HomeMy WebLinkAboutResolution - 5702 - Contract - Chuck Sudduth Associates - 69Th & Slide Landcape Inprovements - 11_13_1997RESOLUTION NO. 5702
Item #37
November 13, 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 Chuck Sudduth Associates, of Lubbock, Texas, to install and
furnish all materials and services as bid for the 69th & Slide Landscape Improvements, 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 13th . day of November , 1997.
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i 67WIT, WIMTAYOR
ATTEST:
Kay he
Darnell, City Secretary
APPROVED AS TO CONTENT:
, &I Ady-^�— 4
Victor Kilman, PurchasiAfftiftager
APPROVED AS TO FORM:
Znald G. Vandiver, Fi
City Attorney
dalcodocs/ndduth. rea
November 3, 1997
CITY OF WBBOCK
SPECIFICATIONS FOR
69TH & SLIDE LANDSCAPE IMPROVEMENTS
BID #97238
CITY OF LUBBOCK
Lubbock, Texas
1
CITY OF LUBBOCK
INVITATION TO BID
FOR
TITLE: 69TH & SLIDE LANDSCAPE IMPROVEMENTS
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 97238
PROJECT NUMBER: 9886.9240
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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INDEX
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
r
NOTICE TO BIDDERS
BID #97238
r Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the
office of the Purchasing Manager, Municipal Building, 162513th Street, Room L-04, Lubbock, Texas, 79401, until
o'clock a.m. on the 22nd day of October, 1997, or as changed by the Issuance of formal addenda to all planholders, to
furnish all labor and materials and perform all work for the construction of the following described project:
"69TH & SLIDE LANDSCAPE IMPROVEMENTS"
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the
r- 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.
l The City of Lubbock will consider the bids on the 13th day of November,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 fumish a payment bond in accordance with Chapter
2253, Government Code, in the amount of 100% of the total contract price In the event that said contract price exceeds
$25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior, as the
rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified
check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without
recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a
guarantee that bidder will enter into a contract and execute all necessary bonds (f required) within 10 days after notice of
award of the contract to him.
r* It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local
l 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
IS day of October, 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
t payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale.
6 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response
to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in
consideration for an award.
,.. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings
and bid openings are available to all persons regardless of disability. If you would like bid information made available In
a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at
(806) 775-2281 at least 48 hours In advance of the meeting.
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C OOFLUBBOCK
C[,�.tJt
VICTOR KIL N
PURCHASING MANAGER
Bid documents may be obtained upon request from the Purchasing Department at 162513th Street,
Room L-04, Lubbock, Texas 79401; Telephone (806)775-2167/Fax (806)775-2164.
GENERAL INSTRUCTIONS TO BIDDERS
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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 69TH & SLIDE LANDSCAPE
IMPROVEMENTS.
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
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.
E 4. BIDDER INQUIRIES
No bidder shall request any information verbally. All written requests for additional information or clarification
concerning this bid must be addressed to:
RON SHUFFIELD
SENIOR BUYER
CITY OF LUBBOCK
P.O. BOX 2000
LUBBOCK, TX 79457
FAX (806)776-2164
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5. TIME AND ORDER FOR COMPLETION
i The construction covered by the contract documents shall be fully completed within 30 (THIRTY) consecutive
calendar days from the date specified In the Notice to Proceed issued by the City of Lubbock to the successful
*^ bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the
City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the
contract documents. In the event the City requires a progress schedule to be submitted, and it Is determined by
the City that the progress of the work Is not In accordance with the progress schedule so submitted, the City may
direct the Contractor to take such action as the City deems necessary to Insure completion of the project within
the time specified.
6. PAYMENT
All payments due to Contractor shall be made In accordance with the provisions of the General Conditions of the
contract documents.
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
improyements 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 swom statement of the current financial condition of the bidder.
(c) Equipment schedule.
12. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of
Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the
materials to be incorporated into the work without paying the tax at the time of purchase.
13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a
way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
other underground structures which might or could be damaged by Contractor during the construction of the
project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the
location of all such underground lines and utilities of which it has knowledge. However, such fact shall not
relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or
damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired
Immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense.
14. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals,
and shall take 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,
i 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. ASBESTOS -CONTAINING AND ENVIRONMENTALLY HAZARDOUS MATERIALS
l There shall be no asbestos -containing or environmentally hazardous materials identified by the E.P.A. or
O.S.H.A. used or installed in any category of work under this Contract. Three sets of MSDS sheets for each
product installed in this project are required to be submitted with the project close-out documents
16. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from
the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume
full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all
cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger
life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms,
or corporations engaged in similar type of construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this contract,
It shall be the duty of the Contractor to notify each utility company having structures (above or below the ground)
In proximity to the site of the work of Contractor's Intention to use explosives, and such notice shall be given
sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their
property from Injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage
resulting from his blasting operations.
17. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times while the
work is in progress under this contract. The successful bidder shall be required to furnish the name, address and
r telephone number where such local representative may be reached during the time that the work contemplated
by this contract is In progress.
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Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each
r 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
.r of per diem wages, which schedule is included In the contract documents. The Contractor shall forfeit as a
penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or
mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less
than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of
per diem wages Included In these contract documents.
21. PROVISIONS CONCERNING ESCALATION CLAUSES
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s Bids submitted containing any conditions which provide for changes In the stated bid price due to increases or
' decreases In the cost of materials, labor or other items required for the project will be rejected and returned to the
bidder without being considered.
i 22. PREPARATION FOR BID
The bidder shall submit his bid on forms fumished 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 fumish 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.
23. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the
following:
(a)
(b)
!^
(c)
(d)
(e)
(9)
(h)
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Notice to Bidders.
General Instructions to Bidders.
Bidder's Submittal.
Statutory Bond (if required).
Contract Agreement.
General Conditions.
Special Conditions (if any).
Specifications.
Insurance Certificates.
All other documents made available to bldder 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.
24. 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 fumish 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.
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BID SUBMITTAL
LUMP SUM BID CONTRACT
PLACE: , f
DATE:
PROJECT NUMBER: _ BID #97238 - 69TH & SLIDE LANDSCAPE IMPROVEMENTS
IBid of �_��ti�Gt��s (hereinafter called Bidder)
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L To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owne*
Gentlemen:
The Bidder. In compliance with your invitation forbids for the construction of a
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having carefully examined the plans. specifications, instructions to bidders, notice to bidders and all other related
contract documents and the site of the Intended work, and being familiar with all of the conditions surrounding the
construction of the Intended project including the availability of materials and labor, hereby Intends to furnish all labor,
materials, and supplies; and to construct the project In accordance with the plans, specifications and contract documents,
i within the time set forth therein aryl at the price stated below. The price to cover all expenses incurred in performing the
l work required under the contract documents.
BASE BID ITEM #1: Tree Removal/Soil Leveling: The four existing trees near the east end of the lot shall be
removed as well as any vegetation that has emerged that would obstruct the Installation
of the Irrigation system or proposed trees. The removal of the four existing trees, that
will result In depression, shall be filled. Leveling throughout the property shall take place
a In order to provide for an appropriate mowing surface. and so that excess water will
draln.
MATERIALS! ($ )
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4 TOTAL BASE BID ITEM #1: ($ S!L WV )
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r BASE BID ITEM #2: Grass Seeding: after the soil has been leveled to an appropriate manner, Hulled Buffalo
grass shall be seeded at a rate of 6 lbs PLS11000 sq ft.
MATERIALS: E
l . SERVICES: ($ )
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TOTAL BASE BID ITEM #2:
BASE BID ITEM #3: Ln ioation System: A drip Irrigation system with quick couplers shall be Installed as
shown on the plan.
MATERIALS:
SERVICES:
TOTAL BASE BID ITEM #3:
BASE BID ITEM #4:
MA
Plant Material:
on the plan. .
153 Keteleeri Junipers and 3 Honey Locusts shall be planted as shown
S!�
SERVICES: ($
TOTAL BASE BID ITEM #4:
TOTAL BASE BID ITEMS #1 - #4: Furnish and install tree removal and soil leveling, grass seeding, Irrigation
system, and plant material.
a�
MATERIALS:
SERVICES:
TOTAL BASE BID ITEMS #1- #4: ($
(Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown In words shall govem.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written
"Notice to Proceed" of the Owner and to fully complete the project within 30 (THIRTY) consecutive calendar days
thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner
as liquidated damages the sum of $200.00 (TWO HUNDRED DOLLARS) for each consecutive calendar day in excess of
the time set forth herelnabove 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.
bidding.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
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The Bidder agrees that this bid shall be good and may not be withdrawn for a pedod of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the sitd 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 thgdate 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 cashlees check or
certified check Issued by a bank *atlsfactory to the City of Lubbock, or a bid bond front 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 giguarantee that bidder will enter into a contract and execute all necessary bonds Of
r, required) within (ten)10 days after notice of award of the contract to him.
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Enclosed with this bid is a Cashier's Check or Certified Check for .�v � t•-'
.Dollars (a /7-y;_) or a Bid)Bond In the sum of 01
r 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 Of 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 shalt be bound and include all contract
documents made available to him for his Inspection In accordance with the Notice to Bidders.
,
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I A orized lggkt
(Printed or Typed Name)
Company
Add el -
City, County
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stateZip Code
Telephone: - 79 1;4 - `z 6 7 /
(Seat If Bidder is a Corporation)
l ATTEST:
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h4-'I�'�
r' Secretary
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LIST OF SUBCONTRACTORS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Minority Owned
Yes No
❑ ❑
❑ 0
0 0
0 0
0 ❑
0 0
❑ ❑
0 0
0 0
0 0
PAYMENT BOND
` STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $25,000)
KNOW ALL MEN BY THESE PRESENTS, that
Principal(s), and
(hereinafter called the Principal(s), as
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
�^ Obligee), in the amount of Dollars ($ l 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 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 Principal
'By: By:
(Title) (Title)
By:
(Title)
t By:
(Title)
PW
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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.
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PERFORMANCE BOND
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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
Is 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
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:
(ride)
Principal
By:
(Title)
By:
(Title)
By:
(Title)
t
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 Fad, we must have copy of power of
attorney for our files.
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CERTIFICATE OF INSURANCE
7
12/02/9? 0:481 SHROPSHIRE-AGENCY, INC. WBBOCK y 8067752164 NO. 908 IP02
A- wo, Al�' ... .... ...........
7WSUE OATZ MADfM
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-1/24/1997
......... ............................
THIS CERTIFICATE M ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
Tom Cunnius Agency
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
P.O. BOX 10428
POLICIES BELOW.
.... ................. ......... .. ......... .. . .... I . ....................... ..... I .............. ... .. ...............
Lubbock, TX 75408
COMPANIES AFFORDING COVERAGE
(806) 763-7311 Fax 763-0556
..................... ...... . .... ................... ............ ...... . . . .. . .
A TRINITY
... . ........ . .......................................... . ............... ....................................................
.. .. ................ .. . . .. ..... . . . ..... .. . ...... . . ........................... . .....
""ANY 8 TEXAS WORKERS COMP FUND
LEM
.. .... .... 11 ...... ....... ... ......
CHUCK SUDDUTH ASSOCIATES
................. ..................
COUPANY
WIM C
8007 CLINTON
I ... ............ .... . .. .... ......................................... ... ...... ..................
LUBBOCK, TX 79424
ewAw D
UTM
............................ . . . .... .. ............. ..................
COMPANY
E
THIS 15 TO OFSMFY THAT THE POLICIES OF iNSUPMCE USTED BELOW HAVE BEEN ISSUED 70 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED OY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF
...... .. .......................... .. . I ...............
SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
......................... . . ................. . ......... ... .... .. . .............. .......... .... ...
:0:
• WIMIL OF 1111911RANCE
1 POLICY IPWM )*IXT NMWkAT=
M FxY 11101110M DATE (MMODn WE (WAA301M Lam
.... ....................... . . ............ ... ...
A;: amnia wswfY
................. .... . .. ........ ........... .. .......................... .... . . . .. .......... .......... ..
QEWJt& AS(IIIEWn 4 1,000,000
X 'CMDARCIAL GEIVAL LVBUff
....................................... ; .........................
QLA $10 1349 FA0DUCra4DOMPMP A= ;S 1,000*,60--o-
*Aso MADE X:,O=M;.::
................. ........................... .... . . ... -6 ................
:0 3/12197 0 3 12 9 Am, "my -8 1, 00,000
.........
a wNTRACTON$ PAM,
EACH 006ijiiiii�ai—* 61, ..........................
1,000 . 66*6
. . .. ...... ............. . ................... .. ......... ........
...........
FM DAMAGG (Any W* 11m) 8 50,000
:
..... .. ........................................................
........... ......
................................ ............................. . ........
MED. fimww ON or& pwwn); f 5,000
..... ..... .. .................. .. ... .............. ............. ...... ..... .. ........... . ................................. .... ...... ... .......................
iwrOMOKE tIAOM
COLO-WO SINME
LpArr 500,0001
MY AM
TCA"=I-M
i ALL OMED AMOS
12/04/97 12 0 4 9 SONLY INAIRY
3CHEDLXED AUTOS
(Per V91wQ
................. .................. ........
X s NMD AUTOS
BODILY *WRY
XI W)N4WNM AUTOS
.. . ..................... . .. . ..................................
LIABOM
..........
PR DML%=
......................... .. .........
;T
!�
........ .. . . ...............
.. . ........................ . . . ....... .... ....... . . .............. . . ........... ......... ... ...........
WH O=WIENM
ULUFRUA PCA00"ATE
............................................... ............. .............. .......
...•
OTHER THAN wwo-LA FWM
....... . ............................ ........
................ ........... .......... .......... ........... ..................... ...... .. ... ............
BTATUTORY LNrM
WORKERl C011IFU9ATION
C
TEF-IMM7-00 95/18/97 05/18/981."AcHA=0w
AM
OZEAM - POLICY 4 500,000
VMWYIMIr UASIM
....
. .......... . . ........... ....... . .
500,000
........... ............ .................................. ... ......................... 1 . ............................... ........ ............................ ...... ... ...................................
..................... ........................................
OTHER
.. ............ ................. ......... ............. ........ ....... . .. .................... .... .......... .............. ............ ............ ......
specific job: 69th and Slide Landscape Improvements.
Certificate holder is shown as additional insured
as to the above specific job description._ -
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED ED OEFORE THE
EVIRATIDN DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL --1-0 DAYS WRITTEN NOTICE M THE CERTIFICATE HOLDER NAMED TO THE
CITY OF LUBBOCK g;: LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
P.O. Box 2000 =A7M
AU
LUBBOCK Ty. 79457
12-62-97 14:41 RECEIVED FROM:806 763 0556
P
11/25/97 10:15 SHROPSHIRE AGENCYP INC. LUBBOCK 8067752164 NO.886 902
'FM R"
P=15N.
11/24/1997
. ............... ... ..............
00 I mu . 'm
THIS CERTIFICATE IS ISSUED AS A MArr2R OF INFORMATION ONLY AND
CONFERS, NO RIQHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
Tom Cunziumt Agency
T DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
P.O. Box 10428 POLUME BELOW.
..... ..... ......... *"*"* ............ .... .. * . ...... -- ...........
Lubbock, TX 79408
COMPANIES AFFORDING COVERAGE
(806) 763-7311 Fox 763-0556
. ... ... .. ........ . ..... . .......... .. ...... ................ --- ...................... ........ .
Y
A TRINITY
LErW
................................ ...............................................................................
.................... ..................... ..................................... .................................. CWAW 13 TEXAS WORKERS COMP FUND
LETTM
...................... .................... ............. ..................... I ....... I ...................
CHUCK SUDDUTH ASSOCIATES CWANY C
$007 CLINTON LErrM
. . .... ............... .... ....... . . .... . .. . . .... ........ ....................................................................................... .......
LUBBOCK, TX 79424 DOA MY
LETTERD
. .. .. . .............................. . .. ....... .. .. ...... ........ ....... . . ..........
COWANY
E
LETTM
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT To WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES
DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN—M.A.Y. .HAVE BEEN REDUCED BY PAID CLAIMS.
. . . .................. .................. .. .. ..... ... ...... I .......... ................................. ....................... ............ .... I ......
......... .........
COPOUCT 9FTCT=
LTR: TYPO Of 95UANCL POLICYNumam DAM (NWVAT9WOO"
FOUCY WMAWN
MM
.......................... ...................... .... ...... .... ............... ...... ... ... ....... .. ....
A; amma uuuff
........
GENERA-AGGM.GATE ......
1,000,000
C=MCX OENF-01 LLeLfTY GLA $10 130
........................... .....
PRODUCM-OOMP)OP AGO.
4
..................
1,000,000
CLAW MADE i X �Occm'! Z-3/12/97
.......................... I ..............
.. : ........................
is
....
Ir.000,000
OCCUFf"CE
...........................
1..000' 000
......
.......... ..........
FF& DAMAGE W7 om Ike)
50,000
.............. ..........................
... ................. ... .... . ............................ ...... ....... ...... .... ....
...... ......... .....................
MED. EGM4&E (Arty W* p0mWQ:;S
. ..... ........
COMM a SIN"
MIT
500,000.
AWAM
ALL OWNED X"D9 12/04/96
12 0 4 9 71 BODILY KWY
. ... .. ........
X SCMWMFD AUFW
(Per infwn)
.............
.................. ...... .......
BMLY Nim
......
........
X NON4YhWD AUTOS
................................
....
GARAGE LIABILITY
........
PROPERTY DAMAGE
:1
......... . . ...... .......... ...... ...... . .................. .... ........ .... .... .. .... ....... . .
31= LLGLITY
. ..... . ....... ...... .................
EACH OCCIPIRENGE
......................
ps
......... .....
..................................
UMBRELLA FORM
............................. ............ ....
kaiGROAM
:$
i OTHER THAN UMBRELLA FM
............ . ............................ ...................... ............ ................. -1 ......... .................
................ ...............
........
worn COMPEITBATION
X.
C TSF-12=7-011
05/ 18/ 99 e.Ac►IA`"."....
AM .05/18/97
....................
DN.- POUCH' LIMIT
.
EWLOYM' UARL"
i ............................................. .. .. .....
..M.......
oEEAM - EAW GAMOYM
............................... ........ ...........
.....
4
......................
.
500,000
....... ..... ..
... ..................................................... ........ .......... .
OTHER
........................ .................................. ......... ............................. .......... . .. ...........................
M=rnoN OF OMATfNL1LOCATM&V9HVLZ%%ftU1kL ITM
................................. ..........................................................
.............................
specific Job: 69th and Slide Landscape Improvements,
Certificate holder is shown
as additional insured
as to the above specific job
description.
SHOULD ANY OF THE ABOVE DESCRIBED POUQ1E3 BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 10 DAYS WRITTEN NOTICE To THE CERTIFICATE HOLDER NAMED TO THE
TY OF LUBBOCK LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR AEPRESENTATWU.
P.O. Box 2000
LUBBOCK TX 79457
r"
11-25-97 11 : 198 RECEIVED FROM:806 763 0556 P.02
i$$$$'4:4:;}:;}::t f..:. $....:. $.}:. nNit:$ .w: ti t t•} v.}•x::: r: • •. ..:...:.• ::
PRODUCER
Tom Cunnius Agency
P.O. Box 10428
Lubbock, TX 79408
(806) 763-7311 Fax 763-0556
..•.......................................................................................
INSURED
CHUCK SUDDUTH ASSOCIATES
8007 CLINTON
LUBBOCK, TX 79424
- - - } }::.::.::. :•. :$::$$:$::::}}}}:} a$:::}::$•ri: ISSUE DATE MOD
•rr:t•}: �:.r:.r: •.>:.r}r:t t•>:: t:.r::.r'.r}r}:.}'.r:.r:.r}:t•rr:.r:.r:t.::.:.. ... }..:.:::::. �:.:.: .
t"•� .... :: 11 24 997
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
:. .......................................................................
COMPANIES AFFORDING COVERAGE
.................................................................................................................................................................
COMPANY LETTER
A TRINITY
............................ ............. ............................. ..................................................... ........................... ...........
.
......•••"' B TEXAS WORKERS COMP FUND
:........................... ......... .............................................................................................................................
COMPANY
LETTER
C
....................
COMPANY
LETTER
.......................................... ..........................................................................
D
:..........................................................................................................................................
COMPANY
LETTER
E
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
.....................................................................................................................................,.............................. ; ..................................................................................................................
;0 ; ; POLICY EFFECTIVE POLICY EXPIRATION
TYPE OF INSURANCE POLICY NUMBER E DATE (MMIDDlYY) DATE(MMIDOAYY) LEM
i....................................................................................................................................:...................... ...........:................... .......................................................... ... .. ..
A ;GENERAL LLIBLLITY GENERAL AGGREGATE is 1,000,000
}........:........................................................ .: .........................
X COMMERCIAL GENERAL LIABILITY GLA Bid 1349 : PRODUCTS-COMPIOP AGO. i 1,000,000
r CLAIMS MADE X occuR 0 3 /12 /9 7 0 3/ 12 / 9 8}. soria�. a aov. iwu�rr s 11000,000.
' .........
DwraEFTS a CONTRACTORS PROT. EACH OCCURRENCE s 11 ............0...0....0., 0...0....0
FIFE: DAMAG Gay one nr.) : s 5 0, 0 0 0
.............................................................. E . ................. ............ . ............. ...... :... ..
E MED. EXPENSE (Any am perwn)' s 510 0
................... --- ...... ......... ....................:........................................ ....................... ..-...................................------ ........................ ;.......................................... ............. -............ I....... .......
AUTOIIOBLLE LIABILITY COMBINED SINGLE j 5 0 0 0 0
' ANY AUTO TCA9903381-03
>.......................................:......................................
E ALL OWNED AUTOS 12 /0 4 /9 6 12 / 0 4 / 9 7 BODILY WIRY
X SCHEDULED AUTOS ;(Per perms
...................
X ::HIRED AUTOS BODILY INJURY
E
X ; NON-0WNED AUTOS : (Per mccldenq
E GARAGE LIABILITY
v...................................................................
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
:................................................ :..................... .................
PROPERTY DAMAGE E><
....................................................... :................................................ :.......................................
E ;EACH OCCURRENCE s
}............................................... t........................................
AGGREGATE E s
....................................................... .....:::.::.........:::,::.,: ,............::::::;,«,;
i..XE STATUTORY LIMITS
..:.......................................f........is:::> i s rr
C E AND TSF-124UT-00 0 5 /18 /9 7 0 5/ 18 / 9 8, EACH AccIDENr : 500,000
DISEASE - POLICY LIMIT : s 5 O O, a 0 0
EIIPLOYEITs' LIABG RY .................................. :..D
E ISEiS... EACH EMPLOYEE ! s
............
• 500,000
%# SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
#:? EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
CITY OF LUBBOCK s LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITW ANY KIND UPON THE COMP Y, ITS AGENTS OR REPRESENTATIVES.
z<
P. O. BOX 2000 :::`:i:AIITHo ESENTATIVE
LUBBOCK TX 79457 }
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' :} :. .... ....v .: r.v:::?:v .t•: }:::: v:::::.v: v:•:t:h:•:v: wnv; � :.:::.:::::. ::::::$i$�:!•: v:. .......:... ...:.i :::.v.v:w.tr:..t � _ :.
..:......................................................:...........................................................................
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Appropriate Insurance AgentlBroker
Prior to Award of Contract
I, the undersigned AgentBroker, 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.
CL0--5 6.
Agent (Signature)
Name of Agent/Broker.
Cu WW/d' -5
Agent (Print)
Address of Agent/Broker. 14 l D 4- 2 e
City/State/Zp: lam, ( ) v � 6 r!) ac. ll —% q YO Y
Agent/Broker Telephone Number. 3. 7 3 / I
Date: I (- 2 l - ci ;!
CONTRACTOR'S NAME: _ ckuc
(Print or Type )
CONTRACTOR'S ADDRESS: Foo i GL-„4o—pj
4 S5Dc.c".S ,Ex✓C
1, v b be cis 1 X -7 4VIS4
NOTE TO AGENT/BROKER
If this time requirement is not met, the City has the right to reject this bid/proposal and award the
contract to another contractor. If you have any questions conceming these requirements, please
contact the Purchasing Manager for the City of Lubbock at (806)775-2165.
BID #97238 - 69TH & SLIDE LANDSCAPE IMPROVEMENTS
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;
(n 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
r
t
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must (see
reverse) be covered by workers' compensation insurance. This Includes persons providing, hauling, or delivering
equipment and materials, or providing labor or transportation or other service related to the project, regardless of the
Identity of their employer or status as an employee."
(8)
r
r
r
r
'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
contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements for all of its employees providing services on the project, for
the duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the
project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of
this rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor.
() a certificate of coverage, prior to the other person beginning work on the project; and
(i) prior to the end of the coverage period, a new certificate of coverage showing extension of
the coverage period, if the coverage period shown on the current certificate.of coverage ends
during the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter,
(G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (I-), with the certificate of coverage to be provided to the person for whom they
are providing services.
r
t...— z, LLo L— i— 1.- L--. t—.._: L_ L--- `._. I t_ L._> L— 1 ,,
CONTRACT
�- STATE OF TEXAS
COUNTY OF LUBBOCK
THIS CONTRACT, made and entered into this IP day of November,1997, by and between the City of
Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so,
hereinafter referred to as OWNER, and CHUCK SUDDUTH ASSOCIATES of the City of Lubbock, County of
Lubbock and the State of Texas, hereinafter termed CONTRACTOR.
rWITNESSETH: 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 097238 - 69TH & SLIDE LANDSCAPE IMPROVEMENTS - $24,989.00
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own
proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor,
r,. 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
f payment on account thereof as provided therein.
7
L
L.
F
I
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 EST:
Secre a
APPROVED A TO CONTENT:
l<-C
Owner's presentative
ATTEST.
Corporate Secretary
, JA
wrl JdF*
CONTRACTOR:
CHUCK SUDDUTH ASS /CIATES
By:
PRINTED NAME:'/��
TITLE:��rs
COMPLETE ADDRESS:
Chuck Sudduth Associates
8007 Clinton Ave.
Lubbock TX 79424
r
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i
7
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t
GENERAL CONDITIONS OF THE CONTRACT
6
I
GENERAL CONDITIONS OF THE CONTRACT
1. OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it
shall be understood as referring to the City of Lubbock, Texas.
r2. 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 CHUCK SUDDUTH ASSOCIATES
r who has agreed to perform the work embraced in this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
r
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 CRAIG WUENSCHE, PARK DEVELOPMENT SUPERVISOR, who will
k Inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said
k Owner to act In any particular under this Contract. Engineers, supervisor or Inspectors will act for the Owner
under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting
r on behalf of the Contractor.
k
4. CONTRACT DOCUMENTS
j The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed
ll 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.
S. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted,* "Designated" "Required," "Considered Necessary," "Prescribed," or
words of like import are used, it shall be understood that the direction, requirement, permission, order,
designation or prescription of the Owner's Representative Is Intended; and similarly, the words "Approved,"
�^ "Acceptable,* "Satisfactory," or words of like Import shall mean approved by or acceptable or satisfactory to the
Owner's Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due
Subcontractor.
l 7. WRITTEN NOTICE
l Written notice shall be deemed to have been duly served if delivered In person to the individual or to a member
of the firm or to an officer of the corporation for whom it Is Intended, or If delivered at or sent certified mail to the
last business address known to him who gives the notice.
I
8. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other
facilities necessary for the execution and completion of the work covered by the contract documents. Unless
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.
The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials
or work described in words which so applied have well known, technical or trade meaning shall be held to refer
such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract
documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owners Representative. The Owner's Representative will —
check the Contractors layout of all major structures and any other layout work done by the Contractor at
Contractors request, but this check does not relieve the Contractor of the responsibility of correctly locating all
work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be fumished 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 Owners Representative may make periodic visits to the site to observe the progress of quality of the
executed work and to determine, in general, if the work is proceeding In accordance with the contract documents.
He will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the
work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or
the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner
that the completed project will conform to the requirements of the contract documents, but he will not be
responsible for the Contractors failure to perform the work in accordance with the Contract Documents. On the
basis of his onsite observations, he will keep the Owner informed of the progress of the work and will endeavor to
guard the Owner against defects and deficiencies In the work of the Contractor.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owners 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. OWNERS REPRESENTATIVES AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Contract that the Owner's
l 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.
r.. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the
i Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to
the execution of the work or the interpretation of the contract, specifications and plans.
15. SUPERINTENDENCE AND INSPECTION
It Is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from
r* 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
4 inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his
decision.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory
to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions
given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable
representatives of the Contractor Is essential to the proper performance of the work and lack of such supervision
shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the
Contractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions 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
after the execution of this contract, shall effect or modify any of the terms or obligations herein contained.
is. 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 fumish
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
wiil be in accordance with the methods prescribed by the American Society for Testing and Materials or such
other applicable organization as may be required by law or the contract documents.
If any work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative,
be uncovered for observation and testing at the Contractor's expense. The cost of all such Inspections, tests and
approvals shall be bome by the Contractor unless otherwise provided herein. Any work which fails to meet the
requirements of any such tests, inspections or approval, and any work which meets the requirements of any such
tests or approval but does not meet the requirements of the contract documents shall be considered defective.
Such defective work shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owners Representative, nor inspections, tests, or approvals made by
(� Owner, Owners 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 Owners 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 Contractors expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit,
In the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof,
either before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for
a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount
of work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make
such changes or alterations as shall make useless any work already done or material already furnished or used in
said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual
loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally
r planned.
f 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 Owners 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 Contractors 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 Owners Representative
r- when presented with a written work order signed by the Owners Representative; subject, however, to the right of
C 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.
r 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
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
matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary
barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained
against the Owner or any of its officers, agents, or employees including attorney's fees.
! The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an
Independent Contractor, inclusion of this paragraph in the 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,
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 fumished 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 altemative. 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 $1,000,000.00
Combined Single Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
r' Underground Damage Hazard
Products & Completed Operations Hazard
-� Contractual Liability
6
Independent Contractors Coverage
r
Personal Injury
7,
Advertising Injury
B. Owners Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
For bodily injuries, including accidental death and or property damage, $1,000,000.00 Combined Single
Limit. This policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $500,000.00 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. Builders Risk Installation
The Contractor shall obtain a Builders 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 $i_) 00 on all contracts with
coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability
coverages.
F. Workers Compensation and Employers Liability Insurance
Workers Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,000.
1. Definitions:
Certificate of coverage ("certificate') - A copy of a certificate of insurance, a certificate of
authority to self -insure issued by the commission,or a coverage agreement (TWCC-81, TWCC-. _
82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
contractors/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 ail or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the contractor and regardless
of whether that person has employees. This includes, without limitation, Independent
contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of
any such entity, or employees of any entity which furnishes persons to provide services on the
project. "Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2. The contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements
{
t of Texas labor Code, Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the contractor's current certificate of coverage ends during the
duration of the project, the contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
S. The contractor shall obtain from each person providing services on the project, and provide to
the governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
6 The contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
T. 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.
a. The contractor shall post on each project site a notice, in the text, form and manner prescribed
by the Texas Workers' Compensation Commission, informing all persons providing services on
the project that they are required to be covered, and stating how a person may verify coverage
and report lack of coverage.
9. The contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
,i and filing of any coverage agreements, which meets the statutory requirements of Texas
l Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(b) provide to the contractor, prior to that person beginning work on the project, a certificate
'
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
r
{
(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.
{) P �
(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;
I
(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 mall 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. r
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date bome by
such certificate.
O A provision rovision that the policy may be canceled only by mailing written notice to the named insured
at the address shown in the bid specifications. _
(6) A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the
job specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of
the project based on proper reporting of classification codes and payroll amounts and
filling of any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period shown on
the contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the
governmental entity:
01 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
f I) 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,
r
(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
E
affects the provision of coverage of any person providing services on the project;
1
(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
k
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
f�
additional words or changes:
y
REQUIRED WORKERS' COMPENSATION COVERAGE
r,
"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
r
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 5IV440-3789 to receive
Information on the legal requirement for coverage, to verify whether your
employer has provided the required coverage, or to report an employer's failure to
provide coverage.' and
(h) contractually require each person with whom it contracts to provide services on a project,:
to:
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0 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;
(I) 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;
(v) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter,
(vi) 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
(vii) 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 fumishers of machinery and parts
thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the .
performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all
obligations of the nature hereinabove designated have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any Indebtedness to accrue for work furnished by any of
those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within
five (5) days after demand is made, then Owner may, during the period for which such Indebtedness shall remain
unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness
or may apply the sum so withheld to discharge any such Indebtedness.
Any and all communications between any party under this paragraph must be in writing.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device,
material or process covered by letters patent or copyright by suitable legal Contract with the Patentee or Owner
thereof. The Contractor shall defend all suits or claims for Infringement of any patent or copyrights and shall
Indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all
such suits and claims and shall be responsible for all such loss when a particular design, device, material or
process or the product of a particular manufacturer or manufacturers Is specified or required In these contract
documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to
the Contractor, then Contractor shall Indemnify and save Owner harmless from 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 Owner's
Representative, he shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, Insofar
as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner
may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect
as though embodied herein.
33. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his personal attention to the
r' 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.
34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It Is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified In the contract of work to be done hereunder are essential
conditions of this contract; and It is further mutually understood and agreed that the work embraced In this
contract shall be commenced on a date to be specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any
proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the
consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total
compensation, the sum of $200.00 (TWO HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated
damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor
shall be in default after the time stipulated for completing the work.
roll
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
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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 Owners Representative, --
schedules which shall show the order In which the Contractor intends to carry on the work, with dates at which the
Contractor will start the several parts of the work and estimated dates of completion of the several parts.
36. EXTENSION OF TIME
The Contractor agrees that he has submitted his bid in full recognition of the time required for the completion of
this project, taking into consideration the average climatic range and industrial conditions prevailing in this
locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he
shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been
delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors
employed by the owner, or by changes ordered in the work, or by strike, walkouts, ads 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
agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ
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somewhat from these estimates, and that where the basis for payment under this contract is the unit price
method, payment shall be for the actual amount of work done and materials furnished on the project.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties In any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under
this Contract, from any damage or injury by reason of said process of construction; and he shad be liable for any
and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor
r' agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any
Injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such
Indemnity shall not apply to any claim of any kind arising out of the existence or character of the work.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work
r by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the
specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth In the
bid attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive
,., such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses
incurred by him and for well and truly performing the same and the whole thereof In the manner and according to
this 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, eitherwholly or in part, nor shall any certificate or payment be considered as acceptance of defective
work. Contractor shalt at any time requested during the progress of the work furnish the Owner or Owner's
Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection
with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there
are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by
Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have
not theretofore been timely filed as provided in this contract.
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. Owners 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.
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43. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work
has been completed or substantially completed, the Owner's Representative and the Owner shall Inspect the
work and within said time, if the work be found to be completed or substantially completed In accordance with the
contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of
completion, and thereupon It shall be the duty of the Owner within thirty-one (31) days to issue a certificate of
acceptance of the work to the Contractor.
44. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final
measurement and prepare a final statement of the value of all work performed and materials furnished under the
terms of the 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 Owner's
Representative on account of failure to conform to the contract, whether actually incorporated in the work or not,
and Contractor shall at his own expense promptly replace such condemned materials with other materials
conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of
other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any
such condemned work within a reasonable time after a written notice by the Owner or the Owner's "—
Representative, Owner may remove and replace it at Contractor's expense.
46. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of
responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any
damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of
substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with
reasonable promptness.
47. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any
certificate to such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence Indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which
will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them.
48 TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor
shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's
Representative has given any directions, order or Instruction to which the Contractor desires to take exception.
The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision
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.
48. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written
notification from the Owner or the Owner's Representative, or If the Contractor fails to comply with the orders of
the Owner's Representative, when such orders are consistent with this contract, this Contract, or the
Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete
the work and a copy of said notice shall be delivered to the Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery,
equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment
under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or
another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore
(except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph
24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the
cost to complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion 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:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and
supplies as said Owner may deem necessary to complete the work and charge the expense of such
labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so
charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may
thereafter at any time become due to the Contractor under and by virtue of this 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
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
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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,
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or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be
sustained and bome by the Contractor at his own cost and expense.
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 fad that the Owner or Owners Representative shall have the right to observe Contractors
work during his performance and to cant' out the other prerogatives which are expressly reserved to and vested
In the Owner or Owners Representative hereunder, Is not intended to and shall not at any time change or effect
the status of the Contractor as an independent contractor with respect to either the Owner or Owners
Representative or to the Contractors 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
Resolution No. 5121
March 14. 1996
4
Item #19
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RESOLUTION
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
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i works contracts for the City of Lubbock in accordance with the provisions of Vernon's i
Ann.Civ.St., Art. 5159a; and
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E WHEREAS, such wage rates were established by Resolution No. 719 enacted February i
12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by
Resolution No. 2502 enacted January 8, 1987; and
WHEREAS, such rates need to be updated at the present time in order to reflect the
`. current prevailing rate of per diem wages; NOW THEREFORE:
!
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
('
THAT the general prevailing rate of per diem wages for public works contracts shall be
as set forth in the following named exhibits, which exhibits shall be attached hereto and made
a part hereof for all intents and purposes: ,
Exhibit A: Building Construction Trades j
' Exhibit B: Paving and Highway Construction
Exhibit C. Overtime Rate
Exhibit D: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing rate of per diem
wages in all localities where public works are undertaken on behalf of the City of Lubbock and
such wage rates shall be included in all public works contracts as provided by law.
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Passed by the City Council this 14th
ATTEST:
Betty M. Rinson, City Secretary
APPROVED AS TO CONTENT:
Mary AndrVws, Managing Director of
Human Resources
APPROVED AS TO FORM:
a old Willard, Assistant City Attorney
H W :da/ccdocs/pubworks. res
February 14, 1996
2
�� a.II � in
City of Lubbock
Building Construction Trades
Prevailing Rates
r�
Hourly Rate
Acoustical Ceiling Installer
10.00
Air Conditioner Installer
11.00
Air Conditioner Installer -Helper
5.50
Asbestos Worker
8.00
Asbestos Supervisor
11.00
Bricklayer
11.00
Bricklayer -Helper
6.00
Carpenter
11.00
Carpenter -Helper
6.00
Cement Finisher
7.50
Drywall Hanger
10.00
Electrician
13.00
Electrician -Helper
6.00
Equipment Operator -Heavy
8.50
Equipment Operator -Light
7.50
Floor Installer
8.50
Glazier
8.00
Insulator-Piping/Boiler
9.00
Insulator -Helper
5.50
Iron Worker
8.00
Laborer -General
5.50
Mortar Mixer
5.50
Painter
9.50
Plumber
10.50
Plumber -Helper
6.00
Roofer
8.00
Roofer -Helper
5.50
Sheet Metal Worker
8.75
Sheet Metal Worker -Helper
5.50
Welder -Certified
10.00
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EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
FlaSger
Form Setter
Form Setter -Helper
Laborer -General
Laborer -Utility
Mechanic
Mechanic -Helper
Power Equipment Operators
Asphalt Paving Machine
Bulldozer
Concrete Paving Machine
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grader Operator
Roller
Scraper
Tractor
Truck Driver -Light
Truck Driver -Heavy
Hot& Rate
6.00
5.50
7:35
5.75
10.50
5.50
6.50
5.50
5.50
6.25
7.25
5.50
7.00
7.00
7.00
6.50
7.00
6.50
8.50
6.00
6.50
6.50
6.00
6.50
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EXHIBIT C
`y Prevailing Wage Rates
Overtime Rate
1
The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate.
EXHIBIT D
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is 1 1/2 times base rate.
SPECIFICATIONS
I"
69th & Slide Project
Parks & Recreation Department
City of Lubbock, Texas
SECTION 01
SL v%IARY OF WORK
I. General
A. Scope of Project
1. The Contractor shall supply all supervision, perform all work, furnish all
labor, tools, materials, equipment, and incidentals necessary to fully and
properly perform all work as shown on the plans and described in the
specifications. All construction and other work shall be completed in
accordance with all governing codes and ordinances, with the best
engineering and construction practices, including material mfrs.
recommendations for installation and workmanship, for the skill or trade
involved.
2. We request that your proposal be made in conformance with the
guidelines contained in the specifications and on all plans. The contract
will be awarded to the company with the proposal determined to be the
most advantageous to the City of Lubbock.
B. Work Included:
1. Section 02 - Product Substitution
2. Section 03 - Earthwork & Grading
3. Section 04 - Plant Material
4. Section 05 - Irrigation
C. Additional Information
1. All information under General Instructions To Bidder, General
Conditions of Agreement, and Special Conditions apply to this section.
2. The Bidder shall be prepared to send owner a price breakdown of any
and/or all items on which he has bid. Price breakdowns will only be
requested after the bid opening has taken place.
3. These plans and specifications were prepared by the Parks Department
(which shall be called Owner). The Owner shall verify all construction
stakes for locations of elements at project sites, and give the owner 48
hours to approve the staking before construction can begin.
D. Quality Assurance
1. Contractor's on Site Responsibilities
a. The Contractor shall take all precautions necessary to protect all
existing sidewalks, buildings, vehicles, utilities, etc., in the area
where the work is being done or that may be located adjacent to or
in -route across City property to the job site. The Contractor shall
rebuild, restore, and make good at his own expense, all injury and
damage to same which may result from work being carried out
under this contract.
b. The Contractor shall not park or drive any vehicles or equipment
beneath the drip line of on -site trees and shrubs. The Contractor and
employees shall not park on unsurfaced park property and shall not
drive vehicles across City land unless it is directly necessary to
deliver materials to the job site.
c. The Contractor shall take all necessary precautions to ensure the
safety of any pedestrians during the demolition, construction and
clean-up operations. The Contractor shall maintain and keep in
good repair the work intended under these Plans and Specifications
and shall perform all necessary repair, construction, and renewal to
the date of acceptance by the Owner.
d. Any utility and irrigation lines shown on plans are for design and
construction information only. The depths of utility lines are not
guaranteed. All underground lines are referenced from known
surface structures. It is not implied that all existing public utility
lines are shown on plan. The Contractor's attention is directed to the
fact that other underground utility lines may exist of which the
Owner is not aware. The Owner does not assume any responsibility
for any public utilities that are not shown on plans. It is the
Contractor's obligation to locate and familiarize himself with all
utilities and to provide for their safety. Damage to utilities will be
repaired at Contractor's Expense.
e. The Contractor shall be responsible for the protection of unfinished
work. The Contractor shall, at his own expense, furnish and erect
such barricades, fences, lights, and danger signals, and shall take
such other precautionary measures for the protection of persons,
property and the work as may be necessary.
f. The Contractor shall be responsible for all damage to work due to
the failure of barricades, signs, and lights to protect it, and when
damage is incurred, the damaged portion shall be immediately
removed and replaced by the contractor at his own expense. The
contractor's responsibility for maintenance of barricades, signs, and
lights shall not cease until the date of issuance to Contractor of
City's certificate of acceptance of the project.
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g. The Contractor shall be responsible for removal, hauling, and
disposal of all debris and unusable material from proposed
construction area and designated sites as shown on plans and in
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specifications. The Owner shall retain the right to any existing
materials deemed to have value.
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h. The Contractor shall be responsible for inspection of site, to verify
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all complete all work as described in the specifications and shown on
plans.
i. The Contractor shall furnish and supply all supervision, equipment,
and labor necessary to perform excavation, grading, backfill,
compaction, and stock piling of material as specified herein and on
the plans.
2. Product Delivery, Storage, and Handling
a Protect all materials from inclement weather: wet, damp, extreme
heat, or cold, theft, damage, or vandalism.
b. All manufacturer's labels, installation instructions, and shop
drawings shall be in included for each item ordered.
3. Equipment Check
a. The Contractor shall, one week after installation of equipment,
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check that all parts are secure and are in good working condition.
4. Clean-up
a. Demolition debris shall be removed from the site prior to
commencement of construction work
b. Within three days after completion of the site, the Contractor shall
clean, remove rubbish and temporary structures from the site. He
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shall restore adequately all property, to its original integrity both
public and private, which has been damaged during the execution of
work, and leave the entire site of the work in a neat and presentable
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condition. The cost of the "cleanup" shall be included as a part of
the cost of the various items of work involved, and no direct
compensation will be made for this work. This work shall be done
before final acceptance by the owner will be considered.
c. The Contractor shall clean up and haul off all construction debris,
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including excavated rock material. The area shall be graded back
into existing grade smoothly.
d. All spare parts or other pieces of equipment shall be turned over to
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the Owner following completion of the project.
5. Warranty
a. The Contractor shall guarantee all labor, workmanship, and
materials supplied by the Contractor for a period of one (1) year
from date of acceptance.
b. Repairs made necessary due to faulty workmanship shall be made
promptly by the Contractor at the Contractor's expense.
End-of-Section
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SECTION 02
PRODUCT SUBSTITUTION
I. General
A Work Included:
1. Section 01 - Summary of work
2. Section 03 - Earthwork & Grading
3. Section 04 - Concrete work
4. Section 05 - Plant Material
5. Section 06 - Irrigation
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H. Substitutions
A. Conditions for substitutions ("OR EQUAL")
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In the event that the clause "OR EQUAL" is used in the specifications
pertaining to materials, the Bidder desiring to make substitutions for
specified equipment shall submit the following:
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a. Product identification, including manufacture's name, address, and
product literature.
b. Product description.
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c. Product performance and test date.
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d. Reference standards.
e. Manufacturer instructions for maintenance and repairs.
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2.
Request for substitution should be included with the overall bid and will
be considered before contract is awarded.
3.
After the contract is awarded, no substitutions will be considered. It
will be the Bidder/Contractor's responsibility to assure the availability of
specified product or substitution before the bid date.
4.
The Bidder shall provide the same guarantee for substitution as for
product or method specified.
5.
The Bidder shall coordinate installation of accepted substitution into
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work, making such changes as may be required for work to be complete
in all aspects.
6. The Bidder shall waive all claims for additional costs related to
substitution that consequently becomes apparent.
7. The Bidder shall be prepared to send the Owner a price breakdown of
any and/or all items on which he has bid. Price breakdowns will only be
requested after the bid opening has taken place.
B. Substitutions will not be considered if:
1. They are indicated or implied on shop drawings or project data
submittals without being formally described in detail as to their
differences from what was originally specified.
2. Acceptance will require substantial revision of the original layout of the
project.
End -of -Section
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SECTION 03
EARTHWORK AND GRADING
I. General
A. Scope of Project:
1. The Contractor shall furnish all topsoil, labor, material, tools,
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equipment, supervision, and incidentals necessary for a proper and
complete installation as required to perform excavation, grading,
backfill, compaction, and stock piling of material as specified herein and
on the plans.
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B. Related Work Specified Elsewhere:
1. Section 01 - Summary of work
2. Section 02 - Product Substitution
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3. Section 04 - Concrete work
4. Section 05 - Plant Material
5. Section 06 - Irrigation
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C. Additional Information:
1 . All information under GENERAL CONDITIONS OF AGREEMENT,
GENERAL INSTRUCTION TO BIDDER, and SPECIAL
CONDITIONS, apply to this section.
2. The bid amount shall be total cost for work mentioned in the scope of
work.
II. Products
A Material -Site Fill:
1. Fill material shall be free from trash, lumber, debris, roots over 1"
diameter, matted roots, rocks over 1 1/2" in diameter, highly plastic
soils or other deleterious materials.
B. Material - Top Soil:
1. Fill material, if necessary, shall be provided by the Contractor.
2. Natural, fertile, friable soils possessing characteristics of soils in the
vicinity which produce heavy growth of crops, grass or other
vegetation.
3. Topsoil shall be free of subsoil, brush, organic litter, objectionable
r weeds, clods, shale, stones 3/4" dimension or larger, stumps,
roots, or other materials harmful to grading, planting, plant growth,
,•- or maintenance operations.
III. Execution
A Protection:
1. Carefully maintain bench marks, layout stakes, and reference points.
2. Protect property, including adjoining property and public right-of-way,
from damage by trucks and equipment.
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3. Protect active utilities to be retained on site, whether shown on
drawing or uncovered during excavation operations. If damaged,
repair at the Contractor's expense.
4. Keep excavations free of water.
B. Site Preparation: (If applicable)
1. Strip existing top soil from areas affected. Stockpile on site for re -use.
2. The Contractor shall be responsible for removing unusable material from
site.
3. All unstable or otherwise objectionable material shall be removed from the
subgrade and replaced with approved material.
4. Burning and blasting on site shall not be permitted.
C. Excavation: (If applicable)
1. Excavate to bring areas to grade and subgrades indicated.
2. Stockpile all excavated material on site; exact location to be approved by
the Owner.
3. The Contractor is to separate top soil and subsoil into two (2) piles.
4. Remove underground obstructions, where rock is encountered at subgrade, --
under cut minimum of 15" below and backfill with approved fill.
D. Fill and Backfill: (If applicable)
1. Placing: Place material in loose, even successive lifts not to exceed the —
following depths:
a. Fill below concrete slabs: Max. 8" high lifts to overall compacted depth
as indicated on drawings. —
b. Site fill and backfill: Max. 12" high lifts.
2. Compaction: Thoroughly an evenly compact each lift to the following
densities:
a. Fill below concrete slabs: Not less than 95% standard density to at least
four (4) feet outside of slab.
b. Site fill: Not less than 90% standard density.
3. Moisture control: When moisture must be added prior to compaction,
uniformly apply water to surface, but do not flood. Free water shall not
appear on surface during or after compaction operations. Remove and
replace, or scarify air-dry too wet to allow proper compaction.
E. Grading: (If applicable) _
1. Uniformly grade areas, including adjacent transition areas to smooth surface
at required grades and elevations. Adjust contours to eliminate water
pending, and provide positive drainage.
2. Finish grades adjacent to pavement: Cut or fill so that soil areas adjacent
to concrete are 1 1/2" below new or existing concrete. Slope soil smoothly
back to adjacent grade as shown on plans. —
3. Preliminary grading: Should allow for a minimum of 4" topsoil to be
placed in all areas, which topsoil is needed to achieve a final desired grade.
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F. Finish Grading: (If applicable)
1. Fine grade areas to achieve final contours acceptable to the Owner.
2. Provide uniform rounding at top and bottom of slopes and other breaks in
grade. Correct irregularities and areas where water will stand.
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3. Topsoil:
a. Uniformly distribute topsoil to required grades, feather back to where
grades remain unchanged.
b. Place and compact topsoil in manner conducive to the growth and
maintenance of plant material.
c. Degree of finish shall be that ordinarily obtainable with blade or scraper
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operations. Remove rubbish, vegetation, and rocks over 3/4" diameter.
Leave areas smooth and suitable for establishment of lawns and planting.
Correct irregularities and areas where water will stand.
G. Maintenance: (If applicable)
1. Before final acceptance, protect newly graded areas from traffic,
construction, weather damage, washing, erosion and rutting, and repair
such damage that occurs.
2. Correct settlement below established grades to prevent ponding of water.
3. All excess material and waste to be removed from site, and work to be left
in clean, finished conditions.
H. Final Acceptance:
1. The site shall be thoroughly inspected by the Owner prior to final acceptance.
2. Any areas needing further grading or other attention shall be completed
to the Owner's satisfaction.
IV. SPECIFICATIONS FOR SUBSOIL PREPARATION (Where topsoil shall be
added. This specification applies where additional topsoil shall be placed over
existing soil.)
A. General:
` 1. The Contractor shall furnish all topsoil, labor, material, tools, equipment,
�.. supervision, and incidentals necessary for a proper and complete installation
required to complete the work described herein in strict accordance with the
drawings and/or terms of the contract.
•-� B. Grading:
1. ,Grades on the areas to be topsoiled which have been previously established
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in conformance with the drawings and/or other applicable specifications
T^ shall be maintained in a true and even grade.
C. Tilling:
1. After the areas to be topsoiled have been brought to grade, compacted
1•` where necessary and immediately prior to dumping and spreading the
topsoil, the subgrade shall be loosened by disking or by scarifying to a
depth of at least two inches to permit bonding of the topsoil to the subsoil.
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D. Acceptance:
1. Acceptance shall be given by the owner upon satisfactory completion of
each section or area as indicated on the drawings or as otherwise specified.
V. SPECIFICATIONS FOR TOPSOIL MATERIAL AND APPLICATION
Note: (Topsoil on the existing site may often be used, but it should meet
the same standards as set forth in these specifications.)
A. General: (If applicable) _
1. The Contractor shall furnish all topsoil, labor, material, tools, equipment,
supervision, and incidentals necessary for a proper and complete installation
required to complete the work described herein in strict accordance with the
drawings and/or terms of the contract.
B. Materials: (If applicable)
1. Topsoil shall be a loamy sand, sandy loam, clay loam, loam, silt loam, sandy --
clay loam or other soil approved by the architect. It shall not have a
moisture of subsoil and contain no slag, cinders, stones, lumps of soil,
sticks, roots, trash, or other extraneous materials larger than 3/4.inches in
diameter. Topsoil shall be free of viable plants or plant parts of common
Bermuda grass, quackgrass, johnsongrass, nutsedge, poison ivy, Canada
thistle, or others as specified. All topsoil shall be tested by a reputable
laboratory of pH and soluble salts. If not, the Contractor shall assume full
responsibility for any loss or damage to trees or turfgrass arising form pH
and/or soluble salt problems. _
C. Grading: (If applicable)
1. The topsoil shall be uniformly distributed on the designated area and
shall be a minimum of four inches, six inches preferred, after;firming.
Additionally, some incorporation with subgrade is necessary to form a
transition zone between the surface material and the subgrade. Grading
shall result in a smooth surface. The surface shall be rolled to remove air
pockets and provide a firm base for the sod. Any irregularities in the surface
resulting from topsoiling or other operations shall be corrected in order to
prevent the formation of depressions of water pockets. Topsoil shall not be
placed while in a frozen or muddy condition, when the subgrade is
excessively wet, or in a condition that may otherwise be detrimental to
proper grading, or proposed for turfgrass sod installation.
D. Clean Up: (If applicable)
1. After the topsoil has been spread and the final grades approved, it shall be —
cleared of all grade stakes, surface trash and other objects. Paved areas over
which hauling operations are conducted shall be kept clean, and any soil
which may be brought upon the surfacing shall be promptly removed. The
wheels of all vehicles shall be kept clean to avoid tracking soil on the
surfacing of roads, walks or other paved areas.
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VI. FINAL SOIL PREPARATION
Note: (Specifications given in this section apply both to areas where topsoil
has been added and to areas where soil from the existing is used.)
A General:
r,.R 1. The contractor shall furnish all topsoil, labor, material, tools, equipment,
supervision, and incidentals necessary for a proper and complete installation
required to complete the work described herein in strict accordance with the
�.., drawings and/or terms of the contract.
B. Materials: (If applicable)
1. (Non applicable) Soil tests shall be made to determine the exact
r•• requirements for any amendments. Soil tests shall be conducted by a
reputable laboratory.
a. Final Grading: Any undulations or irregularities in the surface resulting
from tilling or other causes shall be smoothed otherwise, shall be
reconstructed and all grades re-established by the Contractor in
accordance with the drawings and/or other applicable specifications.
C. Clean Up: (If applicable)
1. The surface shall be cleared, to a depth of four inches, of all trash, debris,
stones larger than 3/4 inches in diameter, and of all roots, brush, wire, grade
'" stakes and other objects.
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t D. Acceptance:
1. Acceptance shall be given by the owner upon satisfactory completion of
each area as indicated on the drawings or as otherwise specified.
End -of -Section
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SECTION 04
PLANT MATERIALS
I. General
A. Scope of Project
1. The Contractor shall supply all supervision, perform all work, furnish all
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labor, tools, materials, equipment, and incidentals necessary to fully and
properly perform all work listed, and as described in the plans and
rspecifications.
All construction and other work shall be completed in
accordance with all governing codes and ordinances, with the best
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engineering and construction practices, including material mfrs.
recommendations for installation and workmanship, for the skill or trade
involved.
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B. Related work as specified elsewhere:
1. Section 01 - Summary of work
2. Section 02 - Product Substitution
3. Section 03 - Earthwork & Grading
4. Section 05 - Irrigation
C. Additional Information
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1. All information under GENERAL INSTRUCTIONS TO BIDDER,
CONDITIONS OF AGREEMENT, and SPECIAL CONDITIONS
apply to this section.
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2. The bid amount shall be for the total cost for work mentioned in the
scope of work.
II. Quality Assurance
A. Qualifications of Bidder
1. The Bidder is to have a minimum of 3 years experience on projects of
similar characteristics and size.
2. The Bidder is to furnish, at the Owner's request, references of work for
determination of ability of the Bidder to perform work.
3. The Bidder to inspect site to become familiar with site conditions prior
to bid. Failure to do so will not relieve the Bidder of performing work
as required in the specifications at no expense to the Owner.
4. The Bidder is to provide a specific construction date at the time bid is
received by the Owner. The Owner understands the time element
involved for the ordering and delivery of plant material by the Bidder. A
reasonable amount of time will be allowed and determined at Owner's
discretion. Failure to provide delivery date of plant material will provide
grounds for rejection of bid.
B.:Quality of Plant Material
1. All plant material shall conform to ANSI 260.1973(R1980).
2. Plant material shall be true to botanical and common name variety as
specified.
3. Plant material to be sound, healthy and vigorous, well branched and
densely foliated (when in leaf), and have healthy, unbroken, well _
developed root systems.
4. Plant material shall be free from disease, insects, and defects such as
knots, sun scald, windburn, injuries, abrasions, or disfigurement. _
5. All trees shall have straight trunks, unless specified otherwise, and
canopy branches to begin no lower than four (4) feet in height
(evergreen conifers are excluded).
6. All plants shall be container grown and shall have a compact root
system, or specified on plans. Plants collected from the wild or balled
and potted plants are not acceptable.
7. Minimum Root Zone Dimensions:
Shade/Deciduous ConiferBroadleafed Evergreen Trees:
1 1/2" caliper - 15 gal. container
2" caliper - 30 gal. container
2 1/2" caliper - 65 gal. container
3" caliper - 100 gala container
8. Container grown material shall fill the specified container, but shall
show no evidence of being or having been root bound.
C. Measurement of Trees
1. Trees shall be measured in units of average height in feet and by average
caliper.
2. Trees below four (4) inches caliper to be measured six (6) inches above
ground level. If caliper is greater than four (4) inches, measurements to
be taken twelve (12) inches above ground level.
III. Product Deliver, Storage, and Handling
A Delivery �-
1. Deliver all materials to site in original unopened containers bearing
manufacturer's name, trade name, trademark, in conformance to state law.
2. Protect all material during delivery to prevent damage to foliage.
3. Notify Owner of Delivery Schedule in advance so plant material may be
inspected upon arrival at job site.
4. Deliver plants to job site only when planting areas are prepared.
5. All plants delivered to site are to be planted, staked, and receive initial
watering on the same day of delivery.
B. Storage
1. Protect all roots of plant material from drying or other possible injury.
2. Take necessary precautions to protect material in adverse weather.
3. Maintain and protect materials not to be planted immediately upon --
delivery. The Contractor shall be responsible for damage to all materials
which are not planted immediately.
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C. Handling
1. Do not drop plants.
2. Do not damage trunk or crown of specified material.
3. Plants shall not be picked up or moved by the branches, stems, or
foliage, but shall be lifted by the container only.
4. Any material damaged in ways described in this section will be replaced
by the Contractor.
IV. Project Materials
A Plant Material
1. Refer to U.B. - Quality of Plant Material. Refer to plan for listings.
B. Backfill Material
1. Top soil shall be considered soil dug from hole, free of rocks of 1"
diameter or larger and mixed with water Retention Soil Additive (see V.
1. Planting Mixture Ratio).
C. Material - Top Soil:
1. Fill material, if necessary, shall be provided by the Contractor.
2. Natural, fertile, friable soils possessing characteristics of soils in the
vicinity that produce heavy growth of crops, grass or other
vegetation.
3. Topsoil shall be free of subsoil, brush, organic litter, objectionable
weeds, clods, shale, stones 1 1/2" dimension or larger, stumps, roots, or
other materials harmful to grading, planting, plant growth, or
maintenance operations.
D. Mulching Material
1. Mulch shall be 3" min. thickness shredded cypress chips.
2. Chips shall be processed through a 2 3/4" to 3" size screen. No material
shall be larger than 1/4" X 1/4" X 4".
E. Water
1. Water available on site.
2. The Contractor is to furnish hoses, if necessary, to transport water.
F. Tree Stakes
1. 8' Metal `T' Stakes shall be used.
2. Stakes shall be painted dark green with paint intended for outdoor use.
V. Mixes
A. Planting Mixture Ratio - Container Material
1. Water Retention Additives shall not be used.
r' VI. Execution
A Protection:
1. Carefully maintain bench marks, layout stakes, and other reference points.
2. Protect property, including adjoining property and public right-of-way,
from damage by trucks and equipment.
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3. Protect active utilities to be retained on site, whether shown on drawing
or uncovered during excavation operations. If damaged, repair at the
Contractor's expense.
4. Keep excavations free of water.
B. Finish Grading:
1. Fine grade areas to achieve final contours acceptable to the Owner.
2. Provide uniform roundings at top and bottom of slopes and other breaks
in grade. Correct irregularities and areas where water will stand.
C. Grass Seeding
1. Buffalo Grass - Hulled (Buchloe Dactyloides)
a. Quantity: 6 lbs PLS / 1000 sq./ft.
b. Application: Split seed or drill applied.
2. Contractor not required for turf establishment.
D. Site Conditions
1. Site to be inspected regularly to determine continuation of work due to
bad weather. Constructionwill be stopped temporarily, if necessary, by
agreement between the Owner and the Contractor to ensure the best
installation possible.
E. Field Measurements
1. Preliminary location of trees to be staked by the Contractor at project
site according to planting plan. The Contractor shall notify Owner for
approval of staking (36) hours before planting process begins. The
Owner will adjust plant material locations if necessary.
2. Planting shall begin only after plant staking is approved by owner.
F. Excavation for Planting
11. Shape of Pits
a. Vertical scarified sides and flat bottom.
b. Circumference of plant pits to be circular with bottom of hole to be
as shown on planting detail.
2. Size for Trees
a. Two (2) foot wider and six (6) inches deeper than container.
G. Obstructions Below Ground
1, Remove rock or underground obstructions to depth necessary to permit
planting.
2. If underground obstructions cannot be removed, notify the Owner for
new instructions.
3. Avoid damaging underground utility lines. See General Instructions to
the Bidders.
4. Repair damage to existing irrigation system (if applicable) at no expense
to the Owner.
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VII. Planting
A Container Grown Material (for individual plantings)
1. Dig pits two (2) feet wider and six (6) inches deeper than the container.
Loosen the soil in the pit bottom, removing rocks, compacted soil, and
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2. Fill lower third of pit with soil mixture up to the height that will bring the
top of the container soil even with the existing soil.
�- 3. Place plant into the pit and backfill with soil mixture.
4. Water to allow soil to sink in around roots. Push plant and soil around roots
to remove air pockets and to keep plant straight.
r` 5. Level plant saucer on new plants so that water can be evenly distributed
drip emitter within the saucer area. See planting detail for size.
B. Mulching
r" 1. Add a 3" specified bark mulch topping on new plant saucers.
2. Add a 3" specified bark mulch topping on existing plant saucers.
C. Pruning
1. Prune minimum necessary to remove injured twigs, branches,
deadwood, and suckers.
D. Staking
1. Stake all new trees being replaced or added.
2. See specified method on planting detail sheet.
ViII. Cleanup
A Remove all planting debris such as excess soil, trash, and other material from the
project site.
` IX. Warranty
�., A. The Contractor shall guarantee all trees, and shrub material fro a period of 1 year
beginning at substantial completion date established by the Owner. All defective or
dead plant material shall be replaced by the Contractor, as well as all labor necessary
�... to install new material, and shall be at the Contractor's expense. The Contractor
shall notify the Owner at such time for inspection and final inspection.
End of Section
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SECTION 05
IRRIGATION
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I. General
A. Work Included:
1. Section 01 -Summary of Work
2. Section 02 - Product Substitution
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3. Section 03 - Earthwork & Grading
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4. Section 04 - Plant Material
B. Qualifications of Bidder -Licensing
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1. The Bidder shall supply the name and license number of the licensed
irrigator who is responsible for the project with the bid submittal. The
irrigation installer shall be licensed in the state of Texas or from where
the Contractor is based. Out of state licensing shall only be acceptable if
the licensing state shares reciprocity with Texas. A licensed irrigator or
installer shall be on the job site at all tunes when irrigation work is in
progress.
2. The Owner reserves the right to reject any bid if bidder is not qualified
based on the above given criteria.
C. Codes and Standards
1. The Bidder is to conform to all local, state, and federal codes and
ordinances.
D. Discrepancies
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1. It is the intent of this contract that all work must be done and all
material must be furnished in accordance with the generally accepted
practice of the area. In the event of any discrepancies between the plans
and specifications or doubts as to the meaning and intent of any portion
of the contract, the Owner shall define what is intended to apply to the
work.
II. Site Conditions
A. Examination of Sites
1. Bidder shall visit the project site and compare drawings and
specifications to the actual site. Failure to do so will in no way relieve
the successful Bidder from the responsibility of completing the project in
accordance to project specifications at additional cost to the Owner.
B. Utilities
1. The Contractor's attention is directed to the fact that other underground
utility lines may exist of which the owner is not aware. It is the
Contractor's obligation to locate and familiarize himself with all utilities
and to provide for their safety. Damage to utilities will be repaired at
the Contractor's expense.
2. Water Supply - The Contractor is responsible for hook-up from system
to 3/4" meter.
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III. Field Quality Control
A. Responsibility of Materials
1. The Contractor shall be responsible for all materials furnished by the Contractor
and shall replace at his own expense all material found to be defective in
manufacture or if it has become damaged in handling after shipment.
B. Responsibility of Property
1. The Contractor shall be responsible for the protection and preservation
of all plant material, monuments, and structures during installation. Any
damage shall be repaired or replaced by the Contractor, at the Contractor's
own expense, to the satisfaction of the Owner.
2. All trenching or any excavation is to be no less than six (6) feet from the
trunk of any plant material. If questions arise, the Contractor shall
contact the Owner for clarification.
C. Barricades and Protective Measures
I . The Contractor shall be responsible for the protection of unfinished
work. The Contractor shall, at his own expense, furnish and erect such
barricades, fences, lights, and danger signals. He shall also take such
other precautionary measures for the protection of persons, property,
and the work as may be necessary.
2. The Contractor will be held responsible for all damage to the work due
to failure of barricades, signs, and lights to protect it. When damage is
incurred, the damaged portion shall be immediately removed and
replaced by the Contractor at his own cost and expense. The
Contractor's responsibility for maintenance of barricades, signs, and
lights shall not cease until the date of issuance to Contractor of City's
certificate of acceptance of the project.
IV. Submittals
A. Shop Drawings
1. Contractor shall submit shop drawings to owner before any irrigation
installation are to begin. Shop drawing to include complete layout and
detail drawings illustrating the location and type of all heads, valves,
piping circuits, controls, and accessories.
B. Maintenance Materials
At the completion of the job, the Contractor shall furnish spare parts,
special tools, and equipment required to operate and maintain the
system.
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C. Maintenance Data
1. The Contractor shall furnish two (2) copies of parts list and repair
manuals for controllers, valves, and heads.
t D. Project Record Document
r., 1. The Contractor shall prepare an "as -built" plan of system after final
check. Work to be done on vellum paper with legend describing
` symbols for equipment (check with owner for 3.5" diskette option).
�.., "As -built" plans shall be accurate. Inaccurate plans will not be
accepted. Final payment will not be made until "as -built" plan is
submitted to the Park Development staff.
V. Products
A. Performance of Specified Material
1. All specifications given for materials are based on the performance of
the equipment. This is to assure the integrity and proper hydraulics for
which the system is designed. If bid material does not conform to given
performance specifications, the bid will be rejected by the Owner based
on grounds that proper function of system could not be maintained by
using equipment that does not meet the performance specifications
required.
2. All material to be new, unused, and current.
3. All material must be a standard product of a manufacturer.
4. The Contractor shall provide performance records to verify equipment
capabilities.
B. Materials
1. PVC Pipe
a. All polyvinyl chloride pipe shall be class 200, SDR 21 un-plasticized
polyvinyl chloride, Type I, Grade I.
2. Poly Line
a. All poly line shall be Agricultural Products, Inc. 3/4" polyethylene,
OD = .710, ID = .610, and be made from low density.
3. Fittings
a. All pipe must have manufacturer's markings clearly printed on them
during installation.
b. All class 200 pipe must conform to ASTM. D-2241.
c All lateral piping four (4) inches and under shall be solvent weld.
d. All fittings are to be pressure rated for 200 PSI maximum working
pressure.
e. Gaskets shall be designed for pressure and vacuum with maximum
deflection (ASTM F-477).
f. PVC Fittings
1) Schedule 40 fittings must conform to ASTM D-2466.
2) Schedule 80 fittings must conform to ASTM D-2464.
g. Three (3) X Four (4) Male adapters shall not be used.
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4. Swing Joints
a. Nipples: Schedule 80 with molded threads on both ends, unless
specified otherwise in construction detail.
B. Elbows: (90 degree) Schedule 40 FIPT X FIPT.
C Pre -fabricated swing joints are not acceptable.
D. Lateral line fittings: Schedule 40.
5. Valves
a. Manual Control Gate Valve
1) All gate valves shall be flanged (2"), have a resilient seat, iron
body, bronze mounted throughout and shall meet all
requirements of AWWAC 509. All valves shall open by turning
to the left, and unless otherwise specified shall have non -rising
stem when buried and outside screw and yoke when exposed.
Gate valves shall be furnished with a two-inch operating nut
when valves are buried and shall be furnished with hand wheels
when exposed. Gate valves shall be furnished with O-ring stem
packing.
2) Quick Coupler Valves
a) Rainbird 44Rc or approved equal
b) Single lug, 2 piece body, heavy cast bronze.
c) Vinyl with lock cover.
d) The Contractor shall supply the Owner with three (3) valve
keys.
e) Installed with min. 10" diameter concrete doughnut. (For 1"
valves) Donuts shall be installed flush with finished ground
level and shall not shift when walked upon.
3). Double check with double ball valves (back flow prevention).
a) Wilkins 3/4" or "approved equal." (The City of Lubbock
will accept the Watts Series 007M2QT as an approved
equal).
b) Two independently operated spring -loaded, center stem pop
up type check valves.
c) Two ball valves - screw type
d) The main case shall be epoxy coated internally 10-20 mils
and prime coated externally and consist of four test cocks
which provide for in -line testing and maintenance.
e) Stainless steel springs and corrosion resistant materials shall
be used through -out.
fj The Check valve is to be accessible from top of device
without removing check valve body from line
g) Install Double Check Valves with unions of appropriate size
before and after valve.
h) The valve is to be placed on the threshold nipple a min. of
12" in length.
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6. Valve Boxes
a.
Valve Box (Brooks model 1419 or approved equal).
1) Supplied by the Contractor
2) To be installed by the Contractor
3) Minimum dimensions: 15" x 21" x 12" deep, molded plastic.
Extensions shall be used as necessary to bring valve box to grade
and shall be compatible with box to achieve depth required (no
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bricks shall be used).
4) Bolt -in green lid with cover lift holes (rectangular, lid shall have
snap lock tab closure).
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b.
Double Check Valve Box (Brooks model 1730 or approved equal).
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1) Supplied by Contractor
2) To be installed by the Contractor
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3) M'mimum dimensions: 24" x 3T' x 18" deep, molded plastic
Extensions shall be used as necessary to bring valve box to grade
and shall be compatible with box to achieve depth required (no
bricks shall be used).
4) Bolt -in green lid with cover lift holes (rectangular, lid shall have
snap lock tab closure).
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7. Emitters:
a.
Tubing
1) Agricultural Products, Inc.
2) 1/4" inside diameter polyethylene tubing
3) All tubing shall be installed with barbed or compression fittings.
b.
Tubing Fittings
Compression tubing fittings
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1) 1/4" ID Tee - Agricultural Products 710 OT
2) 1/4" ID Connector- Agricultural Products 710 CC/RCC
3) 1/4" ID Hose Closure - Agricultural Products, Inc. 700-AP8
c.
Drip Emitter Heads
1) Hardie Turbo -Key SC #DPJ08, 2GPH
d.
Pressure Regulator
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1) Watts #PTPR 10, 10 PSI. closed.
8. Emitter Heads
a.
All emitter heads to be installed as shown on plans.
b.
All emitter heads to be installed on 1/4" tubing as indicated on plans.
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c.
Install emitter heads so that top of head is above the ground level
and below the mulch layer.
d.
Emitter heads shall be located nearest to the center of tree saucer
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where shown.
e.
Emitter heads shall be installed so that entire tree saucer area is
evenly watered.
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9. Screen Filter
a. Shall be Agricultural Products, Inc. 4E-1" or approved equal
b. Spin clean screen filter
c. All stainless steel screen 150 Mesh Size
10. Miscellaneous Equipment
a. Solvent Cementing
1) Primer- Weld -On P-68 Purple Colored Only (All pipe and
fittings)
2) Solvent- 1/2" then 1.1/2" Weld -On #705; 2" three-10" Weld -On
#717.
3) Manufactures Recommendations shall be followed at all times.
4) Thrust Blocks. Concrete "ready -mix" - 3,000 PSI. in 28 days
with 3 number 3 rebar installed. To be placed at all angles and
terminal ends of 21/2" or greater pipe. To be placed at all
angles (90's, 45's, tees) and at terminal ends of pipe. (Refer to
Thrust Block Detail) Thrust Blocks must be installed against the
pipe and extend to an undisturbed vertical wall of the trench.
VI. Execution
A. Handling of Materials
1. The Contractor shall exercise care in handling, loading, and unloading of
all equipment. All PVC pipe, fittings, and other equipment shall be
adequately covered and protected from the elements. Pipe and fittings
also shall be transported in such a fashion as to be protected from
excessive bending and from external, concentrated load at any point.
B. Trenching
1. To have straight, flat bottoms and of sufficient depth for sprinkler head
and operable swing joint
2. Trench Size:
a. Minimum width: 6 inches
b. Minimum cover over installed supply piping: 12 inches
c. Minimum cover over installed emitter lines: 6 inches
3. Pipe pulling is not acceptable.
4. All trenches and adjoining areas shall be hand raked to leave the grade in
as good or better condition than before construction started.
5. All settling and low areas that occur within the first twelve (12) months
shall be the responsibility of the Contractor to fill and level.
6. Trench to accommodate grade changes.
7. Maintain trenches free of debris, material, or obstructions that may
damage pipe.
8. Where rock or other undesirable materials are encountered trenches are
to be over excavated by 3 inches to allow for a 3" layer of finely graded
sand under all piping. After the piping is installed, finely graded sand
shall be placed around the piping up to a point 3" above the piping.
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9. All trenches shall to be inspected and approved by Owner before
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covering.
10. Trench digging machinery may be used to make trench excavation
except in places where operation of same would cause damage to
existing structures either above or below ground; in such instances,
hand methods shall be employed.
11. The Contractor shall locate all existing underground lines, of which he
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has been advised whether or not they are shown on the drawings,
sufficiently in advance of the trenching to make whatever provision
necessary to prevent damage thereto. Extreme care shall be used to
7
prevent such damage and the Contractor shall be fully responsible for
damage to any such lines.
12. There will be no classification of, or extra payment for excavated
POI
materials and all materials encountered shall be excavated as required.
Adjacent structures shall be protected from damage by construction
equipment. All excavated material shall be piled in a manner that will not
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endanger the work or existing structures and which will cause the least
obstruction to roadways.
13. The Contractor will be required to locate all known utility lines far
+^
enough in advance of the trenching to make proper provision for
protecting the lines and to allow for any deviations that may be required
from the establishment lines and grades.
14. Excess trench excavation, not used for backfilling, shall be disposed of
by the Contractor, and at the Contractor's expense as directed by the
Owner.
15. All trenches and adjoining areas shall be hand raked to leave the grade in
as good or better condition than before construction.
16. All trench backfill shall be flooded to prevent settling to 95% Standard
Proctor Maximum Density. Tamping is required, at road crossings the
material shall be placed in 8-inch layers, moistened if necessary, and
thoroughly compacted with mechanical tampers from the bottom of the
finish density least
trench to the grade to a of at 95% of maximum
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density at optimum moisture as determined by ASTM D698.
17. It is understood that the piping layout is dynamic and piping shall be
routed in such a manner to achieve the intent of the plan.
C. Installation
1. Install pipe, valves, and outlets in accordance with manufacturer's
instructions.
2. Connect to utilities.
3. Set outlets and box covers at finish grade elevations. .
4. Provide for thermal movement of components in system.
5. Swing Joints
" a. Swing joints shall be of the same diameter as the inlet opening.
b. Swing joints for quick coupling valves shall be made up using
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galvanized pipe and fittings.
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6. After piping is installed, but before outlets are installed and backfilling
commences, open valves and flush system with full head of water.
7. Dissimilar Materials Piping Joints: Construct joints using adapters that
are compatible with both piping materials, outside diameters, and system
working pressure.
D. Laying of PVC Pipe
1. The pipe is to be snaked from side to side of trench bottom to allow for
expansion and contraction of the pipe.
2. All foreign matter is to be removed from inside of pipe prior to joining.
Keep clean during laying operations by means of plugs or other
approved methods.
3. All lumber, rubbish, and large rocks shall be removed from the trenches.
Pipe shall have firm, uniform bearing for the entire length of each pipe
line to prevent uneven settlement.
4. Do not lay pipe in water, or when trench or weather conditions are
unsuitable for work.
5. When work is not in progress, securely close open ends of pipe fittings
so that no trench water, earth, or other substance will enter pipes or
fittings.
6. Take up and relay any pipe that has the grade or joint disturbed after
laying.
7. Fittings at bends in the pipe line and at ends of lines shall be firmly
wedged against the vertical face of the trench, but not against rock.
8. Make joints in all screwed fittings by applying Teflon tape on male
threads. Use of Teflon dope is prohibited.
9. Where threaded PVC connections are required, use threaded PVC
adapters.
10. There shall be no less than nine (9) inches of pipe between any two
fittings, except for close nipples used in swing joints.
11. No cross tees or street ells are to be used at any time.
12.On cut pipe, all burrs to be removed, tees and pipe to be cleaned, and
primer and solvent applied as to standard application process.
13. After pipe has been solvent weld, do not apply water pressure for a time
less than that of the manufactures recommendation, considering current
weather conditions.
14. All pipe shall be installed so that manufacture's markings are facing in
the up position.
15. Excess PVC Solvent shall be removed from joints before drying to
prevent pipe weakening. Pipe connections made with excess solvent
will not be accepted.
16. Solvent welding will not be permitted if weather conditions prevent
joints from remaining free of dirt or moisture, while the joint is being
made. Also, if the temperature is below that specified by the pipe or
solvent mfg's. recommendations..
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17. The Owner must be given twenty-four (24) hour notice before the pipe
trenches are covered so that Owner's representative may be present for
inspection. After the pipe, system has been inspected and approved,
trenches may be closed.
18. All pipe shall have a one (1') foot minimum vertical separation from all
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utility lines in close proximity.
19. Thrust blocks to be used.
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E. Installation of Valves (gate, double check, and section valves).
1. Install all new valves on a level grade with the mainline. Valve boxes
shall extend a minimum of 3" below bottom of valve. Valve box
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extensions shall be used as necessary and shall be compatible with the
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valve box.
2. Install double check valves with PVC unions before and after the valve
�-
as shown on the detail.
3. PVC unions shall be used for all connections through the exit side of the
section valve.
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4. After installing valves and valve boxes, backfill holes with 3" min.
washed gavel 3/4" in size up to bottom of valve.
5. Quick coupler valve to be installed on swing joint. Top to be flush with
finish grade.
F. Flushing
1. The mainline and valves will be flushed after installation. Full working
pressure must be used to flush all lines. On a loop system the two
valves the greatest distance from the water source will be opened. On
any other configuration of mainline, the last valve on each mainline will
be opened for flushing. The Owner's representatives must be given
twenty-four (24) hours notice before flushing begins so they may be
present for inspections. After mainlines have been inspected and
flushed, the lateral lines may be installed.
2. The lateral lines will be flushed just prior to head installation. The
flushing procedure will consist of pointing all swing joints away from
ditch line to prevent contamination. Next, open the valve with full
working pressure and begin capping each swing joint with a threaded
cap, beginning with the swing joint closest to the valve and ending with
the swing joint the greatest distance from the valve. Twenty-four (24)
hour notice must be given to Owner's representatives for inspection.
3. Flush pipes until free of all rock, dirt, trash, pipe shavings, and debris.
G. Leakage Test
1. After pipe is laid, line to be pressurized and all air expelled from line at
highest point of each section.
2. Each line to be inspected for leaks. Any joints showing leaks shall be
repaired and any cracked or defective pipes or fittings shall be removed
and replaced with good material.
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H. Backfill
1. Trenches to be backfillled with the excavated earth from trench work.
All rocks and debris to be removed and no item larger than one (1) inch
diameter to be placed back in the trench. A warning tape is to be placed
approx. 6' above the top of the pipe or 2nd wire for the entire length of
the exposed area. Backfill is to be compacted and flooded to settle
trench. The Contractor shall add more backfill if needed to bring
trenches to existing grade.
I. Testing and inspection
1. Do not allow.any of the work in this section to be covered or enclosed
until it has been inspected, tested and approved by the Owner or
Owner's Representative.
2. Prior to backfilling the main line and with control valves in place but
before the lateral lines are connected, completely flush and test the main
line.
3. Fill the main line with water for a 24-hour period prior to testing.
4. Pressure test main lines with 100 psi for a period of 2 hours. Allowable
leakage shall be as determined by the formula listed in AWWA C600.
The Owner will witness and approve all tests. Notify the Owner at least
24 hours in advance of all testing.
5. Provide all testing equipment and personnel required to complete the
testing procedure. Repeat testing as required.
6. Flush, clean, adjust, and balance all systems.
7. Adjust heads for proper coverage.
8. Potable Water Lines: Hydrostatically test for 6 hours at 150 psi. There
shall be no leaks whatsoever.
9. Double Check Valves shall be tested and certified, and two (2) copies
shall be provided to the owner as required by local, state, and federal
codes and ordinances
VII.Inspection/ Acceptance
A Preliminary Inspection
1. When all initial installation is done and all incidentals necessary to the
proper function of the system is done, the Contractor shall request the
Owner to walk through system and visually check the operation of the
system. At this time the Owner and the Contractor will discuss repairs
that may need to take place.
B. Final Inspection
1. After preliminary inspection has taken place and all corrections and
repairs have been completed by the Contractor, the Contractor and the
Owner will again walk through system to check operation. This
- procedure will be repeated until system operates to the Owner
satisfaction. At this time the Owner will accept system from the
Contractor. An acceptance form will follow from the Owner to the
Contractor.
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VHI.Clean up and Adjusting
rThe
A. Removal of Site Debris.
Contractor shall:
1. Make final clean-up of all parts of work.
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2. Remove all construction material and equipment.
3. Prepare the site in an orderly and finished appearance.
4. Remove from site any rock or extra dirt that resulted from this and
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restore site to its original condition.
5. Flush dirt and debris from piping before installing sprinklers and other
devices.
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6. Adjust automatic control valves to provide flow rate of rated operating
pressure required for each sprinkler circuit.
7. The Contractor will be required to remove all construction debris from
the site. Final clean up by the Contractor must be acceptable to the
,
Owner.
IX.Commissioning
A. Starting Procedures
1. Follow manufacturer's written procedures. If no procedures are
prescribed by manufacturers, proceed as follows:
a. Verify that specialty valves and their accessories have been installed
correctly and operate correctly.
b. Verify that specified tests of piping are complete.
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c. Check that sprinklers and devices are correct type.
d. Check that any damaged emitters, valves and devices have been
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replaced with new materials.
e. Check that potable water supplies have correct type backflow
preventers.
f. Adjust operating controls.
2. Operational Testing: Perform operational testing after hydrostatic
testing is completed, backfill is in place, and emitters are adjusted to
final position.
B. Demonstration
1. Demonstrate to the Owner that system meets coverage requirements
and functions properly.
2. Demonstrate to the Owner's maintenance personnel operation of
equipment, sprinklers, specialties, and accessories. Review operating
and maintenance information.
3. Provide 7 days' written notice in advance of demonstration.
C. Guarantee.
The Contractor shall:
1. Make all needed repairs or replacements due to defective workmanship
or materials for exactly one (1) year following date of final acceptance.
2. Be responsible for all expenses necessary for repairs and replacement.
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3. Pay all expenses incurred if the Contractor fails to act upon a request
from the Owner for repairs to system. If the Contractor fails to do work
within ten (10) days after request has been made by the Owner, the
Owner will proceed with repairs and charge all expenses to the
Contractor.
4. Pay for expenses incurred to project due to vandalism prior to final
acceptance.
5. Owner shall pay for all expenses incurred due to vandalism after final
acceptance.
End -of -Section
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