HomeMy WebLinkAboutResolution - 5021 - Contract - Quicksilver Construction - GACTT Renovation - 11_09_1995Resolution No. 5021
November 9, 1995
Item #32
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract and all related documents by and
between the City of Lubbock and Quicksilver Construction, of Lubbock, Texas to furnish and
install all services and materials as bid for the Garden/Arts Center and Tea Terrace Renovation
for the City of Lubbock, which contract is attached hereto, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully
Passed by the City Council this _
ATTEST:,
Betty M. Johnso , City Secretary
APPROVED AS TO CONTENT:
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
T
D nald G. Vandiver, First
Assistant City Attorney
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October 26, 1"5
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City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
B06-767-2167
MAILED TO VENDOR:
CLOSE DATE:
October 5,1995
October 11, 1995 C! 2 P.M.
BID #13381- GARDEN/ARTS CENTER & TEA TERRACE RENOVATION
ADDENDUM #2
Office of
Purchasing
The following items take precedence over Addendum #1 details for the above named project. Where any
item called for in the bid documents is supplemented here, the original requirements not affected by the
addendum shall remain in effect.
1. On the plans, Sheet 1 of 2, delete note #13, and the Plant Legend..
2. In the specifications, delete Section 07 - Plant Materials.
3. In the specifications, Section 06 - Fencing, 3B, delete the following statement:
"...iron shall be cleaned in acoustic solution then treated to prevent flash
rusting"
and replace with the following statement:
"...iron shall be cleaned in a caustic solution (or approved equal), or
sandblasted then treated to prevent flash rusting."
4. In the specifications, Section 06 - Fencing Fence Detail, delete the 1' - 0" diameter
footing and replace with an 8" diameter footing.
All requests for additional information or classification concerning this bid must be submitted in writing
and directed to Laura Ritchie, Buyer.
PLEASE RETURN ONE COPY WITH YOUR BID
THANK YOU,
X-a'u't C"'
LAURA RITCHIE
BUYER
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City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
806-767-2167
MAILED TO VENDOR:
CLOSE DATE:
NEW CLOSE DATE:
October 2,1995
October 4,1995 @ 2 PAL
October 11,1995 @ 2 P.M.
Office of
Purchasing
BID #13381- GARDEN/ARTS CENTER & TEA TERRACE RENOVATION
ADDENDUM #1
The following items take precedence over Addendum #1 details for the above named project. Where any
item called for in the bid documents is supplemented here, the original requirements not affected by the
addendum shall remain in effect.
1. On the plans, Sheet 1 of 2, replace General Note #9 to read as follows:
"Existing concrete walk section(s) have settled below slab levels. Remove the
concrete walk section(s) as required and replace with new concrete to match the
existing concrete slab level."
2. Please change the bid closing date from:
Wednesday, October 4, 1995 at 2 P.M. to
Wednesday. October 11,1995 at 2 P.M.
All requests for additional information or classification concerning this bid must be submitted in writing
and directed to Laura Ritchie, Buyer.
THANK YOU,
LAURA RITCHIE
BUYER
PLEASE RETURN ONE COPY WITH YOUR BID
CITY OF LUBBOCK
REQUEST FOR BIDS
FOR
TITLE: GARDEN/ARTS CENTER & TEA TERRACE
RENOVATION
ADDRESS: LUBBOM TEXAS
BID NUMBER 13381
PROJECT NUMBER 9017.9246
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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INDEX
NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
CURRENT WAGE DETERMINATIONS
SPECIFICATIONS
SPECIAL CONDITION
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NOTICE TO BIDDERS
BID #13381
Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the
Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock a.m. on the 4th
day of October,1995, or as changed by the issuance of formal addenda to all planholders, to famish all labor and materials and
perform all work for the construction of the following described project:
"GARDENIARTS CENTER & TEA TERRACE RENOVATION"
' After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing
Manager and publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid is actually in the office of the Purchasing Manager for the City
of Lubbock, prior to the expiration of the date above first written.
The City of Lubbock will consider the bids on the 19th day of October,1995, at the Municipal Building, 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 and payment bond in accordance with Article
5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds
$25,000.00. Said statutory bonds should be issued by a company carrying a current Best Rating of P or supprior as the rating of the
bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not
exceed $25,000.00 the said statutory bonds will not be required.
Bidders are required, whether or not a payment orormance bond is required, to submit a cashier's or certified check
issued by a bank satisfactory to the City of Lubbock, or a bidbond from a reliable surety company, payable without recourse to the
order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that
bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) days after notice of award of the
contract to him.
" It shall be each bidders 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 pre -bid conference on 27th day of September,1995, at 9:00
O'clock am., in the Purchasing Conference Room, L-04, Lubbock, Texas.
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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 Manager of the City of Lubbock, which document is specifically referred to
in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vemon's Ann. Civil St., 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 all bidders that in regard to any contract entered into pursuant to this advertisement,
minority and women business enterprises will 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 would like bid information made available in a more accessible
format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday Friday, 8:00 - 5:00 p.m.)
or 1625 13th Street, Room L-04, at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
VICTOR
PURCHASING MANAGER
Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street,
Room L-04, Lubbock, Texas 79401; Telephone (806)767-2167/Faz (806)767-2164.
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GENERAL INSTRUMONS TO BIDDERS
SCOPE OF WORK
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The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this
project in accordance with contract documents for the GARDEN/ARTS CENTER & TEA TERRACE RENOVATION.
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2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General Conditions.
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.
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3. 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
1 contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of
forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders.
4. BIDDER INQUIRIES
No bidder shall request any information verbally. All written requests for additional information or clarification concerning
I this bid must be addressed to:
LAURA RITCHIE
BUYER
CITY OF LUBBOCK
P.O. BOX 2000
LUBBOCK, TX 79457
FAX (806)767-2164
5. TMfE AND ORDER FOR COMPLETION
The Construction Covered by the contract documents shall be fully completed within 45 (FORTY FIVE) consecutive
calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder.
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 insure completion of the project within the time specified.
6. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract
documents.
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7. 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.
8. 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
9. GUARANTEES
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 ONE year 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).
10. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his 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.
11. 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 completion to Contractor. The City reserves the right, after the bids have been opened and before the contract
has been awarded, to require of a bidder the following information: _
(a) The experience record of the bidder showing completed jobs of a similar, nature to the one covered by the intended
contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
12. TEXAS STATE SALES TAX
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
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.
13. 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
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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.
14. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take
i` 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
1 15. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City.
+*� In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for
all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are
authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall
further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of
construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
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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
r- site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable
the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however,
shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations.
16. 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.
17. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all in trance 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.
l l The insurance certificates furnished shall name the City as an additional insured and shall further state that all
subcontractors are named as additional insureds, 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
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" is. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these
l contract documents. The wage rate which must be paid on this pmject shall not be less than specified in the schedule of
general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the
requirements of Article 5159a, Vernon's Annotated Civil Statutes 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 these contract documents does not release the Contractor from compliance with any wage law that may be
applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays
unless the following conditions exist:
(1) The project being constructed is essential to the City of Lubbocles ability to provide the necessary service to its
citizens.
(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.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the
Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and
obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow
construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative.
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.
19. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this
contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than _
once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the
seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible
copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each
day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates
or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon 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, ten 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.
20. PROVISIONS CONCERNING ESCALATOR 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
21. PREPARATION FOR BID
The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and
the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the
materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy --
between the price written in words and the price written in figures, the price written in words shall govern. 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. -"
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: —
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l l ; (a) Bidder's name
(b) Bid for (description of the project).
Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may
be withdrawn or altered thereafter.
POO
22. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
7 (c) Bidder's Submittal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
r" (g) Special Conditions (if any).
o' (h) Specifications.
(i) Insurance Certificates.
0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
If Plans and Specifications are too bullcy or cumbersome to be physically bound, they are to be considered incorporated by
reference into the aforementioned contract documents.
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BID SUBMITTAL
LUMP SUM BID CONTRACT
PLACE: City of Lubbock, Municipal Building
71, DATE:
October 4, 1995
PROJECT NUMBER: 13381- GARDEN/ARTS CENTER & TEA TERRACE RENOVATION
Bidof King Consultants, Inc. dba QuickSilver Const. (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
FThe Bidder, in compliance with your invitation for bids for the construction of a
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& Tea Terrace Renovation
Garden/Arts Center
having carefully 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 furnish all labor, materials, and supplies; and to
construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the
price stated below. The price to cover all expenses incurred in performing the work required under the contract documents.
BASE BID Completion of concrete work, brickwork, irrigation, Agt?r�' and 35' metal fencing, as specified.
MATERIALS:_�r,.t
SERVICES: :t * `
TOTAL BASE BID:
ALTERNATE NO. 1 Remove existing chainlink fence fabric, posts, footings, and two (2) gates. Install new iron fence in
replacement. See plan for details.
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MATERIALS:6u*06- j �l fir c,,•fLt�/., /, f/ _ (:S 3 J✓r/ )
SERVICES: dej&
A - (S /. 9 7301
)
TOTAL ALTERNATE NO. 1: �i cat_ %Ia�+� s. t� . ^.e ��,.� ��c • �j�v�{�4.G (S
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�j ALTERNATE NO.2 Remove existing chainlink fence fabric, posts, and footings as shown on plan. Install first half of 170
�I feet fencing (85 feet), iron fencing to the east.
MATERIALS:, 7� ($ :2, P�95'� )
SERVICES: d,�5st� �..G �p cl.Lt�i `'CTZ ($ 1 4'�5'0 )
TOTAL ALTERNATE N0. 2: /�.Lt� - ii�,n.�� 7
7 ALTERNATE NO.3 Remove existing chainlink fence fabric, posts, and footings as shown on plan. Install remaining 85
feet of the 170 feet fencing to the east
MATERIALS: x"+($
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SERVICES: Dne ($
FTOTAL ALTERNATE NO.3:il'1� %�d�s�rc.,�% �•�-•- �r�„�-�iLta�.`�7jt�.(S 7>S )
F(Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to
F1Proceed" of the Owner and to fully complete the project within 45 (FORTY FIVE) consecutive calendar days thereafter as stipulated
in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of
$200.00 (TWO HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for
Fcompletion of this project, all as more fully set forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction
1 " number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the
scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans,
specifications and contract documents pertaining to the work covered by this bid, and he further agrees to continence work on or
before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in
the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified
check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to
the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a
guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) days after notice of
award of the contract to him.
Enclosed with this bid is a Cashier's Check or Ccrtified Check for Dollars
($ ) or a Bid Bond in the sum of 1641A % Dollars ($ - Do-r , which it is
n agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the
undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days
after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the
rundersigned upon demand.
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Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents
made available to him for his inspection in accordance with the Notice to Bidders.
Contract
Loyde Castle
(Printed or Typed Name)
King Consultants, Inc. dba
Company Quicksilver Construction
i?n5 F_ 4&F-h St-
Address
Lubbock Lubbock
City,
TX County
State • Zip Code
Telephone: ( S 0 6) 7 6 3 —617 5
Fax Number: (806 ) 763-56160
(Seal if Bidder is a Corporation)
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Van
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ther INSURANCE COMPANY OF NEW YORK
ROCK HILL, NEW YORK
(A Stock Company)
Bond No. 49197-83
tl ' BID BOND
The American Institute of Architects
AIA Document No. A310 (February, 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS, that we
ICin� ConsVltan�s, Inc. dba Quicksilver Construction
as rincipa , an rontier Insurance Company of New York, Rock Hill, New York 12775, a corporation duly or-
ganized under the laws of the State of New York as Surety, are held and firmly bound unto
City of Lubbock
as Obligee, in the sum of FIVE PERCENT OF AMOUNT BID BY PRINCIPAL NOT TO EXCEED $50,000.00
AND THE BOND PENALTY SHALL NOT EXCEED Dollars ($ 2,500.00 ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our
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heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
Garden/Arts Center & Tea Terrace Renovation
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the
bidding or Contract Documents with good and sufficient surety forthe faithful performance of such Contract and for
the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the
Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference
not to exceed the penalty thereof between the amount specified in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation
shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 4th
(SEAL)
day of October
(P-6
19 95
FRONTIER INSURANCE COMPANY OF NEW YORK
(Surety)
(SEAL)
t✓
Staci Gross Attorney -In -Fact
FM 19-1187-FNY (12193) w-7626-12/93-2M
Vw'wrontkill"
INSURANCE COMPANY OF NEW YORK
11 ROCK HILL, NEW YORK 12775-8000
(A Stock Company)
POWER OF ATTORNEY
11t1111ttt kitMirtt1iu(ZltrsrjJrrsrI1ts: That FRONTIER INSURANCE COMPANY OFNEWYORK,aNew York Corporation, having its principal
office in Rock Hill, New York, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 4th day of November,1985:
"RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in -
Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity
and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business;
I "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney
or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile
seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of
indemnity or writing obligatory in the nature thereof;
"RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insertin
t such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney-in=Fact"
This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution.
DOES HEREBY MAKE, CONSTITUTE AND APPOINT: DONAL BOLEY STEVE DEAL STACI GROSS
LAURA ESPINOZA
of WICHITA FALLS in the State of TEXAS
its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and
), deliver in its behalf, and as its act and deed, without power of redelegation, as follows:
Bonds guaranteeing the fidelityof persons holding places of public or private trust; guaranteeing the performance of contracts other than
insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law
allowed; IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000.00) DOLLARS; and to bind FRONTIER
INSURANCE COMPANY OF NEW YORK thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of FRONTIER INSURANCE COMPANY OF NEW YORK, and all the acts of said Attorneys) -in -Fact pursuant to the
authority herein given are hereby ratified and confirmed.
Irl. 3111ttlitnr09`�1'' 417rellf, FRONTIER INSURANCE COMPANY OF NEW YORK of Rock Hill, New York, has caused this Power of Attorney to be signed
it by its President and its Corporate seal to be affixed this 14thday of FEBRUARY 19 92
FRONTIER INSURANCE COMPANY OF NEW YORK
`+yuaAly�.`W,
i 4,04., Oil
s,.BEAL =!!!!
State of New York `ry ,}j WALTER A. RHULEN, President
County of Sullivan ss.. `"~,,,„,,,,,,.
On this 14th day of FEBRUARY 19 9? , before the subscriber, a Notary Public of the State of
New York in and for the County of Sullivan, duly commissioned and qualified, came WALTER A. RHULEN of FRONTIER INSURANCE COMPANY OF
NEW -YORK to me personally known to be the individual and officer described herein, and who executed) the preceding instrument, and
acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the Company aforesaid, and that
the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were duly
affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in
the preceding instrument, is now in force.
311 (Zrstinunttt Olrrrruf, I have hereunto set my hand, and affixed my official seal at Rock Hill, New York, the day and year above written.
I � NOTAgrI
° CHRISTINE I. LANE
N Notary Public of New York
Sullivan County Clerk's No. 1996
Commission Expires May 2, 1996
CERTIFICATION
I, JOSEPH P. LOUGHLIN, Secretary of FRONTIER INSURANCE COMPANY OF NEW YORK of Rock Hill, New York, do hereby certity that the
foregoing Resolution adopted by the Board o1 Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct,
and that both the Resolution and the Powers of Attorney are in full force and effect.
r"}' In Witnres V11crruf, I have hereunto set my hand and affixed the facsimile seal of the corporation this 4th day of
jl October ' 19 95
$ i
it ♦ A
f °►row :. �
d M 19-5W2A-FNY (4/95) " •. ,,, JOSEPH P. LOUGHLIN, Secretary
City of Lubbock
P.O. Box 2000
Lubbock. Texas 72457
605-767-2167
M111.LED TO VENDOR: October 5,19915
CLOSE DATE: October 11,15,95 @ 2 P.M.
Office of
Piwehnsing
BID #13331 - GARDEN/ARTS CENTER & TEA TERRACE RENOVATION .
ADDENDUM #2
The following items takt precedence over Addendum #1 details for the above named project. Where any
item called for in the bid documents is supplemented here, the original requirements not affected by the
addendum shall remain in effect.
t. On the plans, Sheet 1 of 2, delete note #13, and the Plant Legend.
2. In the specifications, delete Section 01 - Plant Materials.
3. In the specifications, Section 06 - Fencing, 313, delete the following statement:
"...iron shall be cleaned in acoustic solution then treated to prevent flash
rusting"
and replace with the following statement:
"—iron sball be cleaned In a caustic solution (or approved equal), or
sandblasted then treated to prevent flash rusting."
4. In the specifications, Section 06 - Fencing, Fence Detail, delete the V - 0" diameter
footing and replace with an 8" diameter footing.
All requests for additional information or classification concerning this bid roust be submitted in writing
and directed to Laura Ritchie, Buyer.
THANK YOU,
LAURA R1TCHM
BUYER
PLEASE RETURN ONE COPY WITH YOUR BID
i i � i
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
606-767-2167
MAILED TO VENDOR: October 2, 1995
CLOSE DATE: October 4,1995 @ 2 P.M.
NEW CLOSE DATE: October 11, 1995 oaf, 2 P.M.
Office of
Purchasing
BID #13381- GARDEN/ARTS CENTER & TEA TERRACE RENOVATION
ADDENDUM #1
The following items take precedence over Addendum #1 details for the above named project. Where any
item called for in the bid documents is supplemented here, the original requirements not affected by the
addendum shall remain in effect.
l . On the plans, Sheet 1 of 2, replace General Note #9 to read as follows:
"Existing concrete walk section(s) have settled below slab levels. Remove the
concrete walk section(s) as required and replace with new concrete to match the
existing concrete slab level
2. PIease change the bid closing date from:
Wednesday, October 4, 1995 at 2 P.M. to
Wednesday, October 11, 1995 at 2 P.M.
All requests for additional information or classification concerning this bid must be submitted in writing
and directed to Laura Ritchie, Buyer.
THANK YOU,
LAURA RTTCHM
BUYER
PLEASE RETURN ONE COPY WITH YOUR BID
RECEIVED
OCT 0 3 1995
QUICKSILVER CUNSIKUCIIUN
LIST OF SUBCONTRACTORS
Minority Owned
Yes No
0 it
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
PAYMENT BOND
BOND CHECK
BEST RATING_ _
LICENSE N S
DATE . By �-
7
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION,
1959
King Consultants, Inc. dba
" KNOW ALL MEN BY THESE PRESENTS, that Quicksilver Construction (hereinafter called the Principal(s), as-
Principal(s), and
Gulf Insurance Ccapany
(hereinafter called the Sure s as Sure (s , are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in
(h Surety(s), h') Y h' g
the amount of Dollars (S 22,735.00 ) lawful money of the United States for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 9th day of
IF Wavarber , 19 g5-, to
Bid #13381-Garden/Arts Center & Tea Terrace Renovation
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 Article 5160 of the Revised Civil Statutes
P
of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, 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.
l l IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 14th day of
Nnvmfipr 19 c . King Consultants, Inc. dba
Gulf Insurance Company Quicksilver Construction
Surety Principal
g (Title) Laura Espinoza Attorney-i n-Fact "efry w.cr/
i By:
(Title)
By:
(Title)
,r
17
r
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
Kevin Dunn 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.
r" Everette Abernathie
a
Surety
By:
(Title) Resident Agent
rApproved as to form:
City of Lubbock
By;
j Citi4ttorney
j * Note: If signed 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.
i
91
PERFORMANCE BOND
BOND CHECK;
BEST RATING
AL---
t,cEt4sEj)INAS
DATE"!Gy vv
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
�* OF THE REVISED CIVIL STAT[yTl✓S OF TEXAS AS
4 AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959
King Consultants, Inc. dba
KNOW ALL MEN BY THESE PRESENTS, that Quicksilver fR& iW&ed the Principal(s), as Principal(s), and
j Gulf Insurance Catnpany
tI (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 Dollars ($ 22,735.00 ) lawful money of the United States for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated theme day of
F1 November , 19.2� to
FBid #13381-Garden/Arts Center & Tea Terrace Renovation
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.
F.
Fl-
17
.7
7
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 Article 5160 of the Revised Civil Statutes
of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on this bond shall be determined in
accordancewith 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 14t6y of
Nnymbor ,19_qS-. King Consultants Inc dha
Gulf Insurance Cmpany
Surety
* By:
�
(Tide) Laura Espinoza Attorney -in -Fact
Quicksilver Construction
Princip
y:
ttle) See Qe.TR2.� �'rQ t:.�er
By:
(Title)
By:
(Title)
F
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
,17 Kevin Dunn 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.
Everette Abernathie
Surety
*By� Lrr-JL
(Title) Resident Agent
Approved as to Form
City of Lubbock
'
Ci Attorney
* Note! If signed 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.
ft
GUKANSASCANCMSSOURI
7ES POWER OF ATTORNEY
ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE
SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE
SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN
CONJUNCTION WITH THE ORIGINAL.
KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com-
pany, a corporation duly organized under the laws of the State of Missouri, having
its principal office in the city of Irving. Texas, pursuant to the following resolution.
adopted by the Finance & Executive Committee of the Board of Directors of the said
4 I Company on the loth day of August, 1993, to wit:
LRESOLVED, that the President, Executive Vice President or any Senior Vice
President of the Company shall have authority to make, execute and deliver a Power
of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as
may be selected from time to time; and any such Attorney -in -fact may be removed
Land the authority granted him revoked by the President, or any Executive Vice
President, or any Senior Vice President, or by the Board of Directors or by the
Finance and Executive Committee of the Hoard of Directors.
RESOLVED, that nothing in this Power of Attornev shall be construed as a .:rant
of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or .nher-
wise issue a policy or policies of insurance on behalf of Gulf insurance Compart',.
RESOLVED, that the signature of the President, Executive Vice President or
anv Senior Vice President. and the Seal of the Company may be affixed to anv =urn
Power of Attorney or any certificate relating thereto by facsimile, and anv -ueh
powers so executed and certified by facsimile signature and facsimile •caf ;,,ail ':e
valid and binding upon the Company in the future with respect to any bond and
documents relating to such bonds to which they are attached."
Gulf Insurance Company does hereby make, constitute and appoint
0
BOND
NUMBER GE 5 712 9 8
( PRINCIPAL: NAME, ADDRESS
CITY, STATE, ZIP
King Consultants, Inc. cba
Quicksilver Construction
1205 E. 46th St.
Lubbock,Tx. 79404
S 22
Laura Espinoza
EFFECTIVE DATE
CONTRACT AMOUNT l
BOND AMOUNT
its true and lawful attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its
behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if airy bonds,
undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of
said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed.
The obligation of the Company shall not exceed one million ($1,000,000.00) dollars.
111 IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to
be hereto affixed.
T IlyVPANCe l �� c� GULF INSURANCE COMPANY
G -7
J so�`�y
L STATE OF NEW YORK ) Christopher E. Watson
SS President
COUNTY OF NEW YORK )
On this 1st day of February, 1994 A.D., before me came Christopher E. Watson, known to me personally who being by me duly sworn, did depose and
say; that he resides in the County of Westchester. State of New York; that he is the President of the Gulf Insurance Company, the corporation described in
and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that
it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order.
001FNr,,,-N
0jvADavid Jaffa
No.24495S634
STATE OF NEW YORK ) Qualified in Kings County
SS Comm. Expires ;November 13, 1995
COUNTY OF NEW YORK )
I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and
attached POWER OF ATTORNEY remains in full force.
Signed Sealed the City New York.
SVftANC,F n
Cc�aUOP90 , 0
and at of
EEE
a
" SEAS.
�SSOVP
Dated the 14th day of November , 19 95
P
7,
Lawrence P. Miniter
Senior Vice President
O
a
w
U
Aco1RD
Gilmore Insurance Agency, Inc.
P. O. Box 12030
ubbock TX 79452-2030
Quicksilver Construction
Henry King, President
1205 E. 46th Street
Lubbock TX 79404
�� DATE(MMIDD/YY)
KINGCON 11/14/95
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A Texas Workers' Comp. Ins. Fund
COMPANY
B American Fidelity Ins. Cos.
COMPANY
C Western Surplus Lines Agcy,Inc
COMPANY
D Commercial Union Ins. Cos.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
LTR
DATE (MM/DD1YY1
DATE (MMIDD/YY►
GENERAL LIABILITY
GENERAL AGGREGATE
$1, 0 0 0, 0 0 0
X
COMMERCIAL GENERAL LIABILITY
GRW842966
01/15/95
01/15/96
PRODUCTS - COMP/OPAGG
$1,000,000
�D
CLAIMS MADE OCCUR
PERSONAL & ADV INJURY
01,000,000
OWNER'S & CONTRACTOR'S PROT
EACH OCCURRENCE
41,000,000
FIRE DAMAGE (Any one lire)
s 50,000
MED EXP (Any one person)
$ 5,000
AUTOMOBILE LIABILITY
ANY AUTO
BA363262001
02/18/95
02/16/96
COfr1BINEDSINGLELIMIT
ALL OWNED AUTOS
BODILY INJURY
� 1, 000, 000
B
X
SCHEDULED AUTOS
(Per person)
B
X
HIRED AUTOS
BODILY INJURY
�
B
X
NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
s
ANY AUTO
OTHER THAN AUTO ONLY:
EACH ACCIDENT
$
AGGREGATE
s
EXCESS LIABILITY
EACH OCCURRENCE
s 1,000,000
C
X
UMBRELLA FORM
SPD15389
05/01/95
05/01/96
AGGREGATE
41,000,000
OTHER THAN UMBRELLA FORM
$
WORKERS COMPENSATION AND
WC ATU-
X TO Y LIMITS
II
LIABILITY
EL EACH ACCIDENT
$ 500, Q00
A
THE PROPRIETOR/
INCL
TSF10533402
11/17/95
11/17/96
EL DISEASE - POLICYumrr
$500,000
A
PARTNERSIEXECUTNE
OFFICERS ARE:
NX
EXCL
TSF10533402
11/17/95
11/17/96
EL DISEASE - EA EMPLOYEE 1
s500,000
OTHER
D
Gen Liability
BOUND CU
11/27/95
11/27/96
OCP
500,000
is a BLDR for the construction/installation of Bleachers at the
Huffman Softball Complex, Lubbock, Lubbock, TX
x is named as additional insured on general liability and auto liab-
CITYLUB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Lubbock
P.O. Box 2000 BUT FAILURE TO MAIL SUCH NOTICE SNAIL IMPOSE NO OBLIGATION OR LIABILITY
Lubbock TX 79457 OF ANY KIND UPON THE COMPANY, ITS AGENTS 08 REPRESENTATIVES.
s
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Appropriate Insurance Agent/Broker
Prior to Award of Contract
I, the undersigned Agent/Broker, certify that the insurancee requirements contained in this bid document have been reviewed
by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of
Lubbock, I will be able to, within ten 00) days after being notified of such award by contractor, furnish a valid insurance
certificate to the City meeting all of the requirements defined in this bid/proposal.
` Agent (Signature) Agent (Print)
Name of Agent/Broker:
Address of Agent/Broker:
City/State/Zip:
Agent/Broker Telephone #: ( )
Date:
CONTRACTOR'S NAME:
(Print or Type )
CONTRACTOR'S ADDRESS:
117
NOTE TO AGENT/BROKER
If this time requirement is not met, the City has the right to reject this bid/proposal and award the contract to
another contractor. If you have any questions concerning these requirements, please contact the Purchasing
Manager for the City of Lubbock at (806)767-2165.
BID #13381 - GARDEN/ARTS CENTER & TEA TERRACE RENOVATION
17
7
PM CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
71,
(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 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:
pw
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must (see
r reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and
F 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 S 12-440-3789 to receive information on the legal requirement for
coverage, to verify whether your employer has provided the required coverage, or to report an employees failure to
provide coverage." and
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements for all of its employees providing services on the project, for the duration of the
project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends during the
duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during the
duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter,
(G) notify the governmental entity in writing by certified mail or personal delivery, within 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
(I) contractually require each other person with whom it contracts, to perform as required by paragraphs
(A) - (ED, with the certificate of coverage to be provided to the person for whom they are providing
services.0
t- -- t---- L�-= t;:-_- U-- L:-= Ln-_-_ t---- I:::-_ Lz:--: L:7�- I::-_- L----
17
7
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 9th day of November,1995, by and between the City of Lubbock, County
of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to
ll as OWNER, and QUICKSILVER CONSTRUCTION, of the City of Lubbock, County of Lubbock and the State of Texas,
hereinafter termed CONTRACTOR
� WITNE5SETH: 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:
BID #13381- GARDEN/ARTS CENTER & TEA TERRACE RENOVATION - S22,735.00
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
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Condition of 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 agrees to pay the CONTRACTOR in current fimds for the performance of the contract in accordance with the bid
submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account
thereof as provided therein. •
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas, in the
year and day first above written.
,..' ; ..
•.'iReprewntitive
APPROVED AS TO •'
ll ATTEST:
Corpo te-Secretary
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PRINTED NAME: ft4I el
TITLE:y r c 2 e�itd Pin
COMPLETE ADDRESS:
Quicksilver Construction
1205 E. 46th Street
Lubbock, Texas 79404
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GENERAL CONDITIONS OF THE AGREEMENT
OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be
understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
3.
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Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood
to mean the person, persons, co -partnership or corporation, to -wit: OUICKSILVER CONSTRUCTION, who has agreed
to perform the work embraced in this contract, or to his or their legal representative.
OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to
JOHN WEBB, PARK DEVELOPMENT SUPERVISOR City of Lubbock, under whose supervision these contract
documents, including plans and specifications, were prepared, and who will inspect constructions; or to such other
representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement.
Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not
directly supervise the Contractor or men acting in behalf of the Contractor.
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 Certificate, and all other documents made available to Bidder for his inspection in
accordance with the Notice to Bidders.
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.
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 will look exclusively to Contractor for any payments due Subcontractor.
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 officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address
known to him who gives the notice.
71,
8. WORK
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 term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been
made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor
miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this
work in a manner acceptable to the Owner's Representative. The Owner's Representative will 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 accordancewith the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he
shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and
to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to
make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for
the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His
efforts will be directed towards providing assurances for the Owner that the completed project will conform to the
requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in
accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever 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 his work in order to permit Owner's Representative to comply with this
requirement, but such suspension will 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
will be needed All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or
removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's
Representative at Contractor's expense.
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative
shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to
insure the proper execution of the contract. In order to permit delays and disputes and to, discourage litigation, it is further
agreed that 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 this contract. He shall determine all questions in relation to said work and the construction
thereof, and shall, in all uses, decide every question which may arise relative to the execution of this contract on the part of
said Contractor. The Owner's Representatives' estimates and findings shall be conditions precedent to the right to any
action on the contract, and to any rights of the Contractor to receive any money under this contract.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a
written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work
or the interpretation of the contract, specifications and plans.
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 accordancewith 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 six (6) days make written appeal to the Owner's Representative for his
decision.
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 his absence and all directions given to him shall be
binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor
is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations
of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all
risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions cf the Contractor, or any
subcontractors, or any of his 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 himself as to the nature and location of
7 the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of
equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions,
7 and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any
officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of
the terms or obligations herein contained.
'1 A
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18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required
under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that
any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, 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 men or equipment will be permitted only at such places as the Owner's
Representative shall 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 reasonable 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 work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be
contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work Rill be
ready for such observation. Owner or Owner's Representative may reject any 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 Observer has previously accepted the work through oversight or otherwise. If any
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 will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other
applicable organization as may be required by law or the contract documents.
If any 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 approval, and any work which meets the requirements of any such tests or approval but does not meet the
requirements of the contract documents shall be considered defective. Such defective work 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 this agreement to make such inspections, tests, or approvals shall relieve —
the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents.
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22. DEFECTS AND THEIR REMEDIES
It is further 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 Owners' Representative as unsuitable or not in conformity with
plans, specification and 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 this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at
Contractor's expense.
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23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line,
grade, form dimensions, plans or materials for the work herein contemplated, or any part. thereof, either before or after the
r beginning of the construction, without affecting the validity of this contract and the accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for
damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the
increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity
actually done and at the unit price established for such work under this contract; otherwise such additional work shall be
paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any
work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for
any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the
Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work
as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided
under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when
presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor
' to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to
the Contractor for performing said extra work shall be determined by the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then
the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) percent.
In the event said extra work be performed and paid for under Method (C), 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 1000/a, unless
otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General
t
Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be
incorporated in the written extra work order. The fifteen percent (151/o) of the actual field cost to be paid to Contractor shall
cover and compensate him for his 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 must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for extra work of any kind will 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 he should receive compensation or an
adjustment in the construction time, he shall 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). The Contractor will thereby preserve the right to submit the matter of payment to
arbitration as herein below provided.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract 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. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents,
he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is --
received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully
understands the work to be included and has provided sufficient sums in his bid to complete the work in accordance with
- these plans and specifications. It is further understood that any request for clarification must be submitted no later than five
(5) days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work
with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in
writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor
shall, if so ordered in writing, increase his 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
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, his sureties and insurance carriers shall defend,
indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any
character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons
or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or cmployees, in the --
execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the
failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to
pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including _
attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his 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 his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the
Contractor or any of his subcontractors.
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 prior to
contract execution.
A Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $250.000 Combined Single
Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
B. Ownees Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
For bodily injuries, including accidental death and or property damage, $250.000 Combined Single Limit. This
policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $250.000 Combined Single Limit,
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned
Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the
endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (0% of potential
loss) naming the City of Lubbock as insured.
E. Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of $0.00 on all contracts with coverage to
correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages.
F. Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $5DO.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 from the beginning of the work on the project until the —
contractor's/person's work on the project has been completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in 0406.096) - includes all persons or entities
performing all or part of the services the contractor has undertaken to perform on the project, regardless of
whether that person contracted directly with the contractor and regardless of whether that person has
employees. This includes, without limitation, independent contractors, subcontractors, leasing companies,
motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes
persons to provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor
Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the
duration of the project.
3. The Contractor must provide a certificate of coverage 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.
S. The contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of overage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(b) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends ---
during the duration of the project.
6 The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.
7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,
within 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.
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l l 8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the
Texas Workers' Compensation Commission, informing all persons providing services on the project that
�.. they are required to be covered, and stating how a person may verify coverage and report lack of coverage.
9. The contractor shall contractually require each person with whom it contracts to provide services on the
project, to
(a) provide coverage, based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all of its employees providing services on the project, for the duration of
the project;
(b) provide to the contractor, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project, for the duration of the project;
(c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project; and
(2) a new certificate of coverage showing extension of coverage, prior to the end of the
coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter,
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days
after the person knew or should have known, of any change that materially affects the provision
of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by paragraphs
(1) - (7), with the certificates of coverage to be provided to the person for whom they are
providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is
representing to the governmental entity that all employees of the contractor who will provide services on
the project will be covered by worker's compensation coverage for the duration of the project, that the
coverage will be based on proper reporting of classification odes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in the rase of a self -insured,
with the commission's Division of Self -Insurance Regulation. Providing false or misleading information
may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil
actions.
11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor
which entitles the governmental entity to declare the contract void if the contractor does not remedy the
breach within ten (10) 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 (10) days prior to any change in or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the project
based on proper reporting of classification codes and payroll amounts and filling of any coverage
agreements; _
(b) provide a certificate of coverage showing workers' compensation coverage to the governmental
entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the contractor's current
certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(ii) no later than (7) 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 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;
(g) post a notice on each project site informing all persons providing services on the project that they
are required to be covered, and stating how a person may verify current coverage and report _
'.I .
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:
I REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this
construction project must be covered by workers' compensation insurance. This includes
persons providing, hauling, or delivering equipment and materials, or providing labor or
transportation or other service related to the projec4 regardlr!ss of the identity of their
,,. employer or status as an emcployee. "
"Call the Texos Workers' Compensation CommUsion at 51 Z 440-3789 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
(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 effiployees providing services on the
project, for the duration of the project;
r*
00 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 language in subsection (e)
(3) of this rule;
(iv) provide the contractor, prior to the end of the coverage period, a new certificate of
°° I
" I
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
from it
(v) obtain each other person with whom 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
7
one year thereafter,
(vii) notify the governmental entity in writing by certified mail or personal delivery, within
7
ten (10) days after the person knew or should have known, of arty change that materially
affects the provision of coverage of any person providing services on the project; and
(viii) contractually require each other person with whom it contracts, to perform as required
by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for
whom they are providing services.
ff
29. DISABLED EMPLOYEES
Contractors having more than 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. EOUIPMENT AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of
subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment,
power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When
Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated
have been paid, discharged or waived
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those
designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after
demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the _
unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to
discharge any such indebtedness.
Any and all communications between arty party under this paragraph must be in writing.
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. The
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the
Owner 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 harmless _
from arty loss on account thereof. If the material or process specified or required by Owner is an infringement, the
Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement.
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 effect the contractor the work, and shall indemnify and save harmless the Owner against any claims
arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the
Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners'
Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work.
If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without
such notice to the Owner's Representative, he 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. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of
this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in
the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this
contractual agreement.
T
34. THE FOR 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
Ttime for completion as specified in the contract 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 on a date to be
specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper
extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding
of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of S200.00 (TWO
HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set
forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the
work
It is expressly understood and agreed, by and between Contractor and the Owner, that the; time for the completion of the
work described herein is reasonable time for the completion of the same, taking into consideration the average climatic
'i
change 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 of the impracticability and
extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is
agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for
payments or from final payment.
It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract.
35. T1ME 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 his 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 his own force, the Owner's Representative may direct the time and manner of constricting 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. EXTENSION OF TIME
The Contractor agrees that he has submitted his bid in full recognition of the time required for the completion of this
'j project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has
considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor
will he request, an extension of time on this contract, except when his 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. The Contractor may apply in writing for
an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an
extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for
an extension of time by the Contractor supported by all requested documentation shall then submit such written request to
! the City Council of the City of Lubbock for their consideration Should the Contractor disagree with the action of City
Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided.
37. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein
fixed; he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether
growing out of delays in securing material or workmen or otherwise. 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 judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to
Contractor.
38. OUANTITIES 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 fiu-nished hereunder. Where the
estimated quantities are shown 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. 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 funished 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 he shall be liable for any and all claims for such damage on
account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the
Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing
out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the
existence or character of the work
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the --
Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and
stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid 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 him 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 which have not theretofore been timely filed as provided in this contract.
T
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. Owner's Representative shall review said application for partial payment and the progress of the work made by
the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical
the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement
shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work.
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 this
agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by
Owner's Representative and some unexpected and some unusual delay occurs due to no Lault or negligence on the part of the
Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion
of the retained percentage due Contractor.
43. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been
completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said
time, if the work be found to be completed or substantially completed in accordance with the contract documents, the
Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the
duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor.
44. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and
prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and
shall certify same to the Owner, who shall pay to the Contractor on or before the 31 st day after the date of certificate of
completion, the balance due Contractor under the terms of this agreement, provided he Ims fully performed his contractual
obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the
Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall
r' relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if
any) of this contract or required in the specifications made a part of this contract.
45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the: Owner's Representative on
account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his
own expense promptly replace such condemned materials with other materials conforming to the requirements of the
contract 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 arty 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.
46. CORRECTION OF WORK AFTER FINAL PAYIy1ENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for
faulty materials or workmanship, and he 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 substantial completion. The Owner
or the Owner's Representative shall give notice of observed defects with reasonable promptness.
!7
7
47. PAYMENT WITHBELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to
such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will
protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them.
48. 7T%4E OF FILING CLAIMS
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) days after the Owner's Representative has given any
directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to
such written exceptions by the Contractor and render his final decision in writing. In the Contractor should appeal
from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative
and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of
the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents.
49. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from
the Owner or the Owner's Representative,'or if the Contractor fails to comply with the orders of the Owner's Representative,
when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, 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.
After receiving said notice of abandonment, 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 case the Surety should fail to commence compliance with the notice for completion hereinbcfore provided for within ten
(10) days after service of such notice, then the Owner may provide for completion of the work in either of the following
elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said
Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment,
tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the
Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under
and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under
this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference.
In case such expense is greater than the sum which would have been payable under this contract, if the same had
been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to
the Owner; or
`•I
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a
general circulation in the County of location of the work, may let the contract for the completion of the work under
substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to
the Owner under the new contract as compared to what would have been the cost under this contract, such increase
shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, 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.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of
completion and acceptance, as provided in paragraph 42 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, 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 thirty (30) days after the date of certificate of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the
cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor
j' and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools,
materials or supplies left on the site of the work shall be turned over to the Contractor and'/or his Surety. Should the cost to
complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner
within the time designated hcreinabovc, 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 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 subject only to the duty of the Owner to exercise ordinary care to protect
such property. After fifteen (15) 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. 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 which remain on the •jobsite and belong to persons other than the
Contractor or his Surety, to their proper owners.
7A 50. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms
rj within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the
7 work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been
included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's
Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value
7 of all work actually completed by said Contractor at the prices stated in the attached bid, the value of all partially completed
work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by
the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the
whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of
the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums
that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to
'j the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said
final statement as due the Contractor, under the terms of this Agreement.
En 51. BONDS
i The successful bidder shall be required to furnish a performance bond and payment bond in accordancewith Article 5160,
Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds
$25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if
required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to
do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so
furnished.
52. 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.
53. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss 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 and the prosecution of the same, or from unusual
obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the
Contractor at his own cost and expense.
54. INDEPENDENT CONTRACTOR
t..
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct,
supervise, and control his 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 his 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.
55. CLEANING UP r
The Contractor shall at all times keep the premises E= from accumulation of debris caused by the work, and at the
completion of the work he shall remove all such debris and also his 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.
L---- U---- L= L-= t--- t::-7-- t=--- U--, t- U--- L---.� L--- L-1
it
Resolution 1#2502
January 8, 1987
Agenda Item #18
r
DGV:da
RESOLUTION
WHEREAS, the City Council has heretofore established the general
prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted February
23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
and purposes:
Exhibit A: Building Construction Trades
Exhibit B:- Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing
rate of per diem wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
Passed by the City Council this
City Secretary
8th day of January 1987.
e.
B.C. McMINN, MAYOR
APPROVED T ONTENT: APPROVED AS TO FORM:
It A %
Bi 1 Pjyne, D rector of Building Ddni I G. Vandiver, First
Services Assistant City Attorney
,EXHIBIT A
City of .Lubbock.
Building Construction Trades
Prevailing Rates
Craft Hourly Rate
Acoustical'Ceiling Installer
$11.60
Air Conditioner Installer
8.35
Air Conditioner Installer -Helper
5.50
Bricklayer
10.50
Bricklayer -Helper
5.00 —
Carpenter
11.00 .
Carpenter -Helper
5.50
Cement Finisher
7.35
Drywall Hanger
8.70
Electrician
10.50
Electrician -Helper
5.25
Equipment Operator -
—
Heavy
8.00
Light
5.70
Floor Installer
8.00
Glazier
7.50
Insulator, Piping/Boiler
9.50.
Insulator -_Helper
S.00
Iron Worker
7.30._ —
Laborer, General
4.75
Mortar Mixer
5.60
Painter
8.75
Plumber
9.25
Plumber -Helper
6.00
Roofer
7.65 _
Roofer -Helper
4.75
Sheet Metal Worker
8.75
Sheet Metal Worker-Helper
-,5.50.
Welder - Certified
'8.00
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer, General
Laborer, Utility
Mechanic
Mechanic -Helper
POWER EQUIPMENT OPERATORS
Asphalt Paving Machine
Bulldozer
Concrete Paving Machinist
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grade Operator
Roller
Scraper
Tractor
Truck Driver -
Light
Heavy
Hourly Rate
$5.25
4.75
7.35
4.75
10.50
4.75
6.50
5.50
4.75
5.80
6.50'
6.00
6.00
5.25
6.50
585
6.40
6.40
8.00
5.25
5.25
5.50
5.25
5.25
EXHIBIT.0
Electric Construction Trades
`. Prevailing. Wage Rates
Craft Hourly Rate
Power Line Foreman $11 00
Lineman Journeyman 10.45
Lineman Apprentice Series 8.90
Groundman Series 7.25
°. EXHIBIT D --
Prevailing Wage Rates
Overtime Rate _
The 'rate for overtime (in excess of forty hours per week) 'is l 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates —
Weekend and Holiday Rate
The rate for weekend and holiday is 1 1/2 times base rate.
74
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17
Garden/Arts Center & Tea Terrace Renovation at Clapp Park
Parks Capital Project - 1995
7
Parks & Recreation Department
City of Lubbock, Texas
SECTION 01 SUMMARY OF WORK
1. General
1.01 Scope of Project
A. Contractor shall supply all supervision, perform all work, furnish all labor,
tools, materials, equipment, and incidentals necessary to fully and properly
perform all work at the Garden & Arts Center & Tea TerraG.- at Clapp Park,
and as described in the plans and specifications. 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 mfrs. recommendations for installation and workmanship, for the skill
or trade involved.
B. We request that your proposal be made in conformance with the guidelines
contained in the specifications and on all plans. The contract. will be awarded
to the company with the proposal determined to be the most advantageous to
the city of Lubbock.
C. Work to be performed in such an order that remaining amenities do not suffer
due to the work being performed.
1.02 Work Included
B. Section 02 - Product Substitution
C. Section 03 - Concrete
D. Section 04 - Brickwork
E. Section OS - Irrigation
F. Section 06 - Metal Fencing
G. Section 07 - Plant Materials
1.03 Additional Information
A. All information under General Instructions To Bidder, General Conditions of
Agreement, and Special Conditions apply to this section.
B. These plans and specifications were prepared by the Parks Department (which
shall be called Owner). 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 can begin.
C. Bidder shall be prepared to send owner a price breakdown of any and/or all
items he has bid on. Price breakdowns will only be requested after the bid
opening has taken place.
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2. Quality Assurance
2.01 Contractors on Site Responsibilities
A. Contractor shall take all precautions necessary to protect all existing trees,
shrubbery, 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
property to the job site. The Contractor shall rebuild, restore, and make good
at his own expense, all injury and damage to same which may result from work
being carried out under this contract.
B. The Contractor shall not park or drive any vehicles or equipment beneath the
drip line of on -site trees and shrubs. Contractor and employees shall not park
on unsurfaced property and shall not drive vehicles across land unless it is
directly necessary to deliver materials to the job site. Pre -mix concrete trucks
delivering concrete to the site shall not dump slag or wash down their vehicles
on property or adjacent private: property. Contractor shall be responsible for
notifying concrete truck drivers of this policy.
C. The Contractor shall take all necessary precautions to assure the safety of the
visitors during the 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 Owner.
D. Any utility and irrigation lines shown on plans are for design and'construction
information only. The depth of utility lines are not guaranteed. All
underground lines are referenced from known surface structures. It is not
implied that all existing public utility lines are shown on plan. The Contractor's
attention is directed to the fact that other underground utility lines may exist
that the Owner is not aware of. The owner does not assume any responsibility
for any public utilities which 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.
E. Contractor shall be responsible for protection of unfinished work and shall be
responsible for the safety of users utilizing the unfinished equipment.
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.
F. 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 contractor
at 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.
G. Contractor shall be responsible for removal, hauling, and disposal of all
construction debris and unusable material from proposed construction areas
and designated sites as shown on plans and in specifications. Owner shall
retain the right to any existing materials deemed to have value.
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I H. Contractor is responsible for inspection of site, to verify all existing
conditions. Contractor shall be responsible to fully and properly complete all
r~ work as described in the specifications and shown on plans.
I. To furnish and supply all supervision, equipment, and labor necessary to
perform excavation, grading, backfill, compaction, and stock piling of material
r' as specified herein and on the plans.
2.02 Product Delivery, Storage, and Handling
A. Protect all materials from inclement weather: wet, damp, extreme heat, or
cold,theft, damage, or vandalism.
B. All manufacturer's labels, installation instructions, and shop drawings shall be
in included for each item ordered.
2.03 Clean-up
A. Demolition debris shall be removed from the site prior to comencement of
construction work
B. Within three days after completion of site, the contractor shall clean, remove
rubbish and temporary structures from the site, restore in an acceptable manner
all property, to It's original integrety both public and private, which has been
damaged during the prosecution of work, and leave the site of the work in a
neat and presentable condition throughout. 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.
C. Contractor shall clean up and haul off all construction debris, including
excavated rock material. Area shall be graded back into existing grade
smoothly.
D. All spare parts or other pieces of equipment shall be turned over to the Owner
following completion of the project.
2.04 Warranty
A. Contractor shall guarantee all labor, workmanship, and materials supplied by
contractor for a period of one (1) year from date of acceptance.
B. Repairs made necessary due to faulty workmanship shall be made promptly by
Contractor at Contractor's expense.
End -of -Section
teatr.doc 3
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SECTION 02 PRODUCT SUBSTITUTION
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1. General
1.01 Work included
A.
Section 01 - Summary of Work
C.
Section 03 - Concrete
D.
Section 04 - Brickwork
E.
Section 05 - Irri ag_ tion
F.
Section 06 - Metal Fencing
G.
Section 07 - Plant Materials
2. Substitutions
1
2.01 Conditions for substitutions ("OR EQUAL")
A.
In the event that the clause "OR EQUAL" is used in the specifications
pertaining to materials, the Bidder desiring to make substitutions for specified
`
equipment shall submit the following:
1. Product identification, including manufacturer's name, address, and product
literature.
2. Product description.
�..
3. Product performance and test date.
4. Reference standards.
5. Manufacturer instructions for maintanence and repairs.
B.
Request for substitution should be included with the overall bid and will be
considered before contract is awarded.
C.
After contract is awarded, no substitutions will be considered. It will be
rt
Bidder/Contractor's responsibility to ensure the availability of specified product
or substitution before bid date.
D.
Bidder shall provide the same guarantee for substitution as for product or
method specified.
E.
Bidder shall coordinate installation of accepted substitution into work, making
such changes as may be required for work to be complete in all aspects.
F.
Bidder shall waive all claims for additional costs related to substitution which
consequently becomes apparent.
G.
Bidder shall be prepared to send owner a price breakdown of any and/or all
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items he has bid on. Price breakdowns will only be requested after the bid
opening has taken place.
2.02 Substitutions will not be considered if:
A. They are indicated or implied on shop drawings or project data submittals
without being formally described in detail as to their differences from what was
originally specified.
B. Acceptance will require substantial revision of the original layout of the
project.
End of Section
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teatr.doc 4
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SECTION 03 CONCRETE WORK
1. General
1.01 Work included
A. Section 01 - Summary of Work
B. Section 02 - Product Substitution
D. Section 04 - Brickwork
E. Section 05 - Irrigation
F. Section 06 - Metal Fencing
G. Section 07 - Plant Materials
'
1.02 Subgrade Preparation
Subgrade preparation to include removal, hauling, and :disposal of all excavation of
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sub -soil, concrete, construction debris, unusable material, and any other
`
obstructions shown on plans or as designated by Owner.
1.03 Site Preparation
A. Contractor is responsible for layout of work based on plan dimensions,
excavation, grading, leveling, and compaction of subgrade and fill material.
B. Owner will approve initial elevation of slabs for structures and contractor shall
be responsible for all sidewalk grades.
C. Contractor shall verify work to Owner after subgrade preparation is completed
prior to actual construction.
1.04 Codes and Standards:
A.
Comply with the provisions of the following codes, specifications and
standards, except where more stringent requirements are shown or specified.
B.
ACI 347 "Recommended Practice for Concrete Form Work." ACI 304
E .
Recommended Practice for Measuring, Mixing, Transporting and Placing
Concrete." Concrete Reinforcing Steel Institute, "Manual of Standard
Practice."
C.
All handicap accessibility and ramps shall comply with current ADA guidelines
and recommendations.
1.05 Workmanship:
!�
A.
The Contractor is responsible for correction of concrete workwhich does not
conform to the specified requirements, including strength, tolerances and
finishes. Correct deficient concrete as directed by the Owner.
B.
Contractor to have a minimum of 3 years experience in forming and pouring
concrete of a similar nature and scope.
C.
Concrete shall meet minimum strength specified on details.
D.
Contractor shall, at Owner's request, submit proof or test data of concrete to
be used. Contractor shall be responsible for type of concrete delivered by
ready mix plant.
!I
teatr.doc
5
2. Products
2.01 Form Material:
A. Forms for Concrete: Unless otherwise shown or specified, construct all Form
work for concrete surfaces with plywood, metal, metal -framed, plywood -
faced, or other acceptable panel -type materials, to provide continuous, straight,
smooth, surfaces. Finish in largest practicable sizes to minimize number of
joints, and to conform to joint system shown on drawings. Provide form
material with sufficient thickness to withstand pressure of newly -placed
concrete without bow or deflection. Forms used for this class of concrete shall
be new or "good -as -new."
B. Use Plywood complying with U.S. Product Standard PS-1 "b-B (Concrete
Form) Plywood" Class 1, Exterior Grade or better, mill -oiled and edge -sealed,
.with each piece bearing legible trademark of an approved inspection agency,
unless otherwise acceptable to Owner.
2.02 Reinforcing Materials:
A. Reinforcing Bars: ANSVASTM A 615, with Supplementary Requirements
(sl), and as follows:
Provide Grade 60, except No. 3 ties and stirrups may be Grade 40.
B. Welded Wire Fabric: ANSI/ASTM A 185, welded steel wire fabric.
C. Supports for Reinforcement: Provide supports for reinforcement including
bolsters, chairs, spacers and other devices for spacing, supporting and fastening
reinforcing bars and welded wore fabric in place. Use wire bar type supports
complying with CRSI, unless otherwise specified. Wood, brick and other
devices will not be acceptable.
1. For slabs -on -grade, use supports with sand plates for horizontal runners
where wetted base materials will not support chair legs.
2. For exposed -to -view concrete surfaces, where legs of supports are in
contact with forms, provide supports with legs which are hot / dip
galvanized, or plastic protected or stainless steel protected.
2.03 Concrete Materials:
A. Portland Cement: ANSVASTM C 150, Type I with fibermesh, unless
otherwise acceptable to Owner.
B. Use only one brand of cement throughout the project, unless otherwise
acceptable to Owner.
C. Aggregates:
1. Clean, sharp, natural sand free from loam, clay, lumps or other deleterious
substances. Dune sand, bank -run sand, and manufactured sand are not
acceptable.
2. Coarse Aggregate: ANSI/ASTM C33. Clean, uncoated, processed
aggregate containing no clay, mud, loam, or foreign matter as follows:
teatr.doc 6
a. Crushed stone, processed form natural rock or stone.'
b. Washed gravel, either natural or crushed. Use of pit or bank- run gravel
is not permitted.
c. Provide aggregate from a single source for all exposed concrete.
4. Maximum Aggregate Size: Not larger than one -fifth of the: narrowest
dimension between sides of forms, one-third of the depth of slabs, nor
three -fourths of the minimum clear spacing between individual reinforcing
bars or bundles of bars.
5. These limitations may be waived, if in the judgment of the Owner,
workability and methods of consolidation are such that concrete can be
r•
placed without honeycomb or voids.
k 2.04 Water:
Clean, fresh, drinkable.
2.05 Air -Entraining Admixture:
... ANSI/ASTM C 260.
2.06 Water -Reducing Admixture:
ANSI/ASTM C 490, Type A, containing not more than 1% chloride ions.
2.07 Set -Control Admixtures:
ASTM. C 494, as follows:
Type B, Retarding.
Type C, Accelerating.
Type D, Water -reducing and Retarding.
Type E, Water -reducing and Accelerating.
Calcium chloride will not be permitted in concrete, unless otherwise authorized in
writing by Owner.
2.08 Related Materials:
A. Expansion Joints: One-half inch, 1/2", Bituminous expansion joints. Joints of
12' or less shall be one continuous piece installed as shown on detail.
B. Preformed Expansion Joint Fillers: Pre -molded fiber fill expansion joint filler
1/2" wide and shall extend the full depth of the concrete as specified on detail.
The top of the filler shall have a 1/8" radius; the top of 1/2" of the joint shall
be filled with Urethane Sealant colored to match surrounding finish color.
Joints of 12' or less shall be one continuous piece installed as shown on detail.
C. Absorptive Cover: Burlap cloth made from jute or kenaf, weighing
approximately 9 oz. pr. sq. yd., complying with AASHO M 182, Class 3.
D. Moisture -Retaining Cover: One of the following, complying with ASTM C
171.
Waterproof paper
a I Polyethylene film
Polyethylene -coated burlap
teatr.doc 7
0
2.09 Proportioning and Design of Mixers:
Exterior concrete shall contain six (6) sacks (564 lb.) of cement per cubic yard of
concrete, 6% plus or minus 1% of entrained air, coarse aggregate 1" or smaller
and shall be poured with a slump of 5" plus or minus 1" unless noted otherwise.
2.10 Admixtures:
A., Use air -entraining admixture in exterior exposed concrete, unless otherwise
indicated. Add air -entraining admixture at the manufacture's prescribed rate to
result in :concrete at the point of placement having air content within the
Mowing limits:
1. Concrete structures and slabs exposed to freezing and thawing or subjected
to hydraulic pressure:
2. 6% for maximum 1" aggregate.
6% for maximum 3/4" aggregate.
B. Use admixtures for water -reducing and set -control in strict compliance with the
manufacturer's directions.
C. Use amounts of admixtures as recommended by the manufacturer for climactic
conditions prevailing at the time of placing. Adjust and types of admixtures as
required to maintain quality control.
2.11 Slump Limits:
Proportion and design mixes to result in concrete slump at the point of placement
as follows:
1. Ramps and Sloping Surfaces: Nat more than Y.
2. All Other Concrete: Not less than 1" and not more than 4".
2.12 Concrete Mixing:
''A -.'Ready -Mix Concrete: Comply with the requirements of ANSI/ASST. C 94,
and as herein specified.
B, Delete the references for allowing additional water to be added to the batch for
material with insufficient slump. Addition of water to the batch will not be
permitted.
C.. During hot weather, or under conditions contributing to rapid setting of
concrete, a shorter mixing time than specified in ANSI/ASTM C 94 may be
required.
D. When the air temperature is between 85 degrees F. and 90 degrees F. , reduce
the mixing and delivery time from 1-1/2 hours to 75'minutes, and when the air
temperature is above 90 degrees F. , reduce the mixing and delivery time to 60
minutes.
teatr.doc 8
3. Execution
3.01 Forms:
two!A
General
c
1.
Design, erect, support, brace, and maintain formwork to support
vertical and lateral loads that might be applied until such loads can be
supported by the concrete structure. Construct form work so concrete
members and structures are of correct size, shape, alignment, elevation
and position.
t
2.
Design form work to be readily removable without impact, shock, or
damage to cast -in -place concrete surface and adjacent materials.
3.
Forms shall not leak cement paste.
r4.
Fabricate forms for easy removal without hammering or prying against
the concrete surfaces. Provide crush plates or wrecking plates where
stripping may damage cast concrete surfaces. Provide top forms for
inclined surfaces where slope is too steep to place concrete with
bottom forms only. keep wood inserts for forming key ways, reglets,
5.
recesses and the like, to prevent swelling and for easy removal.
Provide temporary openings where interior area of formwork is
inaccessible for clean -out, for inspection before concrete placement,
and for placement of concrete. Securely brace temporary openings and
set tightly to form to prevent loss of concrete mortar. Locate
temporary openings on forms at inconspicuous location.
6.
Chamfer exposed corners and edges as shown, using wood, metal, PVC
+
or rubber chamfer strips fabricated to produce uniform smooth lines
and tight edge joints.
B. Form Ties:
1. Factory -fabricated, adjustable -length, removable, or snap off metal form
ties, designed to prevent form deflection, and to prevent spalling
+
concrete surfaces upon removal.
, 2. Unless otherwise shown, provide ties to portion remaining within
concrete after removal is at least 1 1/2" inside concrete. Unless
otherwise shown, provide form ties which will not leave holes larger
than 1" diameter in concrete surface.
C. Cleaning and Tightening:
1. Thoroughly clean forms and adjacent surfaces to receive concrete.
Remove chips, wood, sawdust, dirt or other debris just before concrete
is placed.
2. Re -tighten forms after concrete placement if required to eliminate
mortar leaks.
3.02 Placing Reinforcing:
A. Comply with the specified codes and standards, and Concrete Reinforcing
Steel Institute's recommended practice for "Placing Reinforcing Bars", for
details and methods of reinforcement placement and supports, and as herein
specified.
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B. Clean reinforcement of loose rust and mill scale, earth, ice, and other materials
which reduce or destroy bond with concrete.
C. Accurately position, support, and secure reinforcement against displacement by
Form work, construction, or concrete placement operations. Locate and
support reinforcing by metal chairs, runners, bolsters, spacers and hangers,
as required.
D. Place reinforcement to obtain at least the minimum coverage for concrete
protection. Arrange, space and securely tie bars and bar supports to hold
reinforcement in position during concrete placement operations. Set wire ties
so ends are directed into concrete, not toward exposed concrete surfaces.
E. Do not place reinforcing bars more than 2" beyond the last leg of continuous
bar support. Do not use supports as bases for runways for concrete conveying
equipment and similar construction loads.
F. Install welded wire fabric in as long lengths as practicable. ;Lapadjoining pieces
at least one full mesh and lace splices with wire. Offset end laps in adjacent
widths to prevent continuous laps in either direction.
3.03 Joints: General
A. Construction Joints: Locate and install construction joints so as not to impair
the strength and appearance of the structure, as acceptable to the Owner. —
1. Provide key ways at least 1 1/2" deep in all construction joints in walls,
slabs and between walls and footings; acceptable bulkheads designed for
this purpose may be used for slabs.
2. Place construction joints perpendicular to the main reinforcement. Continue
all reinforcement across construction joints.
B. Control Joints in Slabs -on -Ground: Construct control joints in slabs -on -
ground to form panels or patterns as shown or directed. Use screed type joints
equal to those manufactured by. Superior Concrete Accessories, Inc. Screed
Key joints are of 24 guage galvanized steel with 1 1/8" dowel knockouts at 6"
on centers. Install with a minimum of five special 16 guage by 1" stakes per
ten feet of length of material., If saw cut control joints are used, they shall be
made with a power saw fitted with an abrasive or diamond blade. Saw cuts
must be one-fourth the slab thickness. Sawing shall begin as soon as the
concrete surface is firm enough so that it will not be torn or damaged by the _
blade. This will be within 4 to 12 hours after the concrete hardens.
C. Isolation Joints in Slabs -on -Ground: Construct isolation joints in slabs on
ground at all points of contact between slabs on ground and vertical surfaces,
such as column pedestals, foundation walls, grade beams and elsewhere as
indicated.
D. Expansion Joints: Provide Pre -molded joint filler or other specified material
for expansion joints abutting concrete curbs, catch basins, manholes, inlets,
structures, walks, and other fixed objects.
teatr.doc 10
E.
7
F.
1. Expansion joints shall be at 20' o.c., unless otherwise shown.
2. Extend joint fillers full -width and depth of joint, and not less than 1/2" or
more than 1" below finished surface. Furnish joint filler in one-piece
lengths for the full width being place, wherever possible. Where more than
one length is required, lace or clip joint filler section together. Form top
edge of filler to conform to top profile of concrete.
3. Protect the top edge of the joint filler during concrete placement with a
metal cap or other temporary materials. Remove protection after both
sides of joint are placed.
4. Expansion joints shall be located at the intersections of all concrete
elements and at least every 30' in sidewalks or every 15' to 20' each way in
larger areas. Expansion joints shall be 1/2" wide and contitin a 1/2"
premolded fiberfill expansion joint filler. The top of the joint shall have a
1/8" radius; the top 1/2" of the joint shall be filled with a gray colored
urethane sealant.
Edge Forms and Screed Strips for Slabs: Set edge forms for bulkheads and
intermediate screed strips for slabs to obtain the required elevations and
contours in the finished slab surface. Provide and secure units sufficiently
strong to support the types of screeds required. Align the concrete surface to
the elevation of the screed strips by the use of strike -off templates or accepted
compacting type screeds.
Preparation of Form Surfaces: Coat the contact surfaces of forms with a form -
coating compound before reinforcement is placed. Provide commercial
formulation form -coating compounds that will not bond with, stain nor
adversely affect concrete surfaces, and will not impair subsequent treatment of
concrete surfaces requiring bond or adhesion, nor impede wetting of surfaces
to be cured with water or curing compounds. Thin form -coating compounds
only with thinning agent of type, and in amount, and under conditions of the
form -coating compound manufacturer's directions. Do not allow excess form -
coating material to accumulate in the forms or to come into contact with
concrete surfaces against which fresh concrete will be placed. Apply in
compliance with manufacturer's instructions.
3.04 Concrete Placement:
A. General:
1. Comply with ACI 614, and as herein specified.
2. Deposit concrete continuously or in layers of such thickness that no
concrete will be placed on concrete which has hardened sufficiently to
cause the formation of seams or planes of weakness within the section. If a
section cannot be placed continuously, provide construction joints as herein
specified.
3. Deposit concrete as nearly as practicable to its final location to avoid
segregation due to re -handling or flowing.
7
7teatr.doc 11
B. Pre -Placement Inspection: '
1. Before placing concrete, inspect and complete the Formwork installation,
reinforcing steel, and items to be embedded or cast -in.
2. Thoroughly wet wood forms immediately before placing concrete, as
required where form coatings are not used.
C. Placing Concrete in Forms:
1. Deposit concrete in forms in horizontal layers not deeper than 18" and in a
manner to avoid inclined construction joints.
2. Consolidate placed concrete by mechanical vibrating equipment
supplemented by hand -spading, rodding or tamping. Use vibrators
designed to operate with vibratory element submerged in concrete,
maintaining a speed of not less than 6000 impulses per minute.
3. Do not use vibrators to transport concrete inside of forms. Insert and
withdraw vibrators vertically at uniformly spaced locations not farther than
the visible effectiveness of the machine. Do not insert vibrators into lower
layers of concrete that have begun to set, At each insertion, limit the
duration of vibration to the time necessary to consolidate the concrete and
complete embodiment of reinforcement and other embedded items without
causing segregation of the mix.
D. Placing Concrete Slabs:
1. Deposit and consolidate concrete slabs in a continuous operation, within the
limits of construction joints, until the placing of a panel or section is
completed.
2. Consolidate concrete during placing operations so that concrete is
thoroughly worked around reinforcement and other embedded items and
into corners.
3. Bring slab surfaces to the correct level with a straightedge and strike off.
Use bull floats or Darbies to smooth the surface, leaving it free of humps or
hollows. Do not sprinkle water on the plastic surface. No not disturb the
slab surfaces prior to beginning finishing operations.
4. Maintain reinforcing in the proper position during concrete placement
operations.
3.05 Finish of Formed Surfaces:
A. Finishing Procedures:
1. After striking -off and consolidating concrete, smooth the surface by
screeding and floating. Do not use "Jitterbugs": Use hand methods only
where mechanical floating is not possible. Adjust the floating to compact
'the surface and produce a uniform mixture.
2. After floating, test surface for trueness with a 10" straightedge. Distribute
concrete as required to remove surface irregularities, and refloat repaired
areas to provide a continuous, smoother finish.
3. Work edges of slabs, gutters, back top edge of curb, and formed joints with
an edging tool, and round to 1/2" radius, unless otherwise shown.
Eliminate any tool marks on concrete surface.
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4. After completion of floating and excess moisture or surface sheen has
disappeared complete, surface finishing as follows:
-� Broom Finish:
a. Broom finish, by lightly drawing a fine broom across concrete surface.
Repeat operation if required to provide a fine line texture acceptable to
r" the Owner.
b. On inclining slab surfaces, provide a coarse, non -slip finish by scoring
surface with a stiff -bristled broom.
f
3.06 Concrete Curing and Protection:
A. General: Contractor shall be responsible for the protection of uncured
concrete. Contractor shall allow no stray marking or footprints to be
'
placed in the uncured concrete. Protect freshly placed concrete from
premature drying and excessive cold or hot temperature, and maintain without
drying at a relatively constant temperature for a period of time necessary for
hydration of cement and proper hardening.
I. Start initial curing application as soon as free water has disappeared from
concrete surface after placing and finishing. Weather permitting, keep
continuously moist for not less than 72 hours.
2. Begin final curing procedures immediately following initial curing and
before concrete has dried. Continue final curing for at least 168 cumulative
hours (not necessarily consecutive) during which concrete has been
exposed to air temperatures above 50 degrees F. Avoid rapid drying at end
of final curing period.
B. Curing Methods: Perform curing of concrete by moist curing or by
moisture retaining cover curing or by combinations thereof, as herein
specified.
1. Provide moisture curing by following methods:
2. Keep concrete surface continuously wet by covering with water.
Continuously water -fog spray.
3. Covering concrete surface with specified absorptive cover, thoroughly
saturating cover with water and keeping continuously wet. Place
absorptive cover to provide coverage of concrete surfaces and edges,
with 4" lap over adjacent absorptive covers.
4. Provide moisture -cover curing as follows: Covering concrete surfaces
with moisture -retaining cover for curing concrete, placed in widest
practicable width with sides and ends lapped at least 3" and sealed by
water proof tape or adhesive. Immediately repair any holes or tears
during curing period using cover materials and waterproof tape.
C. Curing Formed Surfaces: Cure formed concrete surfaces, including
undersides of beams, supported slabs and other similar surfaces, by moist
curing with forms in place for full curing period, or until forms are
removed. If forms are removed, continue curing by methods specified
above, as applicable.
teatr.doc 13
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D. Curing Unformed Surfaces: Initially cure unformed surfaces, such as slabs,
floor topping, and other flat surfaces by moist curing.
1. Final cure unformed surfaces, unless otherwise specified, by methods
specified above, as applicable.
2. Final cure concrete surfaces to receive liquid floor hardener or finish
flooring by use of moisture -retaining cover, unless otherwise directed
3.07 Miscellaneous Concrete Items:
A. Filling -In: Fill- in holes and openings left in concrete structures for passage of
work by other trades, unless otherwise shown or directed, after work of other
trades is in place. Mix, place and cure concrete as herein specified, to blend
with in -place construction. Provide other miscellaneous concrete filling shown
or required to complete work.
B. Curbs: Provide monolithic finish to interior curbs by stripping forms while
concrete is still green and steel -troweling surfaces to a hard, dense finish with
corners, intersections, and terminations slightly rounded.
C. Sleeves:' Provide sleeves where need for poles within concrete pad for
underground service elements as shown on plan. Sleeves shall be 4" PVC
Schedule 40 pipe or as specified on plans, and have 4" of cover minimum.
These sleeves shall be made aware to owner upon completion.
3.08 Concrete Surface Repairs:
A. Patching Defective Areas: Repair and patch defective areas with cement
mortar immediately after removal of forms, but only when acceptable to
Owner.
B. Cut out honeycomb, rock pockets, voids over 1/4" in any dimension, and holes
left by tie rods and bolts, down to solid concrete but, in no case to a depth of
less than V. Make edges of cuts perpendicular to the concrete surface.
Before placing cement mortar or proprietary patching compound, thoroughly
clean, dampen with water and brush -coat the area to be patched with neat
cement grout, or proprietary bonding agent.
C. For exposed -to -view surfaces, blend white portland cement and standard
portland cement so that, when dry, patching mortar will match color
surrounding. Provide test areas at inconspicuous location to verify mixture
and color match before proceeding with patching. Compact mortar in place
and strike -off slightly higher than surrounding surface.
D. Repair of Formed Surfaces: Remove and replace concrete having defective
surfaces if defects cannot be repaired to satisfaction of Owner. Surface
defects, as such, include color and texture irregularities, cracks, spalls, air
bubbles, honeycomb, rock pockets, fins and other projections on surface, and
stains and other discoloration that cannot be removed by cleaning. Flush out
form ties holes, fill with dry pack mortar, or precast cement cone plugs secured
in place with bonding agent.
teatr.doc 14
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a
E Repair finished unformed surfaces that contain defects with adversely affect
f^
durability of concrete. Surface defects, as such, include crazing, cracks in
excess of 0.01" wide or which penetrate to reinforcement or completely
through non -reinforced sections regardless of width, spalling, pop -outs,
honeycomb, rock pockets, and other objectionable conditions.
F. Correct high areas in unformed surfaces by grinding, after concrete has cured at
least 14 days.
G. Correct low areas in unformed surfaces during, or immediately after
completion of surface finishing operations by cutting out low areas and
replacing with fresh concrete. Finish repaired areas to blend into adjacent
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concrete. Proprietary patching compounds may be used when acceptable to
Owners.
H. Repair defective areas, except random cracks and single holes not exceeding 1"
diameter, by cutting out and replacing with fresh concrete. Remove defective
areas to sound concrete with clean, square cuts and expose reinforcing steel
with at least 3/4" clearance all around. Dampen concrete surfaces in contact
with patching concrete, and brush with a neat cement grout coating or
concrete bonding agent. Na patching concrete of same materials to provide
concrete of the same type or class as original concrete. Place, compact and
finish to blend with adjacent finished concrete. Cure in the same manner as
adjacent concrete.
I. Repair isolated random cracks and single holes not over 1" in diameter by dry -
pack method. Groove top of cracks and cut-out holes to sound concrete and
clean of dust, dirt and loose particles. Dampen cleaned concrete surfaces and
brush with neat cement grout coating or concrete bonding agent. Mix dry -
pack, consisting of one part portland cement to 2-1/2 parts fine aggregate
passing a No. 16 mesh sieve, using only enough water as required for handling
and placing. Compact dry -pack mixture in place and finish to match adjacent
1.
I
concrete. Keep patched area continuously moist for not less than 72 hours.
1. Use epoxy -based mortar for structural repairs, where directed by Owner.
!"
2. Repair methods not specified above may be used, subject to acceptance of
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Owner.
3.09 Quality Control Testing During Construction:
A. Sampling and testing for quality control during the placement of concrete may
include the following, as directed by the Owner:
1. Sampling Fresh Concrete: ASTM C 172, except modified for slump to
comply with ASTM C 94.
2. Slump: ASTM C 143; one test for concrete load at point of discharge; and
one test for each set of compressive strength test specimens.
3. Air Content: ASTM C 173, volumetric method for lightweight concrete;
ASTM C 231 pressure for normal weight concrete; one for each set of
compressive strength test specimens.
teamdoc 15
4. Concrete Temperature: Test hourly when air temperature is 40 degrees F.
and below, and when 80 degrees F. , and above; and each time a set of
compression test specimens is made.
5. Compression Test Specimen: ASST. C 31; one set of 6 standard cylinders
for each compressive strength test, unless otherwise directed. Mold, label,
and store cylinders (do not leave on site) for laboratory cured test
specimens except when field -cure test specimens required.
6. Compressive Strength Tests: ASST. C 39; one set for each 100 cu. yd. or
fraction thereof, of each concrete class placed in any one day or for each
5,000 sq. ft. of surface area place; 2 specimens tested at 7 days, 3
specimens tested at 28 days, and one specimen retained in reserve for later
testing if required. Testing will be done by the contractor with on expense
to the owner.
a. When the frequency of testing will provide less than 5 strength test for a
given class of concrete, conduct testing from at least 5 randomly
selected batches, or from each batch if fewer than 5 are used.
b. When the total quantity of a given class of concrete is less than 50 cu.
yd., the strength test may be waived by the Owner if, in his judgment,
c adequate evidence of satisfactory strength is provided.
c. When the strength of field -cured cylinders is less than 85% of
companion laboratory -cured cylinders, evaluate current operations and
provide corrective procedures for protecting and curing the in -place
concrete.
B. Test results will be reported in writing to the Owner and the Contractor on the
same day that tests are made. reports of compressive strength tests shall
contain the project identification name and number, date of concrete
placement, name of concrete testing service, concrete type and class, location
of concrete batch in the structure, design compressive strength at 28 days,
concrete mix proportions and materials, compressive breaking strength and
type of break for both 7-day tests and 28-day tests.
C. Additional Tests: The testing service will make additional tests of in -place
concrete when test results indicate the specified concrete strength and other
characteristics have not been attained in the structure, as directed by the
Owner. The testing service may conduct tests to determine adequacy of
concrete by cored cylinders complying with ASTM C 42, or by other methods
as directed. Contractor shall pay for such tests conducted, and any other
additional testing as may be required, when unacceptable concrete is verified.
End -of -Section
teatr.doc 16
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E
SECTION 04 BRICK WORK
General
1.01 Scope of Project
To furnish and supply all superintendency, labor, equipment, materials and
incidentals necessary to fully and properly complete all construction of the brick
wall in accordance with drawings and specifications for the Garden and Arts
Center & Tea Terrace at Clapp Park.
1.02 Work Included:
A. Section 01 - Summary of Work
B. Section 02 Product Substitution
C. Section 03 - Concrete
E. Section 05 - Irrigation
F. Section 06 - Metal Fencing
G. Section 07 - Plant Materials
1.03 Additional Information
A. All information under General Instruction to Bidder, General Conditions of
Agreement, and Special Conditions apply to this section.
2.01 Materials
A. Brick shall be from dense hard fired clay. Contractor shall select bricks of
excellent condition. Brick shall be modular 2 1/4" x 3 5/8" x 7 5/8" Boral by
henderson, velour texture, 9303 FW. Suggested vendor is Brunson Brick &
Stone, Inc., 525 - 32nd St., Lubbock, Texas, phone 806/744-1812 or approved
equal.
B. Brick selected by contractor shall be free of objectionable chippage, size
variation and other defects. Broken or cracked bricks shall not be used.
C. Mortar: Type S, mix by proportions in accordance with B 1 A MI4Z.
D. Brick ties and re -bar shall be clean and free of rust and be new, unused
material.
E. Brick wall capstone as indicated on plans shall be topped with natural cut stone
cap to match existing.
3. Quality Assurance
A. No anti -freeze compounds or other substances shall be added to mortar.
B. No air -entraining admixtures, or material containing air -entraining admixtures
will be allowed.
C. Water must be clean and free of deleterious amounts of acids, alkalies, and
organic material.
D. Contractor shall leave area clean and haul of extra materials, trash, and any
equipment used for job.
E. Contractor shall prevent grout or mortar from staining the face of masonry
walls and shall clean up any concrete or mortar spills. Contractor shall not
wash concrete trucks or concrete equipment on the site.
F. Contractor shall cut bricks with a motor -driven saw.
G. Mortar joint thickness shall be 3/8".
4. Safety
7
twtr.doc 17
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A. Contractor shall use barricades and/or rope off hazardous work areas if
necessary to protect the public health, safety, and welfare.
B. Contractor shall protect existing utilities including irrigation system, and shall
be responsible for any damage to such utilities.
C. Contractor to protect existing landscaping and shall be responsible for any
damage to such landscaping.
5. Protection of Materials
A. Brick shall be stored in a manner which prevents mud, dust, or materials likely
to cause staining or other defects from coming into contact with it.
B. Cover materials when necessary to protect from elements. Protect
reinforcement from elements.
C. Cover partially completed walls when work is not in progress. Hold cover
securely in place.
D. Cold Weather Protection:
1. Preparation:
a. If ice or snow has formed on masonry bed, remove by carefully pplying
heat until top surface is dry to the touch.
b. Remove all masonry deemed frozen or damaged.
2. Products:
a. When brick suction becomes excessive, sprinkle with heated water:
i. When units are above 32 degree F (0 degree C.), heat water above
70 degree F. (21 degree Q.
ii. When units are below 32 degree F. (0 degree C.), heat water above
130 degree F. (54 degree C.).
b. Use dry masonry units.
c. Do not use wet or frozen units.
3. Construction requirements while work is progressing:
a. Air temperature 40 degree F. (4 degree C.) to',32 deg F(0 deg C) Heat
sand or mixing water to produce mortar temperatures between 40
degree F. (4 degree C.) & 120 deg F (49 deg C)
b. Air temperatures 25 degree F. (4 degree C.) to 20 degree F. (=7 degree
C.): Heat sand and mixing water to produce mortar temperatures
between 40 degree F. (4 degree C.) and 120 degree F. (49 degree C.).
c. Air temperatures 25 degree F. (4 degree C.) to 20 F. (-7 C):
i. Heat sand and mixing water to produce mortar temperatures
between 40 degree F. (4 degree C.) and 120 F. (49 deg C.).
I Maintain mortar temperatures on boards above freezing.
iii. Use salamanders or other heat sources on both sides of walls under
construction.
iv. Use windbreaks when wind is in excess of 15 mph.
d. Air temperatures 20 degree F. (-7 C.) and below:
i. Heat sand and mixing water to produce mortar temperatures
between 40 degree F. (4 degree C.) and 120 degree F. (49 degree
C.).
I Provide enclosures and auxiliary heat to maintain air temperature
above 32 degree F. (0 degree C.).
iii. Minimum temperature of units when laid: 20 degree F. (-7 degree
C.).
teatr.doc 118
4. Protection requirements for completed masonry and masonry not being
worked on:
a. Mean daily air temperature 40 degree F. (4 degree C.) to 32 degree F. ,
(0 degree C.): Protect masonry from rain or snow for 24 hr. by
covering with weather -resistive membrane.
b. Mean daily air temperature 32 degree F.(0 degree C.): Completely
cover masonry with weather -resistive membrane for 24 hr.
6. Clean -Up and Final Inspection
A. Contractor to clean brick thoroughly with 20% solution of muriatic acid to
remove any efflorescence present.
B. After all clean-up is completed Contractor shall notify Owner for a final
inspection. At this time, if work is completed according to specifications and
Owner's satisfaction, a Notice of acceptance will be issued.
7. Warranty
Contractor shall guarantee all workmanship for a period of one (1) year from date of
j final acceptance. During this time, Contractor shall correct, at his expense, any defects
or faults which occur.
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End - of - Section
teamdoc 19
7
SECTION 05 IRRIGATION SYSTEM
1.1 Work included:
�..
A. Section 01 - Summary of Work
B. Section 02 - Product Substitution
C. Section 03 - Concrete
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D. Section 04 - Brickwork
E. Section Ob - Metal Fencing
G. Section 07 - Plant Materials
2.1 Qualifications of Bidder -Licensing
A. Bidder shall be a registered Contractor and be a licensed irrigation installer
in the state of Texas or from the state where Contractor is based. Out of
state licensing shall only be acceptable if the licensing state shares
reciprocity with Texas. License will be verified by city staff prior to
issuance of building permit. A licensed irrigator or installer shall be on the
job site at all times irrigation work is in progress.
B. Bidder shall have satisfactorily completed a minimum of 3 comparable size
automatic systems and be prepared to provide written references from each.
C. Owner reserves the right to reject any bid if bidder is not qualified based on
the above given criteria.
2.2 Codes and Standards
A. Bidder to conform to all local, state, and federal codes and ordinances.
t
2.3 Discrepancies
A. It is the intent of this contract that all work must be done and all material
must be furnished in accordance with the generally accepted practice of the
area, and in the event of any discrepancies between the plans and
specification arise or doubts as to the meaning and intent of any portion of
the contract, the Owner shall define which is intended to apply to the work.
3. Site Conditions
3.1 Examination of Sites
A. Bidder shall visit the project site and compare drawings and specifications
to actual site. Failure to do so will in no way relieve the successful
Bidder from the responsibility of completing the project in
accordance to project specifications at additional cost to the
.,.. Owner.
teatr.doc 20
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3.2 Utilities
A. Contractor's attention is directed to the fact that other underground utility
lines may exist that Owner is not aware of. It is 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. `
B. Water Supply (if applicable) - Meter or other water source already installed.
Contractor is responsible for hook-up from meter to system.
C. Electrical Power Supply(if applicable) - Power to the meter box to be
installed by Contractor. Contractor shall set the meter box. Contractor
shall run power to the controller. Contractor.must satisfy City of Lubbock
electrical codes for hook-up. Contractor is required to have a licensed
electrician provide the electrical hook-ups.
D. Bores ( if applicable) - Contractor is responsible for bores and sleeving
necessary to go under city streets to provide any utility service to the project
site. Bored holes shall be of the smallest diameter which will permit
installation of encasement pipe. Pipe sleeving under city streets shall be 16
gauge smooth steel pipe with a minimum wall thickness of one -quarter (1/4)
inch. Irrigation lines crossing sidewalks shall be sleeved with P.V.C. pipe.
Pipe to be large enough for irrigation pipe and conduit for electrical control
wires (if necessary).
4. Field Quality Control
4.1 Responsibility of Materials
A. 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.
4.2 Responsibility of Property
A. 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 Contractor at his own expense to the
satisfaction of the Owner.
B. All trenching or any excavation is to be no less than six (6) feet from the
trunk of any plant material. If questions arise, Contractor shall contact
Owner for clarification.
4.3 Barricades and Protective Measures
A. Contractorshall be responsible for the protection of unfinished work.
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.
teatr.doc 21
B. 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.
5. Submittals
5.1 Shop Drawings
A. Contractor shall submit shop drawings to owner before any irrigation
i t installation has begun. Shop drawings to include complete layout and
detail drawings illustrating the location and type of all heads, valves, piping
circuits, controls, and accessories.
IF
5.2 Maintenance Materials
A. At completion of job Contractor shall furnish spare parts, special tools, and
equipment required to operate and maintain system.
5.3 Maintenance Data
A. Contractor shall furnish two (2) copies of parts list and repair manuals for
controllers, valves, and heads.
5.4 Project Record Document
A. Contractor shall prepare an "as -built" plan of system after final check.
Work to be done on vellum paper with legend describing symbols for
equipment. "As -built" plans shall be accurate. Inaccurate plans will not be
accepted. Final payment will not be made until "as -built" plan is submitted
to Park Development staff.
6. Products
6.1 Performance of Specified Material
A. All specifications given for materials are based on the performance of
the equipment. This is to insure the integrity and proper hydraulics that
the system is designed for. If bid material does not conform to given
performance specifications, the bid will be rejected by Owner based on
grounds that proper function of system could not be maintained by
using equipment that does not meet the performance specifications
required.
B. All material to be new, unused, and current.
C. All material must be a standard product of a manufacturer.
D. Contractor shall provide performance records to verify equipment
capabilities.
teatr.doc 22
6.2 Materials
A P.V.C. Pipe
1. All polyvinyl chloride pipe shall be class 200. SDR 21 un-plasticized
polyvinyl chloride, Type I, Grade I, except when using a pump.
When using a pump, refer to the following chart.
PIPE SIZE CHART
Pipe Size Schedule/Class
1/2" 200
3/4" 200
1"; 200
11/4" 200
1 1/2" 200
2" 40 —
21/2" 40
3" 40 -
41111
" 40
6 200
(USE ONLY WITH PUMP)
2. All pipe must have manufacturer's markings clearly printed on them
during installation.
3. All class 200 pipe must conform to ASST. D-2241. All schedule 40
and 80 pipe must conform to ASTM D-1785.
4. All piping under four (4) inch shall be solvent weld.
5. All piping over four (4) inch shall utilize belled ends or belled ~
couplings using rubber gaskets in twenty (20) foot laying lengths.
6. All fittings for 4" or larger mainline shall be epoxy coated steel.
B. PVC Fittings
1. Schedule 40 fittings must conform to ASTM D-2466.
2. Schedule 80 fittings must conform to ASTM D-2464. _.
3. All threaded fittings must be schedule 80.
C. Swing Joints
1. Nipples: Schedule 80 with molded threads on both ends. (unless
specified otherwise in construction details --
2. Elbows: (90 degree) Schedule 40 FIPT X FIPT.
3. Pre -fabricated swing joints'are-not aceptable.
4. Lateral line fittings: Schedule 40
teatr.doc 23
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D. Valves
1. Section Valves (PVC Ball Valve 3", 1 1/2", and 1" or approved
equal))
A. PVC construction
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B. Full port opening
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C. Quater Turn operation
D. Rated at 150 psi at 72 deg. F. water temperature
E. Female pipe thread. "Shall not be solvent welded."
E. Valve Boxes
j11.
Double Check Valve Boxes
A. Supplied by contractor.
B. To be installed by contractor
C. Minimum Dimensions: 24" x 18" x 36" deep, molded
plastic. Extensions shall be used as necessary to and shall
be compatible with box to acheive depth required.
D. Bolt -in green lid with cover lift holes (rectangular, lid
shall have snap lock tab closure).
F. Sprinkler Heads
1. Specified Head 91 (Rainbird 15 Series or "approved equal")
A. Body: shall be Rainbird 1804 PRS (or approved equal)
Non -corrosive cycolac and stainless steel construction.
B. Pop-up design with pressure regulation
C. 15' radius at 30 p.s.i. with .93 G.P.M. on 90 deg., 1.85
G.P.M. on 180 deg. emitter, 3.70 G.P.M. on 360 deg.
emitter.
D. Precipitation Rate 1.83"/hr. for 90 deg. head, 1.83"/hr.
for 180 deg. head, 1.63"/hr. for 360 deg. head.
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tcatr.doc 24
2. Specified Head 42 (Rainbird 10 Series or "approved equal")
A. Body: shall be Rainbird 1812 PRS (or approved equal)
Non -corrosive cycolac and stainless steel construction.
B. Pop-up design with pressure regulation
C. 10' radius at 30 p.s.i. with .39 G.P.M. on 90 deg., .79
G.P.M. on 180 deg. emitter, 1.57 G.P.M. on 360 deg.
emitter.
D, Precipitation Rate 1.75"/hr. for 90 deg. head, 1.75"/hr.
for 180 deg. head, 1.75"/hr. for 360 deg. head.
G. Miscellaneous Equipment
1. Thrust Blocks
A. Concrete "ready -mix" - 3,000 p.s.i. in 28 days with 3 number 3
rebar installed. To be placed at all angles and _
terminal ends of 2 1/2" 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 an undisturbed vertical
wall of the trench.
2. P.V.C. Solvent and Primer
A. Solvent used on P. V.C. pipe shall be of type approved by both the
manufacturer of the pipe and manufacturer of fittings. Primer
used shall be type approved in same fashion. Primer will be color
tinted.
3. Line Drains
A. Drains shall be King 1/2"model. Male connectors with drain
plug located on the bottom. Set drains at a 60 deg. angle
in 3" deep, 12" dia. gravel base.
7. Execution
7.1 Handling of Materials
A. Contractor shall exercise care in handling, loading, and unloading of
all equipment. All P.V.C. 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.
teatr.doc
0
25
7.2 Trenching
A. To have straight, flat bottoms and of sufficient depth for sprinkler
head and operable swing joint
B. Depth of Trench
1. 4" pipe or smaller - 18" minimum cover.
r2.
Pipe larger than 4" - 24" minimum cover.
C. Pipe pulling is not acceptable.
7.3 Laying of P.V.C. Pipe
A. Pipe to be snaked from side to side of trench bottom to allow for expansion
and contraction of pipe.
B. All foreign matter to be removed from inside of pipe prior to joining. Keep
clean during laying operations by means of plugs or other approved methods.
C. All lumber, rubbish, and large rocks shall be removed from the trenches. Pipe
shall have firm, uniform bearing for the entire length of each pipe line to
prevent uneven settlement.
D. When trench is cut through rock or rock ground, the pipe: must be bedded
three inches on all sides with approved sand.
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E. Do not lay pipe in water, or when trench or weather conditions are unsuitable
for work.
F. When work is not in progress, securely close open ends of pipe fittings so that
no trench water, earth, or other substance will enter pipes or fittings.
k G. Take up and relay any pipe that has the grade or joint disturbed after laying.
H. Fittings at bends in the pipe line and at ends of lines shall be firmly wedged
against the vertical face of the trench, but not against rock.
71 I. Thrust blocks to be used. (See 7.4 Thrust Blocks)
J. Make joints in all screwed fittings by applying Teflon tape on male threads.
Use of Teflon dope is prohibited.
L. Where threaded P.V.C. connections are required, use threaded P.V.C.
adapters.
M. There shall be no less than nine (9) inches of pipe between any two fittings,
except for close nipples used in swing joints.
N. No cross tees or street L's are to be used at any time.
teatr.doc 26
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O. On cut pipe, all burrs to be removed, tees and pipe to be cleaned, and primer
and solvent applied as to standard application process.
P. After pipe has been solvent weld, do not apply water pressure for a minimum
of twenty-four (24) hours.
Q. All pipe shall be installed so that manufacture's markings are facing in the up
position.
R. Excess PVC Solvent shall be removed from joints before drying to prevent
pipe weakening. Pipe connections made with excess solvent will not be
accepted.
S. The owner must be given twenty-four (24) hour notice before pipe
trenches are covered so that owners representative may be present for
inspection. After pipe system has been inspected and approved, trenches
may be closed. --
7.4 Installation of Valves (gate, double check, and section valves.)
A. Install all new valves on a level grade with the mainline Valve boxes shall
extend a minimum of 3" below bottom of valve. Valve box extensions shall be
used as necessary and'shall be compatible with the valve box.
B. PVC unions shall be used for all connections through the exit side of the
section valve.
C. After installing valves and valve boxes, backfill holes with pea gravel up to
bottom of valve.
7.5 Sprinkler Heads
A. All sprinkler heads to be installed at spacing indicated on plans.
B. Install heads so that top of head is slightly above ground level to allow for
settling.
C. All sprinkler heads to be set to proper arc by Contractor.
D. All heads to be installed six (6) inches from back of curb or sidewalk.
7.6 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 Owner's representatives 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. —
teatr.doc 27
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B. The lateral lines will be flushed just prior to head installation. Flushing
procedure will consist of pointing all swing joints away from ditch line to
prevent contamination. The next step is to 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 form the valve. 'Twenty-four (24) hour notice must be
r"
given to Owner's representatives for inspection.
C. Flush pipes until free of all rock, dirt, trash, pipe shavings, and debris.
r-
7.7 Leakage Test
A. After pipe is laid, line to be pressurized and all air expelled from line at highest
rpoint
of each section.
i
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.
_
7.8 Backfill
A. Trenches to be backfilled with the excavated earth from trench work. All rocks
and debris to be removed and no item larger than two (2) inch diameter to be
placed back in trench. A warning tape to be placed approx. 6" above the top of
the pipe or 2nd wire for the entire length of the exposed area. Backfill is to be
compacted and flooded to settle trench. Contractor shall add more backfill if
needed to bring trenches to existing grade.
"
8. Inspection/Acceptance
8.1 Preliminary Inspection
A. When all initial installation is done and all incidentals necessary to the proper
function of the system is done Contractor shall request Owner to walk through
system and visually check the operation of the system. At this time Owner and
Contractor will discuss repairs that may need to take place.
8.2 Final Inspection
A. After preliminary inspection has taken place and all corrections and repairs
have been completed by the Contractor, Contractor and Owner will again
walk through system to check operation. This procedure will be repeated
until system operates to Owner satisfaction. At this time Owner will accept
system from Contractor. An acceptance form will follow from Owner to
Contractor.
11
teatr.doc 28
:I
9. Clean up
9.1 Removal of Site Debris
A. Contractor shall:
1. Make final clean-up of all parts of work.
2. Remove all construction material and equipment.
3. Prepare site in an orderly and finished appearance.
4. Remove from site any rock or extra dirt that resulted from this and
restore site to its original condition.
10.1 Guarantee
A. Contractor shall:
1. Make all needed repairs or replacements due to defective workmanship
or materials for exactly one (1) year following date of final acceptance.
2. Be responsible for all expenses necessary for repairs and replacement.
3. Pay all expenses incurred if Contractor fails to act upon a request from
Owner for repairs to system. If Contractor fails to do work within ten
(10) days after request has been made by Owner, Owner will proceed
with repairs and charge all expenses to Contractor.
4. Pay for expenses incurred to project due to vandalism prior to final
acceptance.
B. Owner shall pay for all expenses incurred due to vandalism after final
acceptance.
End -of -Section
teatr.doc 29
r
F
C`
r SECTION 06 FENCING
1. General
1.1. Scope of Project
A. Contractor shall supply all supervision, perform all work, fin-nish all labor,
tools, materials, equipment, and incidentals necessary to:
Section 1: Remove existing chain -link fence where shown on
plan and fully and properly install steel fence at the Garden and
Arts Center & Tea Terrace at Clapp Park as described in the
r plans and specifications. 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 mfrs. recommendations for installation and
workmanship, for the skill or trade involved. drawings and
specifications.
Section 2: Remove the existing wood fence to the west of the
tea terrace, and fully and properly install metal -panel fence as
described in the plans and specifications. 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 mfrs. recommendations for
installation and workmanship, for the skill or trade
involved.drawings and specifications.
1.2 Related Work specified Elsewhere:
A. Section 01 - Summary of Work
B. Section 02 - Product Substitution
C. Section 03 - Concrete
D. Section 04 - Brickwork
E. Section 05 - Irrigation
G. Section 07 - Plant Materials
2. Quality Assurance
A. Use adequate numbers of skilled workers who are thoroughly trained and
experienced in the necessary crafts and who are completely familiar with
the specified requirements and the methods needed for proper performance
of the work of this section.
twtr.doc 30
4
SubSection 1: Steel Fence
1. Existing Chain -link Fence Removal
A. Contractor shall remove, transport from site, and dispose properly of:
existing chain -link fence fabric, posts, footings, and 2 gates as indicated on
plans.
2. Materials (See drawing in this specification section).
A. Steel
Fabricate metal fence panels from hot or cold rolled solid
steel in gauge and size as'required on plan and specifications.
1. Posts: 9'- 0" x 2.5" x .125" thick, cold rolled steel.
2. Rails: 8' 0" x 2" x 1" flange x 125" thick, hot formed steel,
picket slots (1/2" square) shall be punched, not cut or burned.
3. Pickets'. 6' 0" long, 0.5" x 0.5" square, hot rolled steel.
horizontal brace of same, 8'-0" long.
4. Caps:'2.5" square die formed steel caps
5. Bolt Tabs: 1" angle, cut and grind to fit weld to rails, bolt-thru
posts. Conceal bolt tabs inside rails as much as possible.
Construct for break -away panels.
6.'Gates: Same basic construction, with 3 or more plain -steel
welded hinges and single lock box with passage hardware. Gate
and pickets shall be 5'-0" long x 2" x 1" of rectangular tubing at
least .125" thick.
B. Hardware -
Use hot dipped galvanized plated bolts to secure metal fence
panels to poles as shown on plan.
3. Execution
A. Fabrication - Fabricate metal fence panels using welds for all steel to steel
elements as shown on plan. All exposed welds shall be thoroughly ground
smooth. Panels shall be farbricated to allow for expansion and contraction
of materials.
B. Finish' -Following fabrication and prior to painting, all iron shall be cleaned
in acoustic solution then treated to prevent flash rusting. Panels shall then
be dip primed to cover all surfaces. Panels shall then be spray coated with
two coats of high quality rust inhibiting metal paint. Coatings shall be
alkyd, with a semigloss finish. Primer shall be Kern Kromic Metal Primer
or "approved equal'. Finish coats shall be Pro Mar 200 Alkyd Semigloss
Enamel or "approved equal". Contractor shall supply owner with one
quart of the finish coat in a well sealed container at time of final acceptance
by owner of this project.
teatndoc 31
r
C. Installation
1. Bolt metal panels to posts as indicated or required leaving bolts on -
half turn unscrewed to allow for expansion and contraction of
materials.
2. Touch-up paint all fencing components and paint all exposed
anchors, bolts, and mounting hardware to match fencing.
SubSection 2: Metal Panel Fence
1. Existing Wood Fence Removal
A. Contractor shall remove, transport from site, and dispose properly of
existing wood fence paneling, posts, and footings as indicated on plans.
2. Steel -
A. Fabricate steel fence posts, frames, and runners from hot or cold rolled
steel in gauge and size as required on plan and specifications.
1. Posts: 5'-0" x 4" x 4" x 3/16" thick, cold rolled steel.
2. Panel Frame: 2" x 2" x .125" thick, hot rolled steel.
3. Runners: 4' 7" long x 1" x 1" x .125" thick, hot rolled steel.
4. Caps: 4" x 4" square steel caps
5. Steel angle: 2" x 2" x 2" x .125" thick steel angle. Weld to
2" x 2" fence frame for connection to posts. Fence frame shall be
constructed for break -away panels.
6. Steel Slats: 6" wide x V-8" height 20 guuge metal. Suggested
vendor is H & H Trailer Sales Inc., 4902 Idalu Hwy., Lubbock,
Texas 79403.
B. Hardware -
1. Use (2) #10 x 3/4" self drilling screws at both ends of steel slats
to secure each slat to the runners, as shown on plan.
2. Use (2) #14 x 3/4" hex washer head slotted sheet metal screws
to secure 2" x 2" steel angle to posts as shown on plan.
T 3. Execution
A. Fabrication - Fabricate steel frame tubing, runners, base plate, and steel
angle using welds for all steel to steel elements as shown on plan. All
exposed welds shall be thoroughly ground smooth. Metal panels shall be
farbricated to allow for expansion and contraction of materials.
teatr.doc 32
B. Finish - Following fabrication and prior to painting, all iron shall be cleaned
in acoustic solution then treated to prevent flash rusting. Panels shall then
be dip primedto cover all surfaces. Panels shall then be spray coated with _
two coats of high quality rust inhibiting metal paint. Coatings shall be
alkyd, with a semigloss finish. Primer shall be KernKromic Metal Primer
or "approved equal". Finish coats shall be Pro Mar 200 Alkyd Semigloss
Enamel or "approved equal". Contractor shall contact owner for selection
of color to be used. Contractor shall supply owner with one quart of the
finish coat in a well sealed container at time of final acceptance by owner of
this project. —
1.3 Guarantee A. Contractor shall:
1. Make all needed repairs or replacements due to defective workmanship
or materials for exactly one (1) year following date of final acceptance.
2. Be responsible for all expenses necessary for repairs and replacement.
3. Pay all expenses incurred if Contractor fails to act upon a request from
Owner for repairs. If Contractor fails to do work within ten (10) days —
after request has been made by Owner, Owner will proceed with repairs
and charge all expenses to Contractor.
4. Pay for expenses incurred to project due to vandalism prior to final
acceptance.
B. Owner shall pay for all expenses incurred due to vandalism after final
acceptance.
teatr.doc 33
I I
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C' 44th Street and University Avenue
Fence 0 t�, ail
Uele:3/4' 1'-0'
s s a ca r a K■ a■ a t [l
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'4'Sppcing. O.C.
r 'ost- 2 1/ 2' X 2 1/ 2'
` SO'ck :Square Pipe
2' -a uare die
►formed steel caps
'fit �.
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and bolt tehce post�lon)
- Concrete;to be
k 3600 P.S.I.
Notes:
1. All concrete to'be 8XMP16.1. (Type 11).
2. Contractor Is responsible for all dernolition.
S. Contractor to take necessary precautions to protect all plant
.fill
mmaterial aal t l ms.
A. Equipment InsttlallatQQlon to meet all specifications and manufacturer's
recommendations.
b. Contractor is to notify owner 48 hours prior to beginning construction
to verify layout
6. Contractor Is responsible for repair, of any damages Incurred
during construction.
7. All dimensions and equipment to be verified by contractor.
6. Fence shall extend from Arboretum office to the Gorden and Arts center
. Location visible at site from old foc4fts.
9. Fence should have a post at both sends.
SECTION 07 PLANT MATERIALS
1. General
r 1.1 Scope of Project
A. Contractor shall supply all supervision, perform all work, furnish all
labor, tools, materials, equipment, and incidentals necessary to fully and
properly plant all materials as specified at the Garden and Arts Center &
t Tea Terrace at Clapp Park, and as described in the plans and
specifications. All work shall be completed in accordance with all
governing codes and ordinances, with the best construction practices,
including material mfrs. recommendations, for the skill or trade
involved.
1.02 Work Included:
A.
Section 01 - Summary of Work
B.
Section 02 - Product Substitution
C.
Section 03 - Concrete
D.
Section 04 - Brickwork
E.
Section 05 - Irrigation
F.
Section 06 - Metal Fencing
1.3 Additional Information
A. All information under GENERAL INSTRUCTIONS TO BIDDER,
CONDITIONS OF AGREEMENT, and SPECIAL CONDITIONS, if any,
apply to this section.
n 2. Quality Assurance
2.1 Qualifications of Bidder
A. Bidder to have minimum of 3 years experience of supplying plant
materials of similar characteristics and size.
B. Bidder to furnish, at Owner's request, references of quality of plant
materials for determination of ability of Bidder to supply plant
materials as required.
C. Bidder is to provide a specific delivery date at which time the
Owner can expect to receive plant materials. This information shall
be included on the bid sheet. Owner understands the time element
involved for the ordering and delivery of plant material by the
Bidder. A reasonable amount of time will be allowed and
determined at Owner's discretion. Failure to provide delivery date
of plant material will provide grounds for rejection of bid.
T
teatr.doc 34
7
2.2 Quality of Plant Materials
A. All plant material not otherwise specified in this document, shall
conform to ANSI Z60.1 1980.
B. Plant material to be true to scientific and common name variety as
specified.
C. Plant material to be sound, healthy, vigorous, well- rooted and
established in the container in which they are sold. They shall be well
branched and densely foliated (when in leaf), and have healthy,
unbroken, well developed root systems.
D. Plant materials shall be free from disease, insects, and defects such as
knots, sun scald, windburn, injuries, abrasions, or disfigurement.
E. All plant materials shall be container grown and shall have a compact
root system. Fibrous roots shall be well developed so that the root _
mass will retain its shape and hold together when removed from the
container. Plants recently collected from the wild or balled and potted
plants are not acceptable..
F. Plant materials shall be grown 'in and/or conditioned to climatic
conditions similar to those of the planting site.
2.3 Guarantee
A. Contractor shall:
1. Contractor shall guarantee all labor, workmanship, and materials
supplied by contractor for a period of four (4) seasons from date _
of acceptance.
teatr.doc 35