HomeMy WebLinkAboutResolution - 2006-R0408 - Contract To A.B Davis Park - Hub City Pavers, Inc. - 08/24/2006Resolution No. 2006-RO408
August 24, 2006
Item No. 5.18
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock
and Hub City Pavers, Inc., of Lubbock, Texas, for Accessibility Renovations for A.B.
Davis Park (RFP#06-704-BM), which Contract and any associated documents, are
attached hereto and made a part of this Resolution for all intents and purposes.
Passed by the City Council this 24th day of August '2006.
s
ATTEST:
Reb ca Garza, City Secretary
APPROV D S '1 �ONTENT:
Randy Truesdell, Community Services Director
OVED AS
Vandiver, Attorney
DDres/HubCityADAconRes
August 16, 2006
BAND CHECK
BEST RATING
LICENSE I �w
DATE!- BY
CITY OF LUBBOCK
SPECIFICATIONS FOR
ACCESSIBILITY RENOVATIONS FOR A.B. DAVIS PARK
RFP #06-704-BM
CONTRACT 46953
Plans & Specifications may be obtained from
THE REPRODUCTION COMPANY
http://i)r.thereproductioncoml)any.com/
Phone: (806) 763-7770
"A City of Planned Progress"
CITY OF LUBBOCK
Lubbock, Texas
RFP # 06-701-BM, Addendum # I
City of Lubbock
PUBLIC WORKS CONTRACTING OFFICE
SUITE 102, MUNICIPAL BUILDING
1625 137H STREET
LUBBOCK, TEXAS 79401
PH:(806)775-2163 FAX:(806)775-3326
http://purchasing.ci.lubbock.tx.us
ADDENDUM #1
UP#06-704-BM
Accessibility Renovations for
A.B. Davis Park
DATE ISSUED: June 14, 2006
CLOSE DATE: June 22, 2006 @ 2:00 P.M.
The following items take precedence over specifications for the above named Request for
Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the
original requirements, not affected by this addendum, shall remain in effect.
1. Please refer to and comply with the attached Architects' Addendum #1.
All requests for additional information or clarification must be submitted in writing and directed
to.
Bruce MacNair, Interim Public Works Contracting Officer, City of Lubbock, P.O. Box 2000,
Lubbock, Texas 79457.
Questions may be faxed to (806)775-3326 or Email to Bmacnair(a,mylubbock.us .
THANK YOU,
CITY OF LUBBOCK
86W %W*&=
Bruce MacNair
Interim Public Works Contracting Officer
It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall
be the offeror's resvonsibility to advise the Citv of Lubbock Interim Public Works Contracting Officer if
anv language, requirements, etc., or anv combinations thereof, inadvertently restricts or limits the
requirements stated in this RFP to a single source. Such notification must be submitted in writing and must
be received by the Interim Public Works Contracting Officer no later than five (5) business days prior to
the proposal close date. A review of such notifications will be made.
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RFP # 06-704-BMAd 1 1
CITY OF LUBBOCK
REQUEST FOR PROPOSALS
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FOR
TITLE: ACCESSIBILITY RENOVATIONS FOR A.B. DAVIS PARK
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ADDRESS: LUBBOCK, TEXAS
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RFP NUMBER: 06-704-BM
PROJECT NUMBER: 90018.8304.20000
CONTRACT PREPARED BY: PUBLIC WORKS CONTRACTING OFFICE
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INDEX
1. NOTICE TO OFFERORS
2. GENERAL INSTRUCTIONS TO OFFERORS
3. PROPOSAL SUBMITTAL - PROPOSAL 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
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NOTICE TO OFFERORS
RFP # 6464-BM
Sealed proposals addressed to Bruce MacNair, Interim Public Works Contracting Officer, City of Lubbock,
Texas, will be received in the office of the Interim Public Works Contracting Officer, Municipal Building, 1625 13th
j Street, Suite 102, Lubbock, Texas, 79401, until 2:00 P.M. on June 22, 2006, 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:
"ACCESSIBILITY RENOVATIONS FOR A.B. DAVIS PARK"
After the expiration of the time and date above first written, said sealed proposals will be opened in the office of
the Interim Public Works Contracting Officer and publicly read aloud. It is the sole responsibility of the proposer to
pi ensure that his proposal is actually in the office of the Interim Public Works Contracting Officer for the City of Lubbock,
before the expiration of the date above first written.
Proposals are due at 2:00 P.M. on June 22, 2006, and the City of Lubbock City Council will consider the
proposals on July 13, 2006, 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 proposals and waive any formalities. The successful
proposer 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
proposer 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.
Offerors 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 proposal 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 proposal
submitted as a guarantee that proposer will enter into a contract and execute all necessary bonds (if required) within ten
(10) business days after notice of award of the contract to him. FAILURE OF THE PROPOSER TO INCLUDE
PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE
PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL.
It shall be each proposer's 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 proposal submitted. There will be a non -mandatory pre -
proposal conference on June 6.2006 at 10:00 A.M., in the Parks Conference Room,1010 9te Street, Lubbock, Texas.
Offerors may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q,
Lubbock, Texas 79405. ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S
EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT,
htti)://pr.theroroductioncompany.com/ Phone: (806) 763-7770. Additional sets of plans and specifications may be
obtained at the proposer's expense.
Attention of each proposer 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 Interim Public Works Contracting Officer of the City of
Lubbock, which document is specifically referred to in this notice to offerors. Each offerors 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 offerors that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals 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 -proposal
meetings and proposal openings are available to all persons regardless of disability. If you would like proposal
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
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J BRUCE MACNAIR, INTERIM PUBLIC WORKS
CONTRACTING OFFICER
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GENERAL INSTRUCTIONS TO OFFERORS
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2
GENERA, INSTRUCTIONS TO OFFERORS
PROPOSAL DELIVERY TIME & DATE
1.1 The City of Lubbock is seeking written and sealed competitive proposals to furnish ACCESSIBILITY
RENOVATIONS FOR A.B. DAVIS PARK per the attached specifications and contract documents.
Sealed proposals will be received no later than 2:00 P.M. CST, June 22, 2006 at the office listed below.
Any proposal received after the date and hour specified will be rejected and returned unopened to the
proposer. Each proposal and supporting documentation must be in a sealed envelope or container plainly
labeled in the lower left-hand corner: "RFP #06-704-BM, ACCESSIBILITY RENOVATIONS
FOR A.B. DAVIS PARK" and the proposal opening date and time. Offerors must also include their
company name and address on the outside of the envelope or container. Proposals must be addressed to:
Bruce MacNair, Interim Public Works Contracting Officer
City of Lubbock
1625 13th Street, Suite 102
Lubbock, Texas 79401
1.2 Offerors are responsible for making certain proposals are delivered to the Public Works Contracting
Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If
proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that
provides a receipt.
1.3 Proposals will be accepted in person, by United States Mail, by United Parcel Service, or by private
courier service. No proposals will be accepted by oral communication, telephone, electronic mail,
telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX
PROPOSALS.
1.4 The City of Lubbock reserves the right to postpone the date and time for opening proposals through an
addendum.
PRE -PROPOSAL MEETING
2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda
as needed for the clarification of the Request for Proposals (RFP) documents, a non -mandatory pre -
Lubbock. Texas. All persons attending the meeting will be asked to identify themselves and the
prospective proposer they represent.
2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not mandatory.
The City will not be responsible for providing information discussed at the pre -proposal meeting to
offerors who do not attend the pre -proposal meeting.
ADDENDA & MODIFICATIONS
3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over
the Internet at http://www.RFPdgpot.com. We strongly suggest that you check for any addenda a
minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT
INTERNET ACCESS may use computers available at most public libraries.
3.2 Any proposer in doubt as to the true meaning of any part of the specifications or other documents may
request an interpretation thereof from the Public Works Contracting Office. At the request of the
proposer, or in the event the Public Works Contracting Office deems the interpretation to be substantive,
the interpretation will be made by written addendum issued by the Public Works Contracting Office. Such
addenda issued by the Public Works Contracting Office will be available over the Internet at
http://www.RFPdgpot.com and will become part of the proposal package having the same binding effect
as provisions of the original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE
BINDING. In order to have a request for interpretation considered, the request must be submitted in
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writing and must be received by the City of Lubbock Public Works Contracting Office no later than five
(5) days before the proposal 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 Public Works Contracting Office in writing or in this RFP should be
used in preparing proposal responses. All contacts that a proposer may have had before or after receipt of
this RFP with any individuals, employees, or representatives of the City and any information that may
have been read in any news media or seen or heard in any communication facility regarding this proposal
should be disregarded in preparing responses.
3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors.
4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS
4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with all
requirements before submitting a proposal to ensure that their proposal meets the intent of these
specifications.
4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and
examinations that are necessary to ascertain conditions and requirements affecting the requirements of
this Request for Proposals. Failure to make such investigations and examinations shall not relieve the
proposer from obligation to comply, in every detail, with all provisions and requirements of the Request
for Proposals.
4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall
be given to the Interim Public Works Contracting Officer and a clarification obtained before the
proposals are received, and if no such notice is received by the Interim Public Works Contracting
Officer prior to the opening of proposals, then it shall be deemed that the proposer fully
understands the work to be included and has provided sufficient sums in its proposal to complete
the work in accordance with these plans and specifications. If proposer does not notify the Interim
Public Works Contracting Officer before offering 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 proposals.
5 PROPOSAL COPIES
5.1 BIDDER'S MUST SUBMIT THE ORIGINAL AND FIVE COPIES OF THE SEALED PROPOSAL TO
THE PUBLIC WORKS CONTRACTING OFFICE PRIOR TO RESPONSE DUE DATE/TIME.
FAILURE TO SUBMIT THE ADDITIONAL COPIES MAY RESULT IN THE PROPOSAL BEING
117, DECLARED UNRESPONSIVE. The original must be clearly marked "ORIGINAL" and the copies
must be clearly marked "COPY".
5.2 All proposals, responses, inquiries, or correspondence relating to or in reference to this RFP, and all
electronic media, reports, charts, and other documentation submitted by Bidders shall become the
property of the City of Lubbock when received.
6 PROPOSAL PREPARATION COSTS
6.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the
preparation and submission of a proposal.
6.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or
equipment.
6.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer.
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7 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT
7.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial
decision, including trade secrets and commercial or financial information, clearly identify those portions.
7.2 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 proposal 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 proposal 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.
7.3 Marking your entire proposal CONFIDENTIAUPROPRIETARY is not in conformance with the Texas
Open Records Act.
LICENSES, PERMITS, TAXES
The price or prices for the work shall include full compensation for all taxes, permits, etc. that the proposer is or
may be required to pay.
9 UTILIZATION OF LOCAL BUSINESS RESOURCES
Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local
resources, and to outline in their proposal submittal how they would utilize local resources.
10 CONFLICT OF INTEREST
10.1 The proposer 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.
10.2 By signing and executing this proposal, the proposer certifies and represents to the City the offeror 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 proposal.
11 CONTRACT DOCUMENTS
11.1 All work covered by the contract shall be done in accordance with contract documents described in the
General Conditions.
11.2 All offerors 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.
12 PLANS FOR USE BY OFFERORS
It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project
covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a
proposal without charge or forfeiture of deposit. The contract documents may be examined without charge as
noted in the Notice to Offerors.
13 PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS
13.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall
be the offerors responsibility to advise the Interim Public Works Contracting Officer if any language,
requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in
this RFP to a single source. Such notification must be submitted in writing and must be received by the
City of Public Works Contracting Office no later than five (5) calendar days before the proposal closing
date. A review of such notifications will be made.
BRUCE MACNAIR, INTERIM PUBLIC WORKS CONTRACTING OFFICER
City of Lubbock
Public Works Contracting Office
1625 13"' Street, Suite 102
Lubbock, Texas 79401
v Fax: 806-775-3326 or 806-767-2275
Email: BMacnairAmylubbock.us
RFPDepot: http://www.RFPdgpot.com
14 TIME AND ORDER FOR COMPLETION
14.1 The construction covered by the contract documents shall be substantially completed within
(WRITTEN DAYS TO BE COMPLETED BY
CONTRACTOR), (#DAYS TO BE COMPLETED BY CONTRACTOR) CONSECUTIVE
CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to
the successful proposer.
14.2 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.
15 PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
16 AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to
execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the
improvements contemplated by the contract documents have been paid in full and that there are no claims
pending, of which the Contractor has been notified.
17 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
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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.
18 GUARANTEES
18.1 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).
18.2 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.
18.3 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.
18.4 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.
19 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.
20 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 proposals
have been opened and before the contract has been awarded, to require of a proposer the following information:
(a) The experience record of the proposer 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 proposer.
(c) Equipment schedule.
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1 20 TEXAS STATE SALES TAX
20.1 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.
20.2 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.
21 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.
22 BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and
shall take such other precautionary measures for the protection of persons, property and the work as may be
necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs,
and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and
replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades,
signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the
project.
23 EXPLOSIVES
23.1 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, ferns, or corporations engaged in similar type of
construction activity.
23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor.
23.3 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.
24 CONTRACTOR'S REPRESENTATIVE
The successful proposer shall be required to have a responsible local representative available at all times while the
work is in progress under this contract. The successful proposer 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.
Ek 25 INSURANCE
25.1 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 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.
25.2 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 A PRIMARY 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.
26 LABOR AND WORKING HOURS
26.1 Attention of each proposer 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
proposer' 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 proposer'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:
26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
26.1.2 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.
26.2 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.
26.3 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.
27 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.
28 PROVISIONS CONCERNING ESCALATION CLAUSES
Proposals submitted containing any conditions which provide for changes in the stated proposal price due to
5>' increases or decreases in the cost of materials, labor or other items required for the project will be rejected and
returned to the proposer without being considered.
29 PREPARATION FOR PROPOSAL
29.1 The proposer shall submit his proposal on forms furnished by the City. All blank spaces in the form shall
be correctly filled in and the proposer 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.
29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly authorized
agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each
member must be given and the proposal signed by a member of the firm, association or partnership, or
person duly authorized. If the proposal is submitted by a company or corporation, the company or
corporate name and business address must be given, and the proposal signed by an official or duly
authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly
certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink.
29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Offerors, and
endorsed on the outside of the envelope in the following manner:
28.3.1 Proposer's name
28.3.2 Proposal for (description of the project).
29.4 Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the
proposals, but no proposal may be withdrawn or altered thereafter.
29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been
opened may not be changed for the purpose of correcting an error in the proposal price.
THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE
PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING.
17'
1 30 BOUND COPY OF CONTRACT DOCUMENTS
Proposer understands and agrees that the contract to be executed by proposer shall be bound and include the
following:
(a) Notice to Offerors.
(b) General Instructions to Offerors.
(c) Proposer's Submittal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates for Contractor and all Sub -Contractors.
0) All other documents made available to proposer for his inspection in accordance with the Notice to
Offerors.
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.
' 31 QUALIFICATIONS OF OFFERORS
The proposer 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 proposer may also be required to give a past history and references in order to
satisfy the City of Lubbock about the proposer's qualifications. The City of Lubbock may make reasonable
investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the
proposer shall furnish to the City of Lubbock all information for this purpose that may be requested. The
proposer's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence
submitted by, or investigation of, the proposer fails to satisfy the City of Lubbock that the proposer is properly
qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the
proposer's qualifications shall include but not be limited to:
4 (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required.
(b) The ability of the proposer 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 proposer.
(d) The quality of performance of previous contracts or services.
(e) The safety record of the Contractor and proposed Sub -Contractors
Before contract award, the recommended contractor for this project may be required to show that he has
experience with similar projects that require the Contractor to plan his work efforts and equipment needs with
u City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar
municipal and similar non -municipal current and completed projects for the past three (3) years for review. This
list shall include the names of supervisors and type of equipment used to perform work on these projects. In
addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work
on this project in compliance with City of Lubbock specifications herein.
32 EVALUATION CRITERIA
The following criteria will be used to evaluate and rank submittals:
32.1 Relevant Company Information/Experience (30%)
32.1.1 Provide a description of successful experience in completing similar projects. Of particular
interest are projects where the institutions continued service the public while the work is being
performed. Record of performance based on previous work with the City and/or other client
references.
32.1.2 Provide a list of construction equipment to be used to perform the work. Include age,
manufacturer, and model number.
32.1.3 Provide a list of all projects the contractor failed to complete within the last three years.
32.1.4 Provide a list of any litigation which the contractor has ever been subject to over construction
means, methods, or costs.
32.1.5 Provide a list of all construction safety citations issued to the contractor within the last three
years.
32.1.6 Provide total contract value of work performed within the last three years, by year.
32.1.7 Provide total contract value of work currently being performed for public agencies.
32.1.8 Provide total bonding capacity, and provide a list of any instances in which bonding companies
refused to bond construction work.
32.1.9 Provide name and address of bonding agent and Surety Company.
32.1.10 Provide a list of all principal public works projects completed by the contractor within the last
three years.
Hit, 32.1.11 Provide cost of largest public contract ever constructed by the contractor, and maximum value of
projects the contractor prefers to construct.
LA
32.2 Personnel (30%)
32.2.1 Provide experience, type of work and length of relationship of all proposed subcontractors.
32.2.2 Provide brief experience statements for all principal members of company, including project
managers and field superintendents.
32.2.3 Provide qualifications of any professional firm members, e.g. Professional Engineer, Surveyor,
etc.
U71 32.3 Cost (40%)
32.3.1 Project cost information will be evaluated after evaluations of offerors and listed sub -contractors'
qualifications and experience listed above have been completed. Scoring will be based on the
total cost of items as shown on the Proposal Form.
33. EVALUATION PROCESS
33.1 All proposals will be evaluated by an evaluation committee which may include senior
management representatives, a financial officer, and/or an independent consultant.
33.2 Respondents to this RFP may be required to submit additional information that the City may
deem necessary to further evaluate the offeror's qualifications.
33.3 The committee will evaluate and numerically score each proposal in accordance with the evaluation
criteria included in the Request for Proposal.
33.4 The committee will arrive at a short list of the top respondents and these short-listed respondents may be
scheduled for a structured oral presentation and interview. Such presentations will be at no cost to the
City of Lubbock. At the end of the oral presentation and interview, the evaluation of the short-listed
respondents will be completed. The oral interview may be recorded and/or videotaped.
I
F34. SELECTION
34.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most
advantageous to the City of Lubbock considering the relative importance of evaluation factors included in
this RFP.
34.2 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 REQUEST FOR PROPOSAL.
34.3 The City shall select the offeror that offers the best value for the City based on the published selection
criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected
offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or
time modification and any price change associated with the modification. If the City is unable to negotiate
a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that
offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or
all proposals are rejected.
34.4 In determining best value for the City, the City is not restricted to considering price alone, but may
consider any other factor stated in the selection criteria.
PROPOSAL SUBMITTAL
9
PROPOSAL SUBMITTAL
LUMP SUM PROPOSAL CONTRACT
DATE:
PROJECT NUMBER: # 06-704-BM.1 ACCESSIBILITY RENOVATIONS FOR A.B. DAVIS PARK
Proposal of
15
(hereinafter called Proposer)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Ladies and Gentlemen:
The Offeror, in compliance with your Request for Proposals for the construction of a ACCESSIBILITY
RENOVATIONS FOR A.B. DAVIS PARK having carefully examined the plans, specifications, instructions to
offerors, notice to offerors 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 and in accordance with the
ESTIMATED BUDGET AMOUNT of $217.988.
BASE PROPOSAL: Construct new concrete sidewalks and handicap accessible parking spaces. Work includes
demolition, removal and replacement of existing picnic tables, benches, shelters, water
Eli fountains, and designated areas of existing concrete slabs, curbs and gutters. Work also includes
the complete renovation of the irrigation system to accommodate the new sidewalk configuration.
�n
MATE
SERVI
le-elA ` 5
TOTAL
PROPOSAL/���i/.4�c��N:w?�t11
(Amount shall be shown in lioth words and nunferals. In case of discre�v,tthe amount shown in words shall govern.)
ADDITIVE
1 ALTERNATE #1: Removal and replacement of the existing concrete slab at the basketball court.
MATERIA
SERVICES
Ls: ' �- ' !1 ` '. l ' i F t ($
TOTAL ADDITIV I, />
ALTERNATE #1 l )
(Amount shall be shg<vn in both words and nu rals. In case of discrepanc(, the amount shown m words shall govern.)
Offeror's Initials
r
,€ ADDITIVE
ALTERNATE #2:
MATERIALS
SERVICES:.;,=;�
Provide, assemble and install shelters for picnic tables and shelters for park benches, including
reinforced concrete footings.
I
TOTAL AI)DITIVE
ALTERNATE
(Amount shall be shown in both words and n
TOTAL BASE
PROPOSAL AND
ALTERNATES:
MATERiA I
SERVICES
-�-
In case of discrepancy, the amount shown n words shall govern.)
TOTAL.
4 / i• " `"' "- � ram'
&.�
(Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
Proposer 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 substantially complete the project within (# Days Completed by Contractor)
I -all) (Written Days Completed by Contractor) consecutive
calendar days thereafter as stipulated in the specifications and other contract documents. Proposer hereby further agrees
to pay to Owner as liquidated damages the sum of $25 (TWENTY-FIVE) for each consecutive calendar day in excess of
the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the
contract documents.
64
Proposer understands and agrees that this proposal submittal shall be completed and submitted in accordance with
instruction number 29 of the General Instructions to Offerors.
Proposer understands that the Owner reserves the right to reject any or all proposals and to waive any formality in
the proposing.
The Offeror agrees that this proposal shall be good for a -period of thirty (30) calendar days after the scheduled
closing time for receiving proposals.
The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on
which he has proposed; as provided in the contract documents.
Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company,
payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total
"7 amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance
policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him.
Offeror's Initials
2i..
/.1 /�r .I �/ �� •/�. ,/� i�frt �'� �C
��r�i.�lcr' l�( �L:% `�jC1L' it i ��,/�r�[ii.f�?" F' � �X • ' •
r.
E.
Enclosed with this proposal is a Cashier's Check or Certified Check for
Dollars ($ ) or a Bid/Proposal Bond in the sum of
{ ir;e�°max L Dollars ($};&e. which it is agreed shall be collected and
retained by the Owner as liquidated damages in the event the proposal 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 ten (10) business days after the date of receipt of written notification of acceptance of
said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand.
Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Offerors.
Pursuant to Texas Local Government Code 252.043(a), a
competitive sealed proposal that has been opened may not be
changed for the purpose of correcting an error in the proposal
price. THEREFORE, ANY CORRECTIONS TO THE
PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL
SUBMITTAL FORM PRIOR TO PROPOSAL OPENING.
(Seal if Offeror is a Corporation)
/�TTEST:
A21 Al'w
Secretary
4
Offeror acknowledge receipt of the following addenda:
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
M/WBE Firm:
Date: /', ��
t�horiized Sig-nature
l� `
(Printed or Typed N me)
`Com '
Ile..
A drgs
City Counn�j f
State Zip C d,
Telephoc�e:
Fax:(,_
LIST OF SUBCONTRACTORS
Minority Owned
Yes No
�el IV
3. 1: El
4. 0 -❑1
5. :3 :1
6.
7. E F
8. - r
9. 0 ❑
THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH
INSURANCE CERTIFICATES FOR EACH SUB -CONTRACTOR PURSUANT TO
SECTION 28G OF THE GENERAL CONDITIONS.
rl
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Offeror and Agent
And Attached to Proposal Submittal
I, the undersigned Offeror, certify that the -insurance requirements contained in this proposal document have been
reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock,
I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid
insurance certificate to the City meeting all of the requirements defined in this proposal.
C ntractor (Signature] Contractor (Print)
CONTRACTOR'S FIRM NAME: ImW L I /1/ i ��,fa•,�j �lL��,
rint or Type
CONTRACTOR'S FIRM ADDRESS:H-1
1t�hlx'�t. l i"xit5 7��,�.3
Name of AgentlBroker:
Agent / Broker (Signature)
Address of Agent/Broker:
City/State/Zip:
i
Agent/Broker Telephone Number:
Date:
NOTE TO CONTRACTOR
If the time requirement specified above is not met, the City has the right to reject this proposal and award the
contract to another contractor. If you have any questions concerning these requirements, please contact the
Interim Public Works Contracting Officer for the City of Lubbock at (806) 775-2163.
PROPOSAL #06-704-BM - ACCESSIBILITY RENOVATIONS FOR A.B. DAVIS PARK
5
SAFETY RECORD QUESTIONNAIRE
(Must Be Submitted With Proposal Submittal)
The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government
Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to
F-i Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and
criteria for accurately determining the safety.record of a proposer prior to awarding proposals on City contracts.
The definition and criteria for determining the safety record of a proposer for this consideration shall be:
The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may
consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by
El environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among
other things:
a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC),
against the proposer for violations of OSHA regulations within the past three (3) years.
b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within
the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S.
Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental
Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource
Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services
(DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies
of local governments responsible for enforcing environmental protection or worker safety related laws or
regulations, and similar regulatory agencies of other states of the United States. Citations include notices of
violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines
assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final
orders, and judicial final judgments.
C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death.
d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the
der and his or her ability to perform the services or goods required by the proposal documents in a safe
environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock.
In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential
contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following
three (3) questions and submit them with their proposals:
QUESTION ONE
Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such
firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years?
YES NO (%
If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its
proposal submission, the following information with respect to each such citation:
Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty
assessed.
QUESTION TWO
Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such
firm, corporation, partnership or institution, received citations for violations of environmental protection laws or
regulations. of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement,
suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints,
indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments.
YES NO
If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its
proposal submission, the following information with respect to each such conviction,
Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and
penalty assessed.
QUESTION THREE
Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm,
corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which
resulted in serious bodily injury or death?
YES NO
If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its
proposal submission, the following information with respect to each such conviction:
Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty
assessed.
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my
statements and answers to questions. I am aware that the information given by me in this questionnaire will be
investigated, with my full permission, and that any misrepresentations or omissions may cause my `proposal to be rejected.
J ,
•1 Co„ice% r �i � L �- :_1 .s
Signature
Title
T, 7
y
U11
SUSPENSION AND DEBARMENT CERTIFICATION
Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or
making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are
suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of
$25,000 and all non -procurement transactions (e.g.,' sub -awards to sub -recipients).
Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and
its principals are not suspended or debarred by a Federal agency.
Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals
are not suspended or debarred by a Federal agency.
1, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or
debarred by a Federal agency.
COMPANY NAME:
Signature of Company Official: 2
Date Signed: ' '" (f7-
Printed name of company official signing above:
8
A
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e4w+ lr..:+i::i 1 Y4 S;r a.A -,'•
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9
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $25,000)
KNOW ALL MEN BY THESE PRESENTS, that Hub City Pavers, Inc. (hereinafter called the Principal(s),
as Principal(s), and Travelers Casualty And Surety Company of America
(hereinafter called the Surety( as ��Su��t �s,�,,a� an f bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of ve`Hun�red"DoWars ane�oo�%� d Dollars ($ 351,500.Oq lawful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 24 day of
August ,2006 ,to Accessibility Renovations For A.B. Davis Park
and said Principal under the law is required before commencing the work provided for in said contract to execute a bond
in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent
as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay
all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said
contract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
24 day of August 2006
Travelers Casualty and Surety Company of America
Surety
*By.,J- - 'wa- " - , ')n,
(T e) John . Shropshire, Jr.
Attorney —In —Fact
Hub City Pavers, Inc.
(Company Name)
By; Glen A. Sarten
(Printed Name)
NEW
President
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates Shropshire Agency an agent resident in Lubbock County to whom any requisite notices may be delivered
and on whom service of process may be had in matters arising out of such suretyship.
t1 Travelers Casualty And Surety
Surety
By: John V. Shropshire, Jr.
(Title) Attorney -In -Fact
Approved as to form:
* Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing
F that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
I
2
61
WITHOUT THE RED
ST PAUL POWER OF ATTORNEY
TRAVELERS Farmington Casualty Company St. Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
Attorney -In Fact No. 217671 Certificate No. 0 0113 2 8 0 3
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby make, constitute and appoint
John V. Shropshire Jr., and Jeffrey V. Shropshire
of the City of T .iihhock , State of Texas , their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their,kusWess of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or pe in ors o - eedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this ins to be nefid Frorate seals to be hereto affixed, this 2
day of August 2006
Farmington Casualty C���� St. Paul Guardian Insurance Company
Fidelity and Guaranty, rt pa St. Paul Mercury Insurance Company
Fidelity and Guaranty 6sui nderw ers, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
G'�( t str+rij. vF10.E a �0.M.�NS6 15M7Uy Y A.V. y,,tiy•
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�y . �M ANEW �'�;�Ncc �� �'!S ". AN�a °'+�•........��a ��j *a�� . A11t�
State of Connecticut
City of Hartford ss.
By:
9.49. W ompson, Sen' Vic President
On this the 29th day of —August 2006 before me personally appeared George W. Thompson, who acknowledged himself
to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.,
Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
6.TlT
In Witness Whereof, I hereunto set my hand and official seal. �
My Commission expires the 30th day of June, 2011.
�n W� A e.
Mane C. Tetreault, Notary Public
58440-6-06 Printed in U.S.A.
No Text
r
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
KNOW ALL MEN BY THESE PRESENTS, that Hub City Pavers, Inc. (hereinafter called the Principal(s),
as Principal(s), and Travelers Casualty And Surety Company of America
(hereinafter called the Surety
Ov&e4u%nOreiclgftaias?ganidl'.�0#8#4rtunto the City of Lubbock (hereinafter called the
Obligee), in the amount of Dollars ($ 351, 500. 00) lawful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 24 day of
August ,2096,to Accessibility Renovations For A.B. Davis Park
and said principal under the law is required before commencing the work provided for in said contract to execute a bond
in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent
as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall
be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
1 Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 24
E day of August 12006
Travelers Casualty And Surety Company of America
Surety
* By:
j (e) John V. Shropshire, Jr.
Attorney —In —Fact
Hub City Pavers, Inc.
(Company Name)
By: Glen A Sarten
(Printed Name)
(3SZigna�ture)
President
(Title)
t
a
„g
l<:1 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates khroo�shiT re an agent resident in Lubbock County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship.
Travelers Casualty And Surety
Surety
*By:John V. Shropshire, Jr.
(Title) Attorney —In —Fact
Approved as to Form
City of ock
By.
Ci Attorney
* Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
ysa
2
I
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
ST PA U L POWER OF ATTORNEY
TRAVELERS Farmington Casualty Company St. Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
Attorney -In Fact No. 217671
Certificate No. 001132804
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby make, constitute and appoint
John V. Shropshire Jr., and Jeffrey V. Shropshire
of the City of I ubhock , State of Texas , their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their -busyness of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or p i4d6 aeons o yeedings allowed by law.
29th
IN WITNESS WHEREOF, the Companies have caused this ins tbt# etFd cprorate seals to be hereto affixed, this
day of August 2006
Farmington Casualty Colyp*St. Paul Guardian Insurance Company
Fidelity and Guarantyra !pat St. Paul Mercury Insurance Company
Fidelity and Guaranty insullr nderw rs, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
GI.B4q Shy FIRE 6 '� IMf i INYU tY 4! 'l'
x �r9�s2� 0 1977 1927 �� m = _ wvtrroAo,
e0M
S �y • �•� D � � `�t�PkYn� '��'twacE � °CIS . AA�a °•jp,........��a +6i . *+as . � � �Jtl�
State of Connecticut
City of Hartford ss.
By:
rge W ompson, Sen' r Vic President
On this the 29th day of August 2006 before me personally appeared George W. Thompson, who acknowledged himself
to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.,
Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
Crs�
In Witness Whereof, I hereunto set my hand and official seal * fl
My Commission expires the 30th day of June, 2011.
�v
Mane C. Tetreault, Notary Public
vm 58440-6-06 Printed in U.S.A.
a
CERTIFICATE OF INSURANCE
r DATE (MWDDNr"
C_.ACORA CERTIFICATE OF LIABILITY INSURANCE 08/28/2006
PRODUCER (806) 763-7311 FAX (806) 763-0556 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
The Shropshire Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
5812 66th Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_
P.O. Box 65030
Lubbock, TX 79464 INSURERS AFFORDING COVERAGE NAIC #
€ INSURED Hub City Pavers, Inc. INSURERA: St. Paul Travelers
11803 University Avenue INSURERS: Texas Mutual Insurance Company
Lubbock, TX 79423 INSURER C:
INSURER D:
INSURER E:
COVERAGES
I
L
',t
LJ
f
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.
INSR
4DD-1
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
A
GENERALUAINLm
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE a OCCUR
I-660-209D2358-TLC-06
01/01/2006
01/01/2001
EACH OCCURRENCE
$ 100000
DAMAGE 70 RENTED
m'
$ 30000
MED EXP (Any one Person)
$ 500
PERSONAL $ ADV INJURY
$ 7.00000
GENERAL AGGREGATE
$ 200000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY JE 7 LOC
PRODUCTS - COMP/OP AGG
$ 200000
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-0WNEDAUTOS
IEEE-CAP-209D234-6-06
01/01/2006
01/01/2007
COMBINED SINGLE LIMIT
(Ea accident)
$ 11000,000
X
X
BODILY INJURY
(Per person)
$
X
X
BODILY INJURY
(Perecddent)
$
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: AGG
$
$
A
EXCESS/UMBRELLA LIABILITY I
X OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION $
M-CUP-209D236A-TCT-06
01/01/2006
01/01/2007
EACH OCCURRENCE
$ 11000, 00
AGGREGATE
$ 1,000,000
Retained Limit
$ 10,00
$
$
B
WORKERS COMPENSATION AND T
EMPLOYERS' LIABILITY
ANY
DED?
OFFICER/ME BER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
F-0011492102 20060101
01/01/2006
01/01/2007
WC STATU- OTH
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE- EA EMPLOYE
$ 11000,000
E.L, DISEASE - POLICY LIMIT
$ 1,000,00
OTHER
DESCRIPTION OF OPE 710N3 /LOCATIONS 1 VEHICLES ! EXCLUSj N�9 QDED BY EHDORSENjENT / SP CIAL PROYt310N3
Contract #695;, Rep #067048M- Acce- i�ity Renovations for A.B. Davis Park- City of Lubbock, its
fficers, agents and employees are named as primary additional insureds on General Liability and
utomobile Liability as respects to RFP#06704BM, endorsement #CG02471002, Waiver of Subrogation in
avor of City of Lubbock applicable to General Liability, Automobile Liability and Workers
ompensation policies
City of Lubbock
c/o City of Lubbock Public Works
Contracting Office
1625 13th Street, Suite 102
Lubbock, TX 79401
UARt:CLLA I IVIY
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER 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 INSURER, ITS AGENU OR REPR SENTATNES.
AUTHORIZED REPRESENTATIVE \
John Shropshire, Jr.
ACORD 25 (2001/08) w OACORD CORPORATION 1988
rJ'
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.
ACORD 25 (2001/08)
CERTIFICATE OF INSURANCE
TO: CITY OF LUBBOCK DATE:
P.O. BOX 2000
LUBBOCK, TX 79457 TYPE OF PROJECT:
THIS IS TO CERTIFY THAT (Name and Address of Insured) is,
at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for
the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further
hereinafter described. Exceptions to standard policy noted hereon.
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
EFFECTIVE
LIMITS
DATE
DATE
GENERAL LIABILITY
0 Commercial General Liability
General Aggregate $
❑ Claims Made
Products-Comp/Op AGG $
❑ Occurrence
Personal & Adv. Injury $
❑ Owner's & Contractors Protective
Each Occurrence $
1.1
Fire Damage (Any one Fire) $
$
Med Exp (Any one Person)
AUTOMOTIVE LIABILITY
❑ Any Auto
Combined Single Limit $
❑ All Owned Autos
Bodily Injury (Per Person) $
0 Scheduled Autos
Bodily Injury (Per Accident) $
0 Hired Autos
Property Damage $
❑ Non -Owned Autos
11
GARAGE LIABILITY
❑ Any Auto
Auto Only - Each Accident $
❑
Other than Auto Only:
Each Accident $
Aggregate $
❑ BUILDER'S RISK
I] 100% of the Total Contract Price
$
❑ INSTALLATIONFLOATER
$
EXCESS LIABILITY
0 Umbrella Form
Each Occurrence $
Aggregate $
❑ Other Than Umbrella Form
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
The Proprietor/ 0 Included
Statutory Limits
Partners/Executive 0 Excluded
Each Accident $
Officers are:
Disease Policy Limit $
Disease -Each Employee $
OTHER
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or
canceled by the insurer in less than the legal time required after the insured has received written notice of such change or
cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation.
FIVE COPIES OF THE CERTIFICATE OF INSURANCE
(Name of Insurer)
MUST BE SENT TO THE CITY OF LUBBOCK
By:
Title:
The Insurance Certificates Furnished shall name the City of Lubbock as a Primary Additional Insured on General
Liability and Automobile Liability and provide a Waiver of Subrogation in favor of the City of Lubbock.
1
Fi
CONTRACTORCHECKLIST
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
1 extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
i
(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 A PRIMARY 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
Fi
I
REQUIRED WORKERS' COMPENSATION COVERAGE
j "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
N 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
(IT) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (M, with the certificate of coverage to be provided to the person for whom they
are providing services.
3
;Tq
—,
CONTRACT #6953
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 24'h day of August2006 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
u CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
PROPOSAL # 06-704-BM - ACCESSIBILITY RENOVATIONS FOR A.B. DAVIS PARK - $351,500.00
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own
proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance
and other accessories and services necessary to complete the said construction in accordance with the contract documents
as defined in the General Condition of Agreement. Hub City Pavers, Inc.'s proposal dated June 22, 2006 is incorporated
into and made a part of this agreement:
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
Fes' 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
f with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to
Li make payment on account thereof as provided therein.
WE
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
CONTRACTOR:
Ise
ED NAME:
TITLE: 5Z /
COMPLETE ADDRESS:
Company 41)1 ( /Ayj )D4,��
Addresse-
City, State, Zip
ATTEST: '
dQrporate Secretary
CI-TY-OFF LLUUBBOC T XAS (OWNER):
-BY J .�"_
MAYOR
ATTEST:
.CQJ_P,�� �� -
City lecretary
GENERAL CONDITIONS OF THE AGREEMENT
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
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
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 OPERATION MANAGER,
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,
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
The contract's documents shall consist of the Notice to Offerors, General Instructions to Offerors, Proposal,
Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the
Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to
g. Offeror for inspection in accordance with the Notice to Offerors. The above described materials are sometimes
referred to herein as the "contract" or "contract documents".
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed,"
or words of like import are used, it shall be understood that the direction, requirement, permission, order,
designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved,"
"Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the
Owner's Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due
Subcontractor.
FJ 7. 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.
8. 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
s 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
2
I
P-1; 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
F1 removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the
Owner's Representative at Contractor's expense.
Fi 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
t_ = 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 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.
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.
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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
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 set 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.
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 fiunish 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
r 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
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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
l 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
s 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.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in
the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either
before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a
claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of
work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make
such changes or alterations as shall make useless any work already done or material already furnished or used in
said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual
expenses incurred in preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change,
5
alteration or addition to the work as shown on the plans and specifications or contract documents and not covered
by Contractor's proposal, 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
EIJI insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by
them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be
kept and records of these accounts shall be made available to the Owner's Representative. The Owner's
Representative may also specify in writing, before the work commences, the method of doing the work and the
type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the
Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined
by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted
by the Associated General Contractors of America. Where practical, the terms and prices for the use of
machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the
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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.
t
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents that all work described in the proposal, 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 proposals are received, and if no such notice is received by the Owner's
F; Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully
understands the work to be included and has provided sufficient sums in its proposal to complete the work
in accordance with these plans and specifications. If Contractor does not notify Owner's Representative
before offering 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
proposals.
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-
c
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
r7 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 ALONG WITH A COPY OF THE ADDITIONAL INSURED
' ENDORSEMENT. THE INSURANCE CERTIFICATES, FURNISHED SHALL NAME THE CITY OF
LUBBOCK AS A PRIMARY 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.
Q 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 (Primary Additional Insured and Waiver of Subrogation required)
The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000
Combined Single Limit in the aggregate and per occurrence to include:
Products & Completed Operations Hazard
Personal Injury & Advertising Injury
Contractual Liability
Heavy Equipment Endorsement
B. Owner's and Contractor's Protective Liability Insurance — NOT REQUIRED
C. Comprehensive Automobile Liability Insurance (Primary Additional Insured and Waiver of Subrogation
Required)
MM The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
d Bodily Injury/Property Damage, $500,000 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 a primary 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 - NOT REQUIRED
E. Umbrella Liability Insurance — NOT REQUIRED
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.
1. Definitions:
rj�
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 406.096, 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 foodibeverage
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.
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, 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.
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
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project that they are required to be covered, and stating how a person may verify coverage and
report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (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 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.
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G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner
for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence
of compliance with the above insurance requirements, signed by an authorized representative of the
insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by
such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne
by such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured
at the address shown in the proposal 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:
Eli
(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;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
11
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:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to
this construction project must be covered by workers' compensation insurance. This
includes persons providing, hauling, or delivering equipment 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 80013 72- 7713 or 5121804-4000
(http✓/www.twcc.state.t-us#wcccontacts htmo 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;
(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
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I
(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
Fand 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
F"i materially affects the provision of coverage of any person providing services on
the project; and
F
(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, material men 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.
f. 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 offering.
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4 32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
Pi
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 proposingding 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 there from.
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 $25 (TWENTY-FIVE) 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.
i IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT
TIME IS OF THE ESSENCE OF THIS CONTRACT.
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J 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 proposal; provided,
also, that when the Owner is having other work done, either by contract or by its own force, the Owner's
Representative may direct the time and manner of constructing work done under this contract so that conflicts will
be avoided and the construction of the various works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which
the Contractor will start the several parts of the work and estimated dates of completion of the several parts.
36. TIME OF PERFORMANCE
The Contractor agrees that it has submitted its proposal 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 proposals 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
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somewhat from these estimates, and that where the basis for payment under this contract is the unit price method,
payment shall be for the actual amount of work done and materials furnished on the project.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under
this 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 Iimiting, 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.
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
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.
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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
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
'3 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.
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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 br 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
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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 delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the
L 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
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 Contractor,
then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or
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(b) The Owner, under sealed proposals, after notice published as required by law, at least twice in a
newspaper having a general circulation in the County of location of the work, may let the contract for the
completion of the work under substantially the same terms and conditions which are provided in this
contract. In case of any increase in cost to the Owner under the new contract as compared to what would
have been the cost under this contract, such increase shall be charged to the Contractor and the Surety
shall be and remain bound therefore. 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 notified 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
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
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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. All bonds shall
be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do
FA-] business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so
furnished.
L ! 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
t>;I 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
ri work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual
IJobstructions 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. F
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
F the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus
� 1 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.
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.
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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
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.
56. NONAPPROPRIATION
All funds for payment by the City under this contract are subject to the availability of an annual appropriation for
this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock
for the goods or services provided under the contract, the City will terminate the contract, without termination
charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the
then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at
any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the
Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City
shall not be obligated under this contract beyond the date of termination.
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F.
CURRENT WAGE DETERMINATIONS
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sf
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RE: RESOLUTION NO.2002-R0483, NOVEMBER 14, 2002
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
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
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
1
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft Hourly Rate
FAsphalt
Heaterman
9.00
Asphalt Shoveler
7.50
Concrete Finisher
9.00
Concrete Finisher -Helper
7.50
Electrical Repairer -Equipment
12.50
Flagger
6.50
Form Setter
8.00
Form Setter -Helper
6.50
[
Laborer -General
6.00
Laborer -Utility
6.75
Mechanic
9.00
- F,
Mechanic -Helper
7.00
Power Equipment Operators
Asphalt Paving Machine
9.00
"
Bulldozer
9.00
Concrete Paving Machine
9.00
Front End Loader
9.00
Heavy Equipment Operator
9.00
�
Light Equipment Operator
8.00
51
Motor Grader Operator
10.25
Roller
7.00
Scraper
7.50
Tractor -Trailer
8.50
Truck Driver -Heavy
8.00
Truck Driver -Light
7.00
2
71
6J
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.
3
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Con
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LUBBOCK PARKS ACCESSIBILITY RENOVATIONS
A.B. DAVIS PARK
TECHNICAL SPECIFICATIONS
SECTION 01005
ADMINISTRATIVE PROVISIONS
SECTION 01300
SUBMITTALS
SECTION 01400
QUALITY CONTROL
SECTION 01500
CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
SECTION 01600
MATERIALS AND EQUIPMENT
SECTION 01700
CONTRACT CLOSEOUT
SECTION 02072
MINOR DEMOLITION FOR REMODELING
SECTION 02200
SITE CLEARING AND EARTHWORK
SECTION 02515
PORTLAND CEMENT CONCRETE PAVING
SECTION 02811
LANDSCAPE IRRIGATION
SECTION 02870
SITE FURNISHINGS
SECTION 01005
ADMINISTRATIVE PROVISIONS
PARTI GENERAL
1.01 REQUIREMENTS INCLUDED
A. Title of Work, and Type of Contract.
B. Owner -Furnished Products.
C. Coordination.
D. Alternates.
E. Field Engineering.
F. Reference Standards.
1.02 WORD COVERED BY CONTRACT DOCUMENTS
A. Work of this contract involves construction of new concrete sidewalks and handicap accessible
ru"i parking spaces at the City of Lubbock's A.B. Davis Park, located at 42nd Street and Orlando
Avenue. Included in the work are demolition, removal and replacement of existing picnic tables,
benches, shelters, and designated areas of existing concrete slabs, curbs and gutters. Also included
is replacement of a water fountain provided by the Owner and renovation of the irrigation system to
accommodate the new sidewalk configuration.
1.03 CONTRACT METHOD
A. Construct the Work under a single lump sum contract.
1.04 OWNER -FURNISHED PRODUCTS
A. Products fiunished and paid for by Owner, but installed by Contractor under this contract:
1. Water fountain.
B. Owner's Responsibilities:
1. Arrange for and deliver shop drawings, product data and samples to Contractor.
2. Arrange and pay for product delivery to site.
3.On delivery, inspect products jointly with Contractor.
4. Submit claims for transportation damage.
5. Arrange for replacement of damaged, defective, or missing items.
01005-1
r
6. Arrange for manufacturers' warranties, inspections and service.
C. Contractor's Responsibilities:
1. Review shop drawings, product data and samples.
2. Receive and unload products at site; inspect for completeness and/or damage, Jointly with
Owner.
3. Handle, store, and install products provided by Owner.
4. Repair or replace items damaged by Work of this Contract.
1.05 COORDINATION
A. Coordinate work of the various sections of Specifications to assure efficient and orderly
sequence of installation of construction elements, with provisions for accommodating items
provided by owner and installed under this contract.
B. Verify characteristics of elements of interrelated operating equipment are compatible; coordinate
work of various sections having interdependent responsibilities for installation, connecting to, and
placing in service, such equipment.
x;
1.06 ALTERNATES
A. Alternate No. I - Remove and replace concrete slab at basketball court as indicated on drawings.
B. Alternate No. 2 - Provide, assemble, and install shelters for picnic tables and shelters for park
benches. Reinforced concrete footings as per manufacturer's recommendations to be included in
alternate pricing.
1.07 FIELD ENGINEERING
A. Contractor shall field verify and be responsible for all sidewalk, slab, curb, and gutter
elevations.
B. Provide field engineering services; establish grades, lines, and levels by use of recognized
engineering survey practices.
C. Control datum for survey is that shown on Drawings. Locate and protect control and reference
points.
1.08 REFERENCE STANDARDS
A. For Products specified by association or trade standards, comply with requirements of the
standard, except when more rigid requirements are specified or are required by applicable codes.
B. The date of the standard is that in effect the bid date, except when a specific date is specified.
01005-2
C. Obtain copies of standards when required by Contract Documents. Maintain copy at field
office.
PART PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
01005-3
11
P,
SECTION 01300
SUBMITTALS
PARTI GENERAL
1.01 REQUIREMENTS INCLUDED
A. Procedures.
B. Construction Progress Schedules.
C. Schedule of Values.
D. Shop Drawings.
E. Product Data.
F. Manufacturers` Certificates.
1.02 PROCEDURES
A. Deliver submittals to Architect/Engineer at the following address:
Jones Rowntree Architects
2734 82nd Street
Lubbock, Texas 79423-1428
B. Transmit each item under Architect/Engineer accepted form. Identify Project, Contractor,
subcontractor, and major supplier, identify pertinent Drawing Sheet and detail number, and
Specification section number, as appropriate. Identify deviations from Contract Documents.
Provide space for Contractor and Architect/Engineer review stamps.
C. Submit initial progress schedules and schedule of values in duplicate within 30 days after award
of Contract. After review by Architect/Engineer revise and resubmit as required. Submit revised
schedules with each Application for Payment, reflecting changes since previous submittal.
D. Comply with progress schedule for submittals related to Work progress. Coordinate submittal
of related items.
E. After Architect/Engineer review of submittal, revise and resubmit as required, identifying
changes made since previous submittal.
F. Distribute copies of reviewed submittals to concerned persons. Instruct recipients to promptly
report any inability to comply with provisions.
013WI
1.03 CONSTRUCTION PROGRESS SCHEDULE
A. Submit horizontal bar chart with separate bar for each major trade or operation, identifying first
work day of each week.
B. Show complete sequence of construction by activity, identifying work of separate stages and
other logically grouped activities. Show projected percentage of completion for each item of work
as of progress application for payment.
1.04 SCHEDULE OF VALUES
A. Submit typed schedule on AIA Form G703; Contractor's standard form or media -driven
printout will be considered on request.
B. Format: Table of Contents of this Project Manual. Identify each line item with number and title
of the major Specification sections.
C. Include in each line item a directly proportional amount of Contractor's overhead and profit.
D. Revise schedule to list change orders, for each application for payment.
1.05 SHOP DRAWINGS
A. Submit the number of opaque reproductions that Contractor requires, plus two copies that will
be retained by Architect/Engineer.
1.06 PRODUCT DATA
A. Mark each copy to identify applicable Products, models, options, and other data; supplement
manufacturers' standard data to provide information unique to the Work. Include manufacturers'
installation instructions when required by the Specification section.
B. Submit the number of copies that Contractor requires, plus two copies that will be retained by
Architect/Engineer.
1.07 MANUFACTURERS' CERTIFICATES
A. Submit certificates, in duplicate, in accordance with requirements of each Specification section.
PART 2 PRODUCTS — Not Used
PART 3 EXECUTION — Not Used
END OF SECTION
01300-2
SECTION 01400
QUALITY CONTROL
PARTI GENERAL
1.01 REQUIREMENTS INCLUDED
A. Quality control of products and workmanship.
B. Manufacturer's instructions.
C. Independent Testing Laboratory Services.
1.02 RELATED REQUIREMENTS
A. Individual Specifications Sections: Testing required.
1.03 DESCRIPTION
A. Maintain quality control over supervision, subcontractors, suppliers, manufacturers, products,
services, workmanship, and site conditions, to produce Work in accordance with Contract
Documents.
1.04 WORKMANSHIP
A. Comply with industry standards of the region except when more restrictive tolerances or
specified requirements indicate more rigid standards or more precise workmanship.
B. Provide suitably qualified personnel to produce Work of specified quality.
C. Secure products in place with positive anchorage devices designed and sized to withstand
stresses, vibration, and racking.
1.05 MANUFACTURER'S INSTRUCTIONS
A. When required in individual Specifications section, submit manufacturer's printed instructions in
quantity required for product data, for delivery, handling, storage, assembly, installation, startup,
adjusting, balancing, and finishing, as appropriate.
B. Require compliance with, instructions in MI detail, including each step in sequence.
C. Should instruction conflict with Contract Documents, request clarification from
Architeet/Engineer before proceeding.
1.06 MANUFACTURER'S CERTIFICATES
01400-1
ME-A-M]
IN
0
A. When required in individual Specifications section, submit manufacturer's certificate, in
duplicate, certifying that products meet Or exceed specified requirements, executed by responsible
rn
H
officer.
1.08 TESTING LABORATORY SERVICES
A. Contractor shall employ and pay for services of an Independent Testing Laboratory to perform
inspections, tests, and other services required by various Specification sections.
F;
B. Services will be performed in accordance with the requirements of Specifications Section 01400
and the requirements of governing authorities and with specified standards.
Ell
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
Els
END OF SECTION
f0i
-77
01400-2
SECTION 01500
CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PARTI GENERAL
1.01 REQUIREMENTS INCLUDED
A. Protection of Existing Facilities
B. Safety
C. Sanitary Facilities
D. Construction Aids
E. Barriers
F. Cleaning During Construction
1.02 RELATED REQUIREMENTS
A. Section 01005 - Administrative Provisions: Summary of the work.
B. Section 01700 - Contract Closeout: Final Cleaning.
1.03 PROTECTION OF EXISTING FACILITIES
A. Take all precautions necessary to protect all existing landscaping, sidewalks, buildings, vehicles,
utilities, etc., in the area where the work is being done, or that may be located adjacent to, or in -
route across City property to the job site. The Contractor shall rebuild, restore, and make good at
his own expense, all injury and damage to same that may result from work being carried out under
this contract.
1.04 SAFETY
A. The Contractor shall take all necessary precautions to ensure the safety of any pedestrians
during the demolition, construction, and clean-up operations. The Contractor shall maintain and
keep in good repair the work intended under the Plans and Specifications and shall perform all
necessary repair, construction, and renewal to the date of acceptance by the Owner.
1.05 SANITARY FACILITIES
A. Provide and maintain required facilities and enclosures.
01500-1
I
1.06 CONSTRUCTION AIDS
A. Provide and operate drainage and pumping equipment; maintain excavations and site free of
standing water.
1.07 BARRIERS
A. The Contractor shall be responsible for the protection of unfinished work and shall be
responsible for the safety of individuals using the unfinished equipment. The Contractor shall
famish 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.
B. 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, sign, and lights shall not cease until the date of
issuance to Contractor of City's certificate of acceptance of the project.
1.08 CLEANING DURING CONSTRUCTION
A. Control accumulation of waste materials and rubbish, periodically dispose of off -site.
B. The Contractor shall be responsible for removal, hauling, and disposal of all debris and unusable
material from proposed construction area. The Owner shall retain the right to any existing
materials deemed to have value. .
1.09 REMOVAL
A. Remove temporary materials, equipment, services and construction prior to Substantial
Completion inspection.
B. Clean and repair damage caused by installation or use of temporary facilities. Remove
underground installations to a depth of 2 feet; grade site as indicated. Restore existing facilities
used during construction to specified, or to original condition.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
01500-2
r
c
C
SECTION 01600
MATERIAL AND EQUIPMENT
PARTI GENERAL
1.01 REQUIREMENTS INCLUDED
A. Products.
B. Workmanship.
C. Manufacturers' Instructions.
D. Transportation and Handling.
E. Storage and Protection.
F. Substitutions and Product Options.
1.02 RELATED REQUIREMENTS
A. Section 01300 -Submittals: Submittal of manufacturers' certificates.
B. Section 01700 - Contract Closeout.
C. Section 01400 - Quality Control.
1.03 PRODUCTS
A. Products include material, equipment, and systems.
B. Comply with specifications and referenced standards as minimum requirements.
C. Components required to be supplied in quantity within a specification section shall be the same,
and shall be interchangeable.
D. Do not use materials and equipment removed from existing structure or system, except as
specifically required, or allowed, by contract documents.
1.04 WORKMANSHIP
A. Comply with industry standards except when more restrictive tolerances or specified
requirements indicate more rigid standards or more precise workmanship.
row. O
0
B. Secure products in place with positive anchorage devices designed and sized to withstand
stresses, vibration, and racking.
1.05 MANUFACTURERS' INSTRUCTIONS
A. When work is specified to comply with manufacturers' instructions submit copies as specified in
Section 01300, distribute copies to persons involved, and maintain one set in field office.
B. Perform work in accordance with details or instructions and specified requirements. Should a
conflict exist between specifications and instructions, consult with Architect/Engineer.
1.06 TRANSPORTATION AND HANDLING
A. Transport products by methods to avoid product damage; deliver in undamaged condition in
manufacturer's unopened containers or packaging, dry.
B. Provide equipment and personnel to handle products by methods to prevent soiling or damage.
C. Promptly inspect shipments to assure that products comply with requirements, quantities are
correct, and products are undamaged.
D. The Contractor shall not park or drive any vehicles or equipment beneath the drip line of on -site
k: trees and shrubs. The Contractor and employees shall not park on unsurfaced park property and
shall not drive vehicles across City land unless it is directly necessary to deliver materials to the job
site.
1.07 STORAGE AND PROTECTION
A. Store products in accordance with Manufacturers' instructions, with seals and labels intact and
legible. Store sensitive products in weather -tight enclosures; maintain within temperature and
humidity ranges required by manufacturer's instructions.
B. For exterior storage of fabricated products, place on sloped supports above ground. Cover
products subject to deterioration with impervious sheet covering; provide ventilation to avoid
condensation..
C. Store loose granular materials on solid surfaces in a well -drained area; prevent mixing with
_µa
foreign matter.
D. Arrange storage to provide access for inspection. Periodically inspect to assure products are
undamaged, and are maintained under required conditions.
E. After installation, provide coverings to protect products from damage from traffic and
construction operations. Remove when no longer needed.
1.08 PRODUCT OPTIONS
01600-2
A. Within 30 days after date of Contract, submit complete list of major products proposed, with
name of manufacturer, trade name, and model.
B. Options:
1. Products specified only by reference standard: any product meeting that standard.
2. Products specified by naming several manufacturers: products of any named manufacturer
meeting specifications.
3. Products specified by naming one or more manufacturers and "or equal": Submit a request for
substitution for any manufacturer not specifically named, prior to bid date.
4. Products specified by naming only one manufacturer: No Option.
1.09 SUBSTITUTIONS
A. In the event that the clause 'or approved equal' is used in the specification pertaining to
materials, the Bidder desiring to make substitutions for specified equipment shall submit the
following:
1. Product identification, including manufacturer's name, address, and product literature.
2. Product description.
3. Product performance and test date.
4. Reference standards.
5.Manufacturer instructions for maintenance and repairs.
B. Request for substitution shall be included with the overall bid and will be considered before
contract is awarded.
C. After the contract is awarded, no substitutions will be considered. It will be the Bidder/
Contractor's responsibility to assure the availability of specified product or substitution before the
bid date.
D. The Bidder shall provide the same guarantee for substitution into work, making such changes as
may be required for work to be complete in all aspects.
E. The Bidder shall coordinate installation of accepted substitution into work, making such changes
as may be required for work to be complete in all aspects.
F. The Bidder shall waive all claims for additional costs related to substitution that consequently
becomes apparent.
G. 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.
1.10 REUSE OF EXISTING MATERIAL
01600-3
A. Except as specifically indicated or specified, materials and equipment removed from the
existing construction or systems shall not be used in the completed Work.
B. For material and equipment specifically indicated or specified to be reused in the Work:
1. Use special care in removal, handling, storage and reinstallation, to assure proper function in the
completed Work.
2. Arrange for transportation, storage and handling of products that require off -site storage,
restoration or renovation. Pay all costs for such work.
PART2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
016004
u
I
SECTION 01700
CONTRACT CLOSEOUT
PART I GENERAL.
1.01 REQUIREMENTS INCLUDED
A. Closeout Procedures.
B. Final Cleaning.
C. Project Record Documents.
D. Operation and Maintenance Data.
E. Systems Demonstration.
F. Warranties and Bonds.
1.02 CLOSEOUT PROCEDURES
A. Comply with procedures stated in General Conditions of the Contract for issuance of Certificate
of Substantial Completion.
B. When Contractor considers Work has reached final completion, submit written certification that
Contract Documents have been reviewed, Work has been inspected, and that Work is complete in
accordance with Contract Documents and ready for Architect/Engineer's inspection.
C. In addition to submittals required by the conditions of the Contract, provide submittals required
by governing authorities, and submit a final statement of accounting giving total adjusted
Contract sum, previous payments, and sum remaining due.
D. Architect/Engineer will issue a final change order reflecting approved adjustments to Contract
Sum not previously made by Change Order.
1.03 FINAL CLEANING
A. Execute prior to final inspection.
D. Remove waste and surplus materials, rubbish, and construction facilities from the Project and
from the site.
1.04 PROJECT RECORD DOCUMENTS
01700-1
A. Refer to individual specification sections for requirements for record or as -built documents.
B. Keep documents current; do not permanently conceal any work until required information has
been recorded.
1.06 OPERATION AND MAINTENANCE DATA
A. Provide data for irrigation system as requested in Section 02811.
B. Submit two sets prior to final inspection, bound in 8-1/2 x 11 inch three-ring side binders with
durable plastic covers.
C. Provide operation and maintenance instructions, giving names, addresses, and telephone
numbers of subcontractors and suppliers. List:
1. Appropriate design criteria
2. List of equipment.
3. Parts list.
4.Operating instructions.
5. Maintenance instructions, equipment.
6. Shop Drawings and Product Data.
7. Warranties.
1.07 SYSTEMS DEMONSTRATION
A. Prior to final inspection, demonstrate operation of each system to Architect/Engineer and Owner
as described in Section 02811.
B. instruct Owner's personnel in operation, adjustment and maintenance of equipment and systems,
using the operation and maintenance data as the basis of instruction.
1.08 WARRANTIES AND BONDS
A. Provide duplicate copies of all warranties, guarantees and bonds as requested in individual
specification sections. Provide table of contents and assemble in binder with durable plastic cover.
B. Submit material prior to final application for payment.
PART 2 PRODUCTS - Not Used
PART 3 EXECUTION - Not Used
END OF SECTION
01700-2
SECTION 02072
M MINOR DEMOLITION FOR REMODELING
PART IGENERAL
'
Li
1.01 SECTION INCLUDES
A. Removal of designated elements, equipment and fixtures.
B. Identification of utilities.
1.02 RELATED SECTIONS
A. Section 01005 — Administrative Provisions: Work sequence.
1.03 PROJECT CONDITIONS
A. Conduct demolition to minimize interference with adjacent building areas, landscaped and grass
areas.
B. Provide, erect, and maintain temporary barriers and devises as required for safety and security of
construction materials.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
3.01 PREPARATION
A. Erect and maintain temporary barriers to prevent injury and to provide for public access to the
park•
771
B. Protect existing items, fixtures, finishes, trees and landscaping that are not indicated to be
altered.
C. Identify any utility services within demolition areas. Notify Owner's representative of
uncovered services that conflict with new construction. Protect active utility services.
3.02 DEMOLITION
A. Demolish in an orderly and careful manner. Protect existing concrete to remain, adjacent trees,
grass and landscaped areas.
02072-1
B. Remove demolished materials from site except where specifically noted otherwise.
C. Do not burn or bury materials on site.
D. Remove materials as Work progresses. Upon completion of Work, leave areas in clean
condition.
E. Remove temporary Work.
F. Remove and deliver to the Owner the following materials and equipment:
1. Existing picnic tables.
2. Existing trash containers as designated.
3. Existing water fountain.
4. Existing pedestal grilles.
END OF SECTION
02072-2
SECTION 02200
SITE CLEARING AND EARTHWORK
PARTI GENERAL
1.01 WORK INCLUDED
A. Clearing and Grubbing_
B. Remove topsoil and stockpile for later reuse.
C. Excavate subsoil and remove excess from site.
D. Grade and rough contour site.
1.02 PROTECTION
A. Protect benchmarks, existing structures, fences, roads, sidewalks, paving and curbs to remain.
B. Protect above or below grade utilities which are to remain.
C. Repair damage.
PART 2 PRODUCTS
2.01 MATERIALS
A. Topsoil: Excavated material, graded free of roots, rocks larger than one inch, subsoil, debris,
and large weeds.
B. Subsoil: Excavated material, graded free of lumps larger than 6 inches, rocks larger than 3
inches and debris.
PART 3 EXECUTION
3.01 PREPARATION
A. Provide erosion control measures to prevent soil erosion and discharge of soil -bearing water
runoff or airborne dust to adjacent streets, walkways, and properties. Erosion control measures
shall be in conformance with government required standards if applicable to this project.
B. Identify required lines, levels, contours, and datum. Stake and flag working points.
C. Identify known below grade utilities. Stake and flag locations.
02200-1
0
D. Identify and flag above grade utilities.
E. Maintain and protect existing utilities remaining that pass through work area.
F. Notify utility company to remove and relocate utilities as required.
G. Upon discovery of unknown utility or concealed conditions, discontinue affected work; notify
Architect/Engineer or Owner's representative immediately.
3.02 TREE PROTECTION
A. Erect and maintain a temporary fence around drip line of individual trees or around perimeter
drip line of groups of trees to remain. Remove fence when construction is complete.
B. Do not excavate within drip line of trees, unless otherwise indicated.
C. Where excavation for new construction is required within drip line of trees, hand clear and
excavate to provide minimal damage to root systems. Use narrow -tine spading forks, comb soil to
expose roots, and cleanly cut roots as close to excavation as possible.
D. Repair or replace trees and vegetation indicated to remain that are damaged by construction
activities.
3.03 CLEARING AND GRUBBING
A. Remove obstructions, trees, shrubs, grass and other vegetation to permit installation of new
construction. Removal includes digging out stumps and obstructions, and grubbing roots.
B. Fill depressions caused by clearing and grubbing operations with satisfactory fill material. Place
fill material in horizontal layers not exceeding 8" loose depth, and compact each layer to a density
equaling adjacent original ground.
3.04 TOPSOIL EXCAVATION
A. Remove sod and grass before stripping topsoil.
B. Excavate topsoil from areas to be further excavated, or regraded. Stockpile in area designated on
site. Remove excess topsoil not being reused from site.
3.03 SUBSOIL EXCAVATION
A. Excavate subsoil from areas to be further excavated or regraded. Remove from site.
B. Do not excavate wet subsoil.
C. Stockpile subsoil to depth not exceeding 8 feet.
02200-2
D. When excavation through roots is necessary, perform work by hand and cut roots with a sharp
axe.
3.04 BACKFILLS AND FILLS
A. Place and compact fill material in 8" maximum thick horizontal layers to required elevations.
Fill shall be non -plastic, with PI less than 12, free of rocks larger than 2", and free of organic
material.
B. Compact soil to 92 percent of maximum dry density, according to ASTM D698.
3.05 GRADING
A. Uniformly grade areas to a smooth surface, free from irregular surface changes.
B. Grade to cross sections, lines and elevations indicated
C. Grade to tolerances of plus or minus 1 inch. Maintain maximum slopes for handicap access.
END OF SECTION
02200-3
-v,
SECTION 02515
PORTLAND CEMENT CONCRETE PAVING
PARTI GENERAL
1.01 WORK INCLUDED
A. Prepare sub -grade to receive base course materials for walks, curbs and gutters and approaches.
B. Place and compact base course materials for walks, curbs and gutters, and approaches.
C. Concrete walks, curbs and gutters complete with reinforcement.
D. Expansion joints in horizontal concrete sidewalks.
1.02 REFERENCE STANDARDS
A. ASTM C150 - Portland Cement.
9
B. ASTM C94 - Ready -Mixed Concrete.
C. ASTM C260 - Air - Entraining Admixtures for Concrete.
D. ASTM A706 - Weldable Reinforcing Steel.
E. ASTM A615 - Deformed and Plain Billet -Steel Bars for Concrete Reinforcement.
F. ASTM C33 - Concrete Aggregates.
1.03 INSPECTION AND TESTING
A. Contractor shall employ and pay for services of and independent testing laboratory to perform
inspections and tests of concrete materials.
B. Testing shall be performed in accordance with requirements of governing authorities and
specified standards.
C. Submit test reports to Architect in duplicate, showing results of tests and indicating compliance
or non-compliance with standards and specifications.
D. Three (3) concrete test cylinders will be taken for every 75 or less cu. yards of concrete placed.
E. One 0) additional test cylinder will be taken during cold weather concreting and be cured on job
site under same conditions as concrete it represents_
�` 02515-1
F. One (I) slump test will be taken for each set of test cylinders taken.
PART2 PRODUCTS
2.01 FILL MATERIALS
A. Existing excavated material, raked free of rocks, broken -up concrete material, roots and
vegetation.
2.02 CONCRETE MATERIALS
A. Portland Cement: ASTM C150; Normal - Type I.
B. Fine and Coarse Aggregates: ASTM C33; crushed white limestone coarse aggregate for Buff
Cement.
C. Water: Clean and free from injurious amounts of oil, alkali, organic matter, or other deleterious
material.
2.03 REINFORCEMENT
A. Reinforcing Steel: 60 ksi yield strength; deformed billet steel bars; ASTM A615; plain finish.
- B. Tie Wire: Minimum 16 gage annealed type, or patented system acceptable to Architect.
C. Welded Steel Wire Fabric: Plain type, ASTM A185; in coiled rolls; unfinished.
2.04 FORMWORK AND ACCESSORIES
A. Formwork: Matched, tight fitting and adequately stiffened to support weight of concrete
without deflection detrimental to tolerances and appearance of concrete.
B. Joint Filler: Sonneborn Expansion -Joint Filler, closed cell polyethylene, minimum 1/2 inch
thick.
C. Joint Sealant: Sonneborn SL-1 One -Part Self Leveling Polyurethane Sealant; gray color.
D. Concrete Curing Compound: W.R. Meadows Sealti.ght CS-309 Acrylic Curing and Sealing
Compound.
2.05 CONCRETE
A. Mix in proportion to produce minmum 3000 psi concrete at 28 days with maximum slump of 5
inches and 4 to 6 percent air entrainment ASTM C94 B. Use accelerating admixtures in cold weather only when acceptable to ArchitectJEngineer. Use
of admixture shall not relax cold weather placement requirements. Do not use calcium chloride.
02515-2
C. Use set -retarding admixtures during hot weather only when acceptable to Architect/Engineer.
PART 3 EXECUTION
3.01 PREPARATION OF SUB -GRADE
A. Completely remove remnants of existing concrete slabs, sidewalks, curbs and gutters.
B. Rough grade areas to receive concrete to bring sub -grade to required elevations.
C. Fill soft spots and hollows with additional fill.
D. Level and compact sub -grade, to receive sand base for concrete walks, curbs and gutters, to 95%
maximum density.
3.02 FORMING
A. Form vertical surfaces to full depth and securely position to required lines and levels.
B. Arrange and assemble formwork to permit easy dismantling and stripping, and to prevent
damage to concrete during formwork removal.
3.03 PLACING REINFORCING
A. Reinforce concrete walks, stabs, curbs and gutters as indicated on drawings. Support all
reinforcing with plastic chairs. Allow for minimum I-1/2 inch concrete cover.
B. Do not extend reinforcing through expansion and contraction joints.
C. Provide smooth dowels as shown and detailed on drawings. Cap and lubricate one end as shown.
3.04 FORMING EXPANSION AND CONTRACTION JOINTS
A. Place expansion and contraction joints at maximum 30 feet on center, at all sidewalk
intersections and at other locations shown on drawings. Provide continuous joint filler where
sidewalks abut curbs.
B. Fit joints with filler of required profiles, set perpendicular to longitudinal axis of walks, curbs
and gutters. Recess 1/2 inch below finished concrete surface.
3.06 PLACING CONCRETE
A. Plaice concrete, screed and wood Boat surfaces to a smooth and uniform finish, free of open
texturing and exposed aggregate.
02515-3
B. Avoid working mortar to surface.
C. Make U4 inch wide tooled crack control joints b feet maximum on center.
D. Round all edges, including edges of crack control and expansion joints, with 1/2 inch radius
edging tool.
E. Provide exposed surfaces of indicated walks, handicap access ramps, curbs and gutters with dry
brush finish.
F. Ensure all sidewalks have 1:20 or less running slope and I:50 or less cross -slope.
G. Ensure finished surfaces do not vary from true lines, levels or grade by more than U8 inch in 10
feet when measured with straightedge.
H. Apply curing compound on finished surfaces immediately after placement. Apply in
accordance with manufacturer's recommendations.
3.07 JOINT SEALANT
A. Apply sealant to joints only after concrete has completely cured and all loose material and
Iaitance has been removed from surfaces.
B. Apply sealant by pouring from a spouted container or by flowing from a bulk -loading gun or
cartridge.
C. Apply sealant to a depth of 114" minimum to 318" maximum.
D. Protect joint sealant from dirt and traffic until completely cured.
END OF SECTION
i
02515-4
C
SECTION 02811
LANDSCAPE IRRIGATION
Irrigation System Upgrades — Davis Park
SECTION 01
SUMMARY OF WORK
I. General
A. Scope of Project
1. The Contractor shall supply all supervision, perform all work, furnish all labor, tools,
materials, equipment, and incidentals necessary to fully and properly perform all work
as shown on the plans and described in the specifications. All construction and other
work shall be completed in accordance with all governing codes and ordinances, with
the best engineering and construction practices, including material manufacturer's
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 shall be awarded to the company
with the proposal determined to be the most advantageous to the City of Lubbock.
B. Related Work Included:
Section 02 - Product Substitution
Section 03 - Irrigation
Section 04 — Special Conditions
C. Additional Information
1. All information under General Instructions to Bidder, General Conditions of
Agreement, and Special Conditions apply to this section.
2. The Bidder shall be prepared to send the Owner a price breakdown of any and/or all
items on which he has bid. Price breakdowns will only be requested after the bid
opening has taken place.
3. These plans and specifications were prepared by the Parks Department (which shall
be called Owner). The Owner shall verify all construction stakes for locations of
elements at project sites, and give the owner 48 hours to approve the staking before
construction can begin.
D. Quality Assurance
1. Contractor's on Site Responsibilities
L" a. The Contractor shalll take all precautions necessary to protect all existing
landscaping, sidewalks, buildings, vehicles, utilities, etc., in the area where the
work is being done or that may be located adjacent to or in -route across City
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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
Ezlv"11
being carried out under this contract.
b.
The Contractor shall not park or drive any vehicles or equipment beneath the drip
line of on -site trees and shrubs. The Contractor and employees shall not park on
E,i
unsurfaced park property and shall not drive vehicles across City Iand unless it is
directly necessary to deliver materials to the job site.
c.
The Contractor shall take all necessary precautions to ensure the safety of any
pedestrians during the demolition, construction, and clean-up operations. The
Contractor shall maintain and keep in good repair the work intended under these
Plans and Specifications and shall perform all necessary repair, construction, and
'
renewal to the date of acceptance by the Owner.
d.
Any utility and irrigation lines shown on plans are for design and construction
information only. The depths of utility lines are not guaranteed. All underground
lines are referenced from known surface structures. It is not implied that all
existing public utility lines are shown on plan. 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 of
which the Owner is not aware. The Owner does not assume any responsibility for
any public utilities that are not shown on plans. It is the Contractor's obligation to
locate and familiarize himself with all utilities and to provide for their safety.
Damage to utilities will be repaired at Contractor's expense. Park development
staff will assist in the design and relocation of utility lines.
e.
The Contractor shall be responsible for the protection of unfinished work and
shall be responsible for the safety of individuals using the unfinished equipment.
The Contractor shall, at his own expense, famish 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
f.
necessary.
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
r
damaged portion shall be immediately removed and replaced by the Contractor at
his own expense. The Contractor's responsibility for maintenance of barricades,
signs, and lights shall not cease until the date of issuance to Contractor of City's
certificate of acceptance of the project.
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g.
The Contractor shall be responsible for removal, hauling, and disposal of all
debris and unusable material from proposed construction area and designated sites
as shown on plans and in specifications. The Owner shall retain the right to any
existing materials deemed to have value.
h.
The Contractor shall be responsible for inspection of site, to verify the completion
of all work as described in the specifications and shown on plans.
IN
i. The Contractor shall furnish and supply all supervision, equipment, and labor
necessary to perform excavation, grading, backfill, compaction, and stock piling
of material as specified herein and on the plans.
2. Product Delivery, Storage, and Handling
a. Protect all materials from inclement weather: wet, damp, extreme heat, or cold,
theft, damage, or vandalism.
b. All manufacturers' labels, installation instructions, and shop drawings shall be in
included for each item ordered.
I Equipment Check
a. The Contractor shall, one week after installation of equipment, check that all parts
are secure and are in good working condition.
b. Verify the completion of all work as described in the specifications and shown on
plans.
4. Clean-up
a. Demolition debris shall be removed from the site prior to commencement of
construction work
b. Within three days after completion of the site, the Contractor shall clean, remove
rubbish and temporary structures from the site. He shall restore adequately all
property, to its original integrity both public and private, which has been damaged
during the execution of work, and leave the entire site of the work in a neat and
presentable condition. The cost of the "cleanup" shall be included as a part of the
cost of the various items of work involved, and no direct compensation will be
made for this work. This work shall be done before final acceptance by the
Owner will be considered
c. The Contractor shall clean up and dispose of all construction debris, including
excavated rock material_ The area shall be graded back into existing grade
smoothly.
d. All spare parts or other pieces of equipment shall be turned over to the Owner
following completion of the project.
S. Warranty
a. The Contractor shall guarantee all labor, workmanship, and materials supplied by
the Contractor for a period of one (1) year from date of acceptance.
b. Repairs made necessary due to faulty workmanship shall be made promptly by the
Contractor at the Contractor's expense.
End -of -Section Ol
3
SECTION 02
PRODUCT SUBSTITUTION
I. General
A. Related Work Included:
Section 01 - Summaa of Work
Section 03 — Irrigation
Section 04 — Social Conditions
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. Manufacturer instructions for maintenance and repairs.
2. Request for substitution shall be included with the overall bid and will be considered
before contract is awarded.
3. After the contract is awarded, no substitutions will be considered. It will be the
Bidder/Contractor's responsibility to assure the availability of specified product or
substitution before the bid date.
4. The Bidder shall provide the same guarantee for substitution as for product or method
specified.
5. The Bidder shall coordinate installation of accepted substitution into work, making
such changes as may be required for work to be complete in all aspects.
6. The Bidder shall waive all claims for additional costs related to substitution that
consequently becomes apparent.
7. The Bidder shall be prepared to send the Owner a price breakdown of any and/or all
items on which he has bid. Price breakdowns will only be requested after the bid
opening has taken place.
B. Substitutions will not be considered if
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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 02
5
SECTION 03
IRRIGATION
I. General
A. Related Work Included:
Section 01 - Summary of Work
Section 02 - Product Substitution
Section 04 — Special Conditions
B. Qualifications of Bidder -Licensing
I . 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.
C. Codes and Standards
The Bidder is to conform to all local, state, and federal codes and ordinances.
D. 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 successfiil Bidder from the responsibility
of completing the project in accordance to project specifications at additional cost to the
Owner.
B. Utilities
1. The Contractor's attention is directed to the fact that other underground utility lines
may exist of which the Owner is not aware. It is the Contractor's obligation to locate
and familiarize himself with all utilities and to provide for their safety. Damage to
utilities will be repaired at the Contractor's expense.
6
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 the same size as the irrigation main, unless otherwise
specified.
3. Electrical Power Supply (if applicable) - The Contractor will install power
connection to the meter box. The Contractor shall set the meter box. The Contractor
shall run power to the controller. Contractor must satisfy City of Lubbock electrical
codes for hook-up. The Contractor is required to have a licensed electrician provide
the electrical hook-ups.
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 (2') feet out
from under the surface structure.
III. 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.
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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 shah 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.
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 currerrt.
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
s3 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.'/4" polyethylene, OD = .710,
ID = .610, and be made from low density.
3. Fittings
a. All pipe must have manufacturer's markings dearly 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) Reducing 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 - Data Industrial with wire to controller.
6. Valves
a. Manual Control Gate Valve
All gate valves shall have resilient seats, iron body, bronze mounted throughout,
threaded W', brass or bronze, and shall meet all requirements of A W WAC 509.
All valves shall be mechanical joint. All valves shall open by turning to the left,
T3 and unless otherwise specified shall have non -rising stem when buried and outside
"6 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.
` 9
0
b. Quick -coupler Valves
(1) Rain Bird # 44-RC, I", Single lug, 2-piece body, heavy cast bronze with
Rubber Cover Lid `or approved equal'.
(2) Standard cover.
(3) The Contractor shall supply the Owner with seven- (7) valve keys for each
Quick -coupler type.
(4) Installed with minimum ten- (10) inch diameter with a minimum six- (6) inch
opening concrete doughnut (for I" valves). Donuts shall be installed flush
with finished ground level and shall not shift when walked upon.
c. Section Valve (R.ianbird PESB Series or `approved equal')
(1) Sized according to plan.
(2) Direct burial, remote control electric valve normally closed
(3) Solenoid - Waterproof molded epoxy resin construction having no carbon steel
components exposed
(4) Actuator - Stainless steel enclosed in a watertight protection capsule with a
molded in place rubber exhaust port seal. Spring shall. be stainless steel.
(5) Diaphragm - Dual ported, made of nylon reinforced nitril rubber
(6) Flow adjustment system.
(7) Cold water working pressure -200 psi
(8) Heavy-duty glass -filled UV resistant nylon with stainless steelstuds and Hang
brass nuts.
d. 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.
(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 tap 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
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(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: Hunter Institutional Spray, 15 Series (or "approved equal')
(1) Body: Shall be Institutional 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, `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.
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: Tie in to existing Controller.
10, Lightning Arrestors with Grounding Rods (if applicable).
a. Arrestor to be installed at controller by Contractor. Lightening rods shall be
installed by Contractor.
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.
... I !
b. All wire to be single stranded, one wire for each electric valve and a common
wire.
(1) 12 gauge Common wire
(2) 14 gauge Zone wire
c. Flow Sensor wire — EV-CAB-SEN — 2 conduitor direct burial shielded cable for
connectiong flow sensors to controllers. Mai murn allowable distance is 2000 feet
d. All control wires to be installed at minimum depth of eighteen (18") inch and
directly alongside any pipe if the same ditch is used.
e. Add yellow and green 14 gauge spare wires looped in mainline ditch.
12. 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- V," then I V2" Weld -On #705; 2" three- 10" Weld -On #717,
(3) Manufactures Recommen , dations 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 V2") inch or
greater pipe. To be placed at all angles (90's, 45s, tees) and at terminal ends
of pipe. (Refer to Thrust Block Detail)Thrust Blocks must be installed
against the pipe and extend to twelve (12'1 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 (F) foot minimum vertical separation from all non -like
utility lines.
VI. Execution
A. Handling of Materials
The Contrador 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 frum external, concentrated load at any point.
B. Trenching
12
1. To have straight, fiat 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 (Yinches to allow for a three (3'J 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 may be used to make trench excavation except in places
where operation of same would cause damage to existing structures either above or
below ground; in such instances, nand 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 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 stmcunvs 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
W deviations that may be required from the establishment lines and grades.
L 13
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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 Iayers, 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
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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 swing
joint schedule 80t, Lasco G132-212, or KBI TSA-1000TT.
6.
Use flexible risers on all fixed head pop-up sprinklers.
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 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 I 0-feet increments with
plastic straps. An electrical wiring schematic shall be furnished with the
equipment.
14
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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.
g. Extra yellow and green wires installed in mainline ditch.
8. After piping is installed, but before outlets are installed and backfill commences, open
valves and flush system with full head of water.
9. Dissimilar Materials Piping Joints: Construct joints using adapters that are
compatible with bath piping materials, outside diameters, and system working
pressure.
10. Concrete Thrust Blocks are required at all turns and dead -ends on pipe sizes three (Y)
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)
11. Dripline to be Techline CV , Pressure compensating with check valve. As
_ manufactured by Netafim. Emmitter spaceing to be 12" with .9gph output.
12. Fitters to be manufactured by Netafim and installed as shown on plan.
L~<.P
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.
15
kir
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. Thrustblock)
E. installation of Valves (gate, double check, and section valves).
I . 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.
3. PVC unions shall be used for all connections through the exit side of the section
valve.
4. After installing valves and valve boxes, backfill holes with a three (Y) 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 are by the Contractor.
16
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.
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.
1. BackfiH
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 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 backffll if needed to bring
trenches to existing grade.
J. 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.
17
4. Power wire conduit to be %" diameter rigid conduit to meet city code.
5. One duplex plug shall be installed in the controller box.
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.
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.
L. Lightning Arrestors and Rod
1. 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
l . 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 leafage
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.
i8
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.
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
request has been made by the Owner, the Owner will proceed with repairs and charge
all expenses to the Contractor.
4. Pay for expenses incurred to project due to vandalism prior to final acceptance.
5. Owner shall pay for all expenses incurred due to vandalism after final acceptance.
End -of -Section 03
20
SECTION 04
SPECIAL CONDITIONS
1. General
A. Related Work Included:
Section 01- Summary of Work
Section 02 - Product Substitution
Section 03 — Irrigation
H. Special Conditions
A. Preliminary Inspection
B. Final Inspection
End -of -Section 04
21
SECTION 02870
SITE FURNISHINGS
PARTI GENERAL
1.01 WORK INCLUDED
A. Pedestal Grilles.
B. Picnic Tables and Benches.
C. Park Benches.
D. Shelters for Picnic Tables (Alternate No. 2)
E. Shelters for Park Benches (Alternate No. 2)
PART 2 PRODUCTS
2.01 PEDESTAL GRILLES
A. Manufacturer and Model: Kay Park Recreation SB 1635.
B. Welded steel plate fire box with formed ash lip, rounded corners, drain holes, and adjustable
steel bar cooking grille, mounted on a steel theft -resistant pedestal installed in concrete.
C. Pedestal: 3-1/2" diameter steel.
D. Finish: Non -toxic, heat and rust -resistant black enamel.
2.02 PICNIC TABLES AND BENCHES
A. Manufacturer and Model: Webcoat Products T6MAGNASM.
B. Expanded metal table top, 72" x 30", inside a 1" x 4" x 1/8" formed angle frame with two 4"
square steel posts surface mounted to concrete. Expanded metal seats, 70" x 15", inside a I" x 4" x
1 /8" formed angle frame with two 4" square steel posts surface mounted to concrete.
C. Finish: Table and seats are coated with plastisol ultraviolet stabilized vinyl coating. Posts have
baked -on polyester powder coat finish.
2.03 PARK BENCHES
02870-1
A. Manufacturer and Model: Webcoat Products B6WBWIRES.
B. Welded wire seat and back with rolled edges supported by galvanized steel posts installed in
concrete.
C. Finish: Seat is coated with plastisol ultraviolet stabilized vinyl coating. Posts have baked -on
polyester powder coat finish.
2.03 SHELTERS FOR PICNIC TABLES
A. Manufacturer and Model: Porter Corporation Poligon Park Architecture REK 12 x 19 TGSS.
2.03 SHELTERS FOR PARK BENCHES
A. Manufacturer and Model: Porter Corporation Poligon Park Architecture SQR 12-2G TGSS.
PART 3 EXECUTION
A Assemble and Install all site furnishings in accordance with manufacturer's written instructions.
B. Pedestal grilles are to be mounted on a post that is embedded in a 10" diameter x 30" deep
concrete footing.
C. Picnic tables and benches are to be surface mounted to concrete slab with embedded anchor
bolts or other approved attachment. Verify bolt size and quantity requirements with manufacturer's
mounting plate details.
D. Park benches are to be set in poured concrete footings 12" diameter x 24" deep.
E. Shelters for picnic tables are to be surface mounted on slabs poured integrally with footings
sized as recommended by manufacturer. Verify bolt locations, sizes and layout with manufacturer's
requirements.
F. Shelters for benches are to be embedded in concrete footings sized as recommended by
manufacturer. Slab shall be poured over the top of column footings, which are to be poured
separately.
G. Contractor shall exercise care and diligence to ensure that finished surfaces are adequately
protected from scratches and other damage during installation.
H. Contractor shall protect finished surfaces from concrete spatters during installation.
I. Exposed portions of mounting bolts shall be sawn off flush with nuts on all surface mounted
items.
02870-2
E. Protect all finished surfaces from water, dirt and excess concrete spatter during construction
activity.
F. Thoroughly clean and polish all finished surfaces upon completion of installation.
END OF SECTION
02870-3