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HomeMy WebLinkAboutResolution - 5611 - Contract-Fortress Fencing & Decking-Chainlink Fence Repairs, Pup Stations #3 & 6 - 08_28_1997Resolutioti No. 5611 Item #28 August 28, 1997 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the -Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract, attached herewith, by and between the City of Lubbock and Fortress Fencing & Decking, of Lubbock, Texas, to install and furnish all materials and services as bid for the Chainlink Fence Repairs at Pump Stations #3 & #6, and any associated documents, which Contract 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 28th ATTEST: 18.AA-1-1 'L kaytt Darnell, City Secretary APPROVED AS TO CONTENT: actor Kalman, Purcha r anager APPROVED AS TO FORM: G. Vandiver, First City Attorney da/ccdocs/fortress. tes August 20, 1997 day of August , 1997. See [1 CITY OF LUBBOCK SPECIFICATIONS FOR CHAIN LINK FENCE REPAIRS AT PUMP STATIONS #3 & #6 BID #97168 CITY OF LUBBOCK Lubbock, Texas r l City of Lubbock P.O. Box 2000 Lubbock, Texas 7J457 IO06-767-2167 ADDENDUM #2 ITB #97168 Chain Link Fence Repairs at Pump Station #3 & #6 MAILED TO VENDOR: OLD CLOSE DATE: NEW CLOSE DATE: July 28,1997 rTB #97168, Addendum 02 Office of Purchasing July 31, 1997 @ 4:00 p.m. August 6, 1997 @ 3:00 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. Specifications for Pump Station No. 3, Section 1.1, General, shall include the following clarification: �., "The #3 Pump Station requires the installation of two (2) ten (10) foot swing gates to fill a 20 foot opening. The top of the gates shall have three (3) strands of barbed wire with extension arms I facing outward. A barbed tension wire shall be installed at the bottom of the fence, to prevent intruder passage." 2. Specifications for Pump Station No. 6, Section 1.1, General, shall Include the following clarification: "The #6 Pump Station requires the installation two (2) ten (10) foot swing gates to fill a 20 foot opening, and one (2) swing type pedestrian gate with a five (5) foot opening. The top of the ' gates shall have three (3) strands of barbed wire with extension arms facing outward. A barbed tension wire shall be installed at the bottom of the fence, to prevent intruder passage." 3. The Close Date has changed From: July 31, 1997 @ 4:00 p.m. r' To: August 6, 1997 @ 3:00 p.m. All requests for additional information or clarification must be submitted in writing and directed to: Laura Ritchie, Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806)767-2164 �" 97168ad2.doc V 10 ITS 097168, Addendum 42 or Email to: LRitchie@mail.ci.lubbocktx.us THA YOU, Lj u Ritchie Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID 97168ad2.doc rrB 997168, Addendum #1 City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 BOB-767-2167 ADDENDUM #1 ITB #97168 Chain Link Fence Repairs at Pump Station #3 & #6 MAILED TO VENDOR: OLD CLOSE DATE: NEW CLOSE DATE: Office of Purchasing July 22, 1997 July 24, 1997 4:00 P.M. July 31, 1997 fL3i 4:00 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. The Close Date has changed From: July 24, 1997 @ 4:00 p.m. To: July 31, 1997 @ 4:00 p.m. All requests for additional information or clarification must be submitted in writing and directed to: Laura Ritchie, Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806)767-2164 or Email to: LRitchie@mail.ci.lubbock.tx.us THANK YOU, Laura Ritchie Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID 97163ad1.doc 79 CITY OF LUBBOCK INVITATION TO BID FOR TITLE: CHAIN LINK FENCE REPAIRS AT PUMP STATIONS 03 & #6 ADDRESS: LUBBOCK, TEXAS BID NUMBER: 97168 PROJECT NUMBER: 9408.9226.30000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT N�, DEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE CONTRACT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS 11. SPECIAL CONDITION NOTICE TO BIDDERS C, NOTICE TO BIDDERS r" BID #97168 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 4:00 o'clock p.m. on the 24th day of July, 1997, or as changed by the issuance of formal addenda to all planholders, to umish all labor and materials and perform all work for the construction of the following described project: "CHAIN LINK FENCE REPAIRS AT PUMP STATIONS #3 & #6" 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 14th day of August, 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 P 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 17th day of July, 1997, at 10:00 o'clock a.m., in the L04 - Purchasing Conference Room, 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 r' 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. CITY OF LUBBOCK VICTOR KI 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. GENERA! INSTRUCTIONS TO BIDDERS 0 GENERAL INSTRUCTIONS TO BIDDERS 1. 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 CHAIN LINK FENCE REPAIRS AT PUMP STATIONS #3 & #6. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described In the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 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 or 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: LAURA RITCHIE 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 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 r. the time specified. 6. PAYMENT r" All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the I contract documents. r- 7. AFFIDAVITS OF BILLS PAID -" The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the Improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 8. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 9. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 10. PLANS FOR THE CONTRACTOR The contractor will be furnished two sets 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. i" i, 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 r" 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 PM immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 14. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of Issuance to Contractor of City's certificate of acceptance of the project. 15. €XPLOSIVES r. The use of explosives will not be permitted unless written permission to do so Is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shalt further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 7 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) 7 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 f The successful bidder shall be required to have a responsible local representative available at all times while the l 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. a 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 r- cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the Insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall i 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. A Worker's Compensation Coverage statement from the Contractor to the effect that no work on this particular project shall be subcontracted will be accepted as an alternative. 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 bidders 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 Owners 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 Owners 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 Owners Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which Is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. ' 19. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth In the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. 20. 21. 22. F The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 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 bidderwithout being considered. 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. SOUND 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. U) 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. 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. J 1 r i BID SUBMITTAL LUMP SUM BID CONTRACT PLACE: DATE: �/v PROJECT NUMBER: BID #97168 - CHAIN LINK FENCE REPAIRS AT PUMP STATIONS #3 & #6 Bid of (hereinafter called Bidder) FTo the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a,rd L c- Aw having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related r 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, r 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. MATERIALS: / we%+: 4e . 3.f.. + .S�c,.+ ,%. i` ��G �j, cil //,.IV$ f•�� � 30 - CW> ) SERVICES:% Lf- .,s.r��` s'� - �.•1r-� o�l�►-.� ($ �j� b 5p, ec ) r TOTAL BID: �w�-fey-nn� �-1ia� ..�/�/%Y �s..��-.^ G��/�✓ �c�Js ($ OZj� 3 SO, ) I (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) rBidder 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 $26.00 (TWENTY-FIVE DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted In accordance with instruction number 21 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. r i r f 6 r r r l C" 7 r i The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check Issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock In an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for e)-le se Y - rr,'A. Dollars ° j or a Bid Bond in the sum of Dollars ($ ). 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 shall be bound and Include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. (Seal if Bidder is a Corporation) ATTEST: �• Secretary ",- Autho li 'zed Signature '4 (Printed or Typed Name) '01& G. M • /�JJ Company 90v4' - Addre 'Sa 'j , L�,1�� 2.s Fay, county State -7-9y.23 Zip Code Telephone: Fax: 9,167 79.t - /oc? r ' i rrB #97168, Addendum #2 City of Lubbock P.O. Box 2000 r Lubbock, Texas 79457 e06-767-2167 ADDENDUM #2 ITB #97168 Chain Link Fence Repairs at Pump Station #3 & #6 MAILED TO VENDOR: OLD CLOSE DATE: NEW CLOSE DATE: July 28, 1997 Office of Purchasing July 31, 1997 @) 4:00 p.m. August 6, 1997 @ 3:00 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. Specifications for Pump Station No. 3, Section 1.1, General, shall Include the following clarification: 'The #3 Pump Station requires the installation of two (2) ten (10) foot swing gates to fill a 20 foot opening. The top of the gates shall have three (3) strands of barbed wire with extension arms facing outward. A barbed tension wire shall be installed at the bottom of the fence, to prevent intruder passage." 2. Specifications for Pump Station No. 6, Section 1.1, General, shall include the following clarification: 'The #6 Pump Station requires the installation two (2) ten (10) foot swing gates to fill a 20 foot opening, and one (2) swing type pedestrian gate with a five (5) foot opening. The top of the gates shall have three (3) strands of barbed wire with extension arms facing ouiorard. A barbed tension wire shall be installed at the bottom of the fence, to prevent Intruder passage." 3. The Close Date has changed From: July 31, 1997 @ 4:00 p.m. To: August 6, 1997 @ 3:00 p.m. 7 All requests for additional information or clarification must be submitted in writing and directed to: Laura Ritchie, Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (606)767-2164 r- 97168ad2.doc ITB 997168, Addendum 02 or Email to: LRitchl e@ mai I. ci.l ubbock.tx. us TXHA YOU, � 1 &. rL-� u Ritchie Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID 97168ad2doc 0 z 0 m z w a 7 F 7 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) KNOW ALL MEN BY THESE PRESENTS, that Principal(s), and (hereinafter called the Principal(s), as (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars ($ ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of , 19 , to and said Principal under the taw is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of 19 Surety *By: (Title) Principal By: (Title) By: (Title) By: (Title) r The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety • By: (Title) Approved as to form: City of Lubbock By: City Attorney • Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. PERFORMANCE BOND F I r- STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars ($ ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of , 19_, to 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 faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the r Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of , 19 r` Surety • By: (Title) Principal By: (Title) By: (Title) By: (Title) r is The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety *By. (Title) Approved as to Form City of Lubbock By: City Attorney Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. i I , CERTIFICATE OF INSURANCE VV. "VVW8VVQj LV Li1414 CERTI fVAlt Ur- lF1--vr,r++.vr. WJU1 This cmtifieS that ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Whois ❑STATE FARM GENERAL INSURANCE COMPANY. Bloomington, rhols [� STATE FARM LLOYDS. Dallas, Texas jm u the tonowing policyholder for tho coverages indicated below.. Narmof poky►oider LOUIS HUDON III DBA FORTRESS FENCING AND DECKING Address of policyholder 8806 JOU ET AVE. LUBBOCK, TX. 79423 Location of oparationS MULTIPLF LOCATIONS DescrVionofopt-ations FENCING AND DECKII'�_ The polities listed balm have beefs Issued to the polcyholder for the policy periods shown the insurance datenbed In these policies is subject to rtl the to eYrye> inna. arrtl eorritituts of th6se'wfici¢aa_ Tha Yrrvts of ibhitity ahnwn ennv tuve ham rptluned bV am nrM ehirrns_ POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Data Expiration Date LIMITS OF LIA9I1-riY (at beginning of policy period) Commercial 1 BODILY IWURY i 93-:.KA-Q7?8-@F crall.iablity ............ ...ut......... ..............���119.7»_.... ».�13.11.98.. PROPERTY DAhtJ This insurance Includes: ® Products. - Completed Operations (applicable if indicated Rersonal Injury by I- ) Contractual Liability Each Ocarrn r= >a St1f1 t1Rfi ® Advertit:ng and Personal Injury ® Under o;rd Property, flamage General AggregMa >y 1 M T I I T ()N ©' Explo:.ton and Collapse Prope�errttyf Damage LN CITY Q Li18 CK-ADDITIONAL INSURED & Prepuces - Completed pperatlonsAggregata $_ NiTI 1 Tofu L�1 WAIVER OF SUBROGATION POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Etfeetivc Data Expiration Date LIMITS OF LIABILITY (at beginning of policy period) _ ComperaaGrsn - Cavcrage A STATUTORY Cove rape A Employer's LiabTdy . Coverage B S . Coverage B PROFESSIONAL I ❑ Prol-wsonal Each Clam $ Lrtblrrly Aggregate $ BODILY INJURY . Excess 1Jab>liby Single DAM, Combined „logic Limit for 84-GJ-7863-5F Cal Umbrella 10/7/96 : 10/7/97 F.. ch Ocwn'ence s25045QUI.00 ❑ Ottior 4/7/97 10/7/97 6/28/97'•,12/28/97 Aggregate S _ P28-2124-D07-43 AUTO INSURANCE P23-6032-F28-43 AUTO INSURANCE M-0 - AICE THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER r AFFIRMATIVELY NOR NEGATIVELY AuEN05, EXTENDS, OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Name and Address of Certificre Holder e r CITY OF LUBBOCK lr 7 27ef-V�K 0.1 µ+ FOt RMeeOwui.r. — 08-05-97 14:15 If any of the describW policies are Canted bete expiration date. Statc Farm will try to mall a written no' the certif sate holder —1-0- Gays t efore ,ancellatto howpwr. we fait to mail such notice, no obligation or I will nposad on Stat arm or its agents or repre 1 1h F azaLzc- AGENT AUGUST EL19' ♦,w Me roe.,'. tom sl. ro a� RECEIVED FROM:8067998720 P.01 ait:nna WUtcr.CtiJ' :,:UMI-bNNA116N 4L;UMMI:j4IUrA a Southfield Builditig.4000 South tit-35. Austin. Texas 78704 If you are not certain whether al patties tweet ilia requirentents for entering into this agreement, you tray wish to consult an attor f Section 3.o3(a)(t) of the TWCC Act defines 'independent contractor- as follows: (1) 'Independent tontraetnr' altars a person who contracts to perrerm we. provide a service for the benefit of •nnthar and who ordinarily: (A) sets as the employer of any employee orthe contractor by paying weirs. direetina aetiviri.- performing other similar flinetions ehmseteristic of an employer-employeerelationshipt (n) is Gee to determine the manner in which the work or serviee it pefrw tnctuding the bouts of labor of or method of rayment to any employee; (c) is "g1thed to rirrnisht or have his eart'loyees. If any. Fairish taecessary loots, cui �.. or m iarinis to perform the work or servicet and (U) possesses die skills required for the treci(ie work or service. AGREEMENT BER'VFEN GENERAL CONTRACTOR AND SUBCONTRACTOR TO ESTABLISH INDEPENDENT RELATIONSHIP Notice qf•A reement The undersigned General Contraetor and lite undersigned Subcontractor Hereby declare that: (A) the Subcontractor meets the qualifications of art Indeperidetit Contractor under Article 8308, Section 3.03 of the Texas Wotkers' Compensation Act; (B) the Subcontractor is operating as an independent contractor as that lernt kv defined under Article 8308. Section 3.05 of the Act; (C) the Subcontractor assumes the reaponsibilitics of an employer for the performance ar work: and (D) the Subcontractor and Uic Subcontractor's ennployecs are not employees of the General Contractor for purposes of the Act. r" TERM (DATES) OF AGREEMENT: FROM: i I TO:. 31, 1171Fy2 Lo✓•s .4. 1•{✓ -- A.- Name of General Ccutmctor / Name of Subcontractor r LOCATION OF FACIi AFFF=ED JOB SITE (OR STATE WHE ER : - Estitnated number of employees afrected: r THIS IS A BLANKET AGREENI M): TIM AOP.EEMENT SHALL TAKE FrtFECT NO SOONER THAI' h.t4 e i /'ee a• t.. DATE IT IS SiONEU. - tjfs� 3 3 �+etleral Conlrltctu,Jt's Affirnlatiun r.Compimiler's tt-Disk Identification Number Signsture of General Contractor Date // primed Name orGeneral Contractor Soo - Kal. ac Address (Street) Address (City. State. Zip) Federal Tax L D. Number ubcontractat s Affimintion Comptroller's t t-Dl=it IdentiQeatioo Namber Federal Tax L D. Number Signature *(Subcontractor Date Address (Street) Hinted Name of Subcontractor Address (City. State. Zip) 1" "lliree copies of rhts form must be eornpletedt This agreement must he filed by the General Contractor with the workers' ectMenaarinninnnence eanler of the' Contractor within 10 days of the date of eneeutinn. The anginal must be filed with the Insurenee carrier by i 11iSONAL DELIVERY OR REGISTER' rXERTIFIED MAIL. Both the (Itneset Contractor and die Subcontractor sntist also retain a copy of the exreemem. TWCC-as 11t]l911 pr t Pula, 112.1 r� 08/06/87 15:28 U806T88872�I1r1t,AICur r. n:VO n u:vA. i This Certifies that ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARO GENr:FAL INSURANCE COMPANY, 19oo11ington. Iq'ulois ( STATE FARM LLOYDS. Danes. Texas i•. insures the following polgholder for tho coverages indicated below: Nam of policyholder LOUIS HUDON III DBA FORTRESS FENCING AND DECKING Address Of pOaCYholder 8806 3OLIET AVE. LUBBOCK, TX. 19423 Location d nperatiom MULTIPLE LOCATIONS •• Desaiption of operation¢ . FENCING -AND DE.CKING The policies dated below have been issued to the policyholder for the polity periods shown. The rnuranCe described in these policies is Subooct to at the terms. exdasions, and conditions of those icias. The limns of hilly shown rmy have been redixard byarty paid claims. POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Elfective Dale Expiration Date LIMITS OF LIABILITY (at beginning of policy periioM Commercial BODILY INJURY AND 21A.A&R041F... rterot I ?oTity.................113.11 7.......... .�3j.��8.. PROPERTY DAMAGE r� Thls Insurance Indudes.Lr'-Ny� Prnducts - Completed Operations {applicable if indicated ICY Personsl Injury oY f 3 ® Contractual Liability Each Occur ence S , N) nnp . Advertising artd Personal Injury Underground Pror"W Damage General Aggregate $ 1 M T I I TAN ® Explosion and CotapsR Pro rty Damage (J CITY OF L 8880CK=i�DUjTI "!Q IUSSURED & Products - Completed s I MT1 I TON Oper2tions. Aggregate ® WAIVER OF SUBROGr.TION POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date Expiration Date LIMITS OF UABILRY (at beginning *f policy period) ❑ Workers' Compensation - Coverago A era I UTORY Cbvtxage A Coverage E S Employer'& Liability - Coverage S PROFESSIONAL LIAR. ❑ Professional Each Claim S Liability Ag7agate S BODILY INJURY AND Exams uabilit)r PROPERTY DAMAGF . ❑ Comb;ncd Single Limit for 84-GJ-7863-5F ® Umbrella 10/7/96 ' 10/7/97 Each suo4sriQd1Go ❑ Other Aggregaiu 5 P28-2124-D07-43 AUTO INSURANCE 4/7/97 10/7/97 250lrA4,�10A P23-6032-F28-43 6/28/97 12/28/97 AUTO INSURANCE THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS, OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Namo and Address of Certifio.,te Holder CITY OF LUBBOCK rA4%r[I R-.fit &~nVS• N any of the described policies are canceled before n expiretkm date. State Farm unO try to ma a written nntice 1 the certificim holder I () days before canceildtiort. ' how¢ver, we fall to rnaA such notice, no obkjardon or liabili will bgfnpQww on StatA� or Its agents or repret+r rynwh aAWAM wKgawsam+. AGENT AUGUE 5/ 1.9.E om rrpr's Code 0 rD(", 68-96-97 16:16 RECEIVED FROM:8867998728 P.01 CERTIFIC.ATt Ut- IN-:1um^"Cv c '1i certifie` that USTATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ❑ STATE FARM LLOYDS, Dallas, Texas surer the following policyholder for the coverages indicated below: 74 I lame ofpolicyholder 0 jIS H IDON III DBA FORTRESS FENCING AND DECKING O'lddress of policyholder 8806 JOL I ET AVE- LUBBOCK, TX. 79423 .oration of operations MULTIPLE LOCATIONS Description of operations FENCING AND DECKING rpolicies listed Below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms, usions. and conditions of those policies. The limits of liability shown may have been reduced by art paid claims. POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF LIABILITY '.. Effective Date Expiration Date (at beginning of policy period) Commercial BODILY INJURY AND 7--KQ_0.72_8-6F............. General Liability .................. 3/3.147..... :._3/3AISIR....... PROPERTY DAMAGE insurance includes: ZX Products - Completed Operations licable if indicated EX Personal Injury 1 ®� ZX Contractual Liability Each Occurrence $ 500 , 000 ^ EX Advertising and Personal Injury 7 Underground Property Damage General Aggregate $ 1 MILLION Explosion and Collapse Property Damage Products - Completed ®( and CITY OF LUBBOCK Operations Aggregate $ 1 MILLION 7 n - POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF UABILITY Effective Date Expiration Date (at beginning of policy period) ❑ Workers' Compensation - Coverage A STATUTORY Coverage A Coverage B $ ^ Employer's Liability - Coverage B PROFESSIONAL LIAB. r ❑ Professional Each Claim $ l Liability Aggregate $ �., BODILY INJURY AND f Excess Liability PROPERTY DAMAGE GJ-7863-5F ❑ Combined Single Limit for: �4- Umbrella 10/7/96 : 10/7/97 Each Occurrence $ left ❑ Other Aggregate $ t28-2124-DO7-43 AUTO INSURANCE 4/7/97 ; 10/7/97 323-0069-E23-43 AUTO INSURANCE 5/23/97 11/23 97 PR 3-6032428-43 NON OWNERS LIAB 6/28/97 12/28/97 iE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER If any of the described policies are canceled before its PzIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS, OR ALTERS THE COVERAGE expiration date, State F Rn will try to mail a written notice to ROVED BY ANY POLICY DESCRIBED HEREIN. the certificate holder �u days before cancellation. If, however, we fail tom Qt such notice, no obligation or liability Name and Address of Certificate Holder will be impos to Farm or gents or representa- tives, CITY OF LUBBOCK Sgnatwe of AufhonW Represenlatrve r- AGENT JULY 29 1997 Taie Date Agars a Cade Stamp ^ Sco LC FcL . -x* Rey 9.91 P, tea,n USA r CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Appropriate Insurance Agent/Broker Prior to Award of Contract I, the undersigned Agent/Broker, certify that the 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 contractor, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. �•-, Agent (Signature) ,., Name of Agent/Broker: Address of Agent/Broker: City/State/Zip: Agent/Broker Telephone Number. ( _ Date: ' CONTRACTOR'S NAME: Agent (Print) (Print or Type ) CONTRACTOR'S ADDRESS: NOTE TO AGENTIBROKER 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. r,y BID #97168 - CHAIN LINK FENCE REPAIRS AT PUMP STATIONS #3 & #6 r f i 7 r , TM i", r i 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: r" REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see ` reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering L 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 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: i" (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: 0 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 r (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.0 T. CONTRACT CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS CONTRACT. made and entered Into this 28th day of August, 1997 by and between the City of Lubbock, j� County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, ll hereinafter referred to as OWNER, and Fortress Fencing & Decking 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 Contracts hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith Of any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #97168 - CHAIN LINK FENCE REPAIRS AT PUMP STATIONS #3 & #6 - $21,380.00 and all extra work In connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, toots, 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 the Contract. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current 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 Contract in Lubbock, Lubbock County, Texas in the year and day first above written. A ST: , Secre ry APPROVED AS TO CONTENT: Uwner'sdkepresentative ATTEST: Corporate Secretary a CITY 9FLUBBOCK, T (OWNER) By: YOR = CONTRACTOR: FORTRESS FENCING & DECKING By: .� PRINTED NAME: Goya;) i 140-10 n� TITLE: Din COMPLETE ADDRESS: Fortress Fencing & Decking 8806 Joliet Avenue Lubbock,Texas 79423 i� i i GENERAL CONDITIONS OF THE CONTRACT , GENERAL CONDITIONS OF THE CONTRACT 1. OWNER Whenever the wont 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. r� 2. 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 FORTRESS FENCING & DECKING who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative Is used in this contract, it shall be understood as referring to, City of Lubbock, under whose supervision these contract documents, including plans and specifications, were prepared, and DOUG ROWDEN, WATER SYSTEM MECHANIC FOREMAN, 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 Contract. Engineers, supervisor or Inspectors will act for the Owner under the direction of Owners Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Contract, Statutory Bonds (if required), General Conditions of the Contract, Special Conditions of the Contract (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his Inspection in accordance with the Notice to Bidders. 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like Import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owners 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 Owners Representative. r., 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. r 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served If delivered In person to the individual or to a member r' 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 t . last business address known to him who gives the notice. 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 contrail documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with two copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions Incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract documents, but he will not be responsible for the 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. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Contract 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, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representatives' estimates and findings shall be conditions precedent to the right to any action on the contract, and to any rights of the Contractor to receive any money under this contract. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to E the execution of the work or the interpretation of the contract, specifications and plans. 1s. 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 Contract, 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 Contract and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or Inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during, its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be bome by the Contractor. i 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 r, 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 Contract or conversation with any officer, agent, or employee of the Owner, either before or i after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. t; 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such _structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work 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 borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. 9 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 Contract 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 fumished 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 time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an Insurance company licensed to transact business In the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in 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 agents or employees, in the execution and supervision of said contract, and the project which is the subject r` 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. r 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 Contract, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, r, 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 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such Insurance shall be carried with an Insurance company authorized to transact business in the State of Texas and shall cover all operations In connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted within ten days after being notified of such award. The insurance certificates furnished shall name the City as an additional insured. A Worker's Compensation Coverage statement from the Contractor to the effect that no work on this particular project shall be subcontracted will be accepted as an alternative. 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 $250,000.00 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury i Advertising Injury B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. For bodily injuries, including accidental death and or property damage, $250,000.00 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile inability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $100,000.00 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Installation The Contractor shall obtain a Builder's Risk policy in the amount of 0.00% of the total contract price (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 $500,000.00. 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 406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carvers, owner -operators, employees of any such entity, or employees of any entity which fumishes 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 �J of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. '. 5. The contractor shall obtain from each person providing services on the project, and provide to the governmental entity: Jpl (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 yearthereafter. 7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on r► 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 r' 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; r (b) provide to the contractor, prior to that person beginning work on the project, a certificate B of coverage showing that coverage Is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; ' (d) obtain from each other person with whom it contracts, and provide to the contractor. (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; r (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification 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 bome by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date bome by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. P" (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: F ' O a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (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, 4 to: I ® provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the 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 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 Flo - 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. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION Flo 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 Contract with the Patentee or Owner r+ thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers Is specified or required in these contract documents by Owner, provided, however, if choice of altemate 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 the material or process specified or required by Owner is an Infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the 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 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 Owners 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 Contract. i 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 !'K 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 understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractors total compensation, the sum of $26.00 (TWENTY-FIVE DOLLARS I PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be In default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into t"� 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 cant' 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, 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 t, r" agreed that the actual amount of work to be done and the materials to be fumished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials fumished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this Contract, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. ? 1 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this Contract, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have i 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 Contract. 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. 70, 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 Owners Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the Contract, 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 Contract, 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 Owners Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owners 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 Owners 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 foramounts withheld because of them. r 48. TIME OF FILING CLAIMS r It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision ' in writing. In 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 final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents. 49. ABANDONMENT BY CONTRACTOR 1'r 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 r•• the Owner's Representative, when such orders are consistent with this contract, this Contract, or the i 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 r— another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work In either •� of the following elective manners: tj (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 I" 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 Contract. 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 r having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 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 equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Contract, 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 Contract. 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, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 54. INDEPENDENT CONTRACTOR 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 cant' out the other prerogatives which are expressly reserved to and vested In the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect r- 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 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. CURRENT WAGE DETERMINATIONS &esutuLion :NO. Di-t ' March 14, 1996 Item #19 I RESOLUTION ' is WHEREAS, the City Council has heretofore established the general prevailing rate of i 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 il Ann.Civ.St., Art. 5159a; and r.. 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: ; ' t ,r 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: j Exhibit A: Building Construction Trades j Exhibit B: Paving and Highway Construction Exhibit C. Overtime Rate Exhibit D: Weekend and Holiday Rate I 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 j ,.., such wage rates shall be included in all public works contracts as provided by law. r f r� F ;i Passed by the City Council this 1 G th ATTEST: laa Betty M. Anson, City Secretary APPROVED AS TO CONTENT: Mary AndrYws, Managing Director of Human Resources APPROVED AS TO FORM: 1 a old Willard, Assistant City Attorney H W : da /ccd ocs/pubworks. res February 14, 1996 ,' EXMIT A City of Lubbock Building Construction Trades Prevailing Rates .-i Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified Hourly Rate 10.00 11.00 5.50 8.00 11.00 11.00 6.00 11.00 6.00 7.50 10.00 13.00 6.00 8.50 7.50 8.50 8.00 9.00 5.50 8.00 5.50 5.50 9.50 10.50 6.00 8.00 5.50 8.75 5.50 10.00 r EXEE BIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourlate Asphalt Heaterman 6.00 Asphalt Shoveler 5.50 Concrete Finisher 7.35 Concrete Finisher -Helper 5.75 Electrician 10.50 Nagger 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 -Light 6.00 Truck Driver -Heavy 6.50 EXHIBIT C i Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. i { n is b r SPECIFICATIONS i, r. t r 1' CHAIN LINK FENCES AND GATES ` AT CITY RESERVOIR AND PUMP STATION NO.3 PART 1 PURPOSE �•- Purpose of project is the result of our 1996 annual TNRCC facility inspection we need to attain full compliance with the TNRCC facilities existing rules and regulations concerning our water supply system. The fence around pump stations must be upgraded to intruder resistant standards, the fence must be at least six feet high and constructed of wood, concrete, masonry, or metal with three strands of barbed wire extending outward from the top of the fence at a 45 degree angle. In lieu of the barbed wire, the fence must be eight feet in r' height. The fence must be in good repair and close enough to surface grade to prevent intruder passage. TNRCC standard #290.38. 1.1 GENERAL: The following sections cover the requirements for removing of old 6 ft x 823 ft fence, with extension arms and three (3) strands of barbed wire, removing one old (1) 6 ft x 4 ft walk in gate, one (1) old 6 ft x3 ft walk in gate and one (1) 20 ft drive in gate with two (2) ten ft swing gates, new installation: 6 ft by 823 ft fence with extension arms and three (3) strands of barbed wire turned outward on a 45 degree, install one (1) 20 ft drive in gate with two (2) ten (10) feet swing gates with three (3) strands of barbed wire with extension arms facing outward. A barbed tension wire shall be installed at the bottom of the fence, to prevent intruder passage. Remove 210 feet extension arms and three (3) strands of barbed wire and turn outward on a 45 degree. 1.2 MEASUREMENT AND PAYMENT: A. Fencing: By the linear foot, installed including all labor and materials, to the fence height and post spacing as specified excluding gate openings. r.. Includes site preparation, posts, all concrete work, bracing, truss rods, f rails, fabric and all appropriate accessories and attachments. B. Gates: Per each, installed including all labor and materials. Includes framing, gate posts, truss rods, steel chain link fence fabric, barbed wire and all appropriate hardware. 1.3 Clean up: Trash and construction debris shall be placed in proper containers and not allowed to accumulate as health and safety hazards. Before final inspection all tools scrap material, equipment and any other debris shall be removed from the site. 1.4 REFERENCES A. ASTM A123 -Zinc (Hot Dip Galvanized) Coatings on Iron and Steel r- Products. I B. ASTM A153 -Zinc Coating (Hot -Dip) on Iron and Steel Hardware. C. ASTM A392 - Zinc -Coated Steel Chain -Link Fence Fabric. D. ASTM A585 - Aluminum Coated Steel Barbed Wire. E. ASTM F567 - Installation of Chain -Link Fence. F. ASTM F669 - Strength Requirements of Metal Posts and Rails for Industrial Chain Link Fence. G. ASTM F900-94 - Standard specification for industrial and commercial swing gates. H. ASTM F1083 -Pipe, Steel, Hot -Dipped Zinc -Coated (Galvanized) _ Welded, for Fence Structures. I. ASTM F1234 - Protective Coatings on Steel Framework for Fences. J. Chain Link Fence Manufacturers Institute (CLFMI) - Product Manual. 1.6 SYSTEM DESCRIPTION A. Fence Height: Standard six feet chain link fabric surmounted by three strands barbed wire spaced six inches apart on 45 degree extension r- arms. Approximately seven feet total height. B. Line Post Spacing: At intervals not exceeding 10 feet. C. Fence Post and Rail Strength: Conform to ASTM F669 standard Industrial Fence quality. _ D. Gates: One gate is included in this project. The gate shall be a 20 ft drive in gate with two (2) ten ft. type gate conforming to ASTM designation F 900-94. This gate shall be built to open 180 degrees inward and be equipped with a single, gate latch capable of retaining the gate in the closed position and have a provision for a padlock. Gate wire fabric and security wire shall match the main fence. All framing, hardware and posts shall be as specified. 1.6 SUBMITTALS FOR REVIEW: A. Product Data: All bidding contractors shall provide data on fabric, posts, gate fabrication, accessories, fittings and hardware. All data should include proof that the products meet the specifications outlined herein. This information shall be submitted with the contractors bid. C" PART 1 CHAIN LINK FENCES AND GATES AT CITY RESERVOIR AND PUMP STATION NO. 6 PURPOSE. Purpose of project is the result of our 1996 annual TNRCC facility inspection we need to attain full compliance with the TNRCC facilities existing rules and regulations concerning our water supply system. The fence around pump stations must be upgraded to intruder resistant standards, the fence must be at least six feet high and constructed of wood, concrete, masonry, or metal with three strands of barbed wire extending outward from the top of the fence at a 45 degree angle. In lieu of the barbed wire, the fence must be eight feet in height. The fence must be in good repair and close enough to surface grade to prevent intruder passage. TNRCC standard #290.38. 1.1 GENERAL: The following sections cover the requirements for removing of old 6 ft x 700 ft fence, with extension arms and three (3) strands of barbed wire, one old (1) 6 ft x 3 ft walk in gate, one (1) old 16 ft drive in gate with two (2) eight ft swing gates, new installation: 6 ft by 700 ft fence with extension arms and three strands of barbed wire turned outward on a 45 degree, install one (1) 20 ft drive in gate with two (2) ten feet (10) swing gates with three (3) strands of barbed wire with extension arms facing outward. One (1) swing type pedestrian gate with a 5 foot opening with three (3) strands of barbed wire with extension arms facing outward. A barbed tension wire shall be installed at the bottom of the fence, to prevent intruder passage. 1.2 MEASUREMENT AND PAYMENT: A. Fencing: By the linear foot, installed including all labor and materials, to the fence height and post spacing as specified excluding gate openings. �- Includes site preparation, posts, all concrete work, bracing, truss rods, rails, fabric and all appropriate accessories and attachments. B. Gates: Per each, installed including all labor and materials. Includes ?� framing, gate posts, truss rods, steel chain link fence fabric, barbed wire and all appropriate hardware. 1.3 Clean up: Trash and construction debris shall be placed in proper containers and not allowed to accumulate as health and safety hazards. Before final inspection all tools scrap material, equipment and any other debris shall be removed from the site. 1.4 REFERENCES A. ASTM A123 -Zinc (Hot Dip Galvanized) Coatings on Iron and Steel Products. 1.5 B. ASTM A153 Zinc Coating (Hot -Dip) on Iron and Steel Hardware. C. ASTM A392 - Zinc -Coated Steel Chain -Link Fence Fabric. D. ASTM A585 - Aluminum Coated Steel Barbed Wire. E. ASTM F567 - Installation of Chain -Link Fence. F. ASTM F669 - Strength Requirements of Metal Posts and Rails for Industrial Chain Link Fence. G. ASTM F900-94 - Standard specification for industrial and.commercial swing gates. H. ASTM F1083 - Pipe, Steel, Hot -Dipped Zinc -Coated (Galvanized) _ Welded, for Fence Structures. I. ASTM F1234 - Protective Coatings on Steel Framework for Fences. J. Chain Link Fence Manufacturers Institute (CLFMI) - Product Manual. SYSTEM DESCRIPTION A. Fence Height: Standard six feet chain link fabric surmounted by three strands barbed wire spaced six inches apart on 45 degree extension "- arms. Approximately seven feet total height. B. Line Post Spacing: At intervals not exceeding 10 feet. C. Fence Post and Rail Strength: Conform to ASTM F669 standard Industrial Fence quality. D. Gates: One gate is included in this project. The gate shall be a 20 ft drive in gate with two (2) ten ft. type gate conforming to ASTM designation F 900-94. This gate shall be built to open 180 degrees inward and be equipped with a single gate latch capable of retaining the gate in the closed position and have a provision for a padlock. Gate wire fabric and security wire shall match the main fence. All framing, hardware and posts shall be as specified. 1.6 SUBMITTALS FOR REVIEW: A. Product Data: All bidding contractors shall provide data on fabric, posts, gate fabrication, accessories, fittings and hardware. All data should include proof that the products meet the specifications outlined herein. This information shall be submitted with the contractors bid. r'" 1 1.7 SUBMITTALS FOR CLOSE-OUT r.. A. The contractor shall after final inspection and clean up and before final payment submit to the owner a signed affidavit stating all material suppliers and all other subcontractors have been paid in full. 1.8 QUALITY ASSURANCE A. Perform Work in accordance with ASTM F567, Standard practice for installation of chain link fencing. 1.9 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing the products r specified in this section with minimum three years documented experience. B. Installer: The installer must also have a minimum of three years experience installing the products herein specified. References should be available upon request. PART 2 PRODUCTS 2.1 MANUFACTURERS A. The manufacturer must meet or exceed the minimum standards on each component supplied to the installer for this specification. 2.2 MATERIALS �- A. Framing (Steel): ASTM F1083 Schedule 40 galvanized steel pipe, welded construction, minimum yield strength of 25 ksi; and a coating conforming to ASTM F1234 Type A on pipe exterior and interior. .. B. Fabric Wire (Steel): Fabric shall be a 2 inch by 2 inch mesh, 9 gauge zinc coated wire, 72 inches in height and have a smooth knuckled selvage on one end and a twisted and barbed selvage on the other. The �^ fabric shall conform to ASTM A392 zinc coated chain link fence fabric. C. Barbed Wire: Shall be aluminum coated double strand 12.5 gage twisted wire with 14 gage, 4 point round aluminum barbs spaced approximately at 5 inch centers conforming to ASTM A585. D. Concrete: Concrete used for post foundations shall be adequate to maintain the post true and plumb under the stresses imposed and shall have a 28 day compressive strength of not less than 3000 PSI. r 2.3 COMPONENTS A. Line Posts: 2.375 inch O.D. schedule 40 steel pipe, with a hot dipped zinc coating conforming to ASTM-F1083, or an approved equal. B. Corner and Terminal Posts: 4.00 inch O.D. schedule 40 pipe with a hot dipped zinc coating conforming to ASTM-F1083, or an approved equal. C. Gate Posts: 4.00 inch O.D. schedule 40 steel pipe with a hot dipped zinc coating conforming to ASTM-F1083, or an approved equal D. Top and Brace Rail: 1.66 inch O.D. schedule 40 pipe with a hot dipped zinc coating conforming to ASTM-F1083, or an approved equal. This pipe - shall be plain end and sleeve coupled. E. Gate Frame: 1.90 inch O.D. frame with welded or steel fitted corners. All truss rods, brace bands, tension bands and bars and gate hardware shall be zinc coated in accordance with ASTM-Al53. See attached plans for gate fabrication. F. Fabric: The fabric shall be 2 inch diamond mesh 9 gage interwoven wire. The top selvage shall be twisted tight and barbed the 'bottom selvage shall have a closed knuckled finish. The fabric shall be tied to the line .- posts, bracing, and top rail at not more than 15 inch intervals. G. Tension Bands and straps: Shall be pressed steel or malleable iron and be hot dipped galvanized conforming to ASTM-Al53. H. Tie Wire: Nine gage aluminum alloy steel wire. 2.4 ACCESSORIES A. Caps: Cast steel or malleable iron galvanized sized to post diameter, set screw retainer. B. Fittings: Sleeves, bands, clips, rail ends, tension bars, fasteners and fittings shall be pressed steel or malleable iron and be hot dip galvanized to conform to ASTM-Al53. C. Extension Arms: Shall be pressed steel, one piece construction and bend at an angle of 45 degrees :to the vertical fence section. Each arm shall be fabricated to accommodate and lock in place 3 strands of barbed wire as indicated on the plans. D. Gate Hardware: All gate hardware, latches, catches, and locking hardware shall conform to the standards set out in ASTM- F1184-94. Latching mechanisms shall be a heavy duty mechanical keepers with locking capabilities. 2.5 FINISHES A. Posts and Fabric: Galvanized to ASTM A123; 2.0 ozlsq. ft coating. 7 i 1.7 SUBMITTALS FOR CLOSE-OUT r. A. The contractor shall after final inspection and clean up and before final payment submit to the owner a signed affidavit stating all material suppliers and all other subcontractors have been paid in full. 1.8 QUALITY ASSURANCE A. Perform Work in accordance with ASTM F567, Standard practice for installation of chain link fencing. 1.9 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing the products specified in this section with minimum three years documented experience. B. Installer: The installer must also have a minimum of three years experience installing the products herein specified. References should be available upon request. PART 2 PRODUCTS 2.1 MANUFACTURERS A. The manufacturer must meet or exceed the minimum standards on each component supplied to the installer for this specification. 2.2 MATERIALS A. Framing (Steel): ASTM F1083 Schedule 40 galvanized steel pipe, welded construction, minimum yield strength of 25 ksi; and a coating conforming to ASTM F1234 Type A on pipe exterior and interior. B. Fabric Wire (Steel): Fabric shall be a 2 inch by 2 inch mesh, 9 gauge zinc coated wire, 72 inches in height and have a smooth knuckled selvage on one end and a twisted and barbed selvage on the other. The fabric shall conform to ASTM A392 zinc coated chain link fence fabric. C. Barbed Wire: Shall be aluminum coated double strand 12.5 gage twisted �., wire with 14 gage, 4 point round aluminum barbs spaced approximately at 5 inch centers conforming to ASTM A585. D. Concrete: Concrete used for post foundations shall be adequate to maintain the post true and plumb under the stresses imposed and shall have a 28 day compressive strength of not less than 3000 PSI. 2.3 COMPONENTS A. Line Posts: 2.375 inch O.D. schedule 40 steel pipe, with a hot dipped zinc coating conforming to ASTM-F1083, or an approved equal. B. Corner and Terminal Posts: 4.00 inch O.D. schedule 40 pipe with a hot dipped zinc coating conforming to ASTM-F1083, or an approved equal. C. Gate Posts: 4.00 inch O.D. schedule 40 steel pipe with a hot dipped zinc coating conforming to ASTM-171083, or an approved equal D. Top and Brace Rail: 1.66 inch O.D. schedule 40 pipe with a hot dipped zinc coating conforming to ASTM-F1083, or an approved equal. This pipe shall be plain end and sleeve coupled. E. Gate Frame: 1.90 inch O.D. frame with welded or steel fitted corners. All truss rods, brace bands, tension bands and bars and gate hardware shall be zinc coated in accordance with ASTM-Al53. See attached plans for gate fabrication. F. Fabric: The fabric shall be 2 inch diamond mesh 9 gage interwoven wire. The top selvage shall be twisted tight and barbed the bottom selvage shall have a closed knuckled finish. The fabric shall be tied to the line _ posts, bracing, and top rail at not more than 15 inch intervals. G. Tension Bands and straps: Shall be pressed steel or malleable iron and be hot dipped galvanized conforming to ASTM-Al53. H. Tie Wire: Nine gage aluminum alloy steel wire. 2.4 ACCESSORIES A. Caps: Cast steel or malleable iron galvanized sized to post diameter, set screw retainer. B. Fittings: Sleeves, bands, clips, rail ends, tension bars, fasteners and fittings shall be pressed steel or malleable iron and be hot dip galvanized to conform to ASTM-Al53. C. Extension Arms: Shall be pressed steel, one piece construction and bend at an angle of 45 degrees to the vertical fence section. Each arm shall be fabricated to accommodate and lock in place 3 strands of -barbed wire as indicated on the plans. D. Gate Hardware: All gate hardware, latches, catches, and locking hardware shall conform to the standards set out in ASTM- F1184-94. Latching mechanisms shall be a heavy duty mechanical keepers with locking capabilities. 2.5 FINISHES A. Posts and Fabric: Galvanized to ASTM A123; 2.0 oz/sq. ft coating. 7 r. B. Hardware: Galvanized to ASTM A153, 2.0 oz/sq. ft coating. .. C. Accessories: Same finish as hardware. PART 3 EXECUTION 3.1 INSTALLATION A: Existing fencing shall be removed all holes filled and the ground leveled before new construction can begin. Refer to plans to determine what fencing will be removed. Any salvage of this material will be at contractors option, however all material should be removed from the site as soon as possible. B. Install framework, fabric, accessories in accordance with ASTM F567 and manufacturer's instructions. ! C. Place fabric on outside of posts and rails. D. Set intermediate, terminal and gate, posts plumb, in concrete post footings with top of footing 2 inches below finish grade. r E. Line Post Footing shall be a minimum of 30 inches Below Finish Grade. r- Corner and terminal post footings shall be a minimum of 36 inches and gate posts footings a minimum of 48 inches below finished grade. r., F. Brace each gate and corner post to adjacent line post with horizontal a center brace rail. Install brace rail one bay from corner and gate posts as indicated on plans. G. Provide top rail through line post tops and splice at 21 foot maximum intervals. H. Do not stretch fabric until concrete post footings have cured sufficiently. I. Stretch fabric between terminal posts or at intervals of 100 feet maximum, whichever is less. J. Fasten fabric to top rail, line posts and terminal posts at with tie wire at no less than 15 inch intervals. K. Attach fabric to end, corner, and gate posts with tension bars and tension bar clips or lock loops. L. Install bottom tension wire in the lower 6 inches of the chain link fabric and stretched taut between terminal and intermediate stretch posts. M. Install extension arms sloped outward and attach barbed wire; tension and secure. N. Install gate with fabric and barbed wire overhang to match fence. Install latch, catches and according to manufactures suggestions. O. All buried utilities should be located in the field prior to drilling any holes for posts. Water and wastewater utilities can be located by calling 767- 2722. 3.2 ERECTION TOLERANCES A. Maximum Variation From Plumb: 1/4 inch. B. Maximum Offset From True Position: 1 inch. C. Layout will be established prior to construction, components of the fence shall not infringe upon adjacent property lines. B. Hardware: Galvanized to ASTM A153, 2.0 oz/sq. ft coating. r, D. Accessories: Same finish as hardware. r' PART 3 EXECUTION r- 3.1 INSTALLATION A. Existing fencing shall be removed all holes filled and the ground leveled before new construction can begin. Refer to plans to determine what fencing will be removed. Any salvage of this material will be at contractors option, however all material should be removed from the site as soon as possible. r B. Install framework, fabric, accessories in accordance with ASTM F567 and manufacturer's instructions. C. Place fabric on outside of posts and rails. D. Set intermediate, terminal and gate, posts plumb, in concrete post footings with top of footing 2 inches below finish grade. E. Line Post Footing shall be a minimum of 30 inches Below Finish Grade. r- Corner and terminal post footings shall be a minimum of 36 inches and gate posts footings a minimum of 48 inches below finished grade. F. Brace each gate and corner post to adjacent line post with horizontal center brace rail. Install brace rail one bay from corner and gate posts as indicated on plans. r' G. Provide top rail through line post tops and splice at 21 foot maximum intervals. l.. H. Do not stretch fabric until concrete post footings have cured sufficiently. I. Stretch fabric between terminal posts or at intervals of 100 feet maximum, whichever is less. F J. Fasten fabric to top rail, line posts and terminal posts at with tie wire at no less than 15 inch intervals. K. Attach fabric to end, corner, and gate posts with tension bars and tension bar clips or lock loops. L. Install bottom tension wire in the lower 6 inches of the chain link fabric and stretched taut between terminal and intermediate stretch posts. M. Install extension arms sloped outward and attach barbed wire; tension and secure. N. Install gate with fabric and barbed wire overhang to match fence. Install latch, catches and according to manufactures suggestions. O. All buried utilities should be located in the field prior to drilling any holes for posts. Water and wastewater utilities can be located by calling 767- 2722. 3.2 ERECTION -TOLERANCES A. Maximum Variation From Plumb: 1/4 inch. B. Maximum Offset From True Position: 1 inch. C. Layout will be established prior to construction, components of the fence shall not infringe upon adjacent property lines.