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HomeMy WebLinkAboutResolution - 2002-R0560 - Contract For New Parks Construction - Hub City Pavers, Inc. - 12_19_2002Resolution No. 2002—RO560 December 19, 2002 Item No. 29 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 for the City of Lubbock new parks construction, by and between the City of Lubbock and Hub City Pavers, Inc. of Lubbock, Texas and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 19th day of December , 2002. MA/RC MCDOU4AL, MAYOR ATTEST: CIPP Rebecca Garza, City Secretary APPROVED AS TO CONTENT: ictor Kilman, Purchasing Manager APPROVED AS TO FORM: el f, A--!;sistantCity Attorney gs/ccdocs/Contract-Hub City Pavers.res Dec. 9, 2002 a /OA 405�� 19ESTRAR TEXAS Z T !/11 M PiE I CITY OF LUBBOCK SPECIFICATIONS FOR CITY OF LUBBOCK NEW PARKS CONSTRUCTION ITB #266-02/RS "A City Of Planned Progress" CITY OF LUBBOCK Lubbock, Texas M ITB #266-02/RS, Addendum #2 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http: / /purchasing.ci.lubbock.tx.us ADDENDUM #2 ITB # 266-02/RS City -of Lubbock New Parks Construction MAILED TO VENDOR: December 5, 2002 CLOSE DATE: December 9, 2002 @ 2:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. On plans, sheet L-36, IRRIGATION LEGEND, replace "CALASENSE" with "HUNTER ICC OR APPROVED EQUAL All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock,. Texas 79457 Questions may be faxed to (806) 775-2164 or Email to: rshuffield@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Ron Shuffield Senior Buyer ITB#266-02/RSAdd2 ITB #266-02/RS, Addendum #1 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http: / /purchasing. ci . lubbock. tx. us MAILED TO VENDOR: CLOSE DATE: ADDENDUM #9 ITB # 266-02/RS City of Lubbock New Parks Construction December 5, 2002 December 9, 2002 @ 2:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. In the Plans and Specifications, the bidder shall note that ALL project scope items associated with REAGAN PARK shall be deleted from the Bid Item #1, and placed as Option #3 (Grading, Dirtwork, Demolition and Concrete) and Option #4 (Irrigation System, Electrical Conduit and Final Grading) - Reagan Park. PLEASE SUBMIT REVISED BID SUBMITTAL FORM WITH YOUR BID. Clarifications: 1. Junction Boxes shall be placed where noted on the plans as "Future Light Pole Locations". 2. The Conduit for the future electrical work shalt be Schedule 40. 3. The size of the junction boxes is as noted in the specification package. 4. Final Grading required by the Irrigation Contractor means the compaction of all ditches, removal of all debris brought to the surface by trenching, and the mechanical or hand work (raking) necessary to leave the project site ready for the Owner to prepare for hydro mulching of grass. . 5. Alt park sites will have Flow Meters installed in them. 6. The estimate of Construction Cost is approximately $845,045. 7. Although noted in the existing drawing package, the Bidder shall note that each playground site will have an 8" deep by 6" wide keyed sub -surface concrete border in it. This is the separation between the sand pits and the safety surface material. It will not be visible. The total linear footage of this border element in the bid is as follows (per park site): Cooke- 211' Reagan- 128' Duran- 315' Sedberry- 159' Lopez- 155' Overton- 237' Sims- 238' Maxey (Hub City)- Border by Others Strong- 232' Underwood- 128' Davies- 144' McCullough- 124' Davis- 65' Carlisle- 109, Jennings- 147' ITB#266-02/RSAdd l ITB #266-02/RS, Addendum #1 �w The Bidder shall carefully total the above quantities and place the parks in the appropriate bid category. This is not a new bid or design element. This Clarification is due to the fact that .� some Bidders may have overlooked this design element. 8. In Item #1 Contractor will install the drinking fountain including making the final connection to tie into the water line. In Item #2 Contractor will bring the water line to the drinking fountain site. The Owner will supply the drinking fountain. 2. Sign -in sheet from pre -bid meeting is attached. 3. Please note the following change: Under GENERAL INSTRUCTIONS TO BIDDERS, Item #30, QUALIFICATIONS OF BIDDERS, the paragraph is changed where CAPITALIZED and bolded: The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be ^' requested. THE BIDDER'S BID MAY BE DEEMED NOT TO MEET SPECIFICATIONS OR THE BID MAY BE REJECTED IF THE EVIDENCE SUBMITTED BY, OR INVESTIGATION OF, THE BIDDER FAILS TO SATISFY THE CITY OF LUBBOCK THAT THE BIDDER IS PROPERLY QUALIFIED TO CARRY OUT THE OBLIGATIONS OF THE CONTRACT AND TO COMPLETE THE WORK DESCRIBED THEREIN. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the .� service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. 4. REVISED BID SUBMITTAL FORM IS ATTACHED. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer City of Lubbock w P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to or Email to: (806)775-2164 rshuffieLd@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Ron Shuffield Senior Buyer „„� ITB#266-02/RSAdd 1 ITB #266-02/RS, Addendum #1 BID SUBMITTAL LUMP SUM BID CONTRACT .�, DATE: PROJECT NUMBER: #266-02/RS - CITY OF LUBBOCK NEW PARKS CONSTRUCTION Bid of (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a CITY OF LUBBOCK NEW PARKS CONSTRUCTION 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 .A familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. BID ITEM #1: GRADING, DIRTWORK, DEMOLITION AND CONCRETE -y MATERIALS: ($ ) SERVICES: ($ ) TOTAL BID ITEM #1: ($ ) OPTION #1: GRADING, DIRTWORK, DEMOLITION, AND CONCRETE AT OVERTON PARK PLAYGROUNDS MATERIALS: ($ } SERVICES: ($ ) TOTAL OPTION #1: ($ OPTION #2, GRADING,. DIRTWORK, DEMOLITION, AND CONCRETE AT SEDBERRY PARK MATERIALS: ($ ) SERVICES: ($ ) TOTAL OPTION #2: ($ 1 ITB#266-02/RSAdd1 raw ITB #266-02/RS, Addendum #1 OPTION #3, GRADING, DIRTWORK, DEMOLITION, AND CONCRETE AT REAGAN PARK MATERIALS: ($ ) SERVICES: ($ ) TOTAL OPTION #3: ($ 1 BID ITEM #2: IRRIGATION SYSTEM, ELECTRICAL CONDUIT AND FINAL GRADING MATERIALS: ($ ) SERVICES: ($ ) TOTAL BID ITEM #2: ($ ) OPTION #4: IRRIGATION SYSTEM, ELECTRICAL CONDUIT AND FINAL GRADING AT REAGAN PARK MATERIALS: ($ ) SERVICES: ($ ) r_ TOTAL BID OPTION #4: ($ ) (Amount shalt be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 270 (TWO HUNDRED SEVENTY) 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 $250 (TWO HUNDRED FIFTY DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shalt be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. ,., The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. an ITB#266-02/RSAddl ITB #266-02/RS, Addendum #1 Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to -execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if. Bidder is a Corporation) ATTEST: E Secretary Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date M/WBE Firm: ORR Date: Authorized Signature (Printed or Typed Name) Company Address City, County State Zip Code Telephone: - Fax: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) w,. ITB#266-02/RSAdd 1 E' v c v Q ui Of 0 co N in F.. PREBID '#266-02tRS CITY OF LUBBOCK NEW PARKS C'ONS'1'Ii1 C1'1f}N December 3. 2002 (i) 10:00 AM COMMITTEE ROOM 103 PLEASE PRINT 7'E[.F:1'IIt}i�I:. FaKMAEL COMPANY REPRESENTATIVE MAILING ADDRESS NUMBER NUMBER ADDRESS. P.O. Box 2000 City of Lubbock RON S)"II)FFIFLD City: Lubbock (806)775-2170 (806)775-2164 ° RShutBcld@;umil.ci.Nbbock.tx,us State. Zip Code: Texas 79457 .�` Address: c 3%�✓rj. ... Ctty� r (� s la) (�a . ) .. -- r t. State. Zip Dude: -7 .�',� Address 544DtA I.(�ii RNS' — JJ l% i t)L �yU"Jc.w City-.L,rUV511 c.(� State, Zip Code. K_—19�� ���-��� 7�I5-`1et20 tGr�(� SGMcttt:Cp11ST,'LA�t Address:.__':'.1____.su:! S_, �. (.........__._ ) (_..._._......_.} _ City �..!��ac°�� ... _ . State Zipcode: a rt/, .� - `���� ?`l i �JG'�t e;,' �E�Gv Cai9.�Osci4 Address:_) `�� fasral�llt �-�' /ems � City:....._.........__._....:._..�...._�._..-..._ State 7i Code: 7k rr�� 3tt� �� L� r i �, rg 4 i Address: 2 �� ..._._r i (..... 7 r 2 r rd "FYH r g. a. T j r.;nt City: .._ ., r r>_. F f *. ",o{ State" Zip Code: r 1�cr� Xi .,.f . State, Zip C,Ofle: ly_-- t srlte, rlr ode: ___.--------- _____._. .. Address: _ ..... City: State, /,i p C ode ; . r _ "' Address: wes L"Y "oi,,.) City: of iY. State, Zip Code: ' <; Address: A2�G' }r l°/tft % �erG •ys� Address a t State, Zip Code: t Q 0 to N 00 Tk E a� a vi N 0 co co N zm ca H PREBID 9266-02!RS CITY OF LUB11OCK NEW -PARKS CONS'CRUCTION December 3, 2002 @10:00 AM COMMITTEE RO0M 103 PLRARF. PRINT TELEPHONE VAX E-MAIL COMPANY RE:PRESEN'1'ATIVE MAILING ADDRESS NUMBER NUMBER ADDRESS - P.O. Box 2000 City of Lubbock RON SIRITFIFID City: Lubbock (806)775-2170 (806)775-2164 RShuftield@mii_ei.lubbock.tx.us Statc. Zip Code:'I'exas 79457 Address m EM 2 . City { �€1._ _) C fi"t!�::.....) A _ State. Zip Code: 1L/�'�;i`G:,wL t'�t1dresti JIIY C'ct Lp 1+ }��ci�r, �� �`� State. Zip? Code_ -� � . Address: _ 1 ?L? .. t 1 O k) rj,' ""j�7 Iat ' City Stag 7.i Cock: � _ � ;� ..a'�X ,�A<i+�i e?Fi<12L .-.11^"� Address: .'$'fSfS 5`c�Tf4 Si...-...- ¢�' {_.t?f'_.� iQb „1- ,�t,:t"w tC t�;�+,-.�eti++e-td.-dSc��}c3• 4Avs��r:aPkS r ? C.itY: 1u3I37�i<,_.._._. _ 750-799ti 780• 715?_ corms State,/ip Code: --r x 'T 9 4 City:/_ r.d^r ,r r '..' state. Zip Code: .. e� >� / - ./ l .t-%�✓v�rl� %? t"-"`h Qsl .�_. _ b sru.r, k• �°r- .�) 1 wa*�( t G t t_ t Add re s5 +� i.. _ _ City L,.'� Yy t�" Stag Zip Code: jAddress:.__...._......_.__.m._..__._..._....._....__...._.......... City: State, Zip Code: ' Address:...... 1 citS ....... _... _.__. I. State, Zip Code: — Address. City- State. Zip C.Odc: :Address: City: State, Zip Code: City: State, Zip Code: v v Q N O co m N 4t H �..-..:;.ti.:.._ ...! L,a.,x CITY OF LUBBOCK INVITATION TO BID FOR TITLE: CITY OF LUBBOCK NEW PARKS CONSTRUCTION ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 266-02/RS PROJECT NUMBER: 90014.8107.10000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT 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 AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS 11. SPECIAL CONDITIONS No Text i NOTICE TO BIDDERS ITB #266-02/RS Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 ,s.• o'clock p.m. on the 9th day of December, 2002, 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: "CITY OF LUBBOCK NEW PARKS CONSTRUCTION" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 2:00 o'clock a.m. on the 9th day of December. 2002, and the City of Lubbock City Council will consider the bids on the 9th day of January, 2002, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or su erior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. «:a It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on 3rd day of December. 2002 at 10:00 o'clock a.m., in the Committee Conference Room 103, Lubbock, Texas. Bidders may view the plans and specifications without charge at Lubbock City Hall, 162513'h Street, Lubbock, Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained from City of Lubbock, 1625 13th Street, Lubbock, TX 79457, Phone: (806) 775-2167. Plans and specifications will be shipped at the bidder's expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping w` charges and must furnish the name of the service to be used and the bidder's account number. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock ADA Coordinator at (806) 775-2018 at least 48 hours in advance of the meeting. CITY OF LUBBOCK �..► VICTOR KILMAN PURCHASING MANAGER a GENERAL INSTRUCTIONS TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish CITY OF LUBBOCK NEW PARKS CONSTRUCTION per the attached specifications and contract documents. Sealed bids will be received no later than 2:00 p.m. CST, the 9th day of December, 2002 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left- hand corner: "ITI3 #266-02/RS, CITY OF LUBBOCK NEW PARKS CONSTRUCTION" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held at 10:00 a.m. December 3rd 2002 in Committee Conference Room 103 Lubbock Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the r Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for .� interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in r-y+ any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 5 BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAUPROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 2 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, ^• advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without r� charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice Jo Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS r 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. RON SHUFFIELD, SENIOR BUYER City of Lubbock 1625 13t" Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: RShuffield@mail.ci.lubbock.tx.us 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be fully completed within TWO HUNDRED SEVENTY (270) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements 3 contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects - appear within 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). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations - contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this =_ Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the — Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 4 19 TEXAS STATE SALES TAX 19.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 19.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 20 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. 21 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and r� shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 22 EXPLOSIVES 22.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written 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. 22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 22.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may 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. 23 CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be°reached during the time that the work contemplated by this contract is in progress. 24 INSURANCE 24.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether •" 5 performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 24.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 25 LABOR AND WORKING HOURS 25.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 25.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 25.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 25.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 25.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or, dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 26 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 0 Po 27 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 28 PREPARATION FOR BID 28.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 28.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. if a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 28.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 28.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 28.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 29 BOUND COPY OF CONTRACT DOCUMENTS P Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. Q) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 30 QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock .,a 7 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: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. 31 BID AWARD 31.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award a contract based on the total bid for Bid Item 1, plus the sum of any Options the City may select and the City shall award a contract based on the total bid for Bid Item 2. 31.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may _result in disqualification of the bid. 31.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 31.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 31.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 31.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. No Text ITB #266-02/RS, Addendum #1 N - —, BID SUBMITTAL LUMP SUM BID CONTRACT DATE: PROJECT NUMBER: #266-02/RS - CITY OF LUBBOCK NEW PARKS CONSTRUCTION Bid of called Bidder) V e-(5 (hereinafter To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a CITY OF LUBBOCK NEW PARKS CONSTRUCTION having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. BID ITEM #1: GRADING, DIRTWORK, DEMOLITION AND CONCRETE MATERIALS: Dne ilLknJreJ �%V+4 Seur,1 44iot..5xntl rime hkJre.J($ 0 -7, 9 I q . U n,rc+ce-e doita4s e'zzjia SERVICES: (Inc hundreA A"w Secien 16ssa,4 nine hwnc(r�-J ($ 117, ) q, %t ) htne�c.p datfus -/tfab TOTAL BID ITEM #1:Fhree hct"ArCd -� '4ecn -�hausand ($ Ej51+# ht.,nd•" -t-hirN et-3kt dollars 4. yy/1"_ OPTION #1: GRADING, DIRTWORK, DEMOLITION, AND CONCRETE AT OVERTON PARK PLAYGROUNDS MATERIALS: ($ `[� q 1, SERVICES: Aix"'5" fbulr hwv��r� -itir� or c dalCars ($ q f , q 7 ) r .r 4n 1 t ur' i TOTAL OPTION #1: 4+%CC-e. AzMaX5 r �Sl6M- �, OPTION #2, GRADING, DIRTWORK, DEMOLITION, AND CONCRETE AT SEDBERRY PARK MATERIALS: Ci U -f hoV sar� sevew itiw�. real +c.- As (taus 4 ($ g 17 10. ), S ) ZI hN SERVICES: E % i ) c.o a,.oi S�u� h., t. �resl ie,. c�a [I�+xS +� ($ V.71 D . A 5 ) Ittrr t TOTAL OPTION #2:ye icciti wsa �a�r hww�r� 4z.�e-,* ($ I -7, 1I1io..�� 1 ITB#266-02/RSAddl ITB #266-02/RS, Addendum #1 OPTION #3, GRADING, DIRTWORK, DEMOLITION, AND CONCRETE AT REAGAN PARK . , MATERIALS: SeueJee-r, 4kt,,5 P t,, j�3 A" c -W cs r t+�"' ($ SERVICES: _4bw ($ N ) TOTAL OPTION #3ghu4't., frot.ro`" sa:.d ore �:,,v.�Cred_ ($ BID ITEM #2: IRRIGATION SYSTEM, ELECTRICAL CONDUIT AND FINAL GRADING MATERIALS:'Cwc, hu-,�, J +taa daltars v Z4(tsq SERVICES:TL. 4 - tsf je -. iu,,L,5-aJ -I'hrec. hknVQ-r-0($ 137., 3D2, `� } 4i,, 6 2-y�l TOTAL BID ITEM #2:_Four hu-^Arel 3eueJL, 4,r 4%eL_:)a�J 5 W ($ 1 1,1, (c 0.14 . '1 B ) k, ,JieJ Tbc,, &I(U5 -# 4tSjc, $- OPTION #4: IRRIGATION SYSTEM, ELECTRICAL CONDUIT AND FINAL GRADING AT REAGAN PARK MATERIALS �Th t rN a„e - h L%-3Ar J Arce. {Z AJf<J s C,lt S ($ J-t(a,rs d `ieihn - SERVICES: -T-,rrJ\, bae *w,5a"J F(t.ee h"r�-t 5Cu5th 54 ($ �i, 3-7 TOTAL BID OPTION #4: `,�/✓ro_ ($ (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 270 (TWO HUNDRED SEVENTY) 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 $250 (TWO HUNDRED FIFTY DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. ITB#266-02/RSAdd 1 I TB # 266-02/ RS, Addendum # 1 N Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Dollars ($ J, 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, insurance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO -BID OPENING. (Seat if Bidder is a Corporation) ATT -f: - SecrItary Bidder acknowledges receipt of the following addenda: Addenda No. ( Date % / 6 /0 Addenda No. ^ _ Date I X 5 6 Addenda No. Date Addenda No. Date M/WBE Firm: Date: be C CA-\ b ear �thori�ze-dSig�nature arl H , sar i cvL (Printed or Typed Name HU C--k Oa Hers =i ctc. Corrlp` 9y03 Cxn � v ear 5�_ { Ave.— fj -�'4 Ad !6a f 6� City County State Telephone: '&(e - Zip Code, 7(FS - r5'7 1 Fax: '564, - (F S - C C, -7 7 Woman Black American Native American Hispanic Asian Pacific American Other (Specify) American 0" ITB# 266-02/ RSAd d 1 ft n City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us I I ITB #266-02/RS, Addendum #1 ADDENDUM #1 ITB # 266-02/RS City of Lubbock New Parks Construction MAILED TO VENDOR: December 5, 2002 CLOSE DATE: December 9, 2002 @ 2:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. In the Plans and Specifications, the bidder shall note that ALL project scope items associated with REAGAN PARK shall be deleted from the Bid Item #1, and placed as Option #3 (Grading, Dirtwork, Demolition and Concrete) and Option #4 (Irrigation System, Electrical Conduit and Final Grading) — Reagan Park. PLEASE SUBMIT REVISED BID SUBMITTAL FORM WITH YOUR BID. Clarifications: 1. Junction Boxes shall be placed where noted on the plans as "Future Light Pole Locations". 2. The Conduit for the future electrical work shall be Schedule 40. 3. The size of the junction boxes is as noted in the specification package. 4. Final Grading required by the Irrigation Contractor means the compaction of all ditches, removal of all debris brought to the surface by trenching, and the mechanical or hand work (raking) necessary to leave the project site ready for the Owner to prepare for hydro mulching of grass. 5. All park sites will have Flow Meters installed in them. 6. The estimate of Construction Cost is approximately $845,045. 7. Although noted in the existing drawing package, the Bidder shall note that each playground site will have an 8" deep by 6" wide keyed sub -surface concrete border in it. This is the separation between the sand pits and the safety surface material. It will not be visible. The total linear footage of this border element in the bid is as follows (per park site): Cooke- 211' Reagan- 128' Duran- 315' Sedberry- 159' Lopez- 155, Overton- 237' Sims- 238' Maxey (Hub City)- Border by Others Strong- 232' Underwood- 128' Davies- 144' McCullough- 124' Davis- 65' Carlisle- 109, Jennings- 147' The Bidder shall carefully total the above quantities and place the parks in the appropriate bid category. This is not a new bid or design element. This Clarification is due to the fact that some Bidders may have overlooked this design element. ITB#266-02/RSAdd1 on ITB #266-02/RS, Addendum #1 8. In Item #1 Contractor will install the drinking fountain including making the final connection to tie into the water line. In Item #2 Contractor will bring the water line to the drinking fountain site. The Owner will supply the drinking fountain. 2. Sign -in sheet from pre -bid meeting is attached. 3. Please note the following change: Under GENERAL INSTRUCTIONS TO BIDDERS, Item #30, QUALIFICATIONS OF BIDDERS, the paragraph is changed where CAPITALIZED and bolded: The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. THE BIDDER'S BID MAY BE DEEMED NOT TO MEET SPECIFICATIONS OR THE BID MAY REJECTED IF THE EVIDENCE SUBMITTED BY, OR INVESTIGATION OF, THE BIDDER FAILS TO SATISFY THE CITY OF LUBBOCK THAT THE BIDDER IS PROPERLY QUALIFIED TO CARRY OUT THE OBLIGATIONS OF THE CONTRACT AND TO COMPLETE THE WORK DESCRIBED THEREIN. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. 4. REVISED BID SUBMITTAL FORM IS ATTACHED. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to or Email to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806)775-2164 rshuffield@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Ron Shuffield Senior Buyer •*e ITB#266-02/RSAdd 1 II ITB #266-02/RS, Addendum #2 MR r, City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us ADDENDUM #2 ITB # 266-02/RS City of Lubbock New Parks Construction MAILED TO VENDOR: December 5, 2002 CLOSE DATE: December 9, 2002 @ 2:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. On plans, sheet L-36, IRRIGATION LEGEND, replace "CALASENSE" with "HUNTER ICC OR APPROVED EQUAL". All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to : (806) 775-2164 or Email to: rhuffield@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Ron Shuffield Senior Buyer ITB#266-02/RSAdd2 BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond No. KNOW ALL MEN BY THESE PRESENTS, r^ That we, Hub City Pavers, Inc. as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Lubbock Lubbock, Texas .Ra as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Bid Price (5%) Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.. WHEREAS, the Principal has submitted a bid for city, of Lubbock New Parks Construction—ITB #266-02/RS NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 9 day of December 2002 Hub City Pavers, Inc. a ess) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Witness) By Gkdl_orY�_ John Shrop ire Jr. - . ;Attomey-in-Fact) 1 z< Printed in cooperation with the American Institute of Architects (AIA) by Travelers Casualty and Sq efjj \ Company of America. The language in this document conforms exactly to the language used in AIA Document A310, February 1970 edition. S-1869-G (07-97) i TRAVEL S CASUALTY AND SURETY COMPANY OF IERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OFAUTHOWTV OF ATTORNEY($) -IN FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: John V. Shropshire, Jr., Jeffrey V. Shropshire, of Lubbock, Texas, their true and lawful .� Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following insuument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and k. other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto not exceeding the sum of TWO MILLION FIVE Hi11VDRED THOUSAND (S2, S00, 000. 00) DOLLARS per pond and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: - " VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. i VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or AssistantSecretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Amistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed 'and, certified b such facsimile sig nature gnature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bouti or undertaking to which it is attached. L M IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS _ CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President, and their corporate seals to be hereto affixed this 13th day of September 2000. STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD XV ANp a �GNssup�,,�< ��'cxN0. Z 19 s 2 C1 ; TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARIIIINGTON CASUALTY COMPANY By George W. Thompson Senior Vice President On this 13th day of September, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above- instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof aY� c' My commission expires June 30, 2001 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of -Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 9 day of December ,20 02. FM91tTy VA pAsuq�r KARTFO r i KwrFORD, s V' 19 = 2O CONK. �+aro By Kori M. Johanson Assistant Secretary, Bond OMID CHECK BEST RATING UCENS O i E 1MITEXAS Sy PAYMENT BOND STATUTORY PAYMENT Travelers Casualty and Surety Company of America BOND - TEXAS Hartford Connecticut an I KNOW ALL MEN BY THESE PRESENTS, that Hub City Pavers, Inc. (hereinafter called the Principal), as Principal and TRAVELERS CASUALTY AND SURETY COMPANY OF + AMERICA (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Lubbock Lubbock, Texas (hereinafter called the Obligee), as Obligee, in the amount of Three Hundred Eighty Six Thousand Three Hundred Thirty -Two dollars and 57/100--------- """ ($ 386, 332.57 ) Dollars for the payment where of, 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 contract with the Obligee, dated the 19th day of December, 2002. ITB 1266-02/RS-City of Lubbock New Parks Construction •-, which contract is hereby referred to and made a part hereof and to the same extent 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 Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions of said Code to the same extent as if it were copied at length herein. i IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 19th day of December, 2002 Hub City Pavers, Inc. _ Ourery ay.. J n V. Shropshirg, Jr. AtiO�ney trt=Fact STATUTORY PAWINT BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS GOVERNMENT CODE fl ..: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARK NGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 I OWN POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and havingtheir principal _ e P � P� offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: John V. Shropshire, Jr., Jeffrey V. Shropshire, of Lubbock, Texas, their true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto not exceeding the sum of TWO MILLION FIVE HUNDRED THOUSAND (S2,500,00a00)` DOLL4RS pe-r-bond and to bind the Companies, thereby as frilly and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President° any Senior Vice President, any Vice President, any Second Vice President; the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Vompany's name and seal with the Company's seal bonds, recognizances, cont: acts cf indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given turn or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice Preside -at, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond; -recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorneyand Certificate of Authority ty is signed and sealed by facsimile under and by authority of the following. Standing Resolution voted by the Boards of . Directors of TRAVELERS CASUALTY AND 'SURETY COMPANY_ OF, AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMING�TON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company'and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. $ timiu) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President, and their gorporate seals to be hereto affixed this 13th day of September 2000. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY } SS. Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD gum s . sy _ George W: Thompson Senior Vice President On this 13th day of September, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Seuior Vice President of TRAVELERS CASUALTY AND' SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY' and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above -instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. 41 aT� � OVo � _ O� My commission expires June 30, 2001 NotaryPublic Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and ' attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and fiuthermore, that'the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 19 th day of December 2002 fV ANp. GA�6.pupgv� �T c WXrF=. t O j i 2 O By Cow o �` *�,� a Kori M. Johanson • �L�t ►++�e �y" • ''`�+ Assistant Secretary, Bond PUND CHECK BEST RATING � LiCENS TEXAS DATE f 7 a3 BY PERFORMANCE BOND STATUTORY PERFORMANCE Travelers Casualty and Surety Company of America BOND - TEXAS Hartford Connecticut KNOW ALL MEN BY THESE PRESENTS, that Hub City Pavers, Inc. (hereinafter called the Principal), as Principal and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Lubbock Lubbock, Texas (hereinafter called the Obligee), as Obligee, in the amount of Three Hundred Eighty Six Thousand Three Hundred Thirty —Two dollars and 57/100 ---- ($ 386, 332.57 ) Dollars for the payment where of, 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 contract with the Obligee, dated the 19th day of December, 2002 ITW 1266-02/RS-City of Lubbock New Parks Construction which contract is hereby referred to and made a part hereof and to the same extent if copied at length herein. NOW, THEREFORE, HE 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 Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions of said Code to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 19th day of December , 21 2002 Hub City Pavers. Inc. j y Principal TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Surety By `. Jo V. Shrdpshire, Jr, rney-in-Fact STATUTORY PERFORMANCE BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS GOVERNMENT CODE TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS}IN FACT KNOW ALL PERSONS BY Tf p ESENTS, THAT" TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASU,&.°:TY AND SURETY. COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the `aws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connectiti-;ut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: John V. Shropshire, Jr., Jeffrey V. Shropshire, of Lubbock, Texas, their true and lawful Attorneys) -in Fact, with full power and authority Hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recogttizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto not exceeding the sum of TWO MILLION FrVE HUNDRED THOUSAND (S2,500,000.00) DOLLARS per bond and to bind the r" Companies, thereby as fully and to the same "lent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys) -in Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: ` VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President,'the Treasurer, anyAssi_-.: nt Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attozneys-in Fact and Agents to act for and on behalf of the comp. vj and may give such appointee such authority as his or her certificate of authority may prescribe to sip with the Company's name and seal with .e Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or condition:::; undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or he VOTED. That the Chairman, the President, any 'rice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing aut.—ty to one or more officers or empl 3yees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the offio: J the Secretary. VOTED: That any bond, —recognizance, cone&,., of indemnity, or writing obAgatory in the natui: of a bond, recognizance, or conditional undertaking shall be valid and binding upon " ie C..mpany when (a) signed by the (President, any Vice Chairman. any Executive Vice President, any Senior Vice President or any Vice President., any Second Vice President, the Treasurer, any Assistant Treasurer, ;he Corporate Secretary or any ®, Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in Fact and Agents pursuant to the power pre cribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by anthontyof the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND' SI�1ETY' `COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON ' CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED. That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Anomeys-in-Fact for purposes only of executing and attesting bonds and undertakings &,gd other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and bwding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. $ limits) a IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY ` COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President, and their porporate seals to be hereto affixed this 13th day of September 2000. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA }SS. Hartford TRAVELERS CASUALTY AND SURETY COMPANY FARM[INGTON CASUALTY COMPANY COUNTY Of HARTFORD tY( ARTMFA Alp. GA6t/q�� i MARTFORD,''� t7 i 9$ 2 C gum CONK 4, \(�p4j By George W. Thompson Senior Vice President On this 13th day of September, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY ANIY SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY" and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above. instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. aT� My commission expires June 30, 2001 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 19 day of December ,2002 1�D V AMOM tyO. � �' ►wrrFoafl �'� ��� y';=� co,gum cam o �r By "T Kori M. Johanson Assistant Secretary, Bond CERTIFICATE OF INSURANCE POP snr+ w*a _ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YY) �+ 01/01/2003 PRODUCER (806)763-7311 FAX (806)763-0556 The Shropshire Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE p 9 y HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1615 Avenue M . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 10428 Lubbock, TX 79408 INSURERS AFFORDING COVERAGE INSURED Hub City Pavers, Inc. INSURER A: Travelers 11803 University Avenue INSURERB: Texas Mutual Insurance Company Lubbock, TX 79423 INSURER C: INSURER D: INSURER E: rnv�onn_vc THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MR LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDIYY) DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR I-660-209D2358-TLC-03 01/01/2003 01/01/2004 EACH OCCURRENCE $ 1000000 FIRE DAMAGE (Any one fire) $ 300000 MED EXP (Any one person) $ 500 PERSONAL & ADV INJURY $ 100000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICYF_j PROJECT LOC PRODUCTS - COMP/OP AGG $ 2000000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS IJ-CAP-209D2346-03 01/01/2003 01/01/2004 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ A EXCESS LIABILITY X OCCUR a CLAIMS MADE DEDUCTIBLE RETENTION $ ISM-CUP-209D236A-TCT-03 01/01/2003 01/01/2004 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 Retained Limit $ 10,000 $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY SF-0011492102 20020101 O1/Ol/2003 01/01/2004 TORY LIMI'llITS I I ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS TB# 266-02/RS City of Lubbock new parks construction. ity of Lubbock as an additional insured in regards to the Automobile, General Liability & Umbrella aiver of Subrogation is applicable to Automobile, General Liability, Umbrella and Workers ompensation CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: City of Lubbock Purchasing Department P.O. Box 2000 Lubbock, TX 79457 t.Nl7 V C LLM I I V IY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS CIA REPRESENTATIVES. W IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. b.. e*� s� AOORD CERTIFICATE OF LIABILITY INSURANCE i T ((MID o 19/2 PRODUCER (806)763-7311 FAX (806)763-0556 THIS CERTIFICATE IS ISSUED AS A MATTER OF INI-UtIMA I IUN The Shropshire Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE p g y HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1615 Avenue M. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 10428 INSURERS AFFORDING COVERAGE Lubbock, TX 79408 INSURED Hub City Pavers, Inc. INSURERA: Travelers 11803 University Avenue INSURERB: Texas Mutual Insurance Company Lubbock, TX 79423 INSURERC: INSURER D: INSURER E: nnvoowr_oc THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY I-660-209D2358-TLC-02 01/01/2002 01/01/2003 EACH OCCURRENCE $ 1000000 COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 300000 CLAIMS MADE I OCCUR MED EXP (Any one person) $ 5000 A PERSONAL &ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 200000 POLICY PRO- JECT LOC AUTOMOBILE LIABILITY ANY AUTO I]-CAP-209D2346-02 01/01/2002 01/01/2003 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X A ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITYISM-CUP-209D236A-TCT-02 01/01/2002 01/01/2003 EACH OCCURRENCE $ 1,000,000 X OCCUR ❑ CLAIMS MADE AGGREGATE $ 1,000,000 A Retained Limit $ 10,000 DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY SF-0011492102 20020101 01/01/2002 01/01/2003 TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS B# 266-02/RS City of Lubbock new parks construction. ity of Lubbock as an additional insured in regards to the Automobile, General Liability & Umbrella giver of Subrogation is applicable to Automobile, General Liability, Umbrella and Workers ompensation CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: City of Lubbock Purchasing Department P.O. Box 2000 Lubbock, TX 79457 VN14\1CL .M 11V19 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 79 - n - w n IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. W I CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 2 REQUIRED WORKERS' COMPENSATION COVERAGE 'The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. ❑ Pon low 3 No Text CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 19TH day of DECEMBER, 2002 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and HUB CITY PAVERS. INC. of the City of LUBBOCK, County of LUBBOCK and the State of TEXAS hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: ITB #266-02/RS - CITY OF LUBBOCK NEW PARKS CONSTRUCTION - $386,322.57 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have �• been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbo Lubbock County, Texas in the year and day first above written. � ATTEST: Cit Secretary APPRRO._VEL ASf fO CONTENT: Owner' Representative APPROVED AS TO FORM: 2ZZ_ z '511Attorney ATT ST: Co rate Secreta .A CITY OF k.1dBBO By: M COMPLETE ADDRESS: Hub City Pavers, Inc. 11803 University Avenue Lubbock, Texas 79423 (OWNER) 0, No Text t*" 1. OWNER GENERAL CONDITIONS OF THE AGREEMENT Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of + Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit HUB CITY PAVERS, INC. who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE rl Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as ' referring to, City of Lubbock, or its representative CRAIG WUENSCHE PARK DEVELOPMENT COORDINATOR, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, !r supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. . CONTRACT DOCUMENTS 5. n 6. 7. The contract's documents shall consist of the Notice to Bidders, General Instructions.to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance ofwork on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. WRITTEN NOTICE Written notice, shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to. an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative. ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of.careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's. Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the x proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any !�* and all objection or objections shall be deemed waived. w" 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all _directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper 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 shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the 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 �t work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 3 I on 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 consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give 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 such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. _ 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 4 I 23. CHANGES AND ALTERATIONS 24 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 actual expenses incurred in preparation for the work as originally planned. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent w (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office 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 Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in `- Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses,in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance "! protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. A. General Liability Insurance (Additional Insured and Waiver of Subrogation required) 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 Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, $0 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance (Additional Insured and Waiver of Subrogation Required) 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 non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance (Additional Insured and Waiver of Subrogation required) The Contractor shall have Umbrella Liability Insurance in the amount of L0 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000.00. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 0406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the 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. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, Owl, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to (a) provide coverage, based on proper reporting of classification codes and payroll amounts ' and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of Iwo coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; r-� (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; noti the governmental entity in writing b certified mail or personal delivery, within 10 (� fY g tY � 9 Y P rY. days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and r-* (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will .� 9 G. 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. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so _ the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of _ coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 10 (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; post a notice on each project site informing all persons providing services on the project (9) P P j 9 P P g P 1 that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other • posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any ..� other language 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: g REQUIRED WORKERS' COMPENSATION COVERAGE "Th 1 tb t e aw requrres a eac person wor ►ng on ►s s► a or provr ►ng serv►ces related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512(440-3789 to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;"and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of - classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 11 (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 32. LAWS AND ORDINANCES 12 The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in ' writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or * local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in ^' this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $250 (TWO HUNDRED FIFTY I PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may 13 direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ -- somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 14 W a" "" 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by .. the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS �,.. On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final MIR 15 completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the _ written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be 16 delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will A* ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the 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 r Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required bylaw, 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. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notifed'and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, 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, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, ..+ notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public �.� 17 or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is 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 Contractor is 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. Al bonds 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. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 18 .er 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or i asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum ^+ products or byproducts and/or asbestos. r+ e OUR 19 No Text RE: RESOLUTION NO.2002-R0483, NOVEMBER 14, 2002 EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Fire Sprinkler Fitter -Journey Fire Sprinkler Fitter -Apprentice Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified Hourly Rate 11.50 12.00 7.50 9.00 12.50 12.50 7.00 11.00 7.00 9.00 11.00 15.00 8.00 10.00 9.00 18.00 10.00 9.50 10.50 10.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 EN EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrical Repairer -Equipment Flagger 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 -Trailer Truck Driver -Heavy Truck Driver -Light Hourly Rate 9.00 7.50 9.00 7.50 12.50 6.50 8.00 6.50 6.00 6.75 9.00 7.00 9.00 9.00 9.00 9.00 9.00 8.00 10.25 7.00 7.50 8.50 8.00 7.00 EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. r- SPECIFICATIONS ke Carlisle, Cooke, Davies, Davis, Duran, Hub City, Jennings, Lopez, McCullough, Overton, Reagan, �** Sedberry, Sims, Strong, and Underwood Park Playgrounds Renovations and Installations Parks & Recreation Department ^+ City of Lubbock, Texas SECTION 01: SUMMARY OF WORK I. General A. Scope of Project 1. Contractor shall supply all supervision, perform all work, furnish all labor, tools, materials, equipment, and incidentals necessary to fully and properly perform all work at each park site listed above, and as described in the plans and specifications. All construction and other work shall be completed in accordance with all governing codes and ordinances, with the best engineering and construction practices, including the material manufacturers' 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. 3. Work shall be performed in such an order that the remaining park amenities do not suffer due to the work being performed in the playground. Owner shall flag existing irrigation heads in the area, and remove any irrigation heads before the demolition and construction that interfere with the design. When completion of the construction is final, the final utility work will then be completed. B. Work Included: 1. Section 02 - Product Substitution 2. Section 03 - Earthwork and Grading 3. Section 04 - Plant Material 4. Section 05 - Concrete Work 5. Section 06 - Irrigation 6. Section 07 - Park Equipment C. Additional Information 1. All information under General Instructions to Bidder and General Conditions of Agreement apply to this section. 2. These plans and specifications were prepared by KDC Associates (henceforth known as the Landscape Architect), for the City of Lubbock Parks Department (henceforth known as the Owner). The successful bidder (henceforth known as the Contractor) shall be responsible for all staking, and shall contact the Owner to verify all construction stakes for location of various construction items at project sites before any installation may take place. v, 3. Bidder shall be prepared to send Owner a price breakdown of any and/or all items outlined in his bid. Price breakdowns will only be requested after the bid opening has taken place. II. Quality Assurance A. Contractors on Site Responsibilities 1. All playground equipment shall be enclosed within an existing sixty -inch (60") inch width concrete border walk, with minimum sixty -inch (60") inside radius curves. Contractor shall field verify that concrete border walk will conform to all safety zone requirements for playground equipment. 2. Contractor shall take all precautions necessary to protect all existing trees, shrubbery, sidewalks, buildings, vehicles, utilities, etc., in the area where the work is being done or that may be located adjacent to or in -route across park 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. 1 ki 3. The Contractor shall not park or drive any vehicles or equipment beneath the drip line of on -site trees and shrubs. Contractor and employees shall not park on unsurfaced park property and shall not drive vehicles across park land unless it is directly necessary to deliver materials to the job site. Pre -mix concrete trucks delivering concrete to the site shall not dump slag or wash down their vehicles on park property or adjacent private property. Contractor shall be responsible for notifying concrete truck drivers of this policy. 4. The Contractor shall take all necessary precautions to assure the safety of the park visitors during the construction and clean-up operations. The Contractor shall maintain and keep in good repair the work intended under these Plans and Specifications and shall perform all necessary repair, construction, and renewal to the date of acceptance by Owner. 5. Any utility and irrigation lines shown on plans are for design and construction information and are accurate as to location. 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. Park utilities include irrigation systems, and park lighting, all others are public utilities. The Contractor's attention is directed to the fact that other underground utility lines may exist that the Owner is not aware of. The Owner does not assume any responsibility for any public utilities, which are not shown on plans. It is the Contractor's obligation to locate and familiarize himself with all utilities and to provide for their safety. Damage to utilities will be repaired at Contractor's Expense. Park development staff will assist in the design and relocation of utility lines. 6. Contractor shall be responsible for protection of unfinished work and shall be responsible for the safety of park users using the unfinished equipment. Contractor shall, at his own expense, furnish �•. and erect such barricades, fences, lights, and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. 7. 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. 8. Contractor shall be responsible for removal, hauling, and disposal of all construction debris and unusable material from proposed construction areas and designated sites as shown on plans and in specifications. Owner shall retain the right to any existing materials deemed to have value. 9. As other site work will be taking place when this project is occurring, the Contractor shall coordinate with other contractors to insure that all work flows smoothly and in an orderly manner. 10. Contractor is responsible for inspection of site, to verify all existing conditions. Contractor shall be responsible to fully and properly complete all work as described in the specifications and shown on plans. 11. Contractor shall be responsible for verification of all utilities and irrigation systems. 12. 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. ow B. Safety w 1. All equipment shall be free of sharp edges, corners, and extremely rough surfaces. 2. All raised platforms, walks, slides, and ramps shall have handrails. 3. All equipment shall meet or exceed the safety guidelines as outlined by the Consumer Product Safety Commission (CPSC) by the National Bureau of Standards (NSB) as it pertains to the Americans with Disabilities Act. (ADA). 4. All equipment shall meet current American Society for Testing and Materials (CPSC/ASTM) safety guidelines and specification. (F 1487-93). �., 5. All equipment shall meet current Texas Accessibility Standards. C. Allowable Tolerances ..,, 1. Metal shall be straight or at design radii and bends, shall not have kinks, shall not be bent or crimped, and shall be true to shape. 2. All metal parts and hardware, unless specified as aluminum, shall be hot dip galvanized, have electrostatically bonded color, or have an approved corrosion -resistant coating. 3. Any material that does not conform to standards listed in section will be rejected by Owner and replaced by Manufacturer at his expense. D. Product Delivery, Storage, and Handling 1. Protect all materials from inclement weather: wet, damp, extreme heat, or cold, theft, damage, or vandalism. 2. All manufacturers' labels, installation instructions, and shop drawings shall be in included for each item ordered. E. Equipment Check 1. The Contractor shall, one week after installation of equipment, check that all parts are secure and are in good working condition. F. Clean-up 1. Demolition debris shall be removed from the site before commencement of construction work. 2. Within three days after completion of site, the Contractor shall clean, remove rubbish and temporary structures from the site, restore in an acceptable manner all property, to it's original integrity both public and private, which has been damaged during the prosecution of work, and leave the site of the work in a neat and presentable condition throughout. The cost of the "cleanup" shall be included as a part of the cost of the various items of work involved, and no direct compensation will be made for this work. This work shall be done before final acceptance rA by the Owner will be considered. 3. Contractor shall clean up and haul off all construction debris, including excavated rock material. Area shall be graded back into existing grade smoothly. 4. All spare parts or other pieces of equipment shall be turned over to the Owner following completion of the project. 5. Contractor is to remove all part label stickers before final inspection is conducted. G. Warranty 1. Contractor shall guarantee all labor, workmanship, and materials supplied by Contractor for a period of one (1) year from date of acceptance. After a period of one year, the Contractor may be required at the discretion of the Owner, to make one final check for tightness of all parts. 2. Repairs made necessary due to faulty workmanship shall be made promptly by Contractor at Contractor's expense. 3. Contractor shall guarantee that all equipment shall meet or exceed the safety guidelines as outlined by the Consumer Product Safety Commission (CPSC) by the National Bureau of Standards (NBS) as it pertains to the Americans with Disabilities Act (ADA) and Texas Accessibility Standards (TAS). End of Section v-+ *w SECTION 02 PRODUCT SUBSTITUTION I. General A. Work Included: 1. Section 01 - Summary of Work 2. Section 03 - Earthwork and Grading 3. Section 04 - Plant Material 4. Section 05 - Concrete Work 5. Section 06 - Safety Surface Material 6. Section 07 - Park Equipment II. Substitutions A. Conditions for substitutions (`or Approved Equal') 1. In the event that the clause `or approved equal' is used in the specifications pertaining to materials, the Bidder desiring to make substitutions for specified equipment shall submit the following: a) Product identification, including manufacturer's name, address, and product literature. b) Product description. c) Product performance and test date. d) Reference standards. e) Physical samples of key components supplied to Owner and Landscape Architect. �., g) Published product warranty from Manufacturer. h) Technical product specifications of each element of the equipment. 2. Request for substitution should be included with the overall bid and will be considered before ,,,.. contract is awarded. 3. After contract is awarded, no substitutions will be considered. It will be Bidder/Contractor's responsibility to assure the availability of specified product or substitution before bid date. 4. Bidder shall provide the same guarantee for substitution as for product or method specified. 5. Bidder shall coordinate installation of accepted substitution into work, making such changes as may be required for work to be complete in all aspects. '^ 6. Bidder shall waive all claims for additional costs related to substitution that consequently becomes apparent. 7. Bidder shall be prepared to send Owner a price breakdown of any and/or all items on which he has bid. Price breakdowns will only be requested after the bid opening has taken place. B. Substitutions will not be considered if: ., 1. They are indicated or implied on shop drawings or project data submittals without being formally described in detail as to their differences from what was originally specified. 2. Acceptance will require substantial revision of the original layout of the project. End of Section LW SECTION 03 EARTHWORK AND GRADING I. General A. Scope of Project: 1. The Contractor shall furnish all topsoil, labor, material, tools, equipment, supervision, and incidentals necessary for a proper and complete installation required to complete the work described herein in strict accordance with the drawings and/or terms of the contract. B. Related Work Specified Elsewhere: 1. Section 01 - Summary of Work 2. Section 02 - Product Substitution 3. Section 04 - Plant Material 4. Section 05 - Concrete Work 5. Section 06 - Safety Surface Material 6. Section 07 - Park Equipment II. Products A. Material -Site Fill: 1. Fill material shall be free from trash, lumber, debris, roots over one (1") inch in diameter, matted roots, rocks over one and one half (1-%") inches in diameter, highly plastic soils or other deleterious materials. B. Material - Top Soil: 1. Fill material, if necessary, shall be provided by Contractor. 2. Natural, fertile, friable soils possessing characteristics of soils in the vicinity 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 three fourth (3/4") inch 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, sidewalks, and other reference points established by other contractors. 2. Protect property, including adjoining property and public right -of- way, from damage by trucks and equipment. 3. Protect active utilities to be retained on site, whether shown on drawing or uncovered during excavation operations. If damaged, repair at Contractor's expense. 4. Existing trees, roots, and plant material shall be protected from damage by trucks and equipment. 5. Keep excavations free of water. B. Site Preparation: 1. Strip existing topsoil from areas affected. Stockpile on site for re -use. 2. Contractor shall be responsible for removing unusable material from site. 3. All unstable or otherwise objectionable material shall be removed from the subgrade and replaced with approved material. 4. Burning and blasting on site shall not be permitted. C. Evacuation: 1. In general, Contractor shall endeavor to balance cut and fill on sites. 9 Pw 2. Excavate to bring areas to grade and subgrades as required. Scarify excavated areas occurring under concrete or play surface material to a depth of six (6") inches, then compact to required density. 3. Stockpile all excavated material on site; exact location to be approved by Owner. ram, 4. Contractor to separate top soil and subsoil into two (2) piles. 5. Remove underground obstructions, where rock is encountered at subgrade, under cut minimum of fifteen (15") inches below and backfill with approved fill. I 17 Fill and Backfill: 1. In general, Contractor shall endeavor to balance cut and fill. 2. Placing: Place material in loose, even successive lifts not to exceed the following depths: (if applicable). a) Fill below concrete slabs: Maximum of eight (8") inch high lifts to overall compacted depth. 3. Compaction: Thoroughly and evenly compacts each lift to the following densities: a) Fill below concrete slabs and play surface material: Not less than ninety-five (95%) percent standard density to at least four (4) feet outside of slab. b) Site fill: Not less than ninety (90%) percent standard density. 4. Moisture Control: When moisture must be added before compaction, uniformly apply water to surface, but do not flood. Free water shall not appear on surface during or after compaction operations. Remove and replace, or scarify air-dry soil too wet to allow proper compaction. E. Grading: 1. Uniformly grade areas, including adjacent transition areas to smooth surface at required grades and .Y 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 below new or existing concrete as shown on plans. Slope soil smoothly back to adjacent grade as shown .., on plans. F. Finish Grading: 1. Fine grade areas to achieve final contours acceptable to Owner. 2. Provide uniform rounding at top and bottom of slopes and other breaks in grade as indicated on plans. Correct irregularities and areas where water will stand. 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 operations. Remove rubbish, vegetation, and rocks over three fourth (3/4") inch diameter. Leave areas smooth and suitable for establishment of lawns and planting. Correct irregularities and areas where water will stand. G. Maintenance: 1. Before final acceptance, protect newly graded areas from traffic, construction, weather damage, washing, erosion, and rutting, and repair such damage that occurs. 2. Correct settlement below established grades to prevent ponding of water 3. All excess material and waste to be removed from site, and work to be left in clean, finished conditions. H. Final Acceptance: 1. Site shall be thoroughly inspected by Owner before final acceptance. 2. Any areas needing further grading or other attention shall be completed to Owner's satisfaction. e; W 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 covered with topsoil which have been previously established in conformance with the drawings and/or other applicable specifications shall be maintained in a true and even grade. C. Tilling: 1. After the areas that are covered with topsoil have been brought to grade, compacted where necessary and immediately prior to dumping and spreading the topsoil, the subgrade shall be loosened by disking or by scarifying to a depth of at least two inches to permit bonding of the topsoil to the subsoil. D. Acceptance: 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 A. General: 1. The Contractor shall furnish all topsoil, labor, material, tools, equipment, supervision, and incidentals necessary for a proper and complete installation required to complete the work described herein in strict accordance with the drawings and/or terms of the contract. B. Materials: 1. Topsoil shall be a loamy sand, sandy loam, clay loam, loam, silt loam, sandy clay loam or other soil approved by the architect. Topsoil shall contain no slag, cinders, stones, and lumps of soil, sticks, roots, trash, or other extraneous materials larger than '/< 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 turf grass arising from pH and / or soluble salt problems C. Grading: 1. The topsoil shall be uniformly distributed on the designated area. 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, which are covered with topsoil or other operations, shall be corrected in order to prevent the formation of depressions or water pockets. Topsoil shall not be placed while in a frozen or muddy condition, when the subgrade is excessively wet, or in a condition that may otherwise be detrimental to proper grading, or proposed for turf grass sod installation. D. Clean Up: 1. After the topsoil has been spread and the final grades approved, it shall be cleared of all grade +* stakes, surface trash and other objects. Paved areas over which hauling operations are conducted shall be kept clean, and any topsoil, which may be present on the site, 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. r�. VI. Final Soil Preparation ;.., (Specifications given in this section apply both to areas where topsoil has been added and to areas where soil from the existing site is used.) A. General: 1. The Contractor shall furnish all topsoil, labor, material, tools, equipment, supervision, and incidentals necessary for a proper and complete installation required to complete the work described herein in strict accordance with the drawings and/or terms of the contract. P" B. Materials: 1. 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: POP 1. The surface shall be cleared, to a depth of four (4") inches, of all trash, debris, stones larger than three fourth (%") inch in diameter, and of all roots, brush, wire, grade stakes and other objects. 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 SECTION 04 PLANT MATERIAL I. General A. Scope of Project 1. To furnish and install grass seeding only in the areas affected or modified by this work as described in the specifications or as directed by Owner. B. Related work as specified elsewhere: 1. Section 01 - Summary of Work 2. Section 02 - Product Substitution 3. Section 03 - Earthwork and Grading 4. Section 05 - Concrete Work S. Section 06 - Safety Surface Material 6. Section 07 - Park Equipment C. Additional Information 1. All information under General Instructions to Bidder and General Conditions of Agreement apply to this section. 2. Bidder shall be prepared to send Owner a price breakdown of any and/or all items he has bid. Price breakdowns will only be requested after the bid opening has taken place. II. Quality Assurance A. Qualifications of Bidder 1. Bidder to have minimum of three (3) years experience on projects of similar characteristics and size. 2. Bidder to furnish, at Owner's request, references of work for determination of ability of Bidder to perform work. 3. Bidder to inspect site to become familiar with site conditions before bid. Failure to do so will not relieve Bidder of performing work as required in the specifications at no expense to the Owner. B. Quality of Plant Material 1. All plant material shall conform to ANSI Z60.1-1990. 2. Plant material shall be true to name as specified. III. Water schedule A. Water P'R 1. Owner shall water all grass seeded areas by means of an existing irrigation system. Contractor shall be responsible for notifying Owner twenty-four (24) hours before time of grass seeding for proper watering. IV. Execution A. Protection: 1. Carefully maintain benchmarks, layout stakes, and other reference points. 2. Protect property, including adjoining property and public right-of-way, from damage by trucks and equipment. B. Grass Seeding 1. Type: Common Bermuda Grass 2. Quantity: two (2) pounds per one thousand (1,000) square feet. 3. Application: Slit seed or drill applied. C. Site Conditions 1. Site to be inspected regularly to determine continuation of work due to bad weather. Construction will be stopped temporarily, if necessary, by agreement between Owner and Contractor to ensure best installation possible. V. Final Acceptance: F0 A. Contractor shall be responsible for seeding until an acceptable stand of grass has been established and approved by Owner. Site shall be thoroughly inspected by Owner before final acceptance. B. Any areas needing further attention shall be completed to Owner' satisfaction. End of Section n t. SECTION 05 CONCRETE WORK I. General A. Work Included: .-, 1. Section 01 - Summary of Work 2. Section 02 - Product Substitution 3. Section 03 Earthwork and Grading 4. Section 04 - Plant Material 5. Section 06 - Park Equipment B. Subgrade Preparation 1. Subgrade preparation to include removal, hauling, and disposal of all excavation of sub -soil, ` concrete, construction debris, unusable material, and any other obstructions shown on plans or as designated by Owner. C. Site Preparation 1. Contractor is responsible for layout of work based on plan dimensions, excavation, grading, leveling, and compaction of subgrade and fill material. 2. Owner will approve initial elevation of slabs for structures and Contractor shall be responsible for all sidewalk grades. 3. Contractor shall verify work to Owner after subgrade preparation is completed before actual construction. D. Contractor shall stake location of proposed concrete border walk and contact Owner for verification or approval twenty-four (24) hours before placement of concrete. This is to ensure that concrete is properly spaced from play equipment and to Owner's satisfaction so that minimum requirements for "safety zones" are met. E. Codes and Standards: 1. Comply with the provisions of the following codes, specifications and standards, except where requirements that are more stringent are shown or specified. 2. ACI 347 "Recommended Practice for Concrete Form Work" ACI 304 Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete." Concrete Reinforcing Steel Institute, "Manual of Standard Practice." 3. All handicap accessibility and ramps shall comply with current ADA and Texas Accessibility Standards (TAS) guidelines and recommendations. F. Workmanship: 1. The Contractor is responsible for correction of concrete work, which does not conform to the specified requirements, including strength, tolerances and finishes. Correct deficient concrete as directed by the Owner. 2. Contractor to have a minimum of three (3) years experience in forming and pouring concrete of a similar nature and scope. 3. Concrete shall meet minimum strength specified on details. 4. Contractor shall, at Owner's request, submit proof or test data of concrete to be used. Contractor shall be responsible for type of concrete delivered by ready mix plant. II. Products A. Form Material: i. Forms for Concrete: Unless otherwise shown or specified, construct all form work for concrete surfaces with plywood, metal, metal -framed, plywood -faced, or other acceptable panel -type ., materials, to provide continuous, straight, smooth, surfaces. Finish in largest practicable sizes to minimize number of joints, and to conform to joint system shown on drawings. Provide form material with sufficient thickness to withstand pressure of newly -placed concrete without bow or deflection. Forms used for this class of concrete shall be new or "good -as -new." 2. Use Plywood complying with U.S. Product Standard PS-1 "b-B (Concrete Form) Plywood" Class 1, Exterior Grade or better, concrete -oiled and edge -sealed, with each piece bearing legible trademark of an approved inspection agency, unless otherwise acceptable to Owner. B. Reinforcing Materials: 1. Welded Wire Fabric: ANSUASTM A 615, with Supplementary Requirements (sl), and as follows: a) Provide Grade 60, except No. 3 ties and stirrups may be Grade 40. 2. Welded Wire Fabric: ANSUASTM A 185, welded steel wire fabric. 3. Supports for Reinforcement: Provide supports for reinforcement including bolsters, chairs, spacers and other devices for spacing, supporting and fastening reinforcing bars and welded wore fabric in place. Use wire bar type supports complying with CRSI, unless otherwise specified. Wood, brick and other devices will not be acceptable. a) For slabs -on -grade, use supports with sand plates for horizontal runners where wetted base materials will not support chair legs. b) For exposed -to -view concrete surfaces, where legs of supports are in contact with forms, provide supports with legs which are hot / dip galvanized, or plastic protected or stainless steel protected. C. Concrete Materials: 1. Portland Cement: ANSUASTM C 150, Type I, II, or type III with fibermesh, unless otherwise acceptable to Owner. 2. Use only one brand of cement throughout the project, unless otherwise acceptable to Owner. 3. Aggregates: a) Clean, sharp, natural sand free from loam, clay, lumps, or other deleterious substances. (1) Dune sand, bank -run sand, and manufactured sand are not acceptable. b) Coarse Aggregate: ANSUASTM C3 clean, uncoated processed aggregate containing no clay, mud, loam, or foreign matter as follows: (1) Crushed stone processed form natural rock or stone. (2) Washed gravel, either natural or crushed. Use of pit or bank - run gravel is not permitted. (3) Provide aggregate from a single source for all exposed concrete. c) Maximum Aggregate Size: Not larger than one -fifth of the narrowest dimension between sides of forms, one-third of the depth of slabs, nor three - fourths of the minimum clear spacing between individual reinforcing bars or bundles of bars. d) These limitations may be waived, if in the judgment of the Owner, workability and methods of consolidation are such that concrete can be placed without honeycomb or voids. POW D. Water: Clean, fresh, and drinkable. „ E. Air -Entraining Admixture: ANSI/ASTM C 260. F. Water -Reducing Admixture: ANSI/ASTM C 490, Type A, containing not more than 1% chloride ions. G. Set -Control Admixtures: ASST. C 494, as follows: Type B, Retarding Type C, Accelerating Type D, Water -reducing and retarding Type E, Water -reducing and accelerating 1. Calcium chloride will not be pemutted in concrete, unless otherwise authorized in writing by Owner. P" H. Related Materials: 1. Preformed Expansion Joint Fillers: Pre -molded fiber -fill expansion joint filler one half ('/2") inch wide shall extend the full depth of the concrete as specified in detail. The top of the filler shall have a one eighth (1/8") inch radius; the top one half ('/2") inch of the joint shall be filled with Urethane Sealant colored to match surrounding finish color. Joints of twelve (12') feet or less shall be one continuous piece installed. '^ 2. Absorptive Cover: Burlap cloth made from jute or kenaf, weighing approximately nine (9) ounces per square yard, comply with AASHOM 182, class 3. Moisture -Retaining Cover: One of the following, complying with ASTM C 17 Waterproof paper Polyethylene film Polyethylene -coated burlap I. Proportioning and Design of Mixers: 1. Exterior concrete shall contain five (5) sacks (564 lb.) of cement per cubic yard of concrete, six percent (6%) plus or minus one percent (1 %) of entrained air, coarse aggregate one (1 ") inch or smaller and shall be poured with a slump of four (4") inches plus or minus one (1") inch as stated at bottom of this page. J. Admixtures: 1. Use air -entraining admixture in exterior exposed concrete, unless otherwise indicated. Add air - entraining admixture at the manufacture's prescribed rate to result in concrete at the point of placement having air content within the following limits: a) Concrete structures and slabs exposed to freezing and thawing or subjected to hydraulic pressure: b) Six percent (6%) for maximum one (1") inch aggregate. Six percent (6%) for maximum three fourth ('/4") inch aggregate. 2. Use admixtures for water -reducing and set -control in strict compliance with the manufacturer's directions. 3. Use amounts of admixtures as recommended by the manufacturer for climactic conditions prevailing at the time of placing. Adjust quantities and types of admixtures as required maintaining quality control. K. Slump Limits: 1. Proportion and design mixes to result in concrete slump at the point of placement as follows: a) Ramps and Sloping Surfaces: Not more than three (3") inches. b) All Other Concrete: Not less than one (1") inch and not more than four (4") inches. Mma A L. Concrete Mixing: 1. Ready -Mix Concrete: Comply with the requirements of ANSI/ASST. C 94, and as herein specified. 2. Delete the references for allowing additional water to be added to the batch for material with insufficient slump. Addition of water to the batch will not be permitted. F 3. During hot weather, or under conditions contributing to rapid setting of concrete, a shorter mixing time than specified in ANSUASTM C 94 may be required. ..� 4. When the air temperature is between 85°F and 90°F, reduce the mixing and delivery time from 1-% k hours (90 minutes) to 1-'/4 hours (75 minutes), and when the air temperature is above 90°F, reduce the mixing and delivery time to 1 hour (60 minutes). III. Execution A. Forn1s: 1. General a) Plan the layout of form work to allow for access to the inside of the playground for the concrete truck to reduce the impact on the site. The section will be formed and poured when the rest of the pour is finished. b) Design, erect, support, brace, and maintain form work to support vertical and lateral loads that might be applied until such loads can be supported by the concrete structure. Construct form work so concrete members and structures are of correct size, shape, alignment, elevation and position. c) Design form work to be readily removable without impact, shock, or damage to cast -in -place concrete surface and adjacent materials. ,., d) Forms shall not leak cement paste. e) Fabricate forms for easy removal without hammering or prying against the concrete surfaces. Provide crush plates or wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for inclined surfaces where slope is too steep to place concrete with bottom forms only. Keep wood inserts for forming key ways, reglets, recesses, and the like, to prevent swelling and for easy removal. 0 "" f) Provide temporary openings where interior area of form work is inaccessible for clean -out, for inspection before concrete placement, and for placement of concrete. Securely brace temporary openings and set tightly to form to s-• prevent loss of concrete mortar. Locate temporary openings on forms at inconspicuous location. g) Tool chamfer exposed corners and edges as shown in detail to produce uniform smooth lines and tight edge joints. 2. Form Ties: a) Factory -fabricated, adjustable -length, removable, or snap off metal form ties, designed to prevent form deflection, and to prevent spalling concrete surfaces upon removal. " b) Unless otherwise shown, provide ties to portion remaining within concrete after removal is at least one and one half (1-'/2") inches inside concrete. Unless otherwise shown, provide form ties, which will not leave holes larger than one (1 ") inch diameter in concrete surface. A•+ 3. Cleaning and Tightening: a) Thoroughly clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt, or other debris just before concrete is placed. b) Re -tighten forms after concrete placement if required to eliminate mortar '� leaks. B. Joints: General 1. Construction Joints: Locate and install construction joints so as not to impair the strength and appearance of the structure, as acceptable to the Owner. a) Provide key ways at least one and one half (1-'/2") inches deep in all construction joints in walls, slabs and between walls and footings; acceptable bulkheads designed for this purpose may be used for slabs. b) Place construction joints perpendicular to the main reinforcement. Continue all reinforcement across construction joints. 2. Control Joints: Placement of control joints shall correspond to plans. Control joints shall be placed every four to eight feet in most cases but shall never be more than twenty feet apart in any direction. When possible, jointed panels shall be approximately square in shape. Control joints shall be continuous, not staggered or offset. Control joints shall be one half ('/Z") inch wide and three fourth (%") inch deep, tooled or sawn in place. Tooled control joints shall have a one eighth (1/8") inch radius. 3. Isolation Joints in Slabs -on -Ground: Construct isolation joints in slabs on ground at all points of contact between slabs on ground and vertical surfaces, such as column pedestals, foundation walls, grade beams and elsewhere as indicated. 4. Expansion Joints: Provide Pre -molded joint filler or other specified material for expansion joints abutting concrete curbs, catch basins, manholes, inlets, structures, walks, and other fixed objects. a) Extend joint fillers full -width and depth of joint, and not less than one half ('/z") inch or more than one (1 ") inch below finished surface. Furnish joint filler in one-piece lengths for the full width being place, wherever possible. Where more than one length is required, place or clip joint filler section together. Form top edge of filler to conform to top profile of concrete. b) Protect the top edge of the joint filler during concrete placement with a metal cap or other temporary materials. Remove protection after both sides of joint are placed. ,,.. c) Expansion joints shall be located at the intersections of all concrete elements and at maximum of thirty (30') feet in sidewalks or every fifteen (15') feet to twenty (20') feet each way in larger areas. Expansion joints shall be one half ('/2") inch wide and contain a one half ('/z") inch premolded fiberfill expansion joint filler. The top of the joint shall have a one eighth (1/8") inch radius; the „ top one half ('/x") inch of the joint shall be filled with a gray colored urethane sealant. 5. Edge Forms and Screed Strips for Slabs: Set edge forms for bulkheads and intermediate screed strips for slabs to obtain the required elevations and contours in the finished slab surface. Provide and secure units sufficiently strong to support the types of screeds required. Align the concrete .* surface to the elevation of the screed strips by the use of strike -off templates or accepted compacting type screeds. 6. Preparation of Form Surfaces: Coat the contact surfaces of forms with a form -coating compound before reinforcement is placed. Provide commercial formulation form -coating compounds that will not bond with, stain nor adversely affect concrete surfaces, and will not impair subsequent treatment of concrete surfaces requiring bond or adhesion, nor impede wetting of surfaces to be cured with water or curing compounds. n Thin form -coating compounds only with thinning agent of type, and in amount, and under conditions of the form -coating compound manufacturer's directions. Do not allow excess form - coating material to accumulate in the forms or to come into contact with concrete surfaces against '""" which fresh concrete will be placed. Apply in compliance with manufacturer's instructions. mom i C. Concrete Placement: �., 1. General: a) Comply with ACI 614, and as herein specified. b) Deposit concrete continuously or in layers of such thickness, that no concrete will be placed on concrete, which has hardened sufficiently to cause the formation of seams or planes of weakness within the section. If a section cannot be placed continuously, provide construction joints as herein specified. c) Deposit concrete as nearly as practicable to its final location to avoid .�, segregation due to re -handling or flowing. -° d) Contractor shall not place any concrete when the air temperature is 40°F and falling. 40°F and rising is acceptable. 2. Pre -Placement Inspection: a) Before placing concrete, inspect and complete the form work installation, reinforcing steel, and items to be embedded or cast -in. b) Thoroughly wet wood forms immediately before placing concrete, as required where form coatings are not used. .w 3. Placing Concrete in Forms: a) Deposit concrete in forms in horizontal layers not deeper than 18" and in a manner to avoid inclined construction joints. b) Consolidate placed concrete by mechanical vibrating equipment supplemented by hand spading, rodding, or tamping. Use vibrators designed to operate with vibratory element submerged in concrete, maintaining a speed of not less than 6,000 impulses per minute. '" c) Do not use vibrators to transport concrete inside of forms. Insert and withdraw vibrators vertically at uniformly spaced locations not farther than the visible effectiveness of the machine. Do not insert vibrators into lower layers of concrete that have begun to set. At each insertion, limit the duration of vibration to the time necessary to consolidate the concrete and complete embodiment of reinforcement and other embedded items without causing segregation of the mix. 4. Placing Concrete Slabs: a) Deposit and consolidate concrete slabs in a continuous operation, within the limits of construction joints, until the placing of a panel or section is completed. b) Consolidate concrete during placing operations so that concrete is thoroughly worked around reinforcement and other embedded items and into comers. c) Bring slab surfaces to the correct level with a straightedge and strike off. Use bull floats or Darbies to smooth the surface, leaving it free of humps or hollows. Do not sprinkle water on the plastic surface. Do not disturb the slab surfaces before beginning finishing operations. d) Maintain reinforcing in the proper position during concrete placement operations. D. Finish of Formed Surfaces: 1. Finishing Procedures: a) After striking -off and consolidating concrete, smooth the surface by screeding and floating. Do not use "Jitterbugs", except on accessible ramp surface. Use hand methods only where mechanical floating is not possible. Adjust the floating to compact the surface and produce a uniform mixture. b) After floating, test surface for trueness with a eight (8') foot straight edge. Distribute concrete as required to remove surface irregularities, and re -float repaired areas to provide a continuous, smoother finish - c) Work edges of slabs, gutters, back top edge of curb, and formed joints with an edging tool, and round to one half (%") inch radius, unless otherwise shown. Eliminate any tool marks on concrete surface. d) After the completion of floating and all excess moisture or surface sheen has disappeared completely, perform surface finishing as follows: 2. Broom Finish: a) Broom finish, by lightly drawing a fine broom across concrete surface. Repeat operation if required to provide a fine line texture acceptable to the Owner. b) On inclining slab surfaces, provide a coarse, non -slip finish by scoring surface with a stiff -bristled broom. E. Concrete Curing and Protection: 1. General: Contractor shall be responsible for the protection of uncured concrete. Contractor shall allow no stray marking or footprints to be placed in the uncured concrete. Protect freshly placed concrete from premature drying and excessive cold or hot temperature, and maintain without drying at a relatively constant temperature for a period of time necessary for hydration of cement and proper hardening. a) Start initial curing application as soon as free water has disappeared from concrete surface after placing and finishing. Weather permitting, keep continuously moist for not less than seventy-two (72) hours. b) Begin final curing procedures immediately following initial curing and before concrete has dried. Continue final curing for at least one hundred sixth -eight (168) cumulative hours (not necessarily consecutive) during which concrete has been exposed to air temperatures above 50T. Avoid rapid drying at end of final curing period. 2. Curing Methods: Perform curing of concrete by moist curing or by moisture retaining cover curing or by combinations thereof, as herein specified. a) Provide moisture curing by following methods: .. b) Keep concrete surface continuously wet by covering with water. Continuously water -fog spray. c) Covering concrete surface with specified absorptive cover, thoroughly saturating cover with water and keeping continuously wet. Place absorptive cover to provide coverage of concrete surfaces and edges, with 4" lap over adjacent absorptive covers. �-* d) Provide moisture -cover curing as follows: Covering concrete surfaces with moisture -retaining cover for curing concrete, placed in widest practicable width with sides and ends lapped at least three (Y) and sealed by water proof tape or adhesive. Immediately repair any holes or tears during curing period using cover materials and waterproof tape. 3. Curing Formed Surfaces: Cure formed concrete surfaces, including undersides of beams, supported slabs and other similar surfaces, by moist curing with forms in place for full curing period, or until forms are removed. If forms are removed, continue curing by methods specified above, as applicable. 4. Curing Unformed Surfaces: Initially cure unformed surfaces, such as slabs, floor topping, and other flat surfaces by moist curing. _ - a) Final cure unformed surfaces, unless otherwise specified, by methods specified above, as applicable. b) Final cure concrete surfaces to receive liquid floor hardener or finish flooring by use of moisture -retaining cover, unless otherwise directed F. Miscellaneous Concrete Items: 1. Filling -In: Fill- in holes and openings left in concrete structures for passage of work by other trades, unless otherwise shown or directed, after work of other trades is in place. Mix, place, and cure concrete as herein specified, to blend with in -place construction. Provide other miscellaneous concrete filling shown or required to complete work. 2. Curbs: Provide monolithic finish to interior curbs by stripping forms while concrete is still green and steel -troweling surfaces to a hard, dense finish with corners, intersections, and termination's slightly rounded. 3. Sleeves: Provide sleeves where need for poles within concrete pad for underground service elements as shown on plan. Sleeves shall be four (4") inch PVC Schedule 40 pipe or as specified on plans, and have four (4") inch of cover minimum. These sleeves shall be made aware to Owner upon completion. G. Concrete Surface Repairs: 1. Patching Defective Areas: Repair and patch defective areas with cement mortar immediately after removal of forms, but only when acceptable to Owner. 2. Cut out honeycomb, rock pockets, voids over one fourth ('/4") inch in any dimension, and holes left by tie rods and bolts, down to solid concrete but, in no case to a depth of less than one (1") inch. Make edges of cuts perpendicular to the concrete surface. Before placing cement mortar or proprietary patching compound, thoroughly clean, dampen with water and brush -coat the area to be patched with neat cement grout, or proprietary bonding agent. 3. For exposed -to -view surfaces, blend white Portland cement and standard Portland cement so that, when dry, patching mortar will match color surrounding. Provide test areas at inconspicuous location to verify mixture and color match before proceeding with patching. Compact mortar in place and strike -off slightly higher than surrounding surface. 4. Repair of Formed Surfaces: Remove and replace concrete having defective surfaces if defects cannot be repaired to satisfaction of Owner. Surface defects, as such, include color and texture irregularities, cracks, spalls, air bubbles, honeycomb, rock pockets, fins and other projections on surface, and stains and other discoloration's that cannot be removed by cleaning. Flush out form ties holes, fill with dry pack mortar, or precast cement cone plugs secured in place with bonding agent. 5. Repair finished unformed surfaces that contain defects with adversely affect durability of concrete. Surface defects, as such, include crazing, cracks in excess of 0.01" wide or which penetrate to reinforcement or completely through non -reinforced sections regardless of width, spalling, pop - outs, honeycomb, rock pockets, and other objectionable conditions. 6. Correct high areas in unformed surfaces by grinding, after concrete has cured at least 14 days. 7. Correct low areas in unformed surfaces during, or immediately after completion of surface finishing operations by cutting out low areas and replacing with fresh concrete. Finish repaired areas to blend into adjacent concrete. Proprietary patching compounds may be used when acceptable to Owners. 8. Repair defective areas, except random cracks and single holes not exceeding one (1") inch diameter, by cutting out and replacing with fresh concrete. Remove defective areas to sound concrete with clean, square cuts and expose reinforcing steel with at least three fourths (3/4") inch clearance all around. Dampen concrete surfaces in contact with patching concrete, and brush with a neat cement grout coating or concrete bonding agent. Mix patching concrete of same materials to provide concrete of the same type or class as original concrete. Place, compact, and finish to blend with adjacent finished concrete. Cure in the same manner as adjacent concrete. 9. Repair isolated random cracks and single holes not over 1" in diameter by dry -pack method. Groove top of cracks and cut-out holes to sound concrete and clean of dust, dirt, and loose particles. Dampen cleaned concrete surfaces and brush with neat cement grout coating or concrete bonding agent. Mix dry -pack, consisting of one part Portland cement to two and one half (2-'/2) parts fine aggregate passing a No. 16 mesh sieve, using only enough water as required for handling and placing. Compact dry -pack mixture in place and finish to match adjacent concrete. Keep patched area continuously moist for not less than 72 hours. a) Use epoxy -based mortar for structural repairs, where directed by Owner. b) Repair methods not specified above may be used, subject to acceptance of Owner. H. Quality Control Testing During Construction: 1. Sampling and testing for quality control during the placement of concrete may include the following, as directed by the Owner: 2. Sampling Fresh Concrete: ASTM C 172, except modified for slump to comply with ASTM C 94. 3. Slump: ASTM C 143; one test for concrete load at point of discharge; and one test for each set of compressive strength test specimens. 4. Air Content: ASTM C 173, volumetric method for lightweight concrete; ASTM C 231 pressure for normal weight concrete; 1 for each set of compressive strength test specimens. 5. Concrete Temperature: Test hourly when air temperature is 40°F and below, and when 80°F and above; and each time a set of compression test specimens is made. 6. Compression Test Specimen: ASST. C 31; one set of six (6) standard cylinders for each compressive strength test, unless otherwise directed. Mold, label, and store cylinders (do not leave on site) for laboratory cured test specimens except when field -cure test specimens are required. 7. Compressive Strength Tests: ASST. C 39; one set for each one hundred (100) cubic yards or fraction thereof, of each concrete class placed in any one day or for each five thousand (5,000) square feet of surface area place; two (2) specimens tested at seven (7) days, three (3) specimens tested at twenty-eight (28) days, and one (1) specimen retained in reserve for later testing if required. Testing will be done by the Contractor with on expense to the Owner. a) When the frequency of testing will provide less than five (5) strength test for a given class of concrete, conduct testing from at least five (5) randomly selected batches, or from each batch if fewer than five (5) are used. b) When the total quantity of a given class of concrete is less than fifty (50) cubic yards, the strength test may be waived by the Owner if , in his judgment, adequate evidence of satisfactory strength is provided. c) When the strength of field -cured cylinders is less than eight -five percent (85%) of companion laboratory -cured cylinders, evaluate current operations and provide corrective procedures for protecting and curing the in -place concrete. End of Section SECTION 06 IRRIGATION I. General A. Qualifications of Bidder -Licensing 1. The Bidder shall supply the name and license number of the licensed irrigator who is responsible for the project with the bid submittal. The 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 times 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. B. Codes and Standards The Bidder is to conform to all local, state, and federal codes and ordinances. C. Discrepancies It is the intent of this contract that all work must be completed and all material must be furnished in accordance with the generally accepted practice of the area. In the event of any discrepancies between the plans and specifications or doubts as to the meaning and intent of any portion of the contract, the Owner shall define what is intended to apply to the work. H. Site Conditions A. Examination of Sites 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 oneself with all utilities and to provide for their safety. Damage to utilities will be repaired at the Contractor's expense. 2. Water Supply (if applicable) - Meter or other water source already installed. The Contractor is responsible for hook-up to system from the existing water meter. The connection and DCV shall be size as specified. 3. Electrical Power Supply (if applicable) - The Contractor shall coordinate with the Owner the connection of power to the controller. The Contractor shall provide a plug out of the controller. The Contractor shall run irrigation control wires to the controller as located by the owner. 4. Bores /Road crossings (if applicable) - Contractor is responsible for bores and sleeving necessary to go under city streets/utility drives to provide any utility service to the project site. Bored holes shall be of the smallest diameter that will permit installation of encasement pipe. Pipe sleeving under city streets, park roads, and or parking lots shall be 16-gauge smooth steel pipe with a minimum wall thickness of one -quarter (1/4") inch when pipe size is greater than four (4") inch diameter. Irrigation lines crossing sidewalks shall be sleeved with Schedule 40 PVC pipe twice that of the pipe when line is less than six (6") inch diameter. Pipe to be large enough for irrigation pipe and conduit for electrical control wires (if necessary). Notes shown on plans shall over ride specifications. Sleeves shall extend at least two (T) feet out from under the surface structure. k I M. Field Quality Control '^ A. Responsibility of Materials The Contractor shall be responsible for all materials furnished by him and shall replace at his own expense all material found to be defective in manufacture or if it has become damaged in handling after shipment. B. Responsibility of Property 1. The Contractor shall be responsible for the protection and preservation of all plant material, monuments, and structures during installation. Any damage shall be repaired or replaced by the Contractor, at his own expense, to the satisfaction of the Owner. 2. All trenching or any excavation is to be no less than six (6) feet from the trunk of any plant material. If questions arise, the Contractor shall contact the Owner for clarification. C. Barricades and Protective Measures 1. The Contractor shall be responsible for the protection of unfinished work. The Contractor shall, at his own expense, furnish and erect such barricades, fences, lights, and danger signals. He shall also take such other precautionary measures for the protection of persons, property, and the work as may be necessary. 2. The Contractor shall be responsible for all damage to the work due to failure of barricades, signs, and lights to protect it. When damage is incurred, the damaged portion shall be immediately removed and replaced by the Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to of City's certificate of acceptance of the project. IV. Submittals A. Shop Drawings Contractor shall submit shop drawings to the Owner before installation of equipment. Shop drawing to include complete layout and detail drawings illustrating the location and type of all heads, valves, piping circuits, controls, and accessories. B. Maintenance Materials At the. completion of the job, the Contractor shall furnish spare parts, special tools, and equipment required to operate and maintain the system. C. Maintenance Data The Contractor shall furnish two (2) copies of parts list and repair manuals for controllers, valves, and heads. D. Project Record Document The Contractor shall prepare "as -built" plans 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" plans are submitted and approved by Park Development staff. "� 2 I 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 All polyvinyl chloride pipes shall be class 200, SDR 21 un-plasticized polyvinyl chloride, Type I, Grade I. 2. Polyethylene Line All polyethylene line shall be Agricultural Products, Inc. 1/4" 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 pipes must conform to ASTM. D-2241 c. All lateral piping under four (4) inches shall be solvent weld. d. All mainline piping four (4) inches and larger shall use belled ends or belled couplings using rubber gaskets in twenty- (20) foot laying lengths. e. All fittings for four (4) inches or larger mainline shall be 200 psi Gasketed Fittings. f. All fittings shall be pressure rated for 200-psi maximum working pressure. g. Gaskets shall be designed for pressure and vacuum with maximum deflection (ASTM F- 477). h. PVC Fittings (1) Schedule 40 fittings must conform to ASTM D-2466. (2) Schedule 80 fittings must conform to ASTM D-2464. j. Three (3) X Four (4) Male adapters shall not be used. 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 acceptable as specified Sec. 06, C, 5B. d. Lateral line fittings: Schedule 40. 5. Flow Meter N* a. Bermuda 910WM-P shall be installed at each water source as specified on the irrigation plans. b. Wire not in this Contract c. Size to handle design flow as specified on the irrigation plans. (1) 1-3" Cooke Park M (2) 1- 3" Duran Park (3) 2- 2" Lopez Park (4) 1- 2" Reagan (5) 1- 2" Sims Park (6) 1- 3" Strong Park .. (7) 1- 3" Underwood d. Valve boxes to be used. (See V. Products, B., 7., Valve boxes, 3.) 0" 6. Valves e. Manual Control Gate Valve All gate valves shall have resilient seats, iron body, bronze mounted throughout, threaded 3/4", brass or bronze, and shall meet all requirements of AWWAC 509. All aw valves shall be mechanical joint. 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. f. Quick -coupler Valves (8) Buckner by Storm # QB44RC10, 1", Single lug, 2-piece body, heavy cast bronze `or approved equal'. (9) Standard cover. (10) The Contractor shall supply the Owner with two- (2) valve keys for each Quick - coupler type. (11) Installed with minimum ten- (10) inch diameter with a minimum six- (6) inch opening concrete doughnut (for 1" valves). Donuts shall be installed flush with finished ground level and shall not shift when walked upon. - g. Section Valve (Rainbird PESB Series or `approved equal') (1) Pressure Regulating Module PRS-B (required on spray and drip zones). (2).. (3) Direct burial, remote control electric valve normally closed. (4) Solenoid - Waterproof molded epoxy resin construction having no carbon steel components exposed. (5) Actuator - Stainless steel enclosed in a watertight protection capsule with a molded in place rubber exhaust port seal. Spring shall be stainless steel. (6) Diaphragm - Dual ported, made of nylon reinforced nitril rubber (7) Flow adjustment system. (8) Cold water working pressure -200 psi PM 4 (9) Heavy-duty glass -filled UV resistant nylon with stainless steel studs and flange nuts. h. Double Check Valve (1) The double check valves shall be a Febco series 850 "or approved equal". Size to handle design flow as specified on the irrigation plans. 3-2" Cooke Park (2) 3- 2" Duran Park (3) 4- 2" Lopez Park (4) 2- 2" Reagan (5) 2- 2" Sims Park (6) 3- 2" Strong Park (7) 3- 2" Underwood (2) The unit shall have non -rising stem resilient seat gate valves. (3) The unit shall consist of four (4) test cocks with plugs, which provide for in -time testing and maintenance. (4) The double check valves are to be accessible from the top of the device without removing the check valve body from the line. (5) Stainless steel springs and corrosion resistant materials shall be used throughout. (6) Valve boxes to be used. (See V. Products, B., 7., Valve boxes, 3.) 7. Valve Boxes a. Valve Box (Ametek "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 bricks shall be used). (4) Bolt -in green lid with cover lift holes (rectangular, lid shall have snap lock tab closure). 8. Sprinkler Heads. a. Specified Head #1: Rainbird 1800PRS, 15 Series (or "approved equal") (1) Body: Shall be Rainbird 1804 PRS and (or "approved equal') Non -corrosive cycolac and stainless steel construction. (2) Pop-up design with pressure regulation. (3) 15' radius at 30 psi. with .93 GPM on 90 degree, 1.85 GPM on 180 degree emitter. (4) Precipitation Rate: 1.83"/hr for 90 degree and 180 degree heads. b. Specified Head #2: Hunter 125 series for flow rates ranging between 9 and 25 gpm, `and approved equal'. (1) Sprinklers shall be pop-up type with gear drive for full circle and part circle coverage. The final gear drive and bull gear drive shall be made of stainless steel and brass. The nozzle and drive assembly shall also be encased in stainless steel. (2) Sprinklers shall be mounted up to one-half (1/2") inch below finished grade. 9 c. Specified Head #3, Hunter 120 with standard nozzle for flow rates ranging between three (3) and six (6) gallons per minute `or approved equal'. (1) Sprinklers shall be pop-up type with gear drive for full circle and part circle coverage. The final gear drive and bull gear drive shall be made of stainless steel and brass. The nozzle and drive assembly shall also be encased in stainless steel. (2) Sprinklers shall be mounted up to one-half (1/2") inch below finished grade. 9. Controller (Hunter ICC `or approved equal'). The controller shall be a 40 station hybrid type, that combines elctro-machanical and microprocessor based circuitry cabable of fully automatic, semi automatic, and manual control irrigation systems. The controller shall be housed in a pedestal, heavy-duty, painted metal, weather resistant cabinet with a key lock door and shall be suitable for outdoor applications. The controller door shall be easily removable once it has been unlocked and opened. The controller's face panel shall be a swing open type and shall be easily removable for installation or maintenance. The controller shall operate on 117 VAC ± 10% at 60Hz and shall be capable of operating up to two 5.5 VA 24 VAC electric remote control valves per station plus a master valve or a pump start relay. The controller shall have an electronic diagnostic circuit breaker that shall sense a station with an electrical overload or short circuit and shall bypass the station and shall continue to operate all other stations in the program in sequence. The controller shall utilize an indicator light to alert the operator to the electrical problem and shall also display the problem station until the operator depresses the front -face - panel reset button. Controllers shall be placed not more than 50' back of curb line on parks. 10. Lightning Arrestors with Grounding Rods (if applicable). a. Arrestor to be installed at controller by Contractor. Contractor shall install lightening rods. b. Ground Rods -Copper coated steel using copper coated or bronze one-piece clamps. 11. Control Wiring a. All 24 volt wiring to be ## AWG-annealed copper, Baron UF, 600 volt, PVC coated UL approved direct burial. b. All wire to be single stranded, one wire for each electric valve and a common wire. (1) 12 gauge Common wire ra+ (2) 14 gauge Zone wire c. All control wires to be installed at minimum depth of eighteen (18") inch and directly alongside any pipe if the same ditch is used. u 12. Irrigation Pump Station (Chameleon Pump Station CPS##CFBPME by Cycle Stop "or approved equal"). a. Flow base pressure maintenance. 7 b. Self contained enclosure, placed on an 8 feet by 10 feet concrete pad. c. To be installed by the Contractor. d. 250 gpm pump — 40 psi boost, 240v single phase (Duran). e. 150 gpm pump — 40 psi boost, 240v single phase (Sims and Reagan each). 6 W 13. Miscellaneous Equipment a. Wire Connectors shall be 3M model DBY. b. Provide moisture -proof connection for underground wiring. c. Solvent Cementing (1) Primer- Weld -On P-68 Purple Colored Only (All pipe and fittings) (2) Solvent- 1/2" thru 1 '/z" Weld -On #705; 2" thru 10" Weld -On #717. (3) Manufactures Recommendations shall be followed at all times. d. Thrust Blocks (1) Concrete "ready -mix" - 3,000 PSI. in 28 days with number #3 rebar installed. To be placed at all angles and terminal ends of two and one-half (2 '/2") inch or greater pipe. To be placed at all angles (90's, 45's, tees) and at terminal ends of pipe. (Refer to Thrust Block Detail) Thrust Blocks must be installed against the pipe and extend to twelve (12") inches of an undisturbed vertical wall of the trench. All pipe and fittings to be wrapped in thirty (30) pound felt to protect from movement. e. Fresh water line shall be no less than schedule 40 and have a six (6') foot minimum horizontal separation from all other underground utilities. f. All pipe to have a one (1') foot minimum vertical separation from all non -like utility lines. VI. Execution A. Handling of Materials 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: Six (6") inches b. Minimum cover over installed supply piping: Eighteen (18") inches c. Minimum cover over installed branch piping: Fourteen (14") inches d. Minimum cover over installed outlet piping: Fourteen (14") inches e. Maximum centerline depth main line shall not exceed twenty-four (24") inches at zone valves. 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 three (3") inches to allow for a three (3") inch layer of finely graded sand under all piping. After the piping is installed, finely graded sand shall be placed around the piping up to a point three (3") inches above the piping. 9. All trenches are to be inspected and approved by Owner before covering. 10. Trench digging machinery maybe used to make trench excavation except in places where operation of it 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 has been advised whether or not they are shown on the drawings, sufficiently in advance of the trenching to w make whatever provision necessary to prevent damage thereto. Extreme care shall be used to prevent such damage and the Contractor shall be fully responsible for damage to any such lines. 12. There will be no classification of, or extra payment for excavated materials and all materials encountered shall be excavated as required. Adjacent structures shall be protected from damage by construction equipment. All excavated material shall be piled in a manner that will not endanger the work or existing structures and which will cause the least obstruction to roadways. 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 backfill, shall be disposed of by the Contractor, and at the Contractor's expense as directed by the Owner. 15. All trench backfill shall be flooded to prevent settling to 95% Standard Proctor Maximum Density. Tamping is required, at road crossings the material shall be placed in 8-inch layers, moistened if necessary, and thoroughly compacted with mechanical tampers from the bottom of the trench to the finish grade to a density of at least 95% of maximum density at optimum moisture as determined by ASTM D698. 16. It is understood that the piping layout is dynamic and piping shall be routed in such a manner to achieve the intent of the plan. C. Installation 1. Install pipe, valves, controls, and outlets in accordance with manufacturer's instructions. 2. Connect to utilities. 3. Set outlets and box covers at finish grade elevations. 4. Provide for thermal movement of components in system. 5. Swing Joints a. Swing joints shall be used on all rotary gear driven sprinklers and shall be of the same diameter as the inlet opening and shall have a twelve (12") lay length. b. Pre -manufactured swing joints shall be used as manufactured by Spears, Lasco G132- 212, or KBI TSA-1000TT. c. Swing joints for quick coupling valves shall be made up using Spears brass female thread ell outlets 591-010-8BRA with brass extension nipple. 6. Use flexible risers on all fixed head pop-up sprinklers. 8 4 .: 7. Wiring: a. All wiring shall be Type UF, copper direct bury type made for the irrigation industry. Wiring shall be color -keyed: 12 ga. white for ground, 14 ga. red for operation of equipment, and a one (1) foot loop in each valve box of a 12 ga green and a 12 ga.yellow spare. b. Wire splices will only be allowed to occur within an accessible control box. Inline direct burial splices will not be allowed. Wire splices shall be DBY model as manufactured by r 3M Company or approved equal. c. Provide looped slack at valves and turns in trench to allow for contraction of wires. d. All wire passing under existing paving, sidewalk, etc., shall be encased in plastic conduit extending at least twelve (12") inches beyond edges of paving or construction. e. All electrical control wiring shall be wrapped together on 10-feet increments with plastic straps. An electrical wiring schematic shall be furnished with the equipment. f. Tracer wire and warning tape shall be installed with all fresh water piping. Tracer wire 16 Gauge CU. shall have the insulation removed for at least six (6") inches every thirty (30') feet of run. Potable Water Warning tape shall be run at half the depth of the top of the pipe. 8. After piping is installed, but before outlets are installed and backflll commences, open valves and flush system with full head of water. 9. Dissimilar Materials Piping Joints: Construct joints using adapters that are compatible with both piping materials, outside diameters, and system working pressure. 10. Concrete Thrust Blocks are required at all turns and dead -ends on pipe sizes three (3") inches and over. Pipe of smaller sizes may also require thrust blocks if so directed by the Owner. Concrete shall have a twenty-eight (28) day compressive strength of 3000 psi, minimum. (See Detail) 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 before joining. Keep clean during laying operations by means of plugs or other approved methods. 3. All lumber, rubbish, and large rocks shall be removed from the trenches. Pipe shall have firm, uniform bearing for the entire length of each pipeline to prevent uneven settlement. 4. Do not lay pipe in water, or when trench or weather conditions are unsuitable for work. 5. When work is not in progress, securely close the open ends of pipe fittings so that no trench water, earth, or other substance will enter pipes or fittings. 6. Take up and relay any pipe that has the grade or joint disturbed after laying. 7. Fittings at bends in the pipeline and at ends of lines shall be firmly wedged against the vertical face of the trench, but not against rock. 8. Thrust blocks to be used. (See V. Products, B., 12.d., Thrust Blocks) 9. Make joints in all threaded fittings by applying Teflon tape on male threads. Use of Teflon dope is prohibited. 10. Where threaded PVC connections are required, use threaded PVC adapters. 11. There shall be no less than nine (9) inches of pipe between any two fittings, except for close nipples used in swing joints. '..' 9 12. No cross tees or street ells are to be used at any time. 13. On cut pipe, all burrs to be removed, tees and pipe to be cleaned, and primer and solvent applied as to standard application process. 14. After pipe has been solvent weld, do not apply water pressure for a time less than that of the manufacture's recommendation, considering current weather conditions. 15. All pipe shall be installed so that manufacture's markings are facing in the up position. 16. Excess PVC Solvent shall be removed from joints before drying to prevent pipe weakening. Pipe connections made with excess solvent will not be accepted. 17. Solvent welding will not be permitted if weather conditions prevent joints from remaining free of dirt or moisture, while the joint is being made. Also, if the temperature is below that specified by the pipe or solvent manufacturer's recommendations. 18. The Owner must be given twenty-four (24) hour notice before the pipe trenches are covered •• so that Owner's representative may be present for inspection. After the pipe system has been inspected and approved, trenches may be closed. 19. All pipe shall have a one (1') foot minimum vertical separation from all utility lines in close proximity. 20. Thrust blocks to be used. (See V. Products B.,12d. Thrust block) 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 three (3") inches below bottom of valve. Valve box extensions shall be used as necessary and shall be compatible with the valve box. 2. Double check valves two (2) inches or smaller shall be installed with PVC unions on both sides of the valve assembly. Double check valves three (3) inches or larger shall be flange mounted. xMOWN ,('." 'i. J� R'`rf a+ P�sf 'u �a ,�&`d wtq �n t Asa; 3.. v ..t�a� �ii �� olllN valve:. 4. After installing valves and valve boxes, backfill holes with a three (3") inch minimum washed gravel, three-quarters (3/4") inch size up to bottom of valve. 5. Quick -coupler valve to be installed on swing joint. Top to be flush with finish grade. F. Sprinkler Heads 1. All sprinkler heads to be installed at spacing indicated on plans. 2. Sprinkler heads installed on swing joint assemblies shall be installed so that the top of head is slightly above ground level to allow for settling. 3. All sprinkler heads to be set to property arc by the Contractor. 4. All sprinkler heads to be installed six (6) inches from existing and/or proposed fence line G. 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. '"'"' 10 2. The lateral lines will be flushed just before head installation. The flushing procedure will consist of pointing all swing joints away from ditch line to prevent contamination. Next, open the valve with full working pressure and begin capping each swing joint with a threaded cap, beginning with the swing joint closest to the valve and ending with the swing joint the greatest distance from the valve. Twenty-four (24) hour notice must be given to Owner's representatives for inspection. 3. Flush pipes until free of all rock, dirt, trash, pipe shavings, and debris. '^ H. 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. -+ I. Backfill 1. Trenches to be backfilled with the excavated earth from trench work. All rocks and debris to be removed and no item larger than one (1) inch diameter to be placed back in the trench. A R*"! warning tape is to be placed approx. 6" above the top of the pipe or 2"d 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 Controller (if applicable) 1. Contractor to locate controller as indicated on plans. 2. Contractor shall install a concrete slab four (4) inches thick flush to ground. The Contractor shall provide and install a stainless steel rain -tight controller pedestal, which is designed for use with the specified controller. Contractor shall install grounding rod through concrete slab inside of the stainless steel rain -tight box. 3. Contractor shall install rigid conduit from edge of slab, ell up through and attach to controller box. One conduit for power source; one conduit for common/section wires. 4. Power wire conduit to be 3/4" diameter rigid conduit to meet city code. 5. One duplex plug shall be installed in the controller box. .� 6. The Owner shall provide a telephone line for the controller. The Contractor shall provide a conduit for the installation of the telephone line into the controller housing. K. Wiring 1. Control wires from controller to valves shall be laid in sprinkler line trenches (if applicable - wiring to be installed along wiring route on plan). 2. Control wires to be taped together every twenty (20) feet along trench. 3. Expansion loops shall be made at every turn in the trench and every 50 foot length of wire run by wrapping at least five (5) turns of wire around a one (1) inch rod or pipe. Next, withdraw the rod leaving turns in wire. z 4. All wire connections or splicing work shall have moisture proof connectors, and their location must be denoted on the as -built plan. Contractor shall minimize amount of splices. 5. Common valve wiring shall be white through entire system. 6. Section valve wiring shall be red through entire system. White wire may not be used as section wire. I 61 L. Lightning Arrestors and Rod l . A lightning arrestor and rod shall be installed at each controller. The rod shall be installed by the contractor and placed within the concrete slab below the controller. 2. Rod shall be copper coated steel, minimum 8 feet long, and 5/8" diameter. 3. Rod shall have minimum resistance of twenty-five (25) OHMS or less. 4. Rod to be connected to controller by a copper coated or bronze one piece clamp. 5. Wire used to connect controller to lightning rod shall be 6 gauge solid copper wire or one gauge larger than power wires, whichever is largest. M. 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 backfill, 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 twenty-four (24)-hour period prior to testing. 4. Pressure test main lines with 100 psi for a period of two (2) hours. Allowable leakage shall be as determined by the formula listed in AWWA C600. The Owner will witness and approve all tests. Notify the Owner at least twenty-four (24) hours in advance of all testing. 5. Provide all testing equipment and personnel required to complete the testing procedure. Repeat testing as required. 6. Flush, clean, adjust, and balance all systems. 7. Adjust heads for proper coverage. 8. Potable Water Lines: Hydrostatic test for six (6) hours at 150 psi. There shall be no leaks whatsoever. 9. 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. 12 r VHL Clean up and Adjusting A. Removal of Site Debris. The Contractor shall: 1. Make final clean up of all parts of work. 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 restore site to its original condition. 5. Flush dirt and debris from piping before installing sprinklers and other devices. f 6. Adjust automatic control valves to provide flow rate of rated operating pressure required for each sprinkler circuit. 7. Carefully adjust lawn sprinklers so they will be flush with, or not more than one-half (1/2") inch below finish grade after completion of landscape work. 8. Adjust settings of controllers and automatic control valves. s., 9. 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 specific procedures are prescribed by proceed as follows: a. Verify that specialty valves and their accessories have been installed correctly and operate correctly. b. Verify that specified tests of piping are complete. c. Check that sprinklers and devices are correct type. d. Check that any damaged emitters, valves and devices have been replaced with new materials. e. Check that potable water supplies have correct type backflow preventers. f. Energize circuits to electrical equipment and devices. g. 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 that automatic controls function properly. 2. Demonstrate to the Owner's maintenance personnel operation of equipment, sprinklers, specialties, and accessories. Review operating and maintenance information. 3. Provide a seven (7) day written notice in advance of demonstration. �'"' 13 i IMI 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. 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 the Owner has made request, 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 t"t r n 4. "� 14 r� �,�«'. _ _ r "'�" 2 SPECIAL CONDITIONS ITB #266-02/RS - City of Lubbock New Parks Construction The following items are clarification items or additional items to be attached to, and supercede, the specifications or drawings. Clarifications: The Contractor of ITB#266-02/RS, Bid (Item #1) Grading, Dirt work, Demolition and Concrete, (hereafter (Item #1). 1. The excavation of soils in the playgrounds as necessary to provide 6" of compacted caliche base to within 2" of the adjacent concrete sidewalks surrounding the playground will be the responsibility of the Contractor (Item #1). 2. The Contractor (Item #1) shall be responsible for the concrete footings necessary for the separation of "Sand Pits" from safety surface areas as delineated on the plans. 3. The Contractor (Item #1) will be responsible for the excavation of soils in the playgrounds marked by Others as "Sand Pits" to a minimum depth of 10" below the grade of the adjacent concrete sidewalks surrounding the playground. 4. It is required that the Contractor (Item #1) be responsible for the construction of the caliche pad and adjacent sidewalks around the playground area build and compact the caliche base first, and then construct the adjacent sidewalk after substantial installation of the play equipment. 5. Sand for playground areas shall be supplied and installed by Contractor (Item #1). Contractor (Item #1) shall only be responsible for proper excavation of sand pit areas as per plans. 6. Once the caliche base has been installed, and prior to any safety surface material being placed upon it by Others, a third party will conduct density test of the caliche base to insure compliance of the 95% standard proctor density requirement. 7. The Contractor (Item #1) shall be responsible for "feathering" soils adjacent to all new sidewalk areas so soil is within 1" of finished grade of adjacent concrete sidewalk. 8. The Owner will supply all benches, picnic tables, and drinking fountains for the project(s). It shall 4 be the Contractor's (Item #1) responsibility for the proper installation of these items. 9. The "Pavilions" noted on the Master Plan sheets shall be installed by the Owner. The Contractor (Item #1) will be responsible for the installation of the concrete flat work surrounding and under these pavilions as noted on the concrete plans. r 10. "Playmisters" are being installed by Others on all park sites. These "Playmisters" will not require a double-check valve assembly. Water source for "Playmister" shall be supplied to location by Contractor (Item #1). Contractor (Item #1) shall bring the water source twelve inches (12") inside of the playground perimeter sidewalk, where it will be stubbed up and clearly marked. Others '^ shall then be responsible for the connection to this line and the plumbing necessary to run it to the proper location of the Playmister, where it will be installed by Others. MUQ 11. There are no tree or grass installations on this project. The Contractor (Item #2) shall be required to meet all fine grading requirements as listed in the specifications. 12. After installation, the Contractor (Item #1) shall submit to the Owner complete and accurate "As Built" drawings showing the location and placement of hardscape elements, and other items. 13. Lines and grades shall be accurately furnished by OWNER. 14. Due to the possibility of multiple Contractors working on the same project site at the same time, �a regular and thorough communication will be required between the Contractors, as well as with the Owner. 15. All underground electrical conduit (Contractor (Item #2)) shall be installed with a minimum of thirty-six inches (36") of cover over the line. No electrical wiring is to be installed in this conduit. Drawings: 1. Sheet L-11: Owner will remove existing playground equipment at all park sites. Contractor (Item #1) shall not be responsible for the removal of the equipment on any park site. 2. Sheet L-12: Contractor (Item #1) add ten (10) additional feet of five foot (5') wide concrete sidewalk to quantity. The trail marked "Future Walking Trail" will not be installed at time of construction, hence it will be necessary to connect the new playground with the existing parking lot with a continuous sidewalk. 3. Sheet L-17: Contractor (Item #2) add sixty feet (60') of new %z" PVC drinking water line base of "playmister" location. Contractor (Item #1) coordinate with Others as to exact placement of termination of water line. 4. Sheet L-21: Contractor (Item #1) area labeled "Future Sand Volleyball Court" to be bordered by a twelve inch (12") concrete border on the East, South, and West sides. The North side shall be bordered with a six foot (6') concrete sidewalk connecting to the main adjacent sidewalk. 5. Sheets L-36, L-37, L-38, L-39, L-40, L-41, and L-5 of A: Contractor (Item #1) add fifty linear - feet (50') of twelve inch (12") concrete bed border. Placement of these elements will be designated in the field. Clarifications: The Contractor of ITB#266-02/RS, Bid (Item #2) Irrigation System Electrical Conduit and final, (hereafter (Item #2)) 1. It is required that the Contractor (Item #1) be responsible for the construction of the caliche pad and adjacent sidewalks around the playground area build and compact the caliche base first, and then construct the adjacent sidewalk after substantial installation of the play equipment. P"" 2. The Contractor (Item #1) shall be responsible for "feathering" soils adjacent to all existing sidewalk areas so soil is within 1" of finished grade of adjacent concrete sidewalk. 3. "Playmisters" are being installed by Others on all park sites. These "Playmisters" will not require a double-check valve assembly. Water source for "Playmister" shall be supplied to location by Contractor (Item #2). Contractor (Item #2) shall bring the water source twelve inches (12") inside of the playground perimeter sidewalk, where it will be stubbed up and clearly marked. Others 0 4 shall then be responsible for the connection to this line and the plumbing necessary to run it to the proper location of the Playmister, where it will be installed by Others. 4. Water line supplying the drinking fountains shall not require a double-check valve assembly. 5. There are no tree or grass installations on this project. The Contractor (Item #2) shall be required to meet all fine grading requirements as listed in the specifications. 6. Due to hydraulic factors, all new park sites will have irrigation controllers that will need to be �* configured to run multiple stations simultaneously. 7. All irrigation sheets should be considered diagrammatic. All "Playground" areas shall be free of underground irrigation water lines. Where, in the construction process, the Contractor (Item #2) can identify a more logical and balanced zone configuration, he shall coordinate with the Owner and Landscape Architect for approval. No additional cost to the project for this re -configuration will be allowed. 8. After installation, the Contractor (Item #2) shall submit to the Owner complete and accurate "As Built" drawings showing the location and placement of underground lines, valves, heads, hardscape elements, and other items. 9. Lines and grades shall be accurately furnished by OWNER. 10. Due to the possibility of multiple Contractors working on the same project site at the same time, regular and thorough communication will be required between the Contractors, as well as with the Owner. 11. All underground electrical conduit (Contractor (Item #2)) shall be installed with a minimum of thirty-six inches (36") of cover over the line. No electrical wiring is to be installed in this conduit. 12. The water line (Contractor (Item #2)) for the drinking fountains and "Playmisters" shall have a ball valve of equal size installed as per directed in field. This shall represent three (3) ball valves per site where drinking fountains or "Playmisters" are to be installed. Drawings: 1. Disregard irrigation valve sizes shown on plans. All valves shall be two inch (2") Rainbird PESB valves. 2. Sheet L-2A-Reagan Park Master Plan- Add one thousand, five hundred feet (1,500') of two and one-half inch (2 %") electrical conduit and eight (8) Junction Boxes (as identified in Item 23 of this sheet). 3. Sheet L-SA-Reagan Park Irrigation- Add twenty-two (22) Hunter I-25SS heads to the project. The nozzle selection and field placement will be dictated by clarification during project construction. Add three (3) 3" zone valves, with accompanying wiring. 4. Sheet L-17: Contractor (Item #2) add sixty feet (60') of new %z" PVC drinking water line base of "playmister" location. Coordinate with Contractor (Item #1) as to exact placement of termination of water line. 5. Sheet L-21: New water meter locations will have both meters located at the NW corner of the park site. ram+ 6. Sheet L-21: Contractor (Item #1) area labeled "Future Sand Volleyball Court" to be bordered by a twelve inch (12") concrete border on the East, South, and West sides. The North side shall be *^� bordered with a six foot (6') concrete sidewalk connecting to the main adjacent sidewalk. 7. Sheet L-21 Contractor (Item #2) eliminate the potable water line extending from the double- check assembly off of Cedar Avenue. The potable water line from 76`h Street shall service the drinking fountain and "Playmister". 8. Sheet L-36: Zone 7 reads "64 GPM", change to "83 GPM". 9. Sheet L-36: Zone 10 reads "82 GPM", change to 1192 GPM". 10. Sheet L-36: Zone 16 reads "64 GPM", change to "55 GPM". 11. Sheet L-36: Zone 37 reads "74 GPM", change to "64 GPM". 12. Sheet L-36: Zone 41 reads "64 GPM", change to "110 GPM" and adjust during construction with adjacent valves to lower to approximately 92 GPM. 13. Sheets L-36, L-37, L-38, L-39, L-40, L-41, and L-5A: - Change spray head type from "Rainbird 1804-PRS-I5-VAN" to "Rainbird 1804-PRS-15". 14. Sheet L-38: Change all valves labeled "2 %"" to 443". 15. Sheet L-39: Add ten feet(10') of 4" mainline, one (1) new 2'/2" valve, and seventy feet (70') of two and one -quarter inch(2 '`/4") pvc line to total quantities identified on the sheet. 16. Sheet L-39: Mainline shall be 4". 17. Sheet L-39: Add four (4) 4" isolation valves to be placed on mainline as directed in field. 18. Sheet L-40: Change all valves labeled "2 %"" to "3". 19. Sheet L-41: Zone 7 reads "74 GPM", change to "92 GPM". 20. Sheet L-41: Zone 18 reads "74 GPM", change to "64 GPM". 21. Sheet L-41: Zone 21 reads "74 GPM", change to "83 GPM". 22. Sheets L-16, L-17, L-18, L-19, L-20, L-21, and L-2 of A: Where underground electrical conduit is shown for future park lighting, the Contractor shall furnish and install one (1) Junction Box (Associated Plastics 1419-1, or approved equal) at each future light pole location. 23. Sheets L-16, L-17, L-18, L-19, L-20, L-21, and L-2 of A: Where underground electrical conduit is shown for future park lighting, the Contractor shall install a "Pull String" in the conduit for the ease of future wire installation. 24. Sheets L-36, L-37, L-38, L-39, L-40, L-41, and L-5 of A: Add one (1) one inch (1") quick coupler valve, one (1) one inch (1") PRS-B, zone valve, disc filter, and one hundred eighty five feet (185') of Netafim Techline, .92 GPH @ twelve inch spacing to the planter bed. Placement of these elements will be designated in the field.