAN
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L-102
DESCIFD BY: LP. AW
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Run CHECKED BY: LP. AW
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DEMOUTION NOTES
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GRADING NOTES
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L-108
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DESIGNED BY; lP. AW
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DRAM BY- KK AV
CHECKED BY -LP, AW
APPROVED BY. LP
WE LAY= TOTES
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REVISED;
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SITE ANNOTATION & LAYOUT L-1
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ELECHiiCAI LEGEND
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CHECKED BY: LP, aW
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ELECTRICAL NOTES
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L-113
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ELECTRICALNOTES
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" L-114
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DESIGNED BY: I.P. AW
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L-1IS SHE ELECTRICAL PLALI v m s S.w
L-115
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ELECTRICAL LEGEND
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REVISED:
LAKEWOOD DVLMi
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981h 6 FULTON
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L-119
L•IMSITE IRRIGATION PLAN
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L-120
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CHECKED BY: LP. AW
kPPROVED BY. LP
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[ L-123
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io TYPICAL BENCH PAD - SECTION
TYPICAL BENCH MWALL DETAIL
TYPICAL ON STREET HC PARKING RAMP
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MrOMM-112
DESIGNED BY: LP. AW
DRAWN BY: M. Ai
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DEMtED BY; LP. AW
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L-502
DESIGNED BY: LP. AW
DRAWN BY: HEH. AV
CHECKED BY: LP. AW
B'PROVEDBT LP
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SURFACE OWED
N0.R a TRu11GTEo WIIE
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LAKEWOOD
92365
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L-503
it TYPICAL FLOW SENSOR INSTALLATION 7YPW- L RPZ SACRFLO\V DEVICE
2 TYPICALVALVE BO%5EC110N 1 IRRI MNSVSTEM
"' L-504
11 - - JAL xl- I 119,
TYPICALTRENCHM
TYPICAL COWROLLEMNCLOSURE INSTALLATION
3 TYPICAL SLEEVE IMSYALLATION
TYPICAL REMOTE CONTROL VALVE INSTALLATION
DESIMM BY: W. AW
DU%W BY: I". A%
CMECKM BY: I.P. AW
U"OVED BY, L.
L-505
PAGE INTENTIONALLY LEFT BLANK