HomeMy WebLinkAboutResolution - 5451 - Service Contract - Wardroup & Associates Inc - LP&L South Substation Landscaping - 03_27_1997RESOLUTION NO.5451
Item #19
March 27, 1997
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 Service Contract by and between the City of
Lubbock and WARDROUP & ASSOCIATES, INC., of Lubbock, Texas, to install and furnish
all materials and services as bid for the LP&L SOUTH SUBSTATION LANDSCAPING.,
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 copied herein
in detail.
Passed by the City Council this
ATTEST:
27th day of March
Ka Darnell, City Secretary
APPROVED AS TO CONTENT:
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
G. Vandiver,
DGV:gs/ccdocs/WARDROP.res
March 19, 1997
WINDY sifroN, MAYOR
City Attorney
1997.
5461
CITY OF LUBBOCK
SPECIFICATIONS FOR
LP&L SOUTH SUBSTATION LANDSCAPING
BID #13772
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CITY OF LUBBOCK
Lubbock, Texas
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ITS #13772, Addendum #1
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City of Lubbock
P.O. Box 2000
Lubbock, Texas 7S457
606-767-2167
ADDENDUM 0
ITB #13772
LP&L SOUTH SUBSTATION
LANDSCAPING
MAILED TO VENDOR:
OLD CLOSE DATE:
NEW CLOSE DATE:
Office of
Purchasing
January 10, 1997
January 16, 1997 @ 2:00 P.M.
February 6, 1997 @ 2:00 P.M.
The following items take precedence over specifications for the above named Invitation to Bid (ITS).
. , Where any item called for in the ITS documents is supplemented here, the original requirements, not
affected by this addendum, shall remain in effect.
1. Please note the closing date has been changed:
r From: January 16, 1997 @ 2:00 P.M.
I To: February 6, 1997 @ 2:00 P.M.
2. Please note changes as per attached pages 1 & 2.
r All requests for additional information or clarification must be submitted in writing and directed to:
Ron Shuffield, Senior Buyer
City of Lubbock
i P.O. Box 2000
Lubbock, Texas 79457
Questions may be faxed to: (806)767-2164
or Email to: RShuffield@mail.ci.lubbock.tx.us
I TH& YOU
-r
Ron Shuffield
Senior Buyer
PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID
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13772ad1.doc
FloJan-09-97 03:27P Lubbock Parks&Recreation 806-762-0954 P.Ol
LPL South Substation Landscaping - Addendum 01
�- 1.) On the plans sheet 1 of 2, Plant Legend, delete:
" 48 Chinese Photinia Photinia serrulata 10 GAL. CONTAINER
�.. 13'-0" O.C."
and replace with:
"48 Fraser's Photinia Photinia T'raseri' 15 GAL. 4'- V H.
CONTAINER 13'-0" O.C."
2.) Delete all reference to "Chinese Photinia" or "Photinia serrulata" in the plans and
specifications and replace with "Frase's Photinia" or "Photinia Fraseri."
3.) In the specifications, Plant Materials, V., A., delete:
Planting Mixhm Ratio - Container Material.
1. Water Retention Soil Additive - To be a cross -linked modified
s polyacryamide polymer, 50:1 water absorption ratio, non bio-
degradable, and PH neutral. (Starch based compounds are not
acceptable).
2. 2 1/2 oz. of dry compound per cubic foot of backfill material. Shall be
mixed thoroughly throughout backfill material.
and replace with:
Planting Mixture Ratio.
1. Water Retention Soil Additives shall not be used.
4.) in the specifications, Irrigation, II. B. 3, delete:
Bores/Road crossings (if applicable) - Contractor is responsible for bores
and sleeving necessary to go under city streets/utility drives to provide any
utility service to the project site. Bored holes shall be of the smallest
diameter that will permit installation of encasement pipe. Pipe sleeving
under city streets shall be 16 gauge smooth steel pipe with a minimum wall
thickness of one -quarter (1/4) inch when pipe size is greater than four (4)
inch diameter. Irrigation lines crossing sidewalks shall be sleeved with
Schedule 40 PVC pipe twice that of the pipe when line is less than 6"
diameter. Pipe to be large enough for irrigation pipe and conduit for
electrical control wires (if necessary). Notes shown on plans shall over ride
specifications. Sleeves shall extend at least two (2) feet out from under the
surface structure.
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Jan-09-97 03:31P Lubbock Parks&Recreation 806-762-0954 P_01
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and replace with:
Bores/Road crossings - Contractor is responsible for bores and sleeving
necessary to go under city streets/utdity drives to provide any utility service
�.. to the project site. Bored holes shall be of the smallest diameter that will
permit installation of encasement pipe. Pipe sleeving shall be 4" schedule
40 PVC piping. Sleeves shall extend at least two (2) feet out from under
the surface structure.
5.) In the specifications, Plant Materials, VI., C., delete:
Grass Seeding
1. Type: Buffalo Grass (Buchloe dactyloides).
2. Quantity: 3 pds. per 1,000 sq. ft.
3. Application: Sot seed or drill applied .
and replace with:
Grass Seeding: '
Buffalo Grass - Hulled (Buchloe dactyloides)
I. Quantity: 3 pds, per 1,000 sq. ft.
2. Application: Slit seed or drill applied.
Linn Perennial Rye Grass
1. Quantity: 7 pds. per 1,000 sq. ft.
2. Application: Slit seed or drill applied.
Buffalo (crass and Linn Perennial Rye Grass shall each be
applied separately.
6.) In the specifications, X., Warranty, delete:
Contractor shall guarantee all container grown material for a period of 1
year beginning at final acceptance date by owner. All defective or dead
plant material shall be replaced by Contractor, as well as all labor
necessary to install new material, and shall be at Contractor's expense.
1 and replace with:
r- Contractor shall guarantee all trees, and shrub material for a period of l year
beginning at substantial completion date established by owner. All defective or
dead plant material shall be replaced by Contractor, as well as all labor
r. necessary to install new material, and shall be at Contractor's expense.
i Contractor shall be responsible for application of water to all grass seed
applied areas until the rye grass has been established. Contractor shall notify
,.. owner at such time for inspection and final acceptance.
2
PM
ITB 913772, Ad&mcrum-#2
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City of Lubbock
P.O. Box 2000
7 Lubbock, Texas 79457
e
606-767-3000
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ADDENDUM #2
ITB #13772
LP&L SOUTH SUBSTATION
LANDSCAPING
MAILED TO VENDOR:
OLD CLOSE DATE:
NEW CLOSE DATE:
February 3,1997
February 6,1997 @ 2:00 p.m.
March 6, 1997 @ 2:00 p.m.
The following Items take precedence over specifications for the above named Invitation to Bid OTB).
Where any Item called for in the ITB documents is supplemented here, the original requirements, not
affected by this addendum, shall remain In effect.
1. Please note the closing date has been changed:
From: February 6, 1997 C 2:00 p.m.
To: March 6, 1997 @ 2:00 p.m.
All requests for additional Information or clarification must be submitted in writing and directed to:
Ron Shuffieid, Senior Buyer
City of Lubbock
P.O. Box 20M
Lubbock, Texas 79457
Questions may be faxed to : (806)767-2170
or Email to: RShuffield@mall.ci.lubbock.bc.us
K YOU c
Ron Sheffield
Senior Buyer
PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID
■tl
13772ad2.doc
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City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
B06-767-2167
ADDENDUM #3
ITB #13772
LP&L SOUTH SUBSTATION
LANDSCAPING
MAILED TO VENDOR:
CLOSE DATE:
ITB 01377Z Addendum #3
FEBRUARY 26, 1997
Office of
Purchasing
MARCH 6,1997 @ 2:00 P.M.
The following items take precedence over specifications for the above named Invitation to Bid (ITB).
Where any item called for in the ITB documents is supplemented here, the original requirements, not
affected by this addendum, shall remain in effect.
1. Soil samples for the above project have been taken around the substation perimeter chain -link fence
(two samples on the east side, and two on the north side). The samples have been analyzed by an
independent lab. The results Indicate one location on the east side to contain .18 parts per million of
'Prometon' at a depth of approximately twelve Inches (12') below grade.
I 2. In the Irrigation specifications V,B, 7 B. Screen Filters, delete:
l Rf1 1' ring filter
7 and replace with:
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RF1 1 1/2' ring filter
r• 3. In the irrigation specifications, V,B,4A,1,delete:
All gate valves shall have a resilient seat, iron body, bronze mounted throughout and shall meet
all requirements of AWWA C 509. All valves shall open by turning to the left, and unless
otherwise specified shall have non -rising stem when buried and outside screw and yoke when
exposed. Gate valves shall be fumished with a two-inch operating nut when valves are buried
and shall be furnished with hand wheels when exposed. Gate valves shall be furnished with 0-
ring stem packing.
and replace with:
All gate valves shall be flanged (2"), have a resilient seat, iron body, bronze mounted throughout
and shall meet all requirements of AWWA C 509. All valves shall open by turning to the left,
and unless otherwise specified shall have non -rising stem when buried and outside screw and
yoke when exposed. Gate valves shall be fumished with a two-inch operating nut when valves
r- are buried and shall be furnished with hand wheels when exposed. Gate valves shall be
i furnished with 0-ring stem packing.
r° 4. In the earthwork and grading specifications, III,D,3,delete:
Test rolling will be accomplished with a 25 ton pneumatic tire roller or other pneumatic tire roller.
Up to six passes of the roller may be required in deterring the condition of the subgrade. Any
soft or unstable areas found by test rolling will be corrected by removing the soft or unstable
r" material and replacing It with suitable soil compacted to specified density. The areas so
corrected shall be test rolled as specified above.
r
13772ad3.doc
rrB #I377Z Addendum #3
All requests for additional information or clarification must be submitted in writing and directed to:
Ron Shuffield, Senior Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Questions may be faxed to: (806)767-2164
or Email to: RShuffield@mail.ci.lubbock.tx.us
K YOU,
Ron Shuffield
Senior Buyer
PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID
13772ad3.doc
CITY OF LUBBOCK
INVITATION TO BID
FOR
TITLE: LP&L SOUTH SUBSTATION LANDSCAPING
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 13772
PROJECT NUMBER: 9879.9258
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
INDEX
1.
NOTICE TO BIDDERS
2,
GENERAL INSTRUCTIONS TO BIDDERS
3.
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
4.
PAYMENT BOND
5.
PERFORMANCE BOND
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6.
CERTIFICATE OF INSURANCE
7.
CONTRACT
C8.
GENERAL CONDITIONS OF THE AGREEMENT
9.
CURRENT WAGE DETERMINATIONS
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10.
SPECIFICATIONS
11.
SPECIAL CONDITION
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NOTICE TO BIDDERS
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NOTICE TO BIDDERS
BID #13772
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 p.m. on the 16th day of January. 1997, or as changed by the issuance of formal addenda to all planholders, to
furnish all labor and materials and perform all work for the construction of the following described project:
"LP&L SOUTH SUBSTATION LANDSCAPING"
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 13th day of February, 1997, 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 in accordance
with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract
price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter
2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior, as the
rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified
check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without
recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a
guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 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 7th
day of January. 1997, at 10:00 o'clock a.m., in the Purchasing Conference Room L-04, Lubbock, Texas
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, Vernon'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 City of Lubbock Human Relations Office at
(806) 767-2281 at least 48 hours in advance of the meeting. '
CITYOFLUBBOCK
VICTOR KILM N
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/Fax (806)767-2164.
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(``t GENERAL INSTRUCTIONS TO BIDDERS
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11,10
GENERAL INSTRUCTIONS TO BIDDERS
SCOPE OF WORK
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project in accordance with contract documents for the LP&L SOUTH SUBSTATION
i LANDSCAPING.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General
Conditions.
j All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the
t 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
r, It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by
` the contract documents be given a, reasonable opportunity to examine the documents and prepare a bid without
charge 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 this bid must be addressed to:
RON SHUFFIELD
SENIOR BUYER
CITY OF LUBBOCK
P.O. BOX 2000
LUBBOCK, TX 79457
FAX (806)767-2164
5. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 60 (SIXTY) 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
r" 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 t-
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.
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.
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j- 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 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.
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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 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
r' barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
l acceptance of the project. -
r- 15. EXPLOSIVES
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The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from
r,. the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume
l 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.
In all cases where explosives are to be used during the construction of the project contemplated by this contract,
it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground)
in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given
sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their
property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage
resulting from his blasting operations.
16. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times while the
r- 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 insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All
r., policies shall contain an agreement on the part of the insurer waiving the right to subrogation.
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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 coverage's shall be submitted prior to contract execution.
The insurance certificates furnished shall name the City as an additional insured, or in the alternative,
shall be accompanied by a statement from the Contractor to the effect that no work on this particular
project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all "
proof of coverage insurance documents including workers compensation coverage for each
subcontractor.
18. 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 contract documents. The wage rate which must be paid on this project shall not be less than
specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders'
attention is further directed to the requirements of 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 Lubbock's 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 r
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.
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�- 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
E schedule of general prevailing rate of per diem wages included in these contract documents.
20. PROVISIONS CONCERNING ESCALATION CLAUSES
Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the
bidder without being considered.
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:
(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.
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.
(c) Bidder's Submittal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(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 bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
P-
23. QUALIFICATIONS OF BIDDERS
The bidder may be required before the award of any contract to show to the complete satisfaction of the City of
Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified
therein in a satisfactory manner. The bidder may also be required to give a past history and references in order
to satisfy the City of Lubbock in regard to the bidder's qualifications. The City of Lubbock may make reasonable
investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the
bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of
Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to
satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to --
complete the work described therein. Evaluation of the bidder's qualifications shall include:
1. The ability, capacity, skill, and financial resources to perform the work or provide the service required.
2. The ability of the bidder to perform the work or provide the service promptly or within the ,time specified,
without delay or interference.
3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder.
4. The quality of performance of previous contracts or services.
BID SUBMITTAL
S
BID SUBMITTAL
LUMP SUM BID CONTRACT
PLACE:
DATE:
/
1�
Bid of
NUMBER: 13772 - LP&L SOUTH SUBSTATION LANDSCAPING
(hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation forbids for the construction of a 4C1m>-"Vt1
PzY
TH So r%TA 7.zo,J
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.
ITEM 1 EARTHWORK AND GRADING: -
Approved earthwork and grading. Shall include all cut and fill material complete in place, as shown on the plans
and described in the specifications or as directed by the owner. Includes all preparation, material, equipment,
labor, tools, supervision, incidentals, and barricades as shown on the plans or where directed by owner.
MATERIALS:
�X rrlJVS��!
TOTAL BID ITEM (1);
Iron
01*1
(s � 4•
ITEM 2 CONCRETE WORK:
4
Furnish and install concrete sidewalk as shown on the plans and described in specifications or as directed by
owner. Shall include all preparation, material, equipment, labor, tools, supervision, incidentals, and barricaded
complete in place.
W1
MATERIALS:
o //1DUSR✓��V /ivt° �/t/NC1/'Pd� C�% SzX7�i✓
SERVICES: /AUK /AG
TOTAL BID ITEM (2):57X
ITEM 3 PLANT MATERIAL:
.4^/
Z � j� o t✓
YvC )
r CY 'T ,S2,t'7c�G o a
Furnish and install all trees, shrubs, and grass seeding, (to include all material, equipment, labor, tools,
supervision, and Incidentals) as shown on plans and described in the/specifications, complete in place.
MATERIALS: I e i:CC/lhoD .✓� �1•� d/'C�i1 �i O
SERVICESIeWe
TOTAL BID ITEM (3)r;jew7 hJb V1
SAX 4Lg� G,-,niS
ITEM 4 IRRIGATION:
4,�S 5' ,f6
Furnish and Install Irrigation system Including meter, valves, filter, conduits, boxes, emitters, trenching, backfill,
Incidentals, and all associated work as shown on the plans and specifications, or where directed by owner. Shall
includes all preparation, material, equipment, labor, tools annd' supervision, complete in place.
Co
MATERIALS: //1 ,Oe //10USff✓��, ��✓0 ��/�t/G�/'t"��-d� �"� ��` Ki ($ 3/ �SD �—< )
SERVICES: Z✓e' Dv D �eGi' `� 7 / I ($ a2SD ` 1
TOTAL BID ITEM (4):
ITEM 5 TOTAL BID:
Items 1-4. Furnish and install all trees, shrubs, seeding, Irrigation, and concrete work. Perform all
earthwork/grading. Shall include all work as shown on plans and described In specifications, including materials,
equipment, labor, tools, supervision, and all incidentals necessary for a proper and complete installation in place.
MATERIALS -A ^;e Sri/ Sian*1J!1.�t��'�°e�vd�i'�r El, ,tu—eif��i ($
TOTAL BID ITEMS (1-4)
(Amount shall be shown in
eeA6
or.( N d, T �vrc�/'r� 4�{vR ` �le ($ e
wo4s and numerals. In case of discrepancy, the amount shown In words shall govem.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written
"Notice to Proceed" of the Owner and to fully complete the project within 60 (SIXTY) 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 completion of this project, all as more fully set forth in the general conditions of the
contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with .
instruction number 21 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
commence work on or before the date specified in the written notice to proceed, and to substantially complete the work
on which he has bid; as provided in the contract documents.
I
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 CertLfied Check for
Dollars ($ ) or a Bid Bond in the sum of 71-4 ^-4V-0 Dollars ($ ),
which it is 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 undersigned upon demand.
.. Bidder understands and agrees that the contract to be executed by Bidder shal be bound and Include all contract
documents made available to him for his Inspection in accordance with the Notice to Bi ders.
J COMIAPARDROUP & A55WIAIM !fit
9
AddriPLUDDOCK, TEUS 79494
J City, County
State,,,/ Co
Telep one:
Fax-
(Seal if Bidder is a Corporation)
r" ATTEST:
J
ecretary
J
r
t
J
LIST OF SUBCONTRACTORS
1.
2.
3.
4.
5.
6.
7.
8.
Minority Owned
Yes No
0 %
0 )13
0 0
0 0
❑ 0
lml•m1
0 0
0 ❑
❑ ❑
a w
r
BID BOND
KNOW ALL MEN BY THESE PRESENTS: That we WARDROUP & ASSOCIATES, INC.
, Principal,
and NATIONAL AMERICAN INSURANCE COMPANY Surety, are held and firmly bound unto
CITY OF LUBBOCK, TEXAS , Obligee,
in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID -----------
-------------- -- ---Dollars
for the payment of which we bind ourselves, our legal representatives, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract
t for LP&L SOUTH SUBSTATION LANDSCAPING
BID NO. 13772
NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within
such time as may be specified, enter into the contract In writing and give such bond or bonds as
may be specified in the bidding or contract documents with surety acceptable to Obligee; or if
Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of
such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to
remain in full force and effect.
ki
Signed, sealed and dated
FEBRUARY 6, 1997
G•2305d-C
WARDROUP & AS
(Princip
by
CIATES, INC.
/ '
(Seat)
` LNNIS W . WARDROUP PRES .
NATIONAL AMERI URANCE COMPANY
(Surety)
by
KE IN J. D Attorney -in -Fact
COMPANY -POWER OF ATTORNEY
EFFECTIVE DATE.
TE FEBRUARY 6,.-1997
_ P.O. BOX 6999 -- LUBBOCK TEXAS 79493
(STREETADDRESS) - (CITY) ISTATE) IZIPCODE)
CONTRACTAMOUNT FIVE PERCENT OF THE GREATEST AMOUNT BIDAMOUNTOFBOND $�----�-5x�—
=_ - - CB 19350
POWER NO.
KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organized under the
taws of the State of Nebraska, having its principal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted by
r" the Board of Directors of the said Company on the 8th day of July, 1987, to wit:
j "Resolved, that any officer 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. - ==
Be .It Further Resolved, that the signature of any officer F nd the Seal of the Company may be affixed to any such Power of Attorney or
--any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal_ -
shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be : .-
valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." National American
Insurance Company dots hereby make, constitute and appoint HOWARD COWAN, KEVIN J. DUO, OR MARLA HILL
-
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 its. act and deed, as follows.-
_.. — _. _
r The obligation of the Company shall not exceedone million (S1.000,000.00) dollars.
= And to bind National American Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by
the duly authorized officer of the National American .Insurance Company, and all the acts of said Attorney(s) pursuant to the authority
herein given, are hereby ratified and confirmed.
r_ IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the _
! Company and its Corporate Seal to be hereto affixed -
-- - — NATIONAL AMERICAN INSURANCE COMPANY
7 SO
o W. BrenttLaGere Chairman & Chief Executive Officer
r - - x:o SEAL It - rAy — -- - -- - -
STATE OF OKLAHOMA)
_ = -
COUNTY OF LINCOLN _) SS _ - _ • . _ - - --
0n this 8th day of July, A.D. 1987, before me persofially came W. Brent LaGere, tome known, who being by me duly sworn, did depose
r- and say; that he resides in the County of _Lincoln, State of Oklahoma; that he Is the Chairman and Chief Executive Officer of the National
American Insurance Company, the corporation described in and•which executed the above instrument; that he knows the seal of said cor- _-
poration; that the seat affixed to the said instrument 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 _ -
17
-
__ - _ Punic - _ _ .. Notary Public - -
_ i.:;i a - = My Commission Expires August 31, 1999 _
_._
Lot
STATE OF OK_ LAHOMA)
COUNTY:OF LINCOLN ) SS
I', the undersigned, Assistant Secretary of the National American Insurance Company, a Nebraska Corporation, DO HEREBY CER-
-.TIFY that the foregoing and attached POWER OF ATTORNEY remains in .full force. _ -
-_ Signed and Sealed at the City of Chandler, �' - Dated the 6TH day of FEBRUARY ,19 97CO, _
. t._ -
- - - Winifred E- Mendenhall, Assistant Secretary
= SEAL Z
v`y• r
' •OY/N'
MF/RASKI.
PAYMENT BOND
BOND CHECK a
BEST RATING.�1J.. �.
UCENSEP IN TEXAS
DATE '1SY -4
BOND NO. TX 6941344 00
r
t
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
r-- (CONTRACTS MORE THAN $25,000)
KNOW ALL MEN BY THESE PRESENTS, that WARDROUP & ASSOCIATES, INC (hereinafter called the Principal(s), as
Principal(s), and
(hereinafter called the Surety(s) s SEVEN(s7,ar held FIVE Iiy bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of FFORR -- -- Dollars ($47,592.86 ) lawful money of the
United States for the paymMITe-RSMid al 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 27TH day of
MARCH , 19 97 , to
BID #13772 - LP & L SUBSTATION LANDSCAPING
i^
r
4
and said Principal under the law is required before commencing the work provided for in said contract to execute a bond
in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent
as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all
claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said
contract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed
TH day of APRIL 19 97.
UNIVERSAL SURETY OF AMERICA
Surety
r' *By:
_ Zxli�xl
(Ti le) HOWARD COWAN
ATTORNEY -IN -FACT
DEQN)W . WARDROUP PRES .
By:
(Title)
By:
(Title)
k
I
Ir"
i
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
r., designates HOWARD COWAN an agent resident in Lubbock County to whom any requisite notices may be
delivered and on whom service of process may be had in matters arising out of such suretyship.
Poll Approved as to form:
1 City of Lubbock
r —� h - 'I
By:
UNIVERSAL SURETY OF AMERICA
Surety
*By
(Title) HOWARD COWAN.-_,
ATTORNEY—IN—FACT.
Ci Attomey
* 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.
r
r
PERFORMANCE BOND
BOND NO. TX 6941344 00
r
t
C"
f
I
1
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
WARDROUP & ASSOCIATES, INC.
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
n
(hereinafter called the Suret_y(s as Surety(s ar held a firm bou d unto the City of Lubbock (hereinafter called the
Obligee), in the amount of F(3 fiY SEVEN 0 SS FIVE H 4tollars ($_ 47,592.g6) lawful money of the
z$Ur,= Tik'S—A1.1D 6y A -----------
United States for the payment w�tereof, 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 27TUay of
MARCH , 19 9,7to
BID #13772 — LP & L SUBSTATION LANDSCAPING
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
r as if copied at length herein.
i
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
r be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
r Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
P article to the same extent as if it were copied at length herein.
t^
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 9TH
day of APRIL , 1_Q+97
Surety
BYyL
HOWARD COWAN
ATTORNEY —IN —FACT
.1I5 W. WAKDROUP _ PRE5.
(Title)
By:
(Title)
i
P
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates HOWARD COWAN an agent resident in Lubbock County to whom any requisite notices may be delivered and
on whom service of process may be had in matters arising out of such suretyship.
r
1
t
f+
r
r-
I
UNIVERSAL SURETY OF AMERI
Surety
*By:
Mee) HOWARD COWAN
ATTORNEY —IN —FACT
Approved as to Form
City of Lubbock
ttorne
* 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 ofpower of
attorney for our files.
.,
F
r
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact the Texas Department of Insurance to obtain information
on companies, coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P.O. Box 149104
Austin, TX 78714-9104
FAX # (512)475-1771
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim you
should contact the agent or the company first. If the dispute is not
resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or condition
of the attached document.
r
07
PM
r
PM
UNIVERSAL SURETY OF AMERICA
P.O. BOX 1068 -Houston, Texas 77251-1068
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
Y tiOO '�A#
3001193 TX 6941344 00
Howard Cowan Enterprises, Inc.
Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of
the State of Texas, and having its pricipal office in Houston, Texas, does by these presents make, constitute and appoint
Marla Hill Howard Cowan Kevin J. Dunn
of Lubbock and State of Texas its true and lawful Attom ey(s)-in-Fact, with full power and authority hereby
conferred in its name, place and stead, to execute, acknowledge and deliver
Bonds not to exceed S1,000,000.00 unless such is accompanied by letter of
authority signed by the President, Secretary or Executive Vice President
of Universal Surety of America.
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do within the stated
limitations, and such authority is to continue in force until 9/30197 . Said appointment is made under and by authority of the
following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the 11 th day of July,1984.
"Be It Resolved, that the President, and any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power
and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company."
"RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimilie to any
power of attorney of the corporation, and that such printed facsimilie signature and seal shall be valid and binding upon the corporation."
In Witness Whereof, Universal Surety of America has caused these presents to be signed by Its President, John Knox, Jr. and its
corporate seal to be hereto affixed this 7th day of January, A.D,1993.
UNIVERSAL SURETY OF AMERICA
State of Texas f °
's is e+ f�,
as:4+, ,r Jo noz,Jr. President
County of Harris
On this 7th day of January, In the year 1993, before me, Angela P. Daigle, a notary public, personalty appeared John Knox, Jr,
personally known to me to.be the person who executed the within instrument as President, on behalf of the corporation herein named
and acknowledged to me that the corporation executed it.
x x�Muxp
4
t Notary Public
a P.M.
+-se'-yes
I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the
Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in effect.
GIVEN under my hand and the seal of said company, at Houston, Texas, this 2TH day of APRIL 1 g 97
` 1
secretary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may telephone (713) 722-4600. 1326-135=25
CERTIFICATE OF INSURANCE
ACHI RID. CERTIFICATE OF INSURANCE DATE(MM/DD/YY)
03/12/97
PRODUCER
THIS .CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
OW The InWest GroLI P• Inc..
NLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
110 N. Marienfeld, Ste 330
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Midland, Texas 79701
COMPANIES AFFORDING COVERAGE
COMPANY
A Mid -Continent Casualty Co.
'o.SURED
COMPANY
r„ WARDROUP & ASSOCIATES, INC.
P. O. BOX 6999
Lubbock TX 79493
B Texas Workers Comp Ins Fund
COMPANY
C Albany Ins. Company
COMPANY
I..r
D
OVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED YO 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 ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
a EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
GENERAL
LIABILITY
GENERAL AGGREGATE Is
2000000
COMMERCIAL GENERAL LIABILITY
CGL 223188
10/01/96
10 / 01 / 97
X
PRODUCTS - COMPIOP AGG
$ 2000000
CLAIMS MADE a OCCUR
PERSONAL & ADV INJURY IS
1000 )0 )
OWNER'S & CONTRACTOR'S PROT
EACH OCCURRENCE
$ 11000000
FIRE DAMAGE (Any one tire)
$ 50000
EE
MED EXP (Any one person)
S 5000
AUTOMOBILE
LIABILITY
ANY AUTO
06-TX-5445-3
10/01/96
10/01/97
COM131NED SINGLE LIMIT
S10(:IUti(:)(i
X
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
FM
HIRED AUTOS
NON -OWNED AUTOS
X
BODILY INJURY
(Per accident) I
S
X
PROPERTY DAMAGE
I $
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
IS
OTHER THAN AUTO ONLY:
I
ANY AUTO
EACH ACCIDENT
S
AGGREGATE!$
EXCESS LIABILITY
EACH OCCURRENCE
S
AGGREGATE
Is
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
Is
B
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
TSF10418504
10/03 /96
10/03/97
X( I STATUTORY LIMITS
EACH ACCIDENT
S 500000,
THE PROPRIETOR/ INCL
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL
DISEASE - POLICY LIMIT
S 500000
DISEASE - EACH EMPLOYEE
$ 50I)(IoO
OTHER
8S22317-96*
10/01/96
10/01/97
,
BUILDERS RISC:
$640,000 PER
JOB
1 250,000 DISASTER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
. CITY OF LUBBOCK - BID #13772 - LP & L
SUBSTATION LANDSCAPING.
ADDITIONAL INSURED AND WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK EXCEPT
WORKER'S COMPENSATION.
CERTIFICATE HOLDER
CANCELLATION
#!
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
'.,ITY OF LUBBOCK
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
P 0. BOX 2000
�BBOCK s TEXAS 79457
117 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF j
ANY KIND UPON THE' O%MPANY, ITS AGENTS OR REPRESENTATIVES. j
AUTHORIZ PRESE:;m
2- 11
CORD 25-S (3/93)
��� �} 0ACORD CORPORATION 1993
A001tl®. CERTIFICATE OF INSURANCE DATE(MIWDD7
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
THE INWEST GROUP, INC. HOLDER. THIS CERTIFICATE .DOES NOT AMEND, EXTEND OR
' 110 N. MARIENFELD ST. , SUITE 330 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
MIDLAND, TEXAS 79701 COMPANIES AFFORDING COVERAGE
COMPANY
A MID-CONTINENT CASUALTY COMPANY
INSURED COMPANY
WARDROUP & ASSOCIATES, INC. B -
P. 0. BBX 6999 COMPANY
LUBBOCK, TEXAS 79493
COMPANY
D
COVERAGES
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 DOCLMENT 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.
1
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE 1 POLICY EXPIRATION I
DATE (MM/DD/YY) DATE (MM/DD/YY) i LIMITS
A
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
FORTHCOMING I
GENERAL AGGREGATE is 1000000
4/10/97 4/10/98 1 PRODUCTS - COMP!OPAGG S
L
CLAIMS MADE OCCUR
! PERSONAL 6 ADV INJURY-: S ,
—r-1
OWNER'S & CONTRACTOR'S PROT
EACH OCCURRENCE $ 1000000
FIRE DAMAGE (Anyone firel i S
'
1
MED EXP (Any one personl '. S ,
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT $ ,
ANY AUTO
I
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ALL OWNED AUTOS
SCHEDULED AUTOS
i BODILY INJURY
(Per person) $
HIRED AUTOS
NON -OWNED AUTOS
! 500ILY INJURY
Per acc aentl S
_ 1
LI
PROPERTY DA,,;AGE $
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT S
ANY AUTO
I r;THER THAN AUTO ONLY: I
EACH ACCIDENT S
AGGREGATES !
EXCESS LIABILITY
I EACH OCCURRENCE S I
UMBRELLA FORM
AGGREGATE $ 1
OTHER THAN UMBRELLA FORM
$ i
WORKERS COMPENSATION AND
I STATUTORY LIMITS 1
EMPLOYERS' LIABILIIY
EAGH ACCIDENT ! $ � I
-THE PROPRIETOR/ INCL
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL
�—
DISI-ASE - POLICY LIMIT S 1
--
I ' DISI°ASE - EACH EMPLOYEE !S
OTHER
1
NAMED INSURED: CI
OF LUBBOCK
I
P.
BOX 2000
1
LUBBOCK,
TEXAS 79453
[ DESCRIPTION OF OPERATIONS/LOCATIONSJVEHICLESfSPECIAL ITEMS
L RE: CITY OF LUBBOCK - BID #13772 - LP & L SUBSTATION LANDSCAPING
CERTIFICATE HOLDER CANCELLATION
I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF LUBBOCK EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
P . 0. BOX 2000 10 DAYS WRITTEN NOTICE TO TI4E CERTIFICATE HOLDER NAMED TO THE LEFT.
LUBBOCK, TEXAS 79457 BUT FAILURE TO MAIL SUCH NOTICE SHALL I*POSE NO -OBLIGATION OR LIABILITY OF
ANY KIND UPON THE CO!APANY. ITS AGE14TS OR :REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25-S (3/93) Oc ACORD CORPORATION 19931
OM
t
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Appropriate Insurance Agent/Broker
Prior to Award of Contract
r I, the undersigned Agent/Broker, certify that the insurance 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 (10) days after being notified of such award by
7 contractor, furnish a valid insurance certificate to the City meeting all of the requirements defined in this
c bid/proposal.
r., Agent (Signature)
E
7 Name of AgentlBroker: _
Address of Agent/Broker:
City/State/Zip:
Agent (Print)
Agent/Broker Telephone Number: ( )
� • Date:
CONTRACTOR'S NAME:
(Print or Type )
CONTRACTOR'S ADDRESS:
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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 #13772 - LP&L SOUTH SUBSTATION LANDSCAPING
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CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based
on proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity
prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after
the contractor knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to
provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at least 19 point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional
words or changes:
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r- REQUIRED WORKERS' COMPENSATION COVERAGE
E
�., "The law requires that each person working on this site or providing services related to this construction project must (see
reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering
equipment and materials, or providing labor or transportation or other service related to the project, regardless of the
identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the
legal requirement for coverage, to verify whether your employer has provided the required coverage, or
r„ to report an employer's failure to provide coverage." and
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements for all of its employees providing services on the project, for
the duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the
project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of
this rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of
the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they
are providing services.❑
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P.M
STATE OF TEXAS
COUNTY OF LUBBOCK
CONTRACT
,.., THIS AGREEMENT, made and entered into this LLth day of Mamh, 1997 by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor thereunto authorized to do so, hereinafter
referred to as OWNER, and Wardroup & Associates of the City of Lubbock, County of Lubbock and the State of
Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and In consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed In the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
BID # 13772 - LP & L SUBSTATION LANDSCAPING-$47,592.86
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 Condition of Agreement.
The CONTRACTOR hereby agrees to commence work wfthln ten days after the date %vritten 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 funds 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.
ATTEST:
681"Z
'ZeciVary
�- APPROVED AS TO CONTENT:
^, Owner' Representative
APPROVED AS TP FORM:
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ATTEST:
.- Corporate Secretary
cl • --• ;� •'
MAYO
CONTRACTOR: -
WARDROUP & ASSO
By:
PRINTED NAME: '
PENNIS W. WARAROUP PRES.
TITLE:
COMPLETE ADDRESS:
Wardroup & Associates
P O Box 6999
Lubbock, Tx 79493
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GENERAL CONDITIONS OF THE AGREEMENT
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9. OWNER
7 2.
7
PM
4.
5.
6.
7.
GENERAL CONDITIONS OF THE AGREEMENT
Whenever the won! 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.
CONTRACTOR
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 Wardroun & Associates 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, City of Lubbock, under whose supervision these contract documents, including plans and
specifications, were prepared, and WAYNE HICKS, SUPERINTENDENT OF ELECTRIC DISTRIBUTION, 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 shalt not directly supervise the Contractor or persons acting
on 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
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.
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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, fumish 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 Owners Representative. The Owners Representative will _
check the Contractors layout of all major structures and any other layout work done by the Contractor at
Contractors request, but this check does not relieve the Contractor of the responsibility of correctly locating all
work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished 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 Owners 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 Contractors 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 Owners 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 Owners
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 Owners Representative at —Contractors expense.
F
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative 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 cases,
r" 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.
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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 accordance with the specifications therefore. The Contractor shall
!" furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the
proper inspection and examination of the work. The Contractor shall regard and obey the directions and
instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and
�.. instructions are consistent with the obligations of this Agreement and accompanying plans and specifications
provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or
inspector, the Contractor may within 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
r" representatives of the Contractor is essential to the proper performance of the work and lack of such supervision
t 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 bome by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of 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 the work, the confirmation of the ground, the character, quality and quantity of materials to be
encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the
work, and the general and local conditions, and all other matters which in any way 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.
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
manor 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.
t.-
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 will 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 bome 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.
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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.
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.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit,
in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof,
either before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for
a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount
{ of work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make
such changes or alterations as shall make useless any work already done or material already furnished or used in
said work, then the Owner shall recompense the Contractor for any material or labor so used, and for 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 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership
Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for
the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent
(15%) of the 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 days
prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any 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
4
i
" 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
r agents or employees, 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 Owners 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.
28. CONTRACTOR'S INSURANCE
r
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All
policies shall contain an agreement on the part of the insurer waiving the right to subrogation.
I~
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.
The insurance certificates furnished shall name the City as an additional insured, or in the alternative,
shall be accompanied by a statement from the Contractor to the effect that no work on this particular
project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all
proof of coverage insurance documents including workers compensation coverage for each
subcontractor.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $200.000 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
roll Personal Injury
` Advertising Injury
i
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
For bodily injuries, including accidental death and or property damage, $200.000 Combined Single Limit.
This policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance r.
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $150.000 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 sods to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance Policy
The Contractor shall obtain a Builder's Risk policy in the amount of ° (100%
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 $500,000.
1. Definitions:
Certificate of coverage ("certificate') - A copy of a certificate of insurance, a certificate of
authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-
82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the duration of the project. ^
Duration of the project - includes the time 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 0
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.
G
r,
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the contractor's current certificate of coverage ends during the
duration of the project, the contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
5. The contractor shall obtain from each person providing services on the project, and provide to
the governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
6 The contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
t•
7. The contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the contractor knew or should have known, of any change that
r materially affects the provision of coverage of any person providing services on the project.
i
8. The contractor shall post on each project site a notice, in the text, form and manner prescribed
OM by the Texas Workers' Compensation Commission, informing all persons providing services on
j 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
f 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;
r■-
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
t7
(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 codes
and payroll amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self -insured, with the commission's Division of Self -
Insurance Regulation. Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
11. The contractor's failure to comply with any of these provisions is a breach of contract by the
contractor which entitles the governmental entity to declare the contract void if the contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the
Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as
evidence of compliance with the above insurance requirements, signed by an authorized representative
of the insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by
such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by
such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured
at the address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the
job specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of
the project based on proper reporting of classification codes and payroll amounts and
filling of any coverage agreements;
(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 worts on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(ii) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the 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:
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
project, regardless of the Identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 5121440-3789 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 employees
providing services on the project, for the duration of the project;
r- (ii) provide a certificate of coverage to the contractor prior to that person beginning
work on the project;
�i
(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 coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the
contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage
showing extension of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of -the
project;
(vi) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(vii) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (A) - (H), with the certificate of coverage to be provided
to the person for whom they are providing services.
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 f
FURNISHERS OF MACHINERY, EQUIPMENT 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 any party under this paragraph must be in writing.
a*
i . 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
r„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
r- the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If
i 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.
r 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 contract or 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
17* 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.
34. TIME 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 time for completion as specified in the contract of work to be done hereunder are essential
conditions of this contract; and it is further mutually understpod 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
ra 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 $200.00 (TWO HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated
r „ damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor
1 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
r completion of the work described herein is reasonable time for the completion of the same, taking into
consideration the average climatic 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. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor
shall be allowed to prosecute 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 constructing work done under this contract so that conflicts
will be avoided and the construction of the various works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the _
Contractor will start the several parts of the work and estimated dates of completion of the several parts.
36. EXTENSION OF TIME
The Contractor agrees that he has submitted his bid in full recognition of the time required for the completion of
this project, taking into consideration the average climatic range and industrial conditions prevailing in this
locality, and has considered the liquidated damage provisions of paragraph 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 consider such written request and respond to
Contractor in writing granting or rejecting the request for an extension of time to complete the project.
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. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the
event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the
specifications, plans and other contract documents are intended to show clearly all work to be done and material
to be furnished hereunder. Where the estimated quantities are shown 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
r
somewhat from these estimates, and that where the basis for payment under this contract is the unit price
method, payment shall be for the actual amount of work done and materials furnished on the project.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining properly or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under
1 - 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
r' 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.
r 40. PRICE FOR WORK
i
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work
r` 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.
i 41. PAYMENTS
r- 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
x` 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.
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 fault 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.
5-a
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 fumished under the
terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the
31st day after the date of certificate of completion, the balance due Contractor under the terms of this
agreement, provided he has 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 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 bearthe expense of restoring all work of
other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any
such condemned work within a reasonable time after a written notice by the Owner or the Owner's
Representative, Owner may remove and replace it at Contractor's expense.
46. CORRECTION OF WORK AFTER FINAL PAYMENT
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.
47. PAYMENT WITHHELD
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.
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d . 48. TIME 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
rin writing. In case 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
f.. final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a
c 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
ri another contractor, in completion of the work; and .the Contractor shall not receive any rental or credit therefore
j (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 hereinbefore provided for
within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either
e► 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
J 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
(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
PIK 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
101, 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
I,
Owner as the case may be, shall pay the balance due as reflected by said statement within 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 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 hereinabove, and there
remains any machinery; equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety 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.
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 within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly
abandon the 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 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 equitableprice, 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 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.
51. BONDS
The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$25,000. 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,
i
or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be
sustained and bome by the Contractor at his own cost and expense.
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54. INDEPENDENT CONTRACTOR
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
f-- in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect
s 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
f
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at
+^ the completion of the work 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.
PM
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4
C >
CURRENT WAGE DETERMINATIONS
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xesoluLion iw. )i�i
March 14, 1996
Item #19
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 further updated by
Resolution No. 2502 enacted January 8, 1987; 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
Exhibit C.
Overtime Rate
Exhibit D:
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 14th
ATTEST:
&iz - I I (-�-&
Betty M. J on, City Secretary
APPROVED AS TO CONTENT:
-W�/ avl-l�
Wa-ryAndrYws, Managing Director of
Human Resources
APPROVED AS TO FORM:
a old Willard, Assistant City Attorney
HW.da/ccdocs/pubworks.res
February 14, 1996
2
�:11: j_
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft Hourly Rate
Acoustical Ceiling Installer
10.00
Air Conditioner Installer
11.00
Air Conditioner Installer -Helper
5.50
Asbestos Worker
8.00
Asbestos Supervisor
11.00
Bricklayer
11.00
Bricklayer -Helper
6.00
Carpenter
11.00
Carpenter -Helper
6.00
Cement Finisher
7.50
Drywall Hanger
10.00
Electrician
13.00
Electrician -Helper
6.00
Equipment Operator -Heavy
8.50
Equipment Operator -Light
7.50
Floor Installer
8.50
Glazier
8.00
Insulator-Piping/Boiler
9.00
Insulator -Helper
5.50
Iron Worker
8.00
Laborer -General
5.50
Mortar Mixer
5.50
Painter
9.50
Plumber
10.50
Plumber -Helper
6.00
Roofer
8.00
Roofer -Helper
5.50
Sheet Metal Worker
8.75
Sheet Metal Worker -Helper
5.50
Welder -Certified
10.00
EX MIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft
Howie Rate
Asphalt Heaterman
6.00
Asphalt Shoveler
5.50
Concrete Finisher
7.35
Concrete Finisher -Helper
5.75
Electrician
10.50
Flagger
5.50
Form Setter
6.50
Form Setter -Helper
5.50
Laborer -General
5.50
Laborer -Utility
6.25
Mechanic
7.25
Mechanic -Helper
5.50
Power Equipment Operators
Asphalt Paving Machine
7.00
Bulldozer
7.00
Concrete Paving Machine
7.00
Front End Loader
6.50
Heavy Equipment Operator
7.00
Light Equipment Operator
6.50
Motor Grader Operator
8.50
Roller
6.00
Scraper
6.50
Tractor
6.50
Truck Driver -Li&
6.00
Truck Driver -Heavy
6.50
EJHUBIT C
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate.
E7HMTT D
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is 1 1/2 times base rate.
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F,
SPECIFICATIONS
fool
LPL South Substation Landscaping
Lubbock Power and Light
SECTION 01 SUMMARY OF WORK
I. General
A. Scope of Project
1. Contractor shall supply all supervision, perform all work, famish all labor,
tools, materials, equipment, and incidentals necessary to fully and properly
perform all work as shown on the plans and described in the specifications.
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.
2. 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 Lubbock Power and Light.
B. Work Included:
1. Section 02 - Product Substitution
2. Section 03 - Earthwork & Grading
3. Section 04 - Concrete work
4. Section 05 - Plant Material
5. Section 06 - Irri ag tion
C. Additional Information
1. All information under General Instructions To Bidder, General Conditions
of Agreement, and Special Conditions apply to this section.
2. Bidder shall be prepared to send owner a price breakdown of any and/or all
items on which he has bid. Price breakdowns will only be requested after
the bid opening has taken place.
3. These plans and specifications were prepared by Lubbock Power and Light
(which shall be called Owner). Owner shall verify all construction stakes
for locations of elements at project sites.
D. Quality Assurance
1. Contractors on Site Responsibilities
A Contractor shall take all precautions necessary to protect remaining trees,
utilities, etc., in the area where the work is being done or that may be
located adjacent to or in -route across park property to the job site. The
Contractor shall rebuild, restore, and make good at his own acpense, all
injury and damage to same which may result from work being carried out
under this contract.
B. The Contractor and employees shall not park on unsurfaced park property
and shall not drive vehicles across park land unless it is directly necessary
to deliver materials to the job site.
C. The Contractor shall take all necessary precautions to ensure the safety of
any park visitors during the demolition, construction and clean-up
operations. The Contractor shall maintain and keep in good repair the
work intended under these Plans and Specifications and shall perform all
necessary repair, construction, and renewal to the date of acceptance by
Owner.
. D. Any utility and irrigation lines shown on plans are for design and
construction information only. The depths of utility lines are not
guaranteed. All underground lines are referenced from known surface
structures. It is not implied that all existing public utility lines are shown
on plan. The Contractor's attention is directed to the fact that other
underground utility lines may exist of which the Owner is not aware. The
owner does not assume any responsibility for any public utilities that are
not shown on plans. It is the Contractor's obligation to locate and
familiarize himself with all utilities and to provide for their safety. Damage
to utilities will be repaired at Contractor's Expense. Lubbock Power and
Light staff will assist in the design and relocation of utility lines.
E. Contractor shall be responsible for protection of unfinished work and shall
be responsible for the safety of individuals 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
debris and unusable material from proposed construction areas. Owner
shall retain the right to any existing materials deemed to have value.
H. Contractor shall be responsible for inspection of site, to verify all existing
conditions. Contractor shall be responsible to fully and properly complete
all work as described in the specifications and shown on plans.
2. 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.
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3. Equipment Check
A The Contractor shall, one week after installation of equipment, check that
all parts are secure and are in good working condition.
4. Clean-up
A. Demolition debris shall be removed from the site prior to commencement
of construction work
B. Within three days after completion of site, the contractor shall clean,
remove rubbish and temporary structures from the site. He shall restore
adequately all property, to its original integrity both public and private,
which has been damaged during the execution of work, and leave the entire
site of the work in a neat and presentable condition. The cost of the
"cleanup" shall be included as a part of the cost of the various items of
work involved, and no direct compensation will be made for this work.
This work shall be done before final acceptance by the owner will be
considered.-
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.
5. 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
3
SECTION 02 PRODUCT SUBSTITUTION
I. General
A. Work Included:
1. Section 01 - Summary of work
2. Section 03 - Earthwork & Grading
3. Section 04 - Concrete work
4. Section 05 - Plant Material
5. Section 06 - Irrigation
H. Substitutions
A. Conditions for substitutions ("OR EQUAL")
1. 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:
a. Product identification, including manufacturer's name, address, and
product literature.
b. Product description. —
c. Product performance and test date.
d. Reference standards.
e. Manufacturer instructions for maintenance and repairs.
2. Request for substitution should be included with the overall bid and will be
considered before contract is awarded.
3. After contract is awarded, no substitutions will be considered. It will be -
Bidder/Contractor's responsibility to assure the availability of specified
product or substitution before bid date.
4. Bidder shall provide the same guarantee for substitution as for product or
method specified.
5. Bidder shall coordinate installation of accepted substitution into work,
making such changes as may be required for work to be complete in all -`
aspects.
6. Bidder shall waive all claims for additional costs related to substitution that
consequently becomes apparent.
7. Bidder shall be prepared to send owner a price breakdown of any and/or all
items on which he has bid. Price breakdowns will only be requested after _
the bid opening has taken place.
B. Substitutions will not be considered if:
1. They are indicated or implied on shop drawings or project data submittals _
without being formally described in detail as to their differences from what
was originally specified.
2. Acceptance will require substantial revision of the original layout of the
project.
4
SECTION 03 EARTHWORK AND GRADING
I. General
A Scope of Project:
1. The contractor shall furnish all topsoil, labor, material, tools,
equipment, supervision, and incidentals necessary for a proper and
complete installation as required to perform excavation, grading,
backfill, compaction, and stock piling of material as specified herein
and on the plans.
B. Related Work Specified Elsewhere:
1. Section 01- Summry of work
2. Section 02 - Product Substitution
3. Section 04 - Concrete work
4. Section 05 - Plant Material
5. Section 06 - Irrigation
C. Additional Information:
1. All information under GENERAL CONDITIONS OF
AGREEMENT, GENERAL INSTRUCTION TO BIDDER, and
SPECIAL CONDITIONS, apply to this section.
2. The bid amount shall be total cost for work mentioned in the scope
of work.
II. Products
A Material -Site Fill:
1. Fill material shall be free from trash, lumber, debris, roots over 1"
diameter, matted roots, rocks over 1 1/2" in diameter, highly plastic
soils or other deleterious materials.
B. Material - Top Soil:
1. Fill material, if necessary, shall be provided by Contractor.
2. Natural, fertile, friable soils possessing characteristics of soils in the
vicinity which produce heavy growth of crops, grass or other
vegetation.
3. Topsoil shall be free of subsoil, brush, organic litter, objectionable
weeds, clods, shale, stones 3/4" dimension or larger, stumps,
roots, or other materials harmful to grading, planting, plant growth,
or maintenance operations.
III. Execution
A Protection:
1. Carefully maintain bench marks, layout stakes, and reference points.
2. Protect property, including adjoining property and public right-of-
way, from damage by trucks and equipment.
3. Protect active utilities to be retained on site, whether shown on
drawing or uncovered during excavation operations. If damaged,
repair at Contractor's expense.
4. Keep excavations free of water.
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�" S
B. Site Preparation:
1. Strip existing top soil from areas affected. Stockpile on site
for re -use.
2. Contractor shall be responsible for removing unusable material
from site.
3. All unstable or otherwise objectionable material shall be
removed from the subgrade and replaced with approved
material.
4. Burning and blasting on site shall not be permitted.
C. Evacuation:
1. Excavate to bring areas to grade and subgrades indicated. Scarify
excavated areas occurring under concrete to a depth of 6", then
compact to required density.
2. Stockpile all excavated material on site; exact location to be approved
by Owner.
3. Contractor to separate top soil and subsoil into two (2) piles.
4. Remove underground obstructions, where rock is encountered at
subgrade, under cut minimum of 15" below and backfill with approved
fill.
D. Fill and Backfill:
1. Placing: Place material in loose, even successive lifts not to exceed the
following depths: (if applicable).
a. Fill below concrete slabs: Max. 8" high lifts to overall
compacted depth as indicated on drawings.
b. Site fill and backfill: Max. 12" high lifts.
2. Compaction: Thoroughly and evenly compact each lift to the following
densities:
a. Fill below concrete slabs: Not less than 95% standard density
to at least four (4) feet outside of slab.
b. Site fill: Not less than 90°/o standard density.
3. Test rolling will be accomplished with a 25 ton pneumatic tire roller or
other pneumatic tire roller. Up to six passes of the roller may be
required in deterring the condition of the subgrade.
Any soft or unstable areas found by test rolling will be corrected by
removing the soft or unstable material and replacing it with suitable
soil compacted to specified density. The areas so corrected shall be
test rolled as specified above.
4. Moisture Control: When moisture must be added prior to compaction,
uniformly apply water to surface, but do not flood. Free water shall
not appear on surface during or after compaction operations. Remove
and replace, or scarify air-dry soil too wet to allow proper compaction.
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E. Grading:
1. Uniformly grade areas, including adjacent transition areas to smooth
surface at required grades and elevations. Adjust contours to eliminate
water pending, and provide positive drainage.
2. Finish Grades Adjacent to Pavement: Cut or fill so that soil areas
adjacent to concrete are 1 1/2" below new or existing concrete. Slope
soil smoothly back to adjacent grade as shown on plans.
3. Preliminary Grading: Should allow for a minimum of 4" topsoil to be
placed in all areas, which topsoil is needed to achieve a final desired
grade.
F. Finish Grading:
1. Fine grade areas to achieve final contours acceptable to Owner.
2. Provide uniform rounding at top and bottom of slopes and other
breaks in grade. Correct irregularities and areas where water will
stand.
3. Topsoil:
a. Place topsoil to 4" depth over areas modified by work or this
contract, which are not covered by buildings, walks, or paving.
b. Uniformly distribute topsoil to required grades; feather back to
where grades remain unchanged.
c. Place and compact topsoil in manner conducive to the growth
and maintenance of plant material.
d. Degree of finish shall be that ordinarily obtainable with blade or
scraper operations. Remove rubbish, vegetation, and rocks over
3/4" diameter. Leave areas smooth and suitable for
establishment of lawns and planting. Correct irregularities and
areas where water will stand.
G. Maintenance:
1. Before final acceptance, protect newly graded areas from traffic,
construction, weather damage, washing, erosion and rutting, and repair
such damage that occurs.
2. Correct settlement below established grades to prevent ponding of
water
3. All excess material and waste to be removed from site, and work to be
left in clean, finished conditions.
H. Final Acceptance:
1. Site shall be thoroughly inspected by Owner prior to final acceptance.
2. Any areas needing further grading or other attention shall be completed
to Owner's satisfaction.
7
IV. SPECIFICATIONS FOR SUBSOIL PREPARATION (Where Topsoil shall be
added. This specification applies where additional topsoil shall be placed over
existing soil.)
A General:
1. The contractor shall furnish all topsoil, labor, material, tools, equipment,
supervision, and incidentals necessary for a proper and complete
installation required to complete the work described herein in strict
accordance with the drawings and/or terms of the contract.
B. Grading:
1. Grades on the areas to be topsoiled which have been previously
established in conformance with the drawings and/or other applicable
specifications shall be maintained in a true and even grade.
C. Tilling:
1. After the area to be topsoiled have been brought to grade, compacted
where necessary and immediately prior to dumping and spreading the
topsoil, the subgrade shall be loosened by disking or by scarifying to a
depth of at least two inches to permit bonding of the topsoil to the
subsoil.
D. Acceptance:
I. Acceptance shall be given by the owner upon satisfactory completion
of each section or area as indicated on the drawings or as otherwise
specified.
V. SPECIFICATIONS FOR TOPSOIL MATERIAL AND APPLICATION
Note: (Topsoil on the existing site may often be used, but it should meet the same
standards as set forth in these specifications.)
A. General:
1. The contractor shall furnish all topsoil, labor, material, tools,
equipment, supervision, and incidentals necessary for a proper and
complete installation required to complete the work described herein in
strict accordance with the drawings and/or terms of the contract.
B. Materials:
1. Topsoil shall be a loamy sand, sandy loam, clay loam, loam, silt loam,
sandy clay loam or other soil approved by the architect. It shall not
have a moisture of subsoil and contain no slag, cinders, stones, lumps
of soil, sticks, roots, trash or other extraneous materials larger than
3/4 inches in diameter. Topsoil shall be free of viable plants or
plant parts of common Bermuda- grass, quackgrass, johnsongrass,
nutsedge, poison ivy, Canada thistle, or others as specified. All topsoil
shall be tested by a reputable laboratory of pH and soluble salts. If
not, the contractor shall assume full responsibility for any loss or
damage to trees or turfgrass arising from pH and / or soluble salt
problems
8
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C. Grading:
1. The topsoil shall be uniformly distributed on the designated area and
shall be a minimum of four inches, six inches preferred, after firming.
Additionally, some incorporation with subgrade is necessary to form a
transition zone between the surface material and the subgrade.
Grading shall result in a smooth surface. The surface shall be rolled to
remove air pockets and provide a firm base for the sod. Any
irregularities in the surface resulting from topsoiling or other operations
shall be corrected in order to prevent the formation of depressions or
water pockets. Topsoil shall not be placed while in a frozen or muddy
condition, when the subgrade is excessively wet, or in a condition that
may otherwise be detrimental to proper grading, or proposed for
turfgrass sod installation.
D. Clean Up:
1. After the topsoil has been spread and the final grades approved, it shall
be cleared of all grade stakes, surface trash and other objects. Paved
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areas over which hauling operations are conducted shall be kept clean,
and any soil which may be brought upon the surfacing shall be
promptly removed. The wheels of all vehicles shall be kept clean to
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avoid tracking soil on the surfacing of roads, walks or other paved
areas.
VI. FINAL SOIL PREPARATION
Note: (Specifications given in this section apply both to areas where topsoil has
been added and to areas where soil from the existing site is used.)
A General:
1. The contractor shall furnish all topsoil, labor, material, tools, equipment,
supervision, and incidentals necessary for a proper and complete
installation required to complete the work described herein in strict
accordance with the drawings and/or terms of the contract.
B. Materials:
1. (Non applicable) Soil tests shall be made to determine the exact
r requirements for any amendments. Soil tests shall be conducted by a
reputable laboratory.
a. Final Grading: Any undulations or irregularities in the surface
resulting from tilling or other causes shall be smoothed
otherwise, shall be reconstructed and all grades re-established by
the contractor in accordance with the drawings and/or other
applicable specifications.
C. Clean Up:
C- 1. The surface shall be cleared, to a depth of four inches, of all trash,
debris, stones larger than 3/4 inches in diameter, and of all roots,
brush, wire, grade stakes and other objects.
7 D. Acceptance:
1. Acceptance shall be given by the owner upon satisfactor completion
of each area as indicated on the drawings or as otherwise specified.
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9
SECTION 04 CONCRETE WORK
I. General
A. Work Included:
1. Section 01 - Summary of work
2. Section 02 - Product Substitution
3. Section 03 - Earthwork & Grading
4. Section 05 - Plant Material .
5. Section 06 - Irrigation
B. Subgrade Preparation
1. Subgrade preparation to include removal, hauling, and disposal
of all excavation of sub -soil, concrete, construction debris,
unusable material, and any other obstructions shown on plans
or as designated by Owner.
C. Site Preparation
1. Contractor is responsible for layout of work based on plan
dimensions, excavation, grading, leveling, and compaction of
subgrade and fill material.
2. Owner will approve initial elevation of slabs for structures and
contractor shall be responsible for all sidewalk grades.
3. Contractor shall verify work to Owner after subgrade
preparation is completed prior to actual construction.
D. Codes and Standards:
1. Comply with the provisions of the following codes,
specifications and standards, except where more stringent
requirements are shown or specified.
2. ACI 347 "Recommended Practice for Concrete Form Work."
ACI 304 Recommended Practice for Measuring, Mixing,
Transporting and Placing Concrete." Concrete Reinforcing
Steel Institute, "Manual of Standard Practice."
3. All handicap accessibility and ramps shall comply with current
ADA guidelines and recommendations.
E. Workmanship:
1. The Contractor is responsible for correction of concrete work
which does not conform to the specified requirements,
including strength, tolerances and finishes. Correct deficient
concrete as directed by the Owner.
2. Contractor to have a minimum of 3 years experience in forming and
pouring concrete of a similar nature and scope.
3. Concrete shall meet minimum strength specified on details.
4. 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.
10
II. Products
A Form Material:
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1. 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."
,..
2. Use Plywood complying with U.S. Product Standard PS-1 "b-B
(Concrete Form) Plywood" Class 1, Exterior Grade or better, concrete -
oiled and edge -sealed, with each piece bearing legible trademark of an
approved inspection agency, unless otherwise acceptable to Owner.
B. Reinforcing Materials:
1. Welded Wire Fabric: ANSI/ASTM A 615, with Supplementary
•-
Requirements (sl), and as follows:
a. Provide Grade 60, except No. 3 ties and stirrups may be
Grade 40.
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2. Welded Wire Fabric: ANSI/ASTM A 185, welded steel wire fabric.
3. 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 CRSL unless
otherwise specified. Wood, brick and other devices will not be
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acceptable.
a. For slabs -on -grade, use supports with sand plates for horizontal
runners where wetted base materials will not support chair legs.
rb.
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
rprotected.
C. Concrete Materials:
1. Portland Cement: ANSI/ASTM C 150, Type L with fibermesh, unless
otherwise acceptable to Owner.
2. Portland Cement: ANSUASTM C 150, Type H, with fibermesh, unless
otherwise acceptable to Owner.
3. Use only one brand of cement throughout the project, unless otherwise
acceptable to Owner.
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4. Aggregates:
a. Clean, sharp, natural sand free from loam, clay, lumps or other
deleterious substances.
1. Dune sand, bank -run sand, and manufactured sand are
not acceptable.
b. Coarse Aggregate: ANSI/ASTM C33. Clean, uncoated,
processed aggregate containing no clay, mud, loam, or foreign
matter as follows:
1. Crushed stone, processed form natural rock or stone.
2. Washed gravel, either natural or crushed. Use of pit or
bank- run gravel is not permitted.
3. Provide aggregate from a single source for all exposed
concrete.
c. 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.
d. These limitations may be waived, if in the judgment of the
Owner, workability and methods of consolidation are such that
concrete can be placed without honeycomb or voids.
D. Water: Clean, fresh, drinkable.
E. Air -Entraining Admixture: ANSI/ASTM C 260.
F. Water -Reducing Admixture: ANSI/ASTM C 490, Type A, containing not
more than 1% chloride ions.
G. Set -Control Admixtures: ASST. C 494, as follows:
Type B, Retarding.
Type C, Accelerating.
Type D, Water -reducing and Retarding.
Type E, Water -reducing and Accelerating.
1. Calcium chloride will not be permitted in concrete, unless otherwise
authorized in writing by Owner.
H. Related Materials:
1. Expansion Joints: Redwood 1" x 4" select heart grade lumber as
specified on detail. Joints of 12' or less shall be one continuous piece
installed as shown on detail.
2. 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.
3. Absorptive Cover: Burlap cloth made from jute or kenaf, weighing
approximately 9 oz. pr. sq. yd., complying with AASHO M 182,
Class 3.
12
4. Moisture -Retaining Cover: One of the following, complying with
ASTM C 171.
Waterproof paper
Polyethylene film
Polyethylene -coated burlap
I. Proportioning and Design of Mixers:
1. 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.
I Admixtures:
1. 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 following limits:
a. Concrete structures and slabs exposed to freezing and thawing
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or subjected to hydraulic pressure:
b. 6% for maximum 1" aggregate.
6% for maximum 3/4" aggregate.
2. Use admixtures for water -reducing and set -control in strict compliance
E
with the manufacturer's directions.
3. Use amounts of admixtures as recommended by the manufacturer for
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climactic conditions prevailing at the time of placing. Adjust
quantities and types of admixtures as required to maintain quality
control
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K. Slump Limits:
1. Proportion and design mixes to result in concrete slump at the point of
placement as follows:
a. Ramps and Sloping Surfaces: Not more than 3".
b. All Other Concrete: Not less than 1" and not more than 4".
L. Concrete Mixing:
1. Ready -Mix Concrete: Comply with the requirements of ANSI/ASST.
C 94, and as herein specified.
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2. 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.
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3. During hot weather, or under conditions contributing to rapid setting of
concrete, a shorter mixing time than specified in ANSVASTM C 94
may be required.
r.
4. 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
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mixing and delivery time to 60 minutes.
7
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III. Execution
A. Forms:
1. General
a. Plan out the layout of formwork to allow for access to the inside
of the playground for the concrete truck to reduce the impact on
the site. The section will be formed and poured when the rest of
the pour is finished.
b. 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.
c. Design form work to be readily removable without impact,
shock, or damage to cast -in -place concrete surface and adjacent
materials.
d. Forms shall not leak cement paste. .
e. 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, recesses and the like, to prevent
swelling and for easy removal.
e. 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.
f.. 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.
Form Ties:
a. Factory -fabricated, adjustable -length, removable, or snap off
metal form ties, designed to prevent form deflection, and to
prevent spalling concrete surfaces upon removal.
b. 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.
2.
14
7
3.
Cleaning and Tightening:
a. Thoroughly clean forms and adjacent surfaces to receive
concrete. Remove chips, wood, sawdust, dirt or other debris
I'
just before concrete is placed.
b. Re -tighten forms after concrete placement if required to
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eliminate mortar leaks.
B. Placing Reinforcing:
1.
Comply with the specified codes and standards, and Concrete
"Placing
Reinforcing Steel Institute's recommended practice for
Reinforcing Bars", for details and methods of reinforcement placement
and supports, and as herein specified.
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2.
Clean reinforcement of loose rust and mill scale, earth, ice, and other
materials which reduce or destroy bond with concrete.
3.
Accurately position, support, and secure reinforcementagainst
displacement by Form work, construction, or concrete placement
operations. Locate and support reinforcing by metal chairs, runners,
bolsters, spacers and hangers, as required.
4.
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.
'.
5.
Do not place reinforcing bars more than 2" beyond the last leg of
c
continuous bar support. Do not use supports as bases; for runways for
concrete conveying equipment and similar construction loads.
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6.
Install welded wire fabric in as long lengths as practicable. Lap
adjoining pieces at least one full mesh and lace splices with wire.
Offset end laps in adjacent widths to prevent continuous laps in either
direction.
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C. Joints:
General
1.
Construction Joints: Locate and install construction joints so as not to
impair the strength and appearance of the structure, as acceptable to
the Owner.
�.
a. Provide key ways at least 1 1/2" deep in all construction joints in
j
walls, slabs and between walls and footings; acceptable
t
bulkheads designed for this purpose may be used for slabs.
b. Place construction joints perpendicular to the main
reinforcement. Continue all reinforcement across construction
joints.
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p. 15
2. Control Joints: shall be used (in conjunction with expansion joints -see
E LCAA) as specified on plans. Placement of control joints shall
correspond to plans. Control joints shall be placed every four to eight
feet in most cases but shall never be more than twenty feet apart in any
direction. When possible, jointed panels shall be approximately square
in shape. Control joints shall be continuous, not staggered or offset.
Control joints shall be 1/2" wide and 3/4" deep, tooled or sawn in
place. Tooled control joints shall have a 1/8" radius.
3. 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.
4. 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.
a. Expansion joints shall be max. 20' o.c., unless otherwise shown.
b. 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, place or clip
joint filler section together. Form top edge of filler to conform
to top profile of concrete.
c..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.
d. Expansion joints shall be located at the intersections of all
concrete elements and at max. 30' in sidewalks or every 15' to
20' each way in larger areas. Expansion joints shall be 1/2" wide
and contain 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.
5. 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.
6. 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.
16
r-a
Thin form -coating compounds only with thinning agent of type, and in
amount, and under conditions of the form -coating compound
r" 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.
D. Concrete Placement:
1. General:
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a. Comply with ACI 614, and as herein specified.
b. Deposit concrete continuously or in layers of such thickness that
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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.
c. Deposit concrete as nearly as practicable to its final location to
avoid segregation due to re -handling or flowing.
2. Pre -Placement Inspection:
a. Before placing concrete, inspect and complete the Formwork
installation, reinforcing steel, and items to be embedded or
cast -in.
b. Thoroughly wet wood forms immediately before placing
concrete, as required where form coatings are not used.
3. Placing Concrete in Forms:
!
a. Deposit concrete in forms in horizontal layers not deeper than
18" and in a manner to avoid inclined construction joints.
b. Consolidate placed concrete by mechanical vibrating equipment
supplemented by hand -spading, rodding or tamping. Use
vibrators designed to operate with vibratory element submerged
r"
in concrete, maintaining a speed of not less than 6000 impulses
per minute.
c. 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
r^ complete embodiment of reinforcement and other embedded
items without causing segregation of the mix.
7
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17
E
4. Placing Concrete Slabs:
a. 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.
b. Consolidate concrete during placing operations so that concrete
is thoroughly worked around reinforcement and other embedded
items and into corners.
c. 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.
d. Maintain reinforcing in the proper position during concrete
placement operations.
E. Fish of Formed Surfaces:
1. Finishing Procedures:
a. After striking -off and consolidating concrete, smooth the surface
by screeding and floating. Do not use "Jitterbugs", except on
accessible ramp surface. Use hand methods only where
mechanical floating is not possible. Adjust the floating to
compact the surface and produce a uniform mixture.
b. 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.
c. 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.
d. After completion of floating and excess moisture or surface
sheen has disappeared complete, surface finishing as follows:
2. 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 the Owner.
b. On inclining slab surfaces, provide a coarse, non -slip finish by
scoring surface with a stiff -bristled broom.
18
F. Concrete Curing and Protection:
C g
1. 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.
a. 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.
b. 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
7
above 50 degrees F. Avoid rapid drying at end of final curing
period.
2. Curing Methods: Perform curing of concrete by moist curing or by
7
moisture retaining cover curing or by combinations thereof, as herein
specified.
a. Provide moisture curing by following methods:
b. Keep concrete surface continuously wet by covering with water.
Continuously water -fog spray.
c. Covering concrete surface with specified absorptive cover,
rthoroughly
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.
d. Provide moisture -cover curing as follows: Covering concrete
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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
7
materials and waterproof tape.
3. Curing Formed Surfaces: Cure formed concrete surfaces, including
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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
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specified above, as applicable.
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19
4. Curing Unformed Surfaces: Initially cure unformed surfaces, such as
slabs, floor topping, and other flat surfaces by moist curing.
a. Final cure unformed surfaces, unless otherwise specified, by
methods specified above, as applicable.
b. Final cure concrete surfaces to receive liquid floor hardener or
finish flooring by use of moisture -retaining cover, unless
otherwise directed
G. Mscellaneous Concrete Items:
1. 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.
2. 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 termination's slightly
rounded.
3. 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.
H. Concrete Surface Repairs:
I. Patching Defective Areas: Repair and patch defective areas with
cement mortar immediately after removal of forms, but only when
acceptable to Owner.
2. 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 I". 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.
3. 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.
20
I
4. 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's
^,
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.
5 Repair finished unformed surfaces that contain defects with adversely
affect 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
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conditions.
6. Correct high areas in unformed surfaces by grinding, after concrete has
cured at least 14 days.
^-
7. 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
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adjacent concrete. Proprietary patching compounds may be used when
acceptable to Owners.
8. 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. Mix
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.
9 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
r. 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 concrete. Keep patched
area continuously moist for not less than 72 hours.
a. Use epoxy -based mortar for structural repairs, where directed by
Owner.
b. Repair methods not specified above may be used, subject to
acceptance of Owner.
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�.
I. Quality Control Testing During Construction:
1.. Sampling and testing for quality control during the placement of
concrete may include the following, as directed by the Owner: —
2. Sampling Fresh Concrete: ASTM C 172, except modified for slump
to comply with ASTM C 94. —
3. Slump: ASTM C 143; one test for concrete load at point of
discharge; and one test for each set of compressive strength test
specimens. _
4. 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. _
5. Concrete Temperature: Test hourly when air temperature is 40 deg. F.
and below, and when 80 degrees F. and above; and each time a set of
compression test specimens is made. —
6. 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 are
required.
7. 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, 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.
END OF SECTION
22
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SECTION 05 PLANT MATERIALS
I. General
A Scope of Project
1. To furnish and install all trees, shrubs, and grass seeding w shown on
the plans and described in the specifications.
B. Related work as specified elsewhere:
1. Section 01 - Summary of work
2. Section 02 - Product Substitution
3. Section 03 - Earthwork & Grading
4. Section 04 - Concrete work
5. Section 06 - Irrigation
C. Additional Information
1. All information under GENERAL INSTRUCTIONS TO BIDDER,
CONDITIONS OF AGREEMENT, and SPECIAL CONDITIONS
apply to this section.
2. The bid amount shall be for the total cost for work mentioned in the
scope of work.
H. Quality Assurance
A Qualifications of Bidder
1. Bidder to have minimum of 3 years experience on projects of similar
characteristics and size.
2. Bidder to furnish, at Owner's request, references of work for
determination of ability of Bidder to perform work.
3. Bidder to inspect site to become familiar with site conditions prior to
bid. Failure to do so will not relieve Bidder of performing work as
required in the specifications at no expense to the Owner.
4. Bidder is to provide a specific construction date at the time bid is
received by Owner. 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.
B. Quality of Plant Material
1. All plant material shall conform to ANSI 260.1973 (RI 980).
2. Plant material to be true to botanical and common name variety as
specified.
3. Plant material to be sound, healthy and vigorous, well branched and
densely foliated (when in leaf), and have healthy, unbroken, well
developed root systems.
4. Plant material to be free from disease, insects, and defects such as
knots, sun scald, windburn, injuries, abrasions, or disfigurement.
r.. 23
S. All trees shall have straight trunks, unless specified otherwise, and
canopy branches to begin no lower than four (4) feet in height
(evergreen conifers are excluded).
6. Plants collected from the wild or balled and potted plants are
not acceptable.
7. Minimum Root Zone Dimensions:
Shade/Deciduous ConiferBroadleafed Evergreen Trees:
1 1/2" caliper - 15 gal. container
2" caliper - 30 gal. container
2 1/2" caliper - 65 gal. container
3" caliper -100 gal. container
8. Container grown material shall fill the specified container, but shall
show no evidence of being or having been root bound.
C. Measurement of Trees
L . Trees shall be measured in units of average height in feet and by
average caliper.
2. Trees below four (4) inch caliper to be measured six (6) inches above
ground level. If caliper is greater than four (4) inches, measurements
to be taken twelve (12) inches above ground level.
III. Product Delivery, Storage, and Handling
A. Delivery
1. Deliver all materials to site in original unopened containers bearing
manufacturer's name, trade name, trademark, in conformance to state
law.
2. Protect all material during delivery to prevent damage to foliage.
3. Notify Owner of Delivery Schedule in advance so plant material may
be inspected upon arrival at job site.
4. Deliver plants to job site only when planting areas are prepared.
5. All plants delivered to site are to be planted, staked, and receive initial
watering on the same day of delivery.
B. Storage
1. Protect all roots of plant material from drying or other possible injury.
2. Take necessary precautions to protect material in adverse weather.
3. Maintain and protect materials not to be planted immediately upon
delivery. The contractor shall be responsible for damage to all
materials which are not planted immediately.
C. Handling
1. Do not drop plants.
2. Do not damage trunk or crown of container material.
3. Plants shall not be picked up or moved by the branches, stems, or
foliage, but shall be lifted by the container only.
4. Any material damaged in ways described in this section will be
replaced by the contractor.
24
IV. Project Materials
A
Plant Material
1. Refer to H. B. - Quality of Plant Material. Refer to plan for listings.
l
B.
Backfill Material
1. Top soil shall be considered soil dug from hole, free of rocks of
!�
1" diameter or larger and mixed with water Retention Soil Additive
°
(see V. 1. Planting Mixture Ratio).
r,
C.
Material - Top Soil:
f
1. Fill material, if necessary, shall be provided by Contractor.
2. Natural, fertile, friable soils possessing characteristics of soils in
�.
the vicinity that produce heavy growth of crops, grass or other
vegetation.
3. Topsoil shall be free of subsoil, brush, organic litter, objectionable
weeds, clods, shale, stones 1 1/2" dimension or larger, stumps, roots,
or other materials harmful to grading, planting, plant growth, or
maintenance operations.
rD.
Mulching Material
1. Mulch shall be 3" min. thickness shredded cypress chips.
2. Chips shall be processed through a 2 3/4" to 3" size screen. No
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material shall be larger than 1/4" X 1/4" X 4".
E.
Water
1. Water available on site.
j"
2. Contractor to furnish hoses, if necessary, to transport water.
F.
Tree Stakes
1. G Metal 'T' Stakes shall be used
2. Stakes shall be painted dark green with paint intended for outdoor use.
V. Mixes
A
Planting Mixture Ratio - Container Material
7
1. Water Retention Soil Additive - To be a cross -linked modified
polyacryamide polymer, 50:1 water absorption ratio, nonbiodegrade-
able, and PH neutral. (Starch based compounds are not acceptable).
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2. 2 1/2 oz. of dry compound per cubic foot of backfill material. Shall be
mixed thoroughly throughout backfill material.
VI. Execution
A.
Protection:
1. Carefully maintain bench marks, layout stakes, and other reference
points.
2. Protect property, including adjoining property and public right-of-
way, from damage by trucks and equipment.
�-
3. Protect active utilities to be retained on site, whether shown on
drawing or uncovered during excavation operations. If damaged,
repair at Contractor's expense.
4. Keep excavations free of water.
19
25
t
B. Finish Grading:
1. Fine grade areas to achieve final contours acceptable to Owner.
2. Provide uniform roundings at top and bottom of slopes and other
breaks in grade. Correct irregularities and areas where water will stand.
C. Grass Seeding
1. Type: Buffalo Grass (Buchloe dactyloides).
2. Quantity: 3 pds. per 1,000 sq. ft.
3. Application: Slit seed or drill applied.
D. Site Conditions
1. Site to be inspected regularly to determine continuation of work due to
bad weather. Construction will be stopped temporarily, if necessary,
by agreement between Owner and Contractor to ensure best
installation possible.
E. Field Measurements
1. Preliminary location of trees to be staked by Contractor at project site
according to planting plan. Contractor shall notify Owner for approval
of staking (36) hours before planting process begins. Owner will
adjust plant material locations if necessary.
B. Planting shall begin only after plant staking is approved by owner.
F. Excavation for Planting
1. Shape of Pits
a. Vertical scarified sides and flat bottom.
b. Circumference of plant pits to be circular with bottom of hole to be
as shown on planting detail.
2. Size for Trees
a. Two (2) foot wider and six (6) inches deeper than container.
G. Obstructions Below Ground
1. Remove rock or underground obstructions to depth necessary to permit
planting.
2. If underground obstructions cannot be removed, notify Owner for new
instructions.
3. Avoid damaging underground utility lines. See General Instructions to
Bidders.
4. Repair damage to existing irrigation system (if applicable) at no
expense to Owner.
VII. Planting
A. Container Grown Material (for individual plantings)
1. Dig pits two (2) feet wider and six (6) inches deeper than container.
Loosen the soil in the pit bottom, removing rocks, compacted soil, and
other obstacles which could deter good root growth.
2. Fill lower third of pit with soil mixture up to the height that will bring
top of container soil even with the existing soil.
3. Place plant into pit and backfill with soil mixture.
26
e
4. Water to allow soil to sink in around roots. Push plant and soil around
roots to remove air pockets and to keep plant straight.
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5. Level plant saucer on new plants so that water can be evenly distributed
by drip emitter within the saucer area. See planting detail for size.
B.
Mulching
1. Add a 3" specified bark mulch topping on new plant saucers.
'
C.
Pruning
1. Prune minimum necessary to remove injured twigs, branches,
deadwood, and suckers.
D.
Staking
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1. Stake all new trees being replaced or added.
2. See specified method on planting detail sheet.
VM. Clean-up
A.
Remove all planting debris such as excess soil, rocks, trash, and other
material from project site.
iX. Final
Acceptance:
�-
A
Site shall be thoroughly inspected by Owner prior to final acceptance.
B.
Any areas needing further attention shall be completed to Owner's
satisfaction.
X. Warranty
A.
Contractor shall guarantee all container grown material for a period of 1
year beginning at final acceptance date by owner. All defective or dead
plant material shall be replaced by Contractor, as well as all labor
necessary to install new material, and shall be at Contractor's expense.
End -of -Section
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�... 27
SECTION 06 IRRIGATION
I. General
A Work Included:
1. Section 01 - Summary of work
2. Section 02 - Product Substitution
3. Section 03 - Earthwork & Grading
4. Section 04 - Concrete work
5. Section 05 - Plant Material
B. Qualifications of Bidder -Licensing
1. Bidder shall supply the name and license number of the licensed
irrigator who is responsible for the project with the bid submittal.
Irrigation installer shall be licensed in the state of Texas or from where
Contractor is based. Out of state licensing shall only be acceptable if the
licensing state shares reciprocity with Texas. A licensed irrigator or
installer shall be on the job site at all times when irrigation work is in
progress.
2. Owner reserves the right to reject any bid if bidder is not qualified based on
the above given criteria.
C. Codes and Standards
1. Bidder to conform to all local, state, and federal codes and ordinances.
D. Discrepancies
1. 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. In the event of any discrepancies between the plans and specifications
or doubts as to the meaning and intent of any portion of the contract, the
Owner shall define what is intended to apply to the work.
H. Site Conditions
A Examination of Sites
1. 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.
B. Utilities
1. Contractor's attention is directed to the fact that other underground utility
lines may exist of which the Owner is not aware. 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.
2. Water Supply - water source already installed. Contractor is responsible
for hook-up to system from stub -out on 4" mainline (see plans).
29
3. Bores/Road crossings (if applicable) - Contractor is responsible for bores
and sleeving necessary to go under city streets/utility drives to provide any
utility service to the project site. Bored holes shall be of the smallest
diameter that will permit installation of encasement pipe. Pipe sleeving
under city streets shall be 16 gauge smooth steel pipe with a minimum wall
thickness of one -quarter (1/4) inch when pipe size is greater than four (4)
'
inch diameter. Irrigation lines crossing sidewalks shall be sleeved with
Schedule 40 PVC pipe twice that of the pipe when line is less than 6"
diameter. Pipe to be large enough for irrigation pipe and conduit for
electrical control wires (if necessary). Notes shown on plans shall over ride
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specifications. Sleeves shall extend at least two (2) feet out from under the
surface structure.
III. Field Quality Control
A Responsibility of Materials
1. Contractor shall be responsible for all materials furnished by him and shall
replace at his own expense all material found to be defective in
manufacture or if it has become damaged in handling after shipment.
B. Responsibility of Property
1. 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.
2. All trenching or any excavation is to be no less than six (6) feet from the
trunk of any plant material. If questions arise, Contractor shall contact
Owner for clarification.
C. Barricades and Protective Measures
1. Contractor shall be responsible for the protection of unfinished work.
Contractor shall, at his own expense, furnish and erect such barricades,
fences, lights, and danger signals. He shall also take such other
precautionary measures for the protection of persons, property, and the
work as may be necessary.
2. The contractor will be held responsible for all damage to the work due to
failure of barricades, signs, and lights to protect it. When damage is
incurred, the damaged portion shall be immediately removed and replaced
by 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.
IV. Submittals
A. Shop Drawings
1. Contractor shall submit shop drawing to owner before any irrigation
installation are to begin. Shop drawing to include complete layout and
detail drawings illustrating the location and type of all heads, valves, piping
circuits, controls, and accessories.
29
i
B. Maintenance Materials
1. At completion of job Contractor shall furnish spare parts, special tools, and
equipment required to operate and maintain system.
C. Maintenance Data
1. Contractor shall furnish two (2) copies of parts list and repair manuals
for controllers, valves, and heads.
D. Project Record Document
1. 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 (check with owner for 3.5" diskette option). "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 Lubbock Power and Light
staff.
V. Products
A Performance of Specified Material
1. All specifications given for materials are based on the performance of the
equipment. This is to assure the integrity and proper hydraulics for which
the system is designed. If bid material does not 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.
2. All material to be new, unused, and current.
3. All material must be a standard product of a manufacturer.
4. Contractor shall provide performance records to verify equipment
capabilities.
B. Materials
1. PVC Pipe
A All polyvinyl chloride pipe shall be class 200, SDR 21 un-plasticized
polyvinyl chloride, Type I, Grade I.
2. Fittings
A All pipe must have manufacturer's markings clearly printed on them
during installation.
B. All class 200 pipe must conform to ASTM. D-2241.
C. All lateral piping four (4) inches and under shall be solvent weld.
D. All mainline piping four (4) inches and over shall utilize belled ends or
belled couplings using rubber gaskets in twenty (20) foot laying lengths.
E. All fittings for 4" or larger mainline shall be epoxy coated steel.
F. PVC Fittings
1. Schedule 40 fittings must conform to ASTM D-2466.
2. Schedule 80 fittings must conform to ASTM D-2464.
G. Three (3) X Four (4) Male adaptors shall not be used.
30
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3. Swing Joints
poll A Nipples: Schedule 80 with molded threads on both ends, unless
specified otherwise in construction detail.
g B. Elbows: (90 degree) Schedule 40 FIPT X FIPT.
C. Pre -fabricated swing joints are acceptable as specified Sec. 04,
7.03,E,2
k
D. Lateral line fittings: Schedule 40.
4. Valves
A Manual Control Gate Valve
1. All gate valves shall be resilient seat, iron body, bronze mounted
�.,
throughout and shall meet all requirements of AWWA C 509. All valves
shall open by turning to the left, and unless otherwise specified
shall have non -rising stem when buried and outside screw and yoke
�-.
when exposed. Gate valves shall be furnished with a two-inch
operating nut when valves are buried and shall be furnished with hand
wheels when exposed. Gate valves shall be furnished with 0-ring stem
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packing.
2. Quick Coupler Valves
Weathermatic #V 144RL, I", single lug 2 piece
body (or "approved equal")
?
a. Single lug, 2 piece body, heavy cast bronze.
b. Vinyl with lock cover.
c. Contractor shall supply the Owner with three (3) valve keys.
3. Double check with double ball valves (back flow prevention).
Febco 1 1/2" model 805Y or "approved equal." (The City of Lubbock
will accept the Watts Series 007M2QT as an approved equal).
a. Two independently operated spring -loaded, center stem pop up type
check valves.
b. Two ball valves - screw type
c. Main case shall be epoxy coated internally 10-20 mils and prime
coated externally and consist of four test cocks which provide for in -
line testing and maintenance.
d. Stainless steel springs and corrosion resistant materials shall be used
r, through -out.
e. Check valve to be accessible from top of device without removing
check valve body from line
f. Install Double Check Valve with unions of appropriate size before
and after valve.
g. Valve to be placed on threshold nipple a min. of 12" in length.
7 31
4. Valve Boxes
A Valve Box (Brooks model 1419 or approved equal).
1. Supplied by contractor
2. To be installed by contractor
3. Mmimum dimensions: 15" x 21" x 12" deep, molded plastic.
Extensions shall be used as necessary to bring valve box to grade and
shall be compatible with box to achieve depth required (no bricks
shall be used).
4. Bolt -in green lid with cover lift holes (rectangular, lid shall have snap
lock tab closure).
B. Double Check Valve Box (Brooks model 1730 or approved equal).
1. Supplied by contractor
2. To be installed by contractor
3. Minimum dimensions: 24" x 3T' x 18" deep, molded plastic
Extensions shall be used as necessary to bring valve box to grade and
shall be compatible with box to achieve depth required (no bricks
shall be used).
4. Bolt -in green lid with cover lift holes (rectangular, lid shall have snap
lock tab closure).
5. Emitters:
A. Tubing
1. 1/2" inside diameter polyethelyne tubing
2. All tubing shall be installed with barbed or compression fittings.
B. Tubing Fittings
1. 1/2" Tee- inside diameter
2. 1/2" Connector- inside diameter
3. 1/2" Hose Closure- inside diameter
C. Valves
1. Spears 1/2" Ball Valve #2339-005, with true unions.
D. Drip Emitter Heads
1. Hardie Turbo -Key SC #DPJ08, 2GPH
E. Pressure Regulator
1. Watts #PTPR 10, 10 PSI. closed.
6. Emitter Heads
A All emitter heads to be installed as shown on plans.
B. All emitter heads to be installed on 1/2" tubing as indicated on
plans.
C. Install emitter heads so that top of head is above the ground level
and below the mulch layer.
D. Emitter heads shall be located nearest to the center of tree saucer
where shown.
E. Emitter heads shall be installed so that entire tree saucer area is evenly
watered.
F. Figure 8 hose closures to be located just beyond emitter.
32
7
7.
Screen Filter
A. Shall be Arkal Products
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B. RF1 1" ring filter
t 8.
Miscellaneous Equipment
A Solvent Cementing
1. Primer- Weld -On P-68 Purple Colored Only (All pipe and fittings)
2. Solvent- 1/2" then 1 1/2" Weld -On #705; 2" three-10" Weld -On #717.
r.
3. Manufactures Recommendations shall be followed at all times.
B. All pipe shall have a one (1) foot minimum vertical seperation from all
non like utility lines.
,.. VI. Execution
A Handling of Materials
1.
Contractor shall exercise care in handling, loading, and unloading of all
�-
equipment. All PVC pipe, fittings, and other equipment shall be adequately
covered and protected from the elements. Pipe and fittings also shall be
transported in such a fashion as to be protected from excessive bending and
from external, concentrated load at any point.
B. Trenching,
1.
To have straight, flat bottoms and of sufficient depth for sprinkler head and
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operable swing joint
2.
Trench Size:
a. Minimum width: 6 inches
r"
b. Minimum cover over installed supply piping: 12 inches
c. Minimum cover over installed emitter lines: 6 inches
d. Maximum center line depth main line shall not exceed 24" at zone
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valves.
r 3.
Pipe pulling is not acceptable.
4.
All trenches and adjoining areas shall be hand raked to leave the grade in as
~
good or better condition than before construction started.
5.
All settling and low areas that occur within the first twelve (12) months
shall be the responsibility of the contractor to fill and level.
r"
6.
Trench to accommodate grade changes.
7.
Maintain trenches free of debris, material, or obstructions that may damage
pipe.
8.
Where rock or other undesirable materials are encountered trenches are to
be over excavated by 3 inches to allow for a 3" layer of finely graded sand
.-
under all piping. After the piping is installed, finely graded sand shall be
placed around the piping up to a point 3" above the piping.
9.
All trenches shall to be inspected and approved by Owner before
covering.
10.
Trench digging machinery may be used to make trench excavation except
in places where operation of same would cause damage to existing
structures either above or below ground; in such instances, hand methods
f
shall be employed.
F
33
i
The Contractor shall locate all existing underground lines, of which he has
been advised whether or not they are shown on the drawings, sufficiently
in advance of the trenching to make whatever provision necessary to
prevent damage thereto. Extreme care shall be used to prevent such
damage and the Contractor shall be fully responsible for damage to any
such lines.
11. There will be no classification of, or extra payment for excavated materials
and all materials encountered shall be excavated as required. Adjacent
structures shall be protected from damage by construction equipment. All
excavated material shall be piled in a manner that will not endanger the
work or existing structures and which will cause the least obstruction to
roadways.
12. The Contractor will be required to locate all known utility lines far enough
in advance of the trenching to make proper provision for protecting the
lines and to allow for any deviations that may be required from the
establishment lines and grades.
13. Excess trench excavation, not used for backfilling, shall be disposed of by
the Contractor, and at the Contractor's expense as directed by the Owner.
14. All trenches and adjoining areas shall be hand raked to leave the grade in as
good or better condition than before construction.
15. All trench backfill shall be flooded to prevent settling to 95% Standard
Proctor Maximum Density. Tamping is required, at road crossings the
material shall be placed in 8-inch layers, moistened if necessary, and
thoroughly compacted with mechanical tampers from the bottom of the
trench to the finish grade to a density of at least 95% of maximum density
at optimum moisture as determined by ASTM D698.
16. It is understood that the piping layout is dynamic and piping shall be routed
in such a manner to achieve the intent of the plan.
C. Installation
1. Install pipe, valves, controls, and outlets in accordance with manufacturer's
instructions.
2. Connect to utilities.
3. Set outlets and box covers at finish grade elevations.
4. Provide for thermal movement of components in system.
5. Swing Joints
a. Swing joints shall be of the same diameter as the inlet opening.
b. Premanufactured swing joints shall be used as manufactured by Spears
swing joint schedule 80t, or approved equal.
c. Swing joints for quick coupling valves shall be made up using
galvanized pipe and fittings.
7. After piping is installed, but before outlets are installed and backfilling
commences, open valves and flush system with full head of water.
8. Dissimilar Materials Piping Joints: Construct joints using adapters that are
compatible with both piping materials, outside diameters, and'system
working pressure.
34
F
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D. Laying of PVC Pipe
1. Pipe to be snaked from side to side of trench bottom to allow for expansion
and contraction of pipe.
2. 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.
3. All lumber, rubbish, and large rocks shall be removed from the trenches.
Pipe shall have firm, uniform bearing for the entire length of each pipe line
to prevent uneven settlement.
4. Do not lay pipe in water, or when trench or weather conditions are
unsuitable for work.
5. When work is not in progress, securely close open ends of pipe fittings so
that no trench water, earth, or other substance will enter pipes or fittings.
6. Take up and relay any pipe that has the grade or joint disturbed after laying.
7. 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.
8. Make joints in all screwed fittings by applying Teflon tape on male threads.
Use of Teflon dope is prohibited.
9. Where threaded PVC connections are required, use threaded PVC adapters.
10. There shall be no less than nine (9) inches of pipe between any two
fittings, except for close nipples used in swing joints.
11. No cross tees or street ells are to be used at any time.
12.On cut pipe, all burrs to be removed, tees and pipe to be cleaned, and
primer and solvent applied as to standard application process.
13. After pipe has been solvent weld, do not apply water pressure for a time
less than that of the manufactures recommendation, considering current
weather conditions.
14. All pipe shall be installed so that manufacture's markings are Facing in the
up position.
15. Excess PVC Solvent shall be removed from joints before drying to prevent
pipe weakening. Pipe connections made with excess solvent will not be
accepted.
16. Solvent welding will not be permitted if weather conditions prevent joints
from remaining free of dirt or moisture, while joint is being made. Also, if
the temperature is below that specified by the pipe or solvent mfg's.
recommendations..
17. The owner must be given twenty-four (24) hour notice before pipe
trenches are covered so that owner's representative may be present for
inspection. After pipe system has been inspected and approved, trenches
may be closed.
35
E. Installation of Valves (gate, double check, and section valves).
1. 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.
2. After installing valves and valve boxes, backfill holes with 3" min. washed
gavel 3/4" in size up to bottom of valve.
3. Quick coupler valve to be installed on swing joint. Top to be flush with
finish grade.
F. Flushing
1. 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.
2. 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. Next, open the valve with full working pressure
and begin capping each swing joint with a threaded cap, beginning with the
swing joint closest to the valve and ending with the swing joint the greatest
distance from the valve. Twenty-four (24) hour notice must be given to
Owner's representatives for inspection.
3. Flush pipes until free of all rock, dirt, trash, pipe shavings, and debris.
G. Leakage Test
1. After pipe is laid, line to be pressurized and all air expelled from line at
highest point of each section.
2. 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.
H. Backfill
1. Trenches to be backfilled with the excavated earth from trench work. All
rocks and debris to be removed and no item larger than one (1) inch
diameter to be placed back in trench.
Backfill is to be compacted and flooded to settle trench. Contractor shall
add more backfill if needed to bring trenches to existing grade.
I. Testing and inspection
1. Do not allow any of the work in this section to be covered or enclosed
until it has been inspected, tested and approved by the Owner or Owner's
Representative.
2. Prior to backfilling the main line and with control valves in place but
before the lateral lines are connected, completely flush and test the main
line.
3. Fill the main line with water for a 24-hour period prior to testing.
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4. Pressure test main lines with 150 psi for a period of 2 hours. Allowable
leakage shall be as determined by the formula listed in AWWA C600.
Owner will witness and approve all tests. Notify Owner at least 24 hours
in advance of all testing.
5. Provide all testing equipment and personnel required to complete the
testing procedure. Repeat testing as required.
6. Flush, clean, adjust, and balance all systems.
7. Adjust heads for proper coverage.
8. Potable Water Lines: Hydrostatically test for 6 hours at 150 psi. There
shall be no leaks whatsoever.
9. Double Check Valves shall be tested and certified, and two (2) copies shall
be provided to the owner as required by local, state, and federalcodes and
ordinances
Inspection/ Acceptance
Preliminary Inspection
1. 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.
Final Inspection
1. After preliminary inspection has taken place and all corrections Fuld 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.
Clean up and Adjusting
Removal of Site Debris. 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.
5. Flush dirt and debris from piping before installing sprinklers and other
devices.
6. Adjust automatic control valves to provide flow rate of rated operating
pressure required for each sprinkler circuit.
7. Contractor will be required to remove all construction debris from the site.
Final clean up by the contractor must be acceptable to the owner.
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IX. Commissioning
A. Starting Procedures
1. Follow manufacturer's written procedures. If no procedures are prescribed
by manufacturers, proceed as follows:
a. Verify that specialty valves and their accessories have been installed
correctly and operate correctly.
b. Verify that specified tests of piping are complete.
c. Check that sprinklers and devices are correct type.
d. Check that any damaged emitters, valves and devices.have been
replaced with new materials.
e. Check that potable water supplies have correct type backflow
preventers.
f Adjust operating controls.
2. Operational Testing: Perform operational testing after hydrostatic testing is
completed, backfill is in place, and emitters are adjusted to final position.
B. Demonstration
1. Demonstrate to Owner that system meets coverage requirements and
functions properly.
2. Demonstrate to Owner's maintenance personnel operation of equipment,
sprinklers, specialties, and accessories. Review operating and maintenance
information.
3. Provide 7 days' written notice in advance of demonstration.
C. Guarantee.
Contractor shall:
I . 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.
5. Owner shall pay for all expenses incurred due to vandalism after final
acceptance.
End -of -Section
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