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Resolution - 2014-R0255 - Contract - Turfmaster Irrigation & Landscaping Inc.- Hoel Park Walking Track - 07_24_2014 (4)
lution No. 2014-R0255 lulu- 24, 2014 Item No. 6.11 RESOLUTION BE IT RESOLVF.I.7 BY THE CITY COUNCIL OF THE CITY OF I.UBBOCK: TI IAT the Mavor of-tlte City of Lubbock is hereby authorized and directed to cxccutc fi r and on behalI' of the City of Lubbock, Contract No. 11924 For the construction of' a l Ioel Park walking track, by and between the City of Lubbock and Turfmaster Irrigation & I.andscaping, Inc., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set lorth herein and shall be included in the minutes ol'the City Council. Passed by the City Council on July 24, 2014 f !01 G1:EN C. R(M3FRTSON, MAYOR ATTEST: r� Rebe ca Garza. City Y��T APPROVED AS 1'0 CONTEN" Scott Snider, Assistant City Manager Community Scrviccs APPROVED AS itchell SatterwNte, first Assistant City Attorney v►%,:ccdocs'Ri.:S.C'oiitract-'['ur€master frri-atim July 1, 2014 r 1311) SUBINIH"I,� L FOR:N1 LUNIP SUzNI 1311) CONTRACT DATE.: i - I - I q 11ROJ1 CT NU�tiI131:R. IffT13 14-11924-TS- 1-loel Part: Walking Tract: 13 i d 01' J:-re i cf �ra,•. +- f.--�yQ5G�3P, w1 Biddcr} (hereinafter called TO the I IOnorahle Mayor and City Co City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder. in compliance %%Ah your invitation to Biel for the construction of Hoeg Park Walking "Track, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the tinge set lorth therein and at the price stated below. The hiddcr hinds himself on MCC plane e of his bid to execute a contract and any required bonds, according to the accompanying, forms, for performing and completing the said work within the time stated and for the prices stated below. rrENI 1)ESC'RIPTI0N ESTIMATED UNIT 0 F LUMP SUM NO. QUANTITY MEASURE 1. Mohilizationll)cmohilii.atioii, insurance, SWPPP I I..S 0 [an, site preparation, surveying, and layout, etc. �, (✓ 2� i)emolition and removal o t'designated items i _ Ls � $ including all necessary incidentals to complete the ,�vork, furnished. i. Concrete sidewalks, maintenance curbs, bench 1 LS _ £ pads, and concrete stern wall including all r + -3 l necessary incidentals to complete the work, I furnished and installed, c0131pdete in place. 4. Irrigation systeni, all associated materials and 1 LS $ equipment fully tested and operational including all necessary incidentals to complete the Gvork, furnished and installed, complete in place. 5. Earthwork and fine grading fine grade and hydro- l LS b mulched seed planted and established to a "uniform stand. " turf maintenance, landscape rehabilitation wort: including all necessary t1�. incidentals to complete the work, furnished and j _ intitalled. earn �1I •te it _Plarc. 2 ITEM DESCRIPTION ESTIMATED UNIT OF LUMP SUM NO. QUANTITY MEASURF. 6. ADA accessible parking space with related curb, l L.S gutter, reinforcement and concrete including all 4w necessary incidentals to complete the work,��- furnished and installed, complete in place. 7. Parking striping and signage including all l LS $ necessary incidentals to complete the work, t z _ — furnished and installed, complete in place. 8. Construct typical 24" curb and butter type `A' to i I's S lines and grades according to plans including all , necessary incidentals to complete the work, qt (�G� furnishers and installed, complete in place. 9. Construct ADA pedestrian ramp in compliance 1 LS $ with latest City of Lubbock standards per the plans 4,'? ands ecitications. 10. 2" HMAC, City of Lubbock type D asphalt I I'S $ patchinglrepair as necessary relating to curb `� ramps, ADA parking, curb and gutter. 11. Electrical conduit and pull boxes including all 1 I's S necessary incidentals to complete the work, furnished and installed, complete in place. TOTAL ITEMS I — 11) 3 ��r d00.e=' Bidder hereby agrees to commence the work on the above project on a elate to be specifier] in a written "Notice to Proceed" of the Owner and to :substantially complete the project within ONE HUNDRED TWENTY CALENDAR DAYS thereafter as stipulated in t}te specifications and other contract dncurncnts. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of 5 120.00 for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction nurnber 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this hid shall he good and may not be withdrawn for a period of SEVENTY (70) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of Ilie work and has carefully examined the plans, specifications and contract documents pertaining to the work cowered by this hid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surM company, payable witbout recourse to the order of the City of Lubbock in an amount not less than live percent (5%) of the total amount of the hid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. Encloses] with this bill is a Cashier's Check or Certifies] Check for Dollars (5 } or a Bid Bond in the suns of =.,� i❑ollars (S I I , 4-5-0,1, which it is agreed shall be collected and retained by the Owner as lirluiduted darnagesti#t the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within test (10) business days after the date of receipt of written notification of acceptance of said hid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder's initials 3 Bidder understands and agrees that tilt contract to he excCuted by Bidder diall he bound and include all contract documents inntie available to him for his inspection in accordancc %Nitro 111,2 Notice it) Bidders. Pursuant to Texas local Co►'erimmit Cade 252.043(g), :1 Competitive sealed hid that has heen upenecl may not lie changed for the purpose' of correclijig an error in fire hid price. 'Fit FOR F, AN C:O11RE(71ONS "ro'niF. lilt) 1'lticF: rtt15-r It N1A1)F, UN TiIF 1111) StfIV%IITTA1, FO101 I'll 10H TO 1311) 011ENI,NG. (Seth if Bidder is a Corporation) A-FTEST: Secretary 11idder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date .Addenda No. Date Addenda No. Date I )ate: Atltlll7f{/�iLttature r �� Ttroty (Printed or -Typed Na e) Conlparly —r J Address City. Count}• Ll State Zip Code 'telephone: _&OLD ?1-7L 7 Fax: 804 ~ - lf����17 FEDERAL TAX ID or SOCIAL SECURITY No. EMAIL:���c�r�ryw71��i tiIJNv13F Firm: Woman Flack American Native Ameri,:an tlis anic American Asian Pacific Amcricin Other (Speeifv By : t u111014Z M JJ - must Sign by hami Dflicer Name '1 id Title! � i d►'\rm �L�-.►••��� Please Print � R Business'l'elephotie Numbcr F.-mail Address: pf —, Ii FY)13 CITY UNF; 0N1,Y Bid Film item Number(s) Awarded to Above N,tnlcci Firm/Individual: v I —1y FAX: TD(0- �D�T[� 6 Cam;.. Date of Award 5y City COMIC ii (for blels over S50,000): Date P.C),IContract Issued: RETURN COMPLETED & SIGNED III 1'()I+M ALONG WITII CITY OF LUBBOCK SPECIFICATIONS. LA11EL'rHE 0UTSIDF, OF Y0U[A SEA1,E1) lilt) WITII r11F IT It NUNT131:tt,'1'IIE CWSINC: DATE A,ND TI,biE, AND Yi)tJtt C-ON1PANY Ni1,N1F. A,N1) A1)1)11F SS, BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE: July 24, 2014 CITY OF LUBBOCK SPECIFICATIONS FOR Hoel Park Walking Track ITB 14-11924-TS CONTRACT 11924 PROJECT NUMBER: 92288.9246,30000 Plans & Specifications may be obtained from BidSync.com -ZDdq -R a i> P. City of �-Jubbock TEXAS CITY OF LUBBOCK Lubbock, Texas I1 L. PAGE INTENTIONALLY LEFT BLANK Contractor Checklist Before submitting your bid, please ensure you have completed and included the following documents in the order they are listed. The contractor is only to submit one original unbound copy of every item listed. 1. Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. %� Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. ='r Failure to provide a bid surety WILL result in automatic rejection of your bid. 3. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. Contractor's signature must be original. 4. Clearly mark the bid number, title, due date and time and your company name and - address on the outside of the envelope or container. t' } 5. Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management Office prior to the deadline. Late bids will not be accepted. 6. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 7. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 8. Complete and submit the LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: 9. Complete and submit the FINAL LIST OF SUB -CONTRACTORS. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. `__ o,,4- - ce-0 (Type or Print CUB pany Name) c/ N PAGE INTENTIONALLY LEFT BLANK INDEX I 1. NOTICE TO BIDDERS - 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL — (must be submitted by published due date & time) 3-1. LUMP SUM BID SUBMITTAL FORM 3-2. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 3-3. SAFETY RECORD QUESTIONNAIRE 3-4. SUSPENSION AND DEBARMENT CERTIFICATION 4. LIST OF SUB -CONTRACTORS Vi 5. PAYMENT BOND 6. PERFORMANCE BOND 7. CERTIFICATE OF INSURANCE 8. CONTRACT A" 9. GENERAL CONDITIONS OF THE AGREEMENT 10. DAVIS BACON WAGE DETERMINATIONS 11. SPECIAL CONDITIONS (IF APPLICABLE) 12. SPECIFICATIONS _a _z i_ 3 PAGE INTENTIONALLY LEFT BLANK I NOTICE TO BIDDERS ITB 14-11924-TS Sealed bids addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, will be received in the office of the Purchasing and Contract Management Office, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 P.M. on July 1, 2014, 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: "Noel Park Walking Track" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing and Contract Management Office and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing and Contract Management Office for the City of Lubbock, before the expiration of the date above first - written. Bids are due at 3:00 P.M. on July 1, 2014, and the City of Lubbock City Council will consider the bids on July 24, 2014, at the City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds should be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND MUST BE DATED THE SAME DATE THAT THE CONTRACT WAS AWARDED. The estimated budget for this project is $265,000. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidder'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 bid submitted. There will be a non -mandatory pre -bid conference on June 19, 2014 at 10:00 A.M.,in . j the Purchasing and Contract Management Office, 1625 131h Street Room 204, Lubbock, Texas. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this Notice ` to Bidders. Each bidder's attention is further directed to Texas Government Code, Chapter 2258; -1 Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and 4 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 bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises shall be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK Marta-ACvarez DIRECTOR OF PURCHASING AND CONTRACT MANAGEMENT GENERAL INSTRUCTIONS TO BIDDERS 2 3 BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Hoel Park Walking Track per the attached specifications and contract documents. Sealed bids will be received no later than 3:00 P.M., on July 1, 2014 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB 14-11924-TS, Hoel Park Walking Track" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing and Contract Management Office. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non- mandatory nre-bid meeting will be held at 10:00 A.M., on June 19, 2014, at 1625 131h Street Room 204, Lubbock, TX. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at www.bidsync.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 uu blic libraries. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing and Contract Management Office. At the request of the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management Office. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at www.bidsync.com and will become part of the bid package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be 1, received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. o 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing and Contract Management Office and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing and Contract Management Office prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing and Contract Management Office before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the bid closing date. BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial j decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. ' 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. .', 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions, 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract - documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and ;! prepare a bid without charge or forfeiture of deposit. The contract documents may be examined without 5: charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasine and Contract Management Office if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this I TB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED } TO: 3 Tiffini Shelley, Buyer City of Lubbock Purchasing and Contract Management Office 1625 13th Street, Room 204 1 Lubbock, Texas 79401 Fax: 806-775-2164 Email: tslennon@mylubbock.us r Bidsync: www.bidsync.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within One Hundred Twenty Calendar Days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 0 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware,_ software and firmware products delivered and services provided under this Contract, individually 0 or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. ' 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to five sets of plans and specifications and related contract documents for 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 n9 work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: l (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. e , (c) Equipment schedule. 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. 10 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, firms, 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 bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 1SURANCE 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 ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES - FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED TO ON AUTO/GENERAL LIABILITY ON A PRIMARYAND NON ' CONTRIBUTORY BASIS TO INCLUDE PRODUCT-COMP/OP 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 11 f 1 i__. 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. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. 26 LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the contract requiring an inspector shall 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 Sunday 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 Sunday 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. t 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 shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of the City. 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, sixty dollars ($60) 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. 12 28 29 30 PROVISIONS CONCERNING ESCALATION CLAUSES ,. Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms famished by the City, and all blank spaces in the form r shall be correctly filled in, stating the price in 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 unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. q. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 29.3.1 Bidder's name 29.3.2 Bid for ITB 14-11924-TS, Hoel Park Walking Track Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.4 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 13 31 OUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. (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 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 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid r-; based on the total bid for bid items one through eleven plus the sum of any Alternate Bids or Options the City may select. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. (' Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' y home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, 14 AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 32.7 The estimated budget for this project is $265,000. 33 ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY - SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 34 PREVAILING WAGE RATES 34.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project 34.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 34.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: h!Ltp://Nvww.wdol.gov/dba.aspx 34.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 34.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock sixty dollars ($60) for each worker employed for each IJ calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. i 15 i BID SUBMITTAL FORM PAGE INTENTIONALLY LEFT BLANK 9 BID SUBMITTAL FORM LUMP SUM BID CONTRACT DATE: I_ PROJECT NUMBER: ITB 14-11924-TS- Hoel Park Walking Track Bid of Bidder) ��— X(- (hereinafter called t To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of Hoel Park Walking Track, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other -' related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. �4 The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. ITEM DESCRIPTION ESTIMATED UNIT OF LUMP SUM NO. QUANTITY MEASURE 1. Mobilization/Demobilization, insurance, S WPPP 1 LS $ o 0 Ian, site preparation, surveying, and layout, etc. �• 2. Demolition and removal of designated items 1 LS $ including all necessary incidentals to complete the work, furnished. 3. Concrete sidewalks, maintenance curbs, bench 1 LS $ pads, and concrete stem wall including all 1131 necessary incidentals to complete the work, furnished and installed, complete in place. 4. Irrigation system, all associated materials and 1 LS $ equipment fully tested and operational including tZ all necessary incidentals to complete the work, J r' furnished and installed, complete in place. 5. Earthwork and fine grading fine grade and hydro- 1 LS $ mulched seed planted and established to a "uniform stand,"turf maintenance, landscape rehabilitation work including all necessary 11V0. t incidentals to complete the work, furnished and installed, complete in place. r, ITEM DESCRIPTION ESTIMATED UNIT OF LUMP SUM NO. QUANTITY MEASURE 6. ADA accessible parking space with related curb, 1 LS $ gutter, reinforcement and concrete including all necessary incidentals to complete the work, furnished and installed, complete in place. 7. Parking striping and signage including all ] LS $ necessary incidentals to complete the work, furnished and installed, complete in place. 8. Construct typical 24" curb and gutter type `A' to ] LS $ lines and grades according to plans including all necessary incidentals to complete the work, furnished and installed, complete in place. 9. Construct ADA pedestrian ramp in compliance 1 LS $ with latest City of Lubbock standards per the plans andsped iications. 10. 2" HMAC, City of Lubbock type D asphalt 1 LS $ patching/repair as necessary relating to curb �00 , `� ramps, ADA parking, curb and gutter. 11. Electrical conduit and pull boxes including all 1 LS $ necessary incidentals to complete the work, `�p furnished and installed, complete in place. TOTAL ( ITEMS 1-11) $ b00, `fie Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within ONE HUNDRED TWENTY CALENDAR DAYS thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $ 120.00 for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of SEVENTY (70) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of e,,,.r k,,Q,�.jM Dollars ($ 11 , 45-0.'J, which it is agreed shall be collected and retained by the Owner as liquidated damages 4h the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder's Initials 3 Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) ' ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Date: J �� Autho zed �gnature 7-1 V10"'WGI (Printed or Typed N e) fy Company 1It-1 ID ete-- Address Vj— ry County C t, --11 H State Zip Code Telephone: o Fax: S01. - L10-1 , r-ayt- Addenda No. Date FEDERAL TAX ID or SOCIAL SECURITY No. Addenda No. Date Addenda No. Date ` Addenda No. Date EMAIL: �""°"` -t'�`T�'^"�'��•"'t� M/WBE Firm: Woman Black American Native American Ilis anic American Asian Pacific American Other (Specify) By Authorized - must sign by hand Officer Name and Title: Ft Please Print 'Prof, I'ty Business Telephone Number g rO FAX: E-mail Address: FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Finn/individual: Date of Award by City Council (for bids over $50,000): Date P.O./Contract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE 1TB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. u BID BOND KNOW ALL MEN BY THESE PRESENTS, that we TURFMASTER IRRIGATION AND LANDSCAPING INC as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, Tx 78759, as surety, hereinafter called the "Surety," are held and firmly bound unto CITY OF LUBBOCK as obligee, hereinafter called the Obligee, in the sum of FIVE Percent (5%) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for HOEL PARK WALKING TRACK. ITB 14-11924-TS. NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. 1 PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 1st day of JULY, 2014. TURFMASTER IRRIGATION AND LANDSCAPING INC. (Principal BY: TITLE: SureTec Insurance Company BY:"- MARLA HILL, Attorney -in -Fact SureTec Bid Bond Rev 1.1.06 PoA a: 4221000 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Howard Cowan, Marla Hill its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/2015 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 206 of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 21 st day of March, A.D. 2013. yvwmbw,,,,y SURETEC INSURANCE COMPANY SUHAMC (.ww ,,By: D` John ox Jrresident State of Texas ss:mco County of Has ""' On this 21st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. JACOUELYN MALDONADO Notary Public State of Texas My Comm. Exp. 5/18/2017 Jactl elyn Maldonado, Notary Public My commission expires May 18, 2017 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 1ST day of JULY 2014 , A.D. . Bre t Beaty, Assistant ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. CITY OF LUBBOCK, TX INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder Must be submitted with Bid i I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will 3 be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a r1 valid insurance certificate to the City meeting all of the requirements defined in this bid. ContracV6rigmal Signature) C CONTRACTOR'S BUSINESS NAME: �ir W"r- K. r or (Print) ri'I iJi o" '�A (Print or Type) 0 CONTRACTOR'S FIRM ADDRESS: ) Iq / 1-c c r Y-)J e- . NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid and award the contract to another contractor. If you have any questions concerning these requirements, please contact' the Director of Purchasing & Contract Management Office for the City of Lubbock at (806) 775-2572. ITB 14-11924-TS, Hoe] Park Walking Track SAFETY RECORD QUESTIONNAIRE 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 bids on City contracts. Pursuant to 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 bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: j' The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidents involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by 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 bidder 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 from bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, 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 bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid 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 Bidder's Initials 2 UESTION TWO 6 Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, 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. f. t YES NO If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid 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 bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, 1 corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted from serious bodily injury or death? YES NO 3 If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: IJ Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. E, 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 shall be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. Signature P11- Title 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 $50,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $50,000 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 $50,000 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. I, 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: v FEDERAL TAX ID or SOCIAL SECURITY No. Signature of Company Official: Printed name of company official signing Date Sianed: _ (—IV _ 4 PAGE INTENTIONALLY LEFT BLANK LIST OF SUB -CONTRACTORS PAGE INTENTIONALLY LEFT BLANK ITB 14-11924-TS — Hoel Park Walking Track 1. 2. 3. 4. 5. 6. 7. S. 9. 10. 11. 12. 13. 14. 15. 16. LIST OF SUB CONTRACTORS C�ompany�=rjc Location Services Provided }I Rio �,.�c �2 _ 6- 7�- Company I Address County Lb61-- �7� , C-74'0--q State Zip Code Telephone: Fax: �-11 Minority Owned Yes No ❑ �C ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB —CONTRACTORS WILL BE USED PLEASE INDICATE SO 2 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. ITB 14-11924-TS Hoel Park Walking Track FINAL LIST OF SUB CONTRACTORS Company Name Location Services Provided Address City, County `J.L State Zip Code Telephone: -W 1- 3-) i�-.-1 Fax: �Q(e - ti d1 8 010 Minority Owned Yes No El ❑ ❑ ❑ ❑ ❑ ❑ Cl ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Cl ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED WITHIN 7 DAYS OF BID CLOSING. IF NO SUB —CONTRACTORS WILL BE USED PLEASE INDICATE SO. 3 PERFORMANCE BOND pr_ PAGE INTENTIONALLY LEFT BLANK PAYMENT BOND I 1 PAGE INTENTIONALLY LEFT BLANK .,1 BOND NO. 4396694 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 Turfmaster Irrigation & Landscaping, Inc. (hereinafter called the Principal(s),asPrincipal(s),and SURETEC INSURANCE COMPANY (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Two Hundred Twenty Nine Thousand Dollars ($229,000) 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 24th day of July, 2014, to ITB 14-11924-TS Hoel Park Walking Track 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 _ h the plans, specifications and contract documents, then this obligation shall faithfully perform the work in accordance wit 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. I '! IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 5TH L, day of AUGUST , 2014. SURETEC INSURANCE COMPANY Surety , f B r * 1��✓� y: (Title) MARLA HILL ATTORNEY —IN —FACT TURFMASTER IRRIGATION & (Company Name) LANDSCAPING, INC. (Title) r-e 5. The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates HOWARD COWAN an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. SURETEC INSURANCE COMPANY Surety *B - �,a,& Y (Title) MARLA HILL ATTORNEY -IN -FACT Approved as to Form City of Lubbock By: City A y W��C * Note: If signed by an Office 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. 3 BOND NO. 4396694 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) l OF THE TEXAS GOVERNMENT CODE j (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that Turfmaster Irrigation & Landscaping, Inc. (hereinafter called the Principal(s), as Principal(s), and SURETEC INSURANCE COMPANY (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Two Hundred Twenty Nine Thousand Dollars ($229,000) 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 24th day July of 2014, to ITB 14-11924-TS Hoel Park Walking Track 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 mants supplying labor and material to him or a subcontractor in the prosecution of the work shall pay all clai 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 5TH day of AUGUST ,2014. SURETEC INSURANCE COMPANY Surety *By. ( itle) A HILL ATTORNEY —IN —FACT TURFMASTER IRRIGATION & (Company Name) LANDSCAPING, INC. (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates HOWARD COWAN an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. S RETEC !NSuRANCE COMPANY Surety d * By Pitle MARLA HILL ATTORNEY —IN —FACT Approved as to form: * Note: If signed by an Office 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. 6 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 Web: ht_pt ://www.tdi.state.tx.us Email: Con sum erProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Texas Rider 06042014 pOA #: 4221000 0 001 Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Howard Cowan, Marla Hill its true and lawful Attomey-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 12/3112015 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved; that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 21 st day of March, A.D. 2013. yy�yN9Wgbmy SURETEC INSURANCE COMPANY ��URAiVp�% �' P G�' X By: w ; w t n= John kdox Ji resident State of Texas ss: r +. `� ' z' tp •. d a County of Harris PoINpW�' On this 21st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. �..xYPu JACOUELYN MALDONADO Notary Public State of Texas My Comm. Exp. 5/18/2017 Jacq elyn Maldonado, Notary Public My commission expires May 18, 2017 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 5TH day of _AUGUST 2014 A.D. M. Bre t Beaty, Assistant ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. CERTIFICATE OF INSURANCE PAGE INTENTIONALLY LEFT BLANK /ACORU® CCO CERTIFICATE OF LIAR Y INSURANCE DATE (MM/DD/YYYY) 8/22/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: It the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Aycock & Fowler Insurance Agency 9816 Slide Road Suite 302 Lubbock TX 79424 COMEACT Lily Garza PHONE (806) 798-2700 1ac No: fe06>79e-2070 DDRL AESS:g 1 arza@aandfins.com ADD INSURERS AFFORDING COVERAGE NAIC # INSURER A; America First Insurance INSURED Turfmaster Irrigation & Landscaping, Inc. 11410 Trafalgar Ave Lubbock TX 79424 INSURERB:Texas Mutual Insurance Company 2945 INSURERC: INSURERD: INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER_CL142301933 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1�7R TYPE OF INSURANCE POLICY NUMBER MWDDtYYYYY MMFF ND� LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 D GE PREMISES a occurrence $ 100,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE �X OCCUR aBP1032087 /1/2014 /1/2015 IVIED EXP (Any one person) $ 5,000 PERSONAL 8ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ 2,000,000 POLICY X PRO- CT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT a accident 1 000 000 BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED X SCHEDULED AUTOS AUTOS 032088 /1/2014 /1/2015 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE eraccident $ NON -OWNED HIRED AUTOS X AUTOS Underinsured motorist $ 1,000,000 X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 3,000,000 4DED AGGREGATE $ 3,000,000 A EXCESS LIAR CLAIMS -MADE I X I RETENTION 10,00 $ 8890555 /1/2014 /1/2015 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) N / A SF0001147343 /26/2014 /26/2015 X I WC STATU- OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 Ifyes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more apace Is required) Respects to: ITB14-11924-TS Hoel Park Walking Track. The above General Liability and Auto Liability policies include a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The above General Liability, Auto Liability and Workers Compensation policies include a blanket Waiver of Subrogation endorsement in favor of the certificate holders only when there is a written contract between the named insured and the certificate holder that requires such status. lt;4; lAaIa:1 City of Lubbock c/o City of Lubbock 1625 13th Street Suite 204 Lubbock, TX 79401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Purchasing Dept AUTHORIZED REPRESENTATIVE . Aycock/LGl ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION_ All rights reserved_ INS025 oninmi n1 The arnpn nmmn nnri Innn arc rcnicfororl mnrlrc of ArnRn s THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED, IN A CONTRACT OR AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2 The injury or damage occurs subsequent to the execution of the written contract or agreement. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 22-126 (01/08) Page 1 of 1 No Text WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC420304A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement Is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE. This endorsement changes the policy to which it is attached effective on the Inception dale of the policy unless a different date Is Indicated below. (The following 'attaching clause" need be completed only when this endorsement Is Issued subsequent to preparation of the policy.) This endorsement, effective on at 1 Z01 A.M. standard time, forms a part of PollcyNo. TSF-0001147343 20140725 of the Texas Mutual Insurance Company Issuedto TURFMASTER IRRIGATION & LANDSCAPING INC Premium $ WC420904A (ED. 1-01-2000) Endorsement No. 1"R -&� Authorized Representative INSURED'S COPY GUSER 7-23-2014 No Text THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT COVERAGEINDEX Description Page TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE 1 BROAD FORM INSURED 2 EMPLOYEES AS INSUREDS 2 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 2 SUPPLEMENTARY PAYMENTS 2 AMENDED FELLOW EMPLOYEE EXCLUSION 3 HIRED AUTO PHYSICAL DAMAGE 3 TOWING AND LABOR 3 PHYSICAL DAMAGE- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 3 RENTAL REIMBURSEMENT 4 EXTRA EXPENSE - BROADENED COVERAGE 4 PERSONAL EFFECTS COVERAGE 4 AIRBAG COVERAGE 4 LEASE GAP 4 GLASS REPAIR -WAIVER OF DEDUCTIBLE 5 DRIVE OTHER CAR FOR EXECUTIVE OFFICERS 6 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 7 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS 7 BODILY INJURY REDEFINED 7 EXTENDED CANCELLATION CONDITION 7 The following modifies insurance under the: BUSINESS AUTO COVERAGE FORM 1. TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE SECTION I - COVERED AUTOS, paragraph C. is changed by adding the following: If Physical Damage Coverage is provided under the Business Auto Coverage Form for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of its breakdown, repair, servicing, "loss", or destruction. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1997 16-59f (05104) Page 1 of 7 2. BROAD FORM INSURED SECTION Il - LIABILITY COVERAGE -WHO IS AN INSURED is amended to include as an insured: 1. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the period for which this endorsement is effective, if there is no similar insurance available to that organization. However, the Named Insured does not include any organization: a. that is a partnership or joint venture, or b. that is an insured under any other policy, or has exhausted its Limit of Insurance under any other policy. 2. Paragraph 1. b. above does not apply to a policy written to apply specifically in excess of this policy. 3. Coverage for newly acquired or formed organizations Is afforded only for 180 days from the date of acquisition or formation. 4. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired that organization. 3. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE -WHO IS AN INSURED is amended to include as an insured: Any employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. 4. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION it - LIABILITY COVERAGE - WHO IS AN INSURED is amended to include as an Insured any person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is afforded under this policy. This provision 4. does not apply unless the written contract or agreement has been executed, or permit has been issued, prior to the "bodily injury" or "property damage." 5. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, 2.a. Supplementary Payments, items (2) and (4) are replaced by the following: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earnings up to $300 a day because of time off from work. 6. AMENDED FELLOW EMPLOYEE EXCLUSION Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1997 >" 16-59f (05/04) Page 2 of 7 SECTION II - LIABILITY, exclusion 5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. The insurance provided under this provision 6. is excess over any other collectible insurance. 7. HIRED AUTO PHYSICAL DAMAGE SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following. - If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss, or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos" you hire, subject to the following limit and deductible: The most we will pay for "loss" to any hired 'auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. Subject to a maximum of $750 per "accident", we will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable, and the lessor incurs an actual financial loss. 49 The insurance provided under this provision 7. is excess over any other collectible insurance. 8. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, A.2.Towing, is replaced by the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks" that have a gross vehicle weight (GVW) of 10,000 pounds or less, we will pay up to $50 per disablement. c. For "medium trucks" that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds, we will pay up to $150 per disablement. However, the labor must be performed at the place of disablement. 9. PHYSICAL DAMAGE- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extension, is amended to provide a limit of $50 per day and a maximum limit of $1000. 10. RENTAL REIMBURSEMENT Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1997 16-59f (05/04) Page 3 of 7 SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", other than theft, to a covered "auto". We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." The most we will pay for any one "accident" or "loss" is $1000. No deductible applies to this coverage. 11. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of retuming a stolen covered "auto" to you. 12. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision 12. is excess over any other collectible insurance. B. SECTION V -DEFINITIONS is amended by adding the following: "Personal effects" means tangible property that is worn or carried by an "insured". 'Personal effects" does not include tools, jewelry, money or securities. 13. AIRBAG COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion relating to mechanical breakdown does not apply to the accidental discharge of an air bag. 14.. LEASE GAP A. SECTION III -PHYSICAL DAMAGE COVERAGE -LIMIT OF INSURANCE is amended by adding the following: The most we will pay for a "total loss" in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1997 16-59f (05/04) Page 4 of 7 b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees, or; 2. The actual cash value of the damaged or stolen property as of the time of the "loss". B. ADDITIONAL CONDITIONS This coverage applies only to the original loan or lease written on a covered "auto". C. SECTION V - DEFINITIONS is changed by adding the following: As used in this endorsement: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. "Balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 16. GLASS REPAIR - WAIVER OF DEDUCTIBLE SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following to D. DEDUCTIBLE : No deductible applies to glass damage if the glass is repaired rather than replaced. 16. DRIVE OTHER CAR FOR EXECUTIVE OFFICERS A. This provision 17. changes only those coverages where a limit and premium is shown in the Declarations. B. CHANGES IN LIABILITY COVERAGE: Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1997 16-59f (05/04) Page 5 of 7 Any "auto" you do not own, hire or borrow is a covered "auto" for Liability Coverage while being used by any of your "executive officers", except: Any "auto" owned by that "executive office[" or a member of that person's household, or Any "auto" used by that "executive officer" while working in a business of selling, servicing, repairing or parking "autos". C. CHANGES IN AUTO MEDICAL PAYMENTS AND UNINSURED MOTORISTS AND UNDERINSURED MOTORISTS COVERAGE The following is added to WHO IS AN INSURED: Any individual "insured" and his or her "family members" are "insured" while "occupying" or while a pedestrian when being struck by any "auto" you do not own except: Any "auto" owned by that individual or by any "family member". D. CHANGES IN PHYSICAL DAMAGE COVERAGE: Any private passenger type "auto" you do not own, hire or borrow is a covered "auto" while in the care, custody or control of any of your "executive officers" except: Any "auto" owned by that individual or by any member of his or her household. Any "auto" owned by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". E. ADDITIONAL DEFINITIONS: As used in this endorsement: "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and that person's spouse, while a resident of the same household: "Family member" means a person related to an "executive officer" by blood, marriage or adoption who is a resident of the individual's household, including a ward or foster child. F. The insurance provided under this provision 17. will be: Equal to the broadest of those coverages afforded any covered "auto", and Excess over any other collectible insurance. 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: If you unintentionally fail to disclose any hazards or exposures existing as of the inception date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard or exposure as soon as practicable after its discovery, and we Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1997 16-59f (05/04) Page 6 of 7 have the right to collect additional premium for same. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR "LOSS" SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is amended by adding the following. - You must give us notice of an "accident", claim, "suit" or "loss" only when it is known to: 1. You, if you are an individual, 2. A partner, if you are a partnership, 3. A member, if you are a limited liability company, or 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. 19. BODILY INJURY REDEFINED Under SECTION V - DEFINITIONS, definition C. is replaced by the following: "Bodily Injury" means physical injury, sickness or disease sustained by a person including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. 20. EXTENDED CANCELLATION CONDITION The COMMON POLICY CONDITIONS - CANCELLATION provision applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision 20. does not apply in those states which require more than 60 days prior notice of cancellation. Includes copyrighted material of Insurance Services Office, Inc with its permission. Copyright, Insurance Services Office, Inc., 1997 01, 16-59f (05/04) Page 7 of 7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies Insurance under the COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE The following endorsement provision does not apply when 'X' is shown in the space provided below: Provision B. PROPERTY DAMAGE— BORROWED EQUIPMENT does not apply Provision C. PROPERTY DAMAGE — CUSTOMERS' GOODS does not apply Provision F. MEDICAL PAYMENTS EXTENSION does not apply Provision H. ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT does not apply Provision L ADDITIONAL INSUREDS —VENDORS does not apply Provision J. BROAD FORM NAMED INSURED does not apply Provision K. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES does not apply Provision L. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT does not apply (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED WATERCRAFT Under paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION 1), provision (2)(a) of exclusion U. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that Is: (a) Less than 51 feet long; and B. PROPERTY DAMAGE — BORROWED EQUIPMENT 1. Under paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION 1), provision (4) of exclusion I. Darnago To Property does not apply to 'property damage' to borrowed equipment while that equipment is not being used to perform operations at the job site. 2. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 4. Other Insurance, paragraph b. Excess Insurance: The Insurance afforded by provision B. In the Commercial General Liability Extension Endorsement is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is property Insurance. 3. This endorsement provision B. does not apply when it is shown in the Schedule as not applicable. Includes copyYio(ed material of Irwrmm Services Cf5ce, Inc. with Its panwssmo Copyrtght, IraL awe Services 01 c , Inc., 2000 22-46TX (12102) Page 1 of 6 MAIM11 10321217 NN170307 0gp1 INSURED COPY Pe3O11dGe O J14383 ACAFPPN 00010450 Psps 53 C. PROPERTY DAMAGE — CUSTOMERS' GOODS 1. Under paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE UABILTY (SECTION 1). provisions (3). (4) and (6) of exclusion ). Damage To Property do not apply to 'property damage' to "customers' goods" while on your premises. 2. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 4. Other Insurance, paragraph b. Excess insurance: The insurance afforded by provision C. in the Commercial General Liability Extension Endorsement is excess over any of the other Insurance, whether primary, excess, contingent or on any other basis, that is property insurance. 3. The following is added to SECTION V — DEFINITIONS: 'Customers' goods" means property of your customer on your premises for the purpose of being worked on or used in your manufacturing process. 4. This endorsement provision C. does not apply when it is shown in the Schedule as not applicable. D. PROPERTY DAMAGE LIABILITY — ELEVATORS 1. Under paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION 1), provisions (3), (4) and (6) of exclusion J. Damage To Property do not apply if such "property damage" results from the use of elevators. 2. The following is added to SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4. Other Insurance, paragraph b. Excess Insurance: The insurance afforded by provision D. in the Commercial General Liability Extension Endorsement is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is property insurance. E. DAMAGE BY FIRE, LIGHTNING, EXPLOSION, SMOKE OR LEAKAGE If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under subsection 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION 1): a. The fourth from the last paragraph of exclusion ). Damage To Property is replaced by the following: Paragraphs (1). (3) and (4) of this exclusion do not apply to "property damage' (other than damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III — LIMITS OF INSURANCE. b. The last paragraph of subsection 2. Exclusions Is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III — LIMITS OF INSURANCE. Includes eopyrigfiWd matener of Insurance Services Office. Inc. wild Its permission Upyright. Insurance Services Office. Inc. 2000 22-45TX (12W) Page 2 of 6 mIMM1It iOXM7 NN11(ty" nom INSURED COPY ^�� . ,.^��. _ ...... 2. Paragraph S. under SECTION III —LIMITS OF INSURANCE is replaced by the foilowing: 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under T.. Coverage A for damages because ofproperty damage' to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic protection systems, while rented to you or temporarily occupied by you with permission of the owner. This limit Is the greater of: a. $300,000; or b. The amount shown in the Declarations for Damage To Premises Rented To You Limit, 3. The word 'fire' is changed to `fire, lightning, exploson, smoke, or leakage from automatic fire protection systems' where it appears In: a. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4. Other insurance, paragraph b. Excess Insurance, subparagraph (1)(b); and b. SECTION V — DEFINITIONS, paragraph 9.a. F. MEDICAL PAYMENTS EXTENSION 1. SECTION III — LIMITS OF INSURANCE, paragraph 7. is replaced by the following: 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C. for all medical expenses because of 'bodily Injury sustained by any one person. The Medical Expense Limit is the greater of: a. $15,000; or 02 b. The Medical Expense Limit shown In the Declarations. 2. Under provision 1. Insuring Agrbement of COVERAGE C MEDICAL PAYMENTS (SECTION 1), the second subparagraph (2) of paragraph a. is replaced by the following: (2) The expenses are incurred and reported to us within three years of the date of the accident; and 3. This endorsement provision F. does not apply when: a. It is shown in the Schedule as not applicable; or b. COVERAGE C. MEDICAL PAYMENTS (SECTION 1) is otherwise excluded from this Coverage Part. G. EXTENSION OF SUPPLEMENTARY PAYMENTS -- COVERAGES A AND B Under SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 1.b. is replaced by the following: b. Up to $2500 for cost of ball bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph i.d. Is replaced by the foliowing: d. Alf reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or *suit", including actual loss of earnings up to $300 a day because of time off from work. incwdes oopyrtghfod malorial of Insurance SwvIces Ofto, Inc. write its permission. Copyrighl. imuranco SoMma Offtce, Inc, 2000 22-45TX (12102) Page 3 of 6 0MIM13 1032W NN170307 OM INSURED COPY PGDM0800 J14383 ACAFPPN 00010.181 Pape 56 H. ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT s 1. Paragraph 2. under SECTION It — WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as Is afforded under this Coverage Part. Such person or organization is an additional insured only with respect to liability arising out of a. Your ongoing operations performed for that person or organization: or b. Premises or facilities owned or used by you. With respect to provision 1.& above, a person's or organization's status as an insured under this endorsement ends when your operations for that person or organization are completed. With respect to provision 1.b. above, a person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such premises or facilities ends. 2. This endorsement provision H. does not apply: a. Unless the written contract or agreement has been executed, or permit has been issued, prior to the "bodily injury", 'property damage' or "personal and advertising injury"; b. To 'bodily injury" or "property damage" occurring after: (1) All work, Including materials, parts or equipment furnished in connection with such work, in the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed: or (2) That portion of `your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; c. To the rendering of or failure to render any professional services including, but not limited to, any professional architectural, engineering or surveying services such as: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; d. To `bodily injury", 'property damage" or "personal and advertising injury" arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing; e. To any person or organization included as an insured under provision 1. of this endorsement; f. To any person or organization included as an insured by a separate additional insured endorsement issued by us and made a part of this policy; or g. When it is shown in the Schedule as not applicable. Incltdes copyrighled material or Insurance Services Office, Inc. with its pern lsslon Copyright, Insurance SeMces Office, Inc., 2000 22-45TX (12102) Page 4 of 6 ....w�M.w 4-.-. 47 0 'A1q *nV17 nanl INSURED COPY Dnh�YYVvI __At" APACDOM n r"Irum Pao, Ka No Text I. ADDITIONAL INSURED —VENDORS v Paragraph Z. under SECTION It --WHO IS AN INSURED is amended to include as an insured any person or organization (referred to below as lrendorl with whom you agreed, in a written contrad or agreement to provide Insurance such as is afforded under this policy, but only with respect to'bodily injury' or'property damage' arising out of 'your products' which are distributed or soli in the regular course of the vendors business, subject to the following additional exclusions: I. The insurance afforded the vendor does not apply to: a. 'Bodily injury" or 'property damage' for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This ekclusion does not apply to liability for damages that the vendor would have in the absence of the Contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or substitution of parts under instructions from the manufacturer, and then repackaged in the original container, e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the course of business, in connection with the distribution or sale of the products; f. Demonstration; installation, servicing or repair operations, except such operations performed at the vendors premises in connection with the sale of the product; g. Products which, after disin'budon or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. To 'bodily injury" or 'property damage' arising out of any act, error or omission that results from the additional Insured's sole negligence or wrongdoing. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This endorsement provision I. does riot apply when it is shown in the Schedule as not applicable. J. BROAD FORM NAMED INSURED 1. SECTION If —WHO IS AN INSURED is amended to include as an insured any legally Incorporated entity of which you own more than 50 percent of the voting stock during the policy period. 2. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 4.Other insurance, paragraph b. Excess Insurance: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that Is available to an Insured solely by reason of ownership by you of more than 50 percent of the voting stock. 3. Paragraph 2. of this endorsement provision J. does not apply to a policy written to apply specifically h excess of this policy. 4. This endorsement provision J. does not apply when it is shown in the Schedule as not applicable. includes capyrtghted material or Insuraxa Sendces Office, Inc. with Its permlmon. Copydot Insurance Services Office, Inc., 2000 22-45TX (12J02) Page 5 of 6 rm n+rx",4 103M NN170307 0001 INSURED COPY PGOM0600 J14W ACAFPPN 00010463 I'Ve 57 No Text K. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 1. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior 'occurrences' existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior `occurrences' is not intentional. 2. This endorsement provision K. does not apply when it is shown in the Schedule as not applicable. L. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 1. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 2. Duties In the Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence', offense, claim or "suit' by an agent, servant or'employee' of any insured shall not In itself constitute knowledge of the insured unless an insured listed under paragraph 1. of SECTION fI — WHO IS AN INSURED or a person who has been designated by them to receive reports of occurrences, offenses, claims and `suits" shall have received such notice from the agent, servant or 'employee'. 2. This endorsement provision L. does not apply when it is shown in the Schedule as not applicable. M. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. This does not apply to provisions that are shown in the Schedule as not applicable. N. BODILY INJURY REDEFINED Under SECTION V — DEFINITIONS, definition 3. is replaced by the following- 3.'Bodily Injury' means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. Includes copympled material of Insurance Services Office, Irx: with its permission. Copyright, Insurance SeMcas Offk-,a, loc.. 2000 22-45U (12102) Page 6 of 6 O2n01aofl 1032W7 NN>MW nam INSURED COPY ,.,.,.,...e _ -------, -- -- No Text CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 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 Commercial General Liability General Aggregate $ Claims Made Products-Comp/Op AGG $ Occurrence Personal & Adv. Injury $ Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) $ Med Exp (Any one Person) $ AUTOMOTIVE LIABILITY Any Auto Combined Single Limit $ All Owned Autos Bodily Injury (Per Person) $ Scheduled Autos Bodily Injury (Per Accident) $ Hired Autos Property Damage $ Non -Owned Autos GARAGE LIABILITY Any Auto Auto Only - Each Accident $ Other than Auto Only: Each Accident $ Aggregate $ BUILDERS RISK 100% of the Total Contract Price $ INSTALLATION FLOATER $ EXCESS LIABILITY Umbrella Form Each Occurrence $ Aggregate $ Other Than Umbrella Form $ WORKERS COMPENSA TION AND EMPLOYERS' LIABILITY The Proprietor/ Included Statutory Limits Partners/Executive Excluded Each Accident $ Offices 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 MUST BE SENT TO THE CITY OF LUBBOCK (Name of Insurer) itz Title: 1 The Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto /General Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. IT SHALL BE THE CONTRACTOR'S. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. 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 extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON CONTRIBUTORY BASIS TO INCLUDE PRODUCT-COMP/OP 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 WORKER'S COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. TILE ADDITIONAL INSURED ENDORSEMENT SMALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. REQUIRED WORKERS' COMPENSATION COVERAGE e "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the } identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to ? report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. PAGE INTENTIONALLY LEFT BLANK I u CONTRACT I I PAGE INTENTIONALLY LEFT BLANK CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 24th day of July,2014, 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 Turfmaster Irrigation & Landscaping, Inc. of the City of Lubbock, TX, 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 1 CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: F: ITB 14-11924-TS Hoel Park Walking Track 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 Conditions of Agreement. Turfmaster Irrigation & Landscaping, Inc.'s bid dated July 1, 2014 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 been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. ' IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: .:: By: PRINTED N t .� L �— TITLE: r COMPLETE ADDRESS: Company�t.��4m�i�5 r Address F A-J e- !� City, State, Zip LAA- ')IliaI ATTEST: Corporate Secretary CITY OF LUBB K, TE (OWNER): By: Gle.G . Robertson, Mayor Scott Snider, Assistant City Manager • PAGE INTENTIONALLY LEFT BLANK GENERAL CONDITIONS OF THE AGREEMENT PAGE INTENTIONALLY LEFT BLANK r., (. 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 i Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit Turfmaster Irrip_ation & Landscaping, 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 Jeffrey Stuart, Parks Development Manager, so designated who shall inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular manner under this agreement. Engineers, supervisors or inspectors shall 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 Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". INTERPRETATION OF PHRASES { - Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, } designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. _ 6. SUBCONTRACTOR The tern 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 shall look exclusively to Contractor for any payments due g Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 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 Office of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. 3 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. t_ 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 shall 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 shall not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor shall 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 shall 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 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 shall 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 are needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 1 2 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION $ " It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the 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. 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 Office, 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 furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment are permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at - all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be ,3 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 shall be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests shall 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 i- 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 j 4 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 t 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 t-- 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, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: e; 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. i In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the1 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 shall be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an 1 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 Offices, 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 shall be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverage's shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. 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. COPIES OF THE 1 ENDORSEMENTS ARE REQUIRED. A. C. Q E. F. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,00OCombined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury WITH HEAVY EQUIPMENT ENDORSEMENT Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, - NOT REQUIRED. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $1,000,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. Builder's Risk Insurance/Installation Floater Insurance - NOT REQUIRED. Umbrella Liability Insurance - NOT REQUIRED. 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. 2. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of _insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the persons 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. 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 F , [I of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity shall 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. 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 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; i (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 shall provide services on the project shall be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job , specifications. No substitute of nor amendment thereto will be acceptable. (8) If policylimits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall:_ 10 (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 goverrunental --- entity: i a certificate of coverage, prior to that person beginning work on the project, so (�) g, p p � g p j , the governmental entity will have on file certificates of coverage showing ( coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the 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 800-372-7713 or 512-804- 4000 (www.tdi.state.tx.us) 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 i 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; 11 29 30 (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 (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; F, (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, IJ within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 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. 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 Offices, 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 12 and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its Offices, 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 Offices, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its Offices, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances < within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice --, to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are -- essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. 13 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 $120 ONE HUNDRED TWENTY DOLLARS PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein --_ fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except 14 38. 39 H1 41. 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. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its Offices, 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. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 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. 15 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 fiu-ther, less all previous payments and all fiu-ther sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final 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 31st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which 16 rs t shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR t- 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 f 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: 17 (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 Po 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 (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. 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. 18 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, t 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 19 Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or 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. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 58. NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 59. HOUSE BILL 2015 House Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly 1 classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified. Governmental entities may want to include information on this new misclassification penalty in their contacts with entities that are providing services covered by this new requirement (Texas Government Code Section 2155.001). L 20 60. INDEMNITY/WAIVER Contractor shall indemnify, hold harmless, and defend the City of Lubbock, its officers, employees, elected officials, agents, and representatives (herein collectively referred to as "Indemnitees") from and against any and all liability, alleged liability, suits, action, legal proceedings, claims, or demands incurred as a result of, or in connection with, this Contract or the work to be performed hereunder, including cost of suit, attorneys' fees, and all other related costs and expenses of whatever kind or character arising directly or indirectly from any cause whatsoever in connection with or incidental to this Contract, or the work to be performed hereunder, including such injury or harm as may be caused in part by any neglect, act, or omission of the Indemnitees, excepting only such injury or harm as may be caused solely by an act or omission thereof. Notwithstanding the foregoing, the Contractor specifically agrees to so indemnify, hold harmless, and defend the Indemnitees from and against any and all such liability, suits, action, legal proceedings, claims, or demands that may be made or pursued by an employee of Contractor, or of any subcontractor, or anyone acting on behalf of Contractor in connection with or incidental to this Contract which are alleged to be attributable to any condition of or upon the City's property, facilities, materials, or equipment, including where such condition and resulting injury is caused in part by any negligent act or omission of the Indemnitees, but excepting only such injury or harm as may be caused solely by an act or omission of the Indemnitees. Contractor agrees to waive any and all claims and suits covered by this indemnity agreement, and agrees that any insurance carrier involved shall not be entitled to subrogation under any circumstance against the Indemnitees. 21 PAGE INTENTIONALLY LEFT BLANK DAVIS BACON WAGE DETERMINATIONS PAGE INTENTIONALLY LEFT BLANK EXHIBIT A General Decision Number: TX140007 01/03/2014 TX7 Superseded General Decision Number: TX20130007 State: Texas Construction Types: Heavy and Highway Counties: Armstrong, Carson, Crosby, Ector, Irion, Lubbock, Midland, Potter, Randall, Taylor and Tom Green Counties in Texas. HEAVY & HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 01/03/2014 * SUTX2011-002 08/02/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving & Structures) ... $ 13.55 ELECTRICIAN ...................... $ 20.96 FORM BUILDER/FORM SETTER Paving & Curb ...............$ 12.36 Structures ..................$ 13.52 LABORER Asphalt Raker ............... $ 12.28 Flagger.....................$ 9.30 Laborer, Common .............$ 10.30 Laborer, Utility ............ $ 11.80 Work Zone Barricade Servicer....................$ 10.30 POWER EQUIPMENT OPERATOR: Asphalt Distributer ......... $ 14.87 Asphalt Paving Machine ...... $ 13.40 Broom and Sweeper ........... $ 11.21 Crane, Lattice Boom 80 Tons or Less ................$ 16.82 Crawler Tractor Operator .... $ 13.96 Excavator, 50,000 lbs or less ........................$ 13.46 Front End Loader Operator, Over 3 CY................... $ 12.77 Front End Loader, 3CY or less ....................................$ 12.28 LoaderBackhoe............$ 14.18 Mechanic......... $ 20.14 Milling Machine .............$ 15.54 Motor Grader, Rough ........ $ 16.15 Motor Grader, Fine .......... $ 17.49 Pavement Marking Machine .... $ 16.42 Reclaimer/Pulverizer........ $ 12.85 Roller, Asphalt .............$ 10.95 Roller, Other ...............$ 10.36 Scraper .....................$ 10.61 Spreader Box ................$ 12.60 Servicer .........................$ 13.98 Steel Worker (Reinforcing) ....... $ 13.50 TRUCK DRIVER Lowboy -Float ................ $ 14.46 Single Axle .................$ 12.74 Single or Tandem Axle Dump..$ 11.33 Tandem Axle Tractor with Semi ........................$ 12.49 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non -union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters, PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter + a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT B 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 C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. PAGE INTENTIONALLY LEFT BLANK SPECIFICATIONS PAGE INTENTIONALLY LEFT BLANK HOEL WALKING TRACK 92288.9246.30000 CITY OF LUBBOCK PARK DEVELOPMENT TECHNICAL SPECIFICATIONS SUMMARY OF WORK Hoel Walking Track Base Proposal; The work included under these Specification's shall consist of the furnishing of all demolition and removal of designated items; salvage irrigation heads to owner, site preparation, surveying and layout, etc, earthwork and fine grading, curb, gutter and sidewalks, striping, asphalt patching, irrigation system, hydro -mulched seed, planted and established to a "uniform stand" to the satisfaction of the Owner, limited turf maintenance and warranty(s) in accordance with the attached Specifications and Drawings. It is the intent of these Specifications and Drawings, to form a guide for the construction of above items. Therefore, any minor items not specifically noted, but reasonably necessary for a complete installation shall be furnished under this Contract and included in the proposal prices, no separate payment will be made for any minor items. END OF SECTION SUMMARY OF WORK i SECTION 00007 SEALS — DESIGN RESPONSIBILITY The specification sections authenticated by my seal and signature are limited to the following: 01010 Summary 01300 Submittals 01500 Temporary Facilities 01630 Substitutions 02200 Demolition, Removal and Salvaging of Existing Materials 02300 Earthwork 02810 Irrigation Systems 02870 Site Furnishings 02921 Turfgrass Lawns 03300 Concrete 07800 Special Conditions Landscape Architecture in Texas is regulated by: Texas Board of Architectural Examiners PO Box 12337, Austin, TX 78711 �iq 34 ,;U Irrigation in Texas is regulated by: Texas Commission on Environmental Quality PO Box 13087, Austin, TX 78711-3087 END OF SECTION SEALS —DESIGN RESPONSIBILITY 00007 - 1 PAGE INTENTIONALLY LEFT BLANK SECTION 00010 TABLE OF CONTENTS 00001 Title Page 00007 Seals -Design Responsibility 00010 Table of Contents 01010 Summary 01025 Measurement and Payment 01300 Submittals 01400 Quality Control 01410 Testing Laboratory Services 01500 Temporary Facilities & Controls 01560 Environmental Protection 01600 Material and Equipment 01630 Substitutions 01700 Contract Closeout 02200 Demolition, Removal and Salvaging of Existing Materials 02300 Earthwork 02810 Irrigation Systems 02870 Site Furnishings 02921 Turfgrass Lawns 03300 Concrete 07800 Special Conditions END OF SECTION TABLE OF CONTENTS 00007 - 1 N PAGE INTENTIONALLY LEFT BLANK SECTION 01010 SUMMARY OF WORK PART 1- GENERAL 1.01 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division 1 - General Requirements apply to the work of this Section. 1.02 SECTION INCLUDES A. Work covered by Contract Documents B. Contractor use of site. C. Owner occupancy. 1.03 WORK COVERED BY CONTRACT DOCUMENTS A. Identification: Hoel Park, 1. Location: 9002 Chicago Ave, Lubbock, TX 79424. 2. Owner: City of Lubbock R. Verbal Summary: Drawings and general provisions of the Contract, including General Conditions, apply to this Section. Without force or effect on requirements of the Contract Documents a brief description of the Project is as follows: The'Base Proposal includes all labor, materials, services and equipment required in conjunction with, or properly incidental to work described in the plans and specifications. Work includes concrete side walk, curb and gutter, asphalt patch, site grading, irrigation, electrical conduit and fine grading. C. The work will be constructed under a single prime contract. 1.04 CONTRACTOR USE OF PREMISES A. General: During the construction period.the Contractor shall have full use of the premises for construction operations, including use of the site. The Contractor's use of the premises is limited only by the Owner's right to perform work or to retain other contractors on portions of the Project. B. Use of the Site: Limit use of the premises to work in areas indicated. Confine operations to areas within contract limits indicated. Do not disturb portions of the site beyond the areas in which the Work is indicated. 1.05 OWNER OCCUPANCY 1. Allow for Owner occupancy. 2. Driveways and Entrances: Keep entrances serving the premises clear and available to the Owner, the Owner's employees, and emergency vehicles at all times. END OF SECTION SUMMARY OF WORK 01010 - 1 4219 SECTION 01025 MEASUREMENT AND PAYMENT PART 1- GENERAL 1.01 BID PRICE A. The lump sum price bid on each item, as stated in the proposal, shall include furnishing all labor, superintendence, machinery, equipment and materials necessary or incidental to complete the various items of work in accordance with the plans and specifications. Cost of work or materials shown on the plans or called for in the specifications and for which no separate payment is made shall be included in the bid price with the most applicable item(s). 1.02 LUMP SUM ITEMS A. Lump sum items to be paid for at a lump sum price per job shall include all work and materials involved in the installation within the limits designated on the plans. No measurement of the work or material included in such items will be made. All work so included shall be installed, constructed or performed as shown on the drawings and specified herein. 1.03 MOBILIZATION/DEMOBILIZATION A. Mobilization and demobilization shall include costs associated with move-in/move-out related equipment and labor, bid bond, performance bond and insurance required for this project. Total mobilization/demobilization cc:s allowed in the pay request sheet shall be limited to 7.5% of the total bid price and shall be, paid based on actual expenses. 1.04 ELECTRICAL A. This work shall be preformed by the Owner. 1.05 CLEANUP A. No measurement or separate payment will be made for site cleanup. Cost for cleanup shall be included as a part of the cost of the various items of work involved. END OF SECTION MEASURENI ENT AND PAY1vIF:NT 01025 -1 em SECTION 01300 SUBMITTALS PART 1-GENERAL 1.01 PROCEDURES A. Deliver submittals to Landscape Architect at the following address: City of Lubbock, Park Development, 1611-1Oth Street, Lubbock, TX 79401. B. Transmit each item under Landscape Architect accepted form. Identify Project, Contractor, Subcontractor and major supplier. Identify pertinent drawing sheet and detail number (if applicable). Identify deviations from Contract Documents. Provide space for Contractor and Landscape Architect review stamps. C. After Landscape Architect review of submittal, revise and resubmit as required, identifying changes made since previous submittal. D. Distribute copies of reviewed submittals to concerned persons. Instruct recipients to promptly report any inability to comply with provisions. 1.02 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 major Specification sections. 1.03 SHOP DRAWINGS A. Prepared by a qualified detailer. B. Submitted as required by the individual Sections and to clarify information shown or called for in the Contract Documents. 1.04 PRODUCT DATA A. Mark each copy to identify applicable Products, models, options, and other data. Supplement manufacturer's standard data to provide information unique to the work. Include manufacturer's instructions when required by the Specification section. B. Submit the number of copies that the Contractor requires plus two copies that will be retained by the Architect. 1.05 MANUFACTURER'S CERTIFICATES A. Submit certificates, in duplicate, in accordance with requirements of each Specification section. B. Manufacturer's standard schematic drawings and diagrams: 1. Modify drawings to delete information that is not applicable to the work. SUBMITTALS 01300 - 1 ME 2. Supplement standard information to provide additional information specifically applicable to the work. C. Manufacturer's catalogsheets brochures, diagrams, schedules performance charts, -a g , illustrations, and other standard descriptive data: 1. Clearly mark each copy to identify pertinent materials, products, or models. 2. Show dimensions and clearances required. 3. Show performance characteristics and capabilities. 4. Show writing or piping diagrams and controls 1.06 SAMPLES A. Submit samples as required by the individual Specification Sections. END OF SECTION SUBMITTALS 01300 - 2 4219 SECTION 01400 QUALITY CONTROL PARTI-GENERAL 1.01 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division 1 - General Requirements apply to the work of this Section. 1.02 SECTION INCLUDES A. Quality assurance and control of installation. B. Inspection and testing laboratory services. C. Tolerances D. Field Samples 1.03 RELATED SECTIONS A. General Conditions of the Agreement. B. Section 01300 -Submittals: Submission of Manufacturers' Instructions and Certificates. 1.04 QUALITY ASSURANCE/CONTROL OF INSTALLATION A. ]vion=.or quality control over suppliers, manufacturers, Products, services, site cor.. ttions, and workmanship, to produce Work of specified quality. B. Comply fully with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Owners Representative before proceeding. D. Comply with specified standards as a minimum quality for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Secure Products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion or disfigurement. F. Perform work by persons qualified to produce workmanship of specified quality. 1.05 INSPECTION AND TESTING LABORATORY SERVICES A. The Contractor will perform inspections, tests, and other services specified in individual specification Sections and as required by the Owners Representative. B. Reports will be submitted by the Contractor to the Owners Representative, in triplicate, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. C. Retesting required because of non-conformance to specified requirements shall be performed on instructions by the Owners Representative. Payment for retesting will be charged to the !" Contractor. QUALITY CONTROL 01400 -1 A. Prior to start of Work, submit testing laboratory name, address, and telephone number, and names of full time registered Engineer and responsible officer. 1.08 LABORATORY RESPONSIBILITIES; A. Test samples of mixes submitted by Contractor. B. Provide qualified personnel at site. Cooperate with Owner's Representative and Contractor in performance of services. C. Perform specified inspection, sampling, and testing of Products in accordance with specified standards. j D. Ascertain compliance of materials and mixes with requirements of Contract Documents. E. Promptly notify Owner's Representative and Contractor of observed irregularities or non- conformance of Work or Products. F. Perform additional inspections and tests required by Owner's Representative. G. Attend preconstruction conferences and progress meetings. 1.09 LABORATORY REPORTS A. After each inspection and test, promptly submit three copies of laboratory report to Owner's Representative and to Contractor. Include: 1. Date issued, 2. Project title and number, 3. Name of inspector, 4. Date and time of sampling or it-spection, 5. Identification of product and Specifications Section, 6. Location in the Project, 7. Type of inspection or test, 8. Date of test, 9. Results of tests and 10. Conformance with Contract Documents. B. When requested by Owner's Representative, provide interpretation of test results. 1.10 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop the Work. L I I CONTRACTOR RESPONSIBILITIES A. Deliver to laboratory at designated location, adequate samples of materials proposed to be used which require testing, along with proposed mix designs. B. Cooperate with laboratory personnel, and provide access to the Work and to manufacturer's facilities. C. Provide incidental labor and facilities to provide access to Work to be tested, to obtain and handle samples at the site or at source of products to be tested, to facilitate tests and inspections, storage and curing of test samples. TESTING LABORATORY SERVICES 01410 -2 r D. Notify Owner's Representative and laboratory 24 hours prior to expected time for operations requiring inspection and testing services. D. Pay costs of testing laboratory services from Allowance specified in Section 01019 on approval of invoices by Owner's Representative. E. Employ services of a separate qualified testing laboratory, arrange with laboratory and pay 1' for additional samples and tests required by Contractor beyond specified requirements. 1.12 SCHEDULE OF INSPECTIONS AND TESTS A. As indicated in individual Specification Sections. PART 2 - PRODUCTS Not Used PART 3-EXECUTION �.. Not Used END OF SECTION TESTING LABORATORY SERVICES 01410 -3 d2t9 SI t I �i SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART1-GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, install and maintain temporary items required for construction. Remove on completion of Work. 1.02 REQUIREMENTS OF REGULATORY AGENCIES A. Comply with federal, state and local codes and regulations, and with utility company requirements. 1.03 STORAGE UNITS A. The Contractor may provide on the premises, suitable watertight storage units for storage of materials. Storage will be maintained in good condition. Coordinate location w/Owner. 1.04 FENCING A. The Contractor may provide temporary fencing. Fencing will be maintained in good - condition. Coordinate location w/Owner. 1.05 SANITARY FACILITIES A. The Contractor may provide toilet facilities for the use of all persons employed on the job. He shall post notices, take such precautions as may be necessary, remove any refuse deposited in or about the building, and maintain the premises in a sanitary condition. 1.06 STORAGE AND STOCKPILE OF EXCAVATED DIRT A. All dirt excavated during the construction process shall be removed to an approved location. Temporary stockpile locations, if required, will be approved by the Owner's Representative. 1.07 DE -WATERING A. Surface or subsurface water or other fluid shall not be permitted to accumulate in excavations. Should such conditions develop, water and other fluids shall be controlled and disposed of by means of temporary pumps, piping, drain lines, ditches, dams, or other approved methods. 1.08 BARRICADES A. Barricades and Protective Measures. 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. B. 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. 1.09 TRAFFIC CONTROL TEMPORARY FACILITIES AND CONTROLS 01500 - 1 r M r I' A. The Contractor shall be responsible for all traffic control and safety during construction. The Contractor shall meet all City requirements for public safety, barriers, and traffic control. The Contractor shall coordinate traffic control with the City of Lubbock. 1.10 REMOVAL OF TEMPORARY FACILITIES A. When any temporary facility is no longer needed for the proper conduct of the work, the Contractor shall completely remove it from the project and shall repair or replace any material, equipment, or finished surface damaged by doing so. 1.11 PARKING FACILITIES A. Restrict parking of construction personnel vehicles to areas designated on Drawings or as directed by Owner. END OF SECTION TEMPORARY FACILITIES AND CONTROLS 01500 - 2 am SECTION 01560 ENVIRONMENTAL PROTECTION PART1-GENERAL 1.01 REFERENCES A. The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. 1. CODE OF FEDERAL REGULATIONS (CFR) 2. 29 CFR 1910-SUBPART G Occupational Health and Environmental Control 3. CORPS OF ENGINEERS (COE) 4. COE EP-1165-2-304 1976 Flood Plain Regulations for Flood Plain Management 1.02 DEFINITIONS A. Sediment, Soil and other debris that have eroded and have been transported by runoff water or wind. B. Solid Waste, Rubbish, debris, garbage, and other discarded solid materials resulting from industrial, commercial, and agricultural operations and from community activities. C. Rubbish, Combustible and noncombustible wastes such as paper, boxes, glass, crockery, metal, lumber, cans, and bones. D. Debris, Combustible and noncombustii;:�. ;;!antes such as ashes and waste materials resulting from construction or maintenance and repair work, leaves, and tree trimmings. E. Chemical Wastes, This includes salts, acids, alkalies, herbicides, pesticides, organic chemicals, and spent products which serve no purpose. F. Sanitary Wastes 1. Sewage 2. Wastes characterized as domestic sanitary sewage. 3. Garbage 4. Refuse and scraps resulting from preparation, cooking, dispensing, and consumption of food. G Oily Waste 1. Petroleum products and bituminous materials. 1.03 ENVIRONMENTAL PROTECTION REQUIREMENTS A. Provide and maintain, during the life of the contract, environmental protection as defined. Plan for and provide environmental protective measures to control pollution that develops during normal construction practice. Plan for and provide environmental protective measures required to correct conditions that develop during the construction of permanent or temporary environmental features associated with the project. Comply with Federal, state, and local regulations pertaining to the environment, including but not limited to water, air, and noise pollution. I. Preconstruction Survey, Perform a preconstruction survey of the project site with the Owners Representative, and pollution prevention measures necessary to assess existing environmental conditions in, and adjacent to the site. ENVIRONINIENTAL PROTE=ON 01560 -1 4219 ' PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 PROTECTION OF NATURAL RESOURCES A. Preserve the natural resources within the project boundaries and outside the limits of permanent work. Restore to an equivalent or improved condition upon completion of work. Confine construction activities to within the limits of the work indicated or specified. B. Land Resources, Except in areas to be cleared, do not remove, cut, deface, injure, or destroy trees or shrubs without the Owners Representative's permission. Do not fasten or attach ropes, cables, or guys to existing nearby trees for anchorages unless authorized by the Owners Representative. Where such use of attach ropes, cables, or guys is authorized, the Contractor shall be responsible for any resultant damage. 1. Protection 2. Protect existing trees which are to remain and which maybe injured, bruised, defaced, or otherwise damaged by construction operations. Remove displaced rocks from uncleared areas. By approved excavation, remove trees with 30 percent or more of their root systems destroyed. 3. Replacement 4, Remove trees and other landscape features scarred or damaged by equipn-v�pt operations, and replace with equivalent, undamaged trees and landscape features. Obtain Owners Representative's approval before replacement. 5. Temporary Construction 6. Remove traces of temporary construction facilities such as haul roads, work areas, structures, foundations of temporary structures, stockpiles of excess or waste materials, and other signs of construction. Grade temporary roads, parking areas, and similar temporarily used areas to conform with surrounding contours. B. Water Resources 1. Oily Wastes, Prevent oily or other hazardous substances from entering the ground, drainage areas, or local bodies of water. Surround all temporary fuel oil or petroleum storage tanks with a temporary earth berm of sufficient size and strength to contain the contents of the tanks in the event of leakage or spillage. 3.02 EROSION AND SEDIMENT CONTROL MEASURES A. Burnoff 1. Burnoff of the ground cover is not permitted. B. Borrow Areas I . Manage and control borrow areas to prevent sediment from entering nearby streams or lakes. 2. Restore areas, including those outside the borrow areas, disturbed by borrow and haul operations. 3. Restoration includes grading, replacement of topsoil, and establishment of a permanent vegetative cover. C. Protection of Erodible Soils ENVIRONMIENTAL PROTECTION 01560 -2 @g 4219 E 1. Immediately finish the earthwork brought to a final grade, as indicated or specified. 2. Immediately protect the side slopes and back slopes upon completion of rough grading. 3. Plan and conduct earthwork to minimize the duration of exposure of unprotected soils. - D. Temporary Protection of Erodible Soils 1. Mechanically retard and control the rate of runoff from the construction site. This includes construction of diversion ditches, benches, and berms to retard and divert runoff to protected drainage courses. 3.03 CONTROL AND DISPOSAL OF SOLID AND SANITARY WASTES A. Pick up solid wastes, and place in containers which are regularly emptied. Do not prepare, cook, or dispose of food on the project site. Prevent contamination of the site of other areas when handling and disposing of wastes. On completion, leave the areas clean. Control and dispose of waste. B. Disposal of Rubbish and Debris, 1. Dispose of rubbish and debris in accordance with the requirements specified in area as directed by Owner. C. Garbage Disposal 1. Place garbage in approved containers, and move to a pickup point or disposal area, where directed. 3.04 DUST CONTROL A. Contractor will be fully responsible for dust control along all haul roads and in the project area. Keep dust down at all times, including during nonworking periods. Sprinkle or treat, with dust suppressants, the soil at the site, haul roads, and other areas disturbed by operations. 3.05 Stormwater Pollution Prevention Plan (SWPPP) A. Compliance with TCEQ TPDES Construction General Permit and/or City of Lubbock Storm Water Ordinance. For City review, provide Storm Water Plan Review application and fee, Storm Water Pollution Prevention Plan, Construction Site Notice, and if applicable Notice of Intent and upon completion Notice of Termination. Implement, maintain, and inspect BMPs such as silt fence, sand bags, diversion swales, and other measures and/or incidentals for compliance. END OF SECTION ENVIRONMENTAL PROTECH0N 01560 -3 4219 SECTION 01600 MATERIAL AND EQUIPMENT PART 1- GENERAL 1.01 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division 1 - General Requirements apply to the work of this Section. 1.02 SECTION INCLUDES A. Products. B. Transportation and handling. C. Storage and protection. D. Product options. E. Substitutions. 1.03 RELATED SECTIONS A. General Conditions. B. Information to Bidders: Product options and substitution procedures. C. Section 01400 - Quality Control: Product quality monitoring. 1.04 PRODUCTS A. Products: Means new material, machinery, components, equipment, fixtures, and systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. B. Provide interchangeable components of the same manufacturer, for similar components. 1.05 PRODUCT DELIVERY, STORAGE AND HANDLING A. Delivery t 1. Deliver materials, products and equipment to the project site in undamaged condition in manufacturer's original, unopened containers or packaging, with identifying labels intact and legible. 2. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. -' 3. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 4. Arrange deliveries in accordance with the construction schedule and in ample time to tb facilitate inspection prior to installation to avoid unnecessary delays in the construction process. B. Storage 1. Store and protect products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather -tight, climate controlled enclosures. 2. For exterior storage of fabricated products, place on sloped supports, above ground. 3. Provide off -site storage and protection when site does not permit on -site storage or protection. 4. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation. MATERIAL AND EQUIl'MENT 01600 -1 4219 i_. J 5. Store loose granular materials on solid flat surfaces in a well -drained area. Prevent mixing with foreign matter. 6. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage. C. Handling 1. Handle materials, products and equipment in a manner prescribed by manufacturer or specified to protect from damage during storage and installation. 1.06 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Any product meeting those standards or description. B. Products Specified by Naming One or More Manufacturers: Products of manufacturers named and meeting specifications, no options or substitutions allowed. C. Products Specified by Naming One or More Manufacturers with a Provision for Substitutions: Submit a request for substitution for any manufacturer not named. 1.07 SUBSTITUTIONS A. Substitutions may be considered when a product becomes unavailable through no fault of the Contractor. B. Document each request xvith complete data substantiating compliance of proposed Substitution with Contract Documents. G A request constitutes a representation that the Contractor. 1. Has investigated proposed pro.dLc ?-nd determi ied that it meets or exceeds the quality level of the specified product..,,. __;, . 2. Will provide the same warranty for the Substitution as for the specified product. 3. Will coordinate installation and make changes to other Work which may be required for the Work to be complete with no additional cost to Owner. 4. Waives claims for additional costs or tune extension which may subsequently become a apparent. 5. Will reimburse Owner for review or redesign services associated with re -approval by i authorities. D. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals, without separate written request, or when acceptance will require revision to the Contract Documents. E. Substitution Submittal Procedure: 1. Submit four copies of request for Substitution for consideration. Limit each request to one proposed Substitution. 2. Submit shop drawings, product data, and certified test results attesting to the proposed product equivalence. 3. The Owners Representative will notify Contractor, in writing, of decision to accept or reject request. PART 2 - PRODUCTS Noted Not Used PART 3 - EXECUTION Noted Not Used t MLATFRIAL AND EQUIPMENT # 01600 -2 4219 END OF SECTION MATERIAL AND EQUIPMENT 01600 -3 4219 SECTION 01630 SUBSTITUTIONS AND PRODUCT OPTIONS PART 1— GENERAL 1.01 GENERAL A. Furnish and install Products specified, under options and conditions for substitutions stated in this Section. 1.02 RELATED REQUIREMENTS A. The General Conditions, the Supplementary General Conditions and the Special Conditions apply to the work specified in this Section. B. Section 01060: Regulatory Requirements. C. Section 01300: Submittals. D. Section 01720: Record Documents. 1.03 PRODUCTS LIST A. Within 30 days after award of Contract, submit to Landscape Architect five (5) copies of a complete list of materials and equipment proposed to be substituted for specified product. B. Prepare list by Specification Section number and Title. C. For products specified only by reference standards, list for each such Product: 1 Name and address of manufacturer. 2 Trade name. 3 Model or catalog designation. 4 Manufacturer's data, including performance and test data, and reference standards. 1.04 CONTRACTOR'S OPTIONS A. For products specified only by reference standard, select product meeting that standard, by any manufacturer, and submit to Landscape Architect for approval. B. For products specified by naming several products or manufacturers, select any product and manufacturer named which complies with Specifications, and submit to Landscape Architect for approval. Note: The listing of a manufacturer as an acceptable manufacturer is not necessarily an acceptance of their standard product unless it meets specified requirements. C. For products specified by naming one or more products or another manufacturer's "approved equal", submit a request as for substitutions, for any product or manufacturer which is not specifically named. 1.05 SUBSTITUTIONS A. During Bidding Period, Landscape Architect will consider written requests from Bidders and manufacturers for substitutions. Such requests must be received at least 10 days prior to Bid Date. Requests received after that time will not be considered. SUBSTITUTIONS AND PRODUCT OPTIONS 01630 — 1 emu Approval of proposed substitutions will be set forth in Addenda to the Specifications. Requests for substitutions shall include data listed below. B. Within a period of 30 days after award of Contract, Landscape Architect will consider formal requests from the Contractor for substitutions of products in lieu of those specified. C. Beyond 30 days after award of Contract, requests will be considered only in case of product unavailability or other conditions beyond the control of the Contractor. D. Submit separate request for each substitution. E. Support each request with complete data substantiating compliance of proposed substitutions with requirements stated in Contract Documents: 1 Product identification, including manufacturer's name and address. 2 Manufacturer's literature; identify: a. Product description. b. Reference standards. c. Performance and test data. d. Samples, as required by specific Specification Sections. e. Name and address of similar projects on which product has bet.~-1-sed, and date of each installation. 3 For construction methods: a. Detailed written description of proposed method. b. Complete and comprehensive drawings illustrating methods or revisions. 4 Itemized comparison of the proposed substitution with product or method specified; list significant variations. 5 Data relating to changes in construction schedule. 6 List of changes required in other work or products. 7 Accurate cost data comparing proposed substitution with product or method specified, including amount of any net change to Contract Sum. 8 Designation of availability of maintenance services; sources of replacement materials. F. Substitutions will not be considered for acceptance when: 1 They are indicated or implied on shop drawings or product data submittals without a formal request from Contractor. 2 They are requested directly by a subcontractor or supplier. 3 Acceptance will require substantial revision of Contract Documents. 4 They are submitted at times other than specified above. G. Substitute products shall not be ordered or installed without written approval of Landscape Architect. H. Landscape Architect will determine acceptability of all proposed substitutions. SUBSTITUTIONS AND PRODUCT OPTIONS 01630 - 2 4219 I. Should accepted substitution prove defective or unsatisfactory during warranty period, the Contractor shall bear costs of replacing defective or unsatisfactory material with item originally specified, or: 1 Replace with other approved substitution; 2 Extend warranty period for one (1) year on replaced materials; and 3 Bear costs of replacing defective or unsatisfactory materials.01630-3 1.06 CONTRACTOR'S REPRESENTATION A. In making formal request for substitution, Contractor represents that: 1. He has investigated proposed product or method and has determined that it is equal to or superior in all respects to that specified and that the product is compatible with interfacing systems, products and methods. 2. He will provide same warranties or guarantees for substitution as for product specified. 3. He will coordinate installation of accepted substitution into the Work, and will make such changes as may be required for the Work to be complete in all respects. 4. He waives claims for additional costs caused by substitution which may subsequently become appal:-=rt and agrees to bear the costs of any addition to the work required by the substitution. 5. Cost data are complete, and including related costs under the Contract., 1.07 LANDSCAPE ARCHITECT'S DUTIES A. Review Contractor's requests for substitutions with reasonable promptness. B. Notify Contractor, in writing, of decision to accept or reject requested substitution. C. Landscape Architect's decision on acceptance or rejection of substitutions will be final. END OF SECTION _ I SUBSTITUTIONS AND PRODUCT OPTIONS 01630 - 3 4219 SECTION 01700 CONTRACT CLOSEOUT PART 1- GENERAL 1.01 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division 1 - General Requirements apply to work of this Section. 1.02 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Adjusting. D. Project record documents. E. Operation and maintenance data. F. Warranties. G., Spare parts and maintenance materials. 1.03 RELATED SECTIONS Section 01500 Temporary Facilities and Controls: Progress cleaning. 1.04 CLOSEOUT PROCEDURES A. 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 Owners Representative's inspection. B. Provide submittals to Owners Representative that are required by governing or other authorities. C. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 1.05 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean interior and exterior glass and surfaces exposed to view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces. C. Clean equipment and fixtures to a sanitary condition. D. Replace filters of operating equipment. E. Clean debris from roofs, gutters, downspouts, and drainage systems. F. Clean site; sweep paved areas, rake clean landscaped surfaces. G. Remove waste and surplus materials, rubbish, and construction facilities from the site. H. Repair, patch and touch-up marred surfaces to match adjacent finishes. I. Clean ducts, blowers and coils if air conditioning units were operated during construction. 1.06 ADJUSTING CONTRACT CLOSEOUT 01700 -1 DM A. Adjust operating Products and equipment to ensure smooth and unhindered operation. 1.07 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents; record actual revisions to the Work: 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other Modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. D. Specifications: Legibly mark and record at each Product section description of actual Products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and Modifications. E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured depths of foundations in relation to finish first floor datum. 2. Measured horizontal and vertical locations of underground utilities and j appurtenances, referenced to permanent surface improvements. 3. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 4. Field changes of dimension and detail. 5. Details not on original Contract Drawings. 6. Changes made by addenda and modification. F. Submit documents to Architect with claim for final Application for Payment. 1.08 OPERATION AND MAINTENANCE DATA A. Submit one copy 15 days prior to final inspection, 8 1/2 x I 1 inch text pages, bound in three D-ring binders with durable plastic covers. B. This copy will be returned after final inspection, with Owners Representative comments. Revise content of documents as required prior to final submittal. C. Submit two final volumes revised within ten days after final inspection. D. Prepare binder covers with printed title "OPERATION AND MAINTENANCE INSTRUCTIONS", title of project, and subject matter of binder when multiple binders are required. E. Internally subdivide the binder contents with permanent page dividers, logically organized as described below; with tab titling clearly printed under reinforced laminated plastic tabs. F. Contents: Prepare a Table of Contents for each volume, with each Product or system description identified, type on 24 pound white paper. G. Part 1: Directory, listing names, addresses, and telephone numbers of Architect, Contractor, Subcontractors, and major equipment suppliers. CONTRACT CLOSEOUT 01700 -2 LJ M: H. Part 2: Operation and maintenance instructions, arranged by system and subdivided by specification section. For each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers. Identify the following: 1. Significant design criteria. 2. List of equipment. 3. Parts list for each component. 4. Operating instructions necessary for Owner to make full and efficient use of equipment including recommended maintenance and seasonal change -over procedures for HVAC systems. 5. Maintenance instructions for equipment and systems. 6. Maintenance instructions for finishes, including recommended cleaning methods and materials and special precautions identifying detrimental agents. I. Part 3: Project documents and certificates, including the following: 1. Shop drawings and product data. 2. Air and water balance reports. 3. Certificates. 4. Photocopies of warranties and bonds. 1.09 WARRANTIES A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, suppliers, and manufacturers. Provide Table of Contents and assemble with metal prong binder in durak:: .- Wlastic presentation cover. D. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period. 1.10 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, maintenance and extra materials in quantities specified in individual specification Sections. B. Deliver to project site and place in location as directed; obtain receipt prior to final payment. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION CONTRACT CLOSEOUT 01700 -3 SECTION 02200 DEMOLITION AND NOTIFICATIONS PART I -GENERAL 1.01 RELATED DOCUMENTS A. Drawings and General provisions of the Contract, including General Conditions and Special Conditions apply to this Section. 1.02 SUMMARY A. The primary purpose of this work is to demolish and haul away debris from certain park pavilion structures owned by the Parks Department, City of Lubbock. The Contractor understands and agrees that demolition and debris removal in the most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of this Contract in the shortest time possible. B. The work to be performed under this Contract shall consist of demolition and removal of the structures shown on the plans and listed in these specifications. Included in the work shall be all concrete, stone, brick, asphalt or other flatwork and or planters as shown on the p) zy or as directed by the Owner. C. The City -owned structures are deemed to be clear of or have been abated for Asbestos Containing Materials (ACM), and may be handled as such. D. The Contractor shall maintain all work sites to appropriate use standards, safety standards, and regulatory requirements. All materials shall be removed, hauled, and disposed according to applicable federal, state and local requirements. E. The Contractor shall be responsible for compliance with all federal, state and local requirements related to structure demolition and removal. PART II - PRODUCTS 2.01 DEFINITIONS A. Asbestos Containing Materials (ACM) B. Construction Site Best Management Practices (BMPs) C. National Emissions Standards for Hazardous Air Pollutants (NESHAP). D. Regulated Asbestos -Containing Material (RACM) j E. Rotating blade (RB) F. Stormwater Pollution Prevention Plan (SWPPP) G. Texas Department of Transportation (TxDOT PART III - EXECUTION ' i_ L_J 3.01 GENERAL A. Utility Disconnects (if applicable) 1. The Contractor shall be responsible for coordinating with private utility companies for disconnection of services, including, but not limited to electricity, natural gas, telephone, cable television and internet. B. Demolition of Structures 1. All demolition debris, including the Building superstructure; concrete; stone;. brick, asphalt or other flatwork and,or planters must be removed from the site. Demolition debris shall be disposed of at the City Of Lubbock Landfill. If a retaining wall must be removed, the walls shall be completely removed and the embankment shall be cut back to a slope of eight horizontal to one vertical. 2. As designated by the Owner, the Contractor shall employ good demolition techniques, which includes: a. Using demolition techniques that minimize ground disturbance. Trees shall not be removed except in cases where obstruction is a safety factor. b. Maintaining the practice of keeping personnel at a safe distance from - demolition activities. c. Loading the materials with techniques to maintain a sufficient distance from personnel to reduce excessive exposure to airborne material. d. Tarping loads or otherwise preventing material from becoming airborne during hauling. e. Manual cleaning of the demolition site to remove all materials from the site. f. Contractor shall be responsible for providing protective gear and equipment to its agents and employees and for ensuring its proper utilization. t C. Securing the Site 1. The Contractor shall take all necessary steps to secure each site in a manner to prevent access by the general public. This includes the use of fencing to secure the site until backfill has been completed. D. Backfill - Finishing 1. The Contractor shall obtain inspection and approval from the Owner prior to backfilling any excavations, holes or depressions on the demolition site. Excavations or other depressions in the demolition site shall be filled and compacted with sand or earthen fill as approved by the Owner. 9 E. Erosion Control 1. The Contractor shall apply Construction Site Best Management Practices (BMPs) and or Stormwater Pollution Prevention Plan (SWPPP) objectives to reduce the discharge of contaminates into the storm water drainage system. F. Cleanup 1. All pieces, parts, scraps, debris, rubbish, wood or organic materials from a structure or part of a structure, inside of the fence enclosure, in the process of being demolished shall be cleaned up and removed from the premises on a daily basis. Final cleanup after a structure is demolished shall include complete and thorough removal from the premises of all parts or pieces of the building, its contents and its furnishings, including all debris, organic materials, rubbish, wood, concrete and masonry rubble. All hazardous open pits and recesses shall be filled with thoroughly tamped earth or mortar, whichever is completely required to eliminate the hazard. 2. Sewers, stacks, or other sanitary ducts extending to or through floors and slabs shall be filled as specified (if applicable). G. Debris Ownership and Hauling Responsibilities Once the Contractor begins an activity on a site, all debris and items and or amenities on the site is the property of the Contractor (with the exception of the above mentioned hazard materials described in (Part I - General, 1.02 Summary, C) above, which must be disposed of as indicated), and the Contractor is solely responsible for all aspects related to the debris, including, but not limited to, the hauling and disposal of the debris. Demolition debris is to be transported to the City of Lubbock Landfill for disposal in accordance with all Federal, State and Local rules and"regulations. H. Debris Disposal 1. The Contractor acknowledges.- represents and warrants to the City that it is familiar with all laws relating to disposal of the materials as stated herein and is familiar with and will comply with all guidelines, requirements, laws, regulations, and any other federal, state or local agencies or authorities. 2. Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work - shall be at the sole risk of the Contractor. Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not covered by the scope of work. 3. The Contractor is responsible for determining and complying with applicable requirements for securing loads while in transit and that all trucks have a solid tailgate made out of metal. Contractor shall assure that all loads are properly secured and transported without threat of harm to the general public, private property and public infrastructure. 4. The Contractor shall insure that all vehicles transporting debris are equipped with and use tarps or netting to prevent further spread of debris. -� I. Equipment 1. The Contractor shall be equipped with the normal tools of the trade and shall furnish all labor, tools, equipment and other items necessary for and incidental to executing and completing all required work. 2. The use of a rotating blade (RB) roof cutter or equipment that similarly damages the roofing material is used to remove Category I nonfriable asbestos -containing roofing material is acceptable as per the following conditions; a. The removal of 5580 sq ft or more of asbestos -containing roofing material will create at least 160 sq ft of Regulated Asbestos -Containing Material (RACM) and is subject to the National Emissions Standards for Hazardous Air Pollutants (NESHAP). b. The removal of less than 5580 sq ft is not subject to the NESHAP. c. An original 10-day notice of intent to renovate or demolish pursuant to 40 CFR 61.145(b) (part of the NESHAP).is always required for demolitions. 3. This project has been determined to be less than 5580 sq ft. a. There is no special requirement for removal. b. The contractors shall follow all local, state & federal regulations. c. The Owner will file an original 10-day notice of intent to renovate and or demolish. 4. All equipment and vehicles utilized by the Contractor shall meet all the requirements of federal, state and local regulations, including, without limitation, all TxDOT and safety regulations, and are subject to approval of the Owner. All loads must be secured and solid metal tailgates must be used on all loads. Sideboards must be sturdy and may not extend more than two feet above the metal sides of the truck or trailer. Trucks shall carry a supply of absorbent to be used to pickup any oil spilled from loading or hauling vehicles. END OF SECTION SECTION 02300 ✓ EARTHWORK PARTI- GENERAL 1.01 SUMMARY A. Work in this section includes furnishing all labor, materials, equipment, and services required to construct, shape, and finish earthwork to the required lines, grades, and cross sections as specified herein and on the plans. PART 2 - PRODUCTS 2.01 SOIL MATERIALS A. Subgrade: Subgrade material for concrete or asphalt construction shall consist of suitable native soil or off -site soil, free from vegetation or other objectionable matter. All unstable or objectionable material shall be removed from the subgrade and replaced with approved material. The material shall be suitable for forming a stable embankment and shall meet the following requirz,,nents: Liquid Limit: 45 maximum _ Plasticity Index: 15 maximu.ra Linear Shrinkage: 2 min — 10 max Subgrade material which does not meet the above requirements may be conditioned with lime or caliche screenings. The conditioning shall produce a uniform subgrade material which meets all of these specified subgrade requirements. PART 3 — EXECUTION 3.01 PREPARATION A. Protect structures, utilities, sidewalks, pavements and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. B. Provide erosion control measures to prevent erosion or displacement of soils to adjacent properties, walkways or water bodies. C. Soils shall not be placed on a foundation which contains frozen material, or which has been subjected to freeze -thaw action. 3.02 STRIPPING OF TOPSOIL A. Topsoil will be separately excavated, stored and used for surface finish in preparation for seeding, sodding or other planting, only where topsoil is definitely superior for grass and plant growth as compared with the remainder of the excavated material. In general, this shall be considered as the top 3 feet of excavated material. Surface soil that is heavy clay, predominantly sandy or is lean in grass -and -plant growth qualities will not be saved. 3.03 GRADING 4219 EARTHWORK 02300 - 1 i� A. Uniformly grade areas to a smooth surface free from irregular surface changes. Comply with compaction requirements and grade to cross -sections, lines and elevations indicated. 1. Provide a smooth transition between adjacent existing grades and new grades. 2. Cut out soft spots, fill low spots and trim high spots to comply with required surface tolerances. B. Finish grade shall allow for top of sod at one half inch below the top of concrete. Tolerance for lawn or unpaved area shall be plus or minus 1 inch. C. Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled or where they lose compaction due to subsequent construction operations or weather conditions. END OF SECTION EARTHWORK 02300 - 2 BE Section 02810 Irrigation System — Hoel Jogging Track Lubbock, TX 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 (which shall be called owner). B. Work Included: Section 02 - Product Substitution Section 03 - Irrigation C. Additional Information 1. All information under General Instructions to Bidder, General Conditions of Agreement, and Special Conditions apply to this section. 2. The Bidder shall be prepared to send 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 City of Lubbock, Park Development, Lubbock, TX (which shall be called Owner). The Owner shall verify all construction stakes for locations of elements at project sites, and give the Owner 48 hours to approve the staking before construction can begin. D. Quality Assurance 1. Contractor's on Site Responsibilities a. The Contractor shall take all precautions necessary to protect all existing 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 which may result from work being carried out under this contract. b. The Contractor shall not park or drive any vehicles or equipment beneath the drip line of on -site trees and shrubs. The Contractor and employees shall not park on unsurfaced park property and shall not drive vehicles across city land unless it is directly necessary to deliver materials to the job site. c. The Contractor shall take all necessary precautions to ensure the safety of any pedestrians and park users 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. Irrigation System — Hoel Jogging Track 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, furnish and erect such bridges, barricades, fences, lights, and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. f. The Contractor shall be responsible for all damage to work due to the failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by the Contractor at his own expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of city's certificate of acceptance of the project. g. The Contractor shall be responsible for removal, hauling, and disposal of all debris and unusable material from proposed construction area and designated -Jtes 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. 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. j. Special Guidance Regarding ASBESTOS cement pipe: Contractor will be responsible for complying with applicable federal and state regulations regarding ASBESTOS cement pipe that may be encountered during excavation. Specifically, no ASBESTOS cement pipe may be intentionally disturbed without appropriate training, certification, engineering controls, and worker safety protections. Waste ASBESTOS associated with the disturbance of ASBESTOS cement pipe (whether intentional or unintentional) must be removed from the excavation and disposed of properly (wetted, double bagged in 6 mil poly, and transported to an authorized landfill). k. Procedures to be followed in the event that unexpected asbestos is found or previously non -friable asbestos materials become friable: a) There will be a designated competent person as required by the United States Occupational and Health Administration regulations in 29 CFR, 1926.1101 on site during entire project. b) All work will stop if unexpected asbestos is found or previously non -friable asbestos becomes friable and the competent person will follow all local, state, and federal regulations. Irrigation System — Hoel Jogging Track 4 1. The contractor shall be responsible for the Texas Prevention Legislation. The Texas damage prevention law (Utilities Code Title 5, Chapter 251) took effect October 1, 1998. This law requires excavators to call 48 hours before they dig. Texas Excavation Saftey System Inc. (TESS) is a non profit corporation formed by member companies to prevent damage to underground facilities. The service is 100 percent free to excavators by calling 1-800-DIG-TESS (344-8377). in 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 utlity lines are shown on plan. Park utilities are not listed with DIG TESS. They include but are not limited to irrigation systems, park lighting and all others are private utilites. The Contractor's attention is directed to the fact that other underground utility lines may exist of public utilities that are not shown on plans. It is the Contractor's obligation to locate and familiarize themselves with all utilities that are not shown on plans. Damage to utilities will be repaired at Contractor's expense. n. All trenching or any excavation shall be a greater distance from the trunk of any plant material than ten (IOx) times the diameter of the trunk at twelve (12") inches from the ground. If questions arise, the Contractor shall contact the Owners Representative for clarification. 2. Product Delivery, Storage, and Handling a. Protect all materials from inclement weather: wet, damp, extreme heat, or cold, theft, damage, or vandalism. t -- b. All manufacturers' labels, installation instructions, and shop drawings shall be in included for each item ordered. 3. Equipment Check a. The Contractor shall, one week after installation of equipment, 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 (3) 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. 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. Irrigation System — Hoel Jogging Track 5 6. Related Documents a. Drawings and general provisions of the Contract, including General and Supplementary Conditions apply to this Section. b. Description of Work The work that the City of Lubbock desires to be performed is as follows: Remove, save and return to owner the existing valves and sprinkler heads from the areas be irrigated at Hoel Park. Install new wire, piping, valves, and irrigation heads as shown on the plan. End -of -Section In•igation System — Hoel Jogging Track 6 SECTION 02 PRODUCT SUBSTITUTION I. General A. Work Included: Section 01 - Summary of Work Section 03 — Irri a tion II. Substitutions A. Conditions for substitutions (`or approved equal') I . 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 slu I1 L .;e ch�deu 4vith 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: 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. Acceptance will require substantial revision of the original layout of the project. End -of -Section Irrigation System — Hoel Jogging Track 7 SECTION 03 IRRIGATION I. General A. Work Included: Section 01 - Summary of Work Section 02 - Product Substitution B. Qualifications of Bidder -Licensing 1. The Bidder shall supply the name and license number of the licensed irrigator who is responsible for the project with the bid submittal. The licensed irrigator shall be licensed in the state of Texas and must comply with TCEQ and the standards established by Title 30 TAC Chapter 344. 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.pCcor�ance with the generally accepted practice of the area. In the ever' rff4 y discrepancies between the plans and specifications or doubts as to the meaning and intent; of any portion of the contract, the Owner shall define what is intended to apply to the work. �., II. Site Conditions A. Examination of Sites Bidder shall visit the project site and compare drawings and specifications to the actual site. Failure to do so will in no way relieve the successful Bidder from the responsibility of completing the project in accordance to project specifications at additional cost to the Owner. B. Utilities 1. The Contractor's attention is directed to the fact that other underground utility lines may r exist of which the Owner is not aware. It is the Contractor's obligation to locate and familiarize himself with all utilities and to provide for their safety. Damage to utilities will be repaired at the Contractor's expense. 2. Water Supply - Meter or other water source already installed. 3. Electrical Power Supply - Meter or other electric source already installed. 4. Bores / Road crossings - 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. Irrigation System — Hoel Jogging Track 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. V B. Responsibility of Property 1. The Contractor shall be responsible for the protection and preservation of all plant material, monuments, and structures during installation. Any damage shall be repaired or replaced by the Contractor, at his own expense, to the satisfaction of the Owner. 2. All trenching or any excavation is to be no less than six (6) feet from the trunk of any plant material. If questions arise, the Contractor shall contact the Owner for clarification. C. Barricades and Protective Measures 1. The Contractor shall be responsible for the protection of unfinished work. The Contractor shall, at his own expense, furnish and erect such barricades, fences, lights, and danger signals. He shall also take such other precautionary measures for the protection of persons, ' property, and the work as may be necessary. 2. The Contractor shall be responsible for all damage to the work due to failure of barricades, signs, and lights to protect it. When damage is incurred, the damaged portion shall be immediately removed and replaced by the Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to f . `ify ceititieate of acceptance of the project. m.- IV. Submittals A. Shop Drawings Contractor shall submit shop drawings to the Owner before installation of equipment. Shop drawing to include complete layout and detail drawings illustrating the location and type of all heads, valves, piping circuits, controls, and accessories. B. Maintenance Materials At the completion of the job, the Contractor shall furnish spare parts, special tools, and equipment required to operate and maintain the system. C. Maintenance Data The Contractor shall furnish two (2) copies of parts list and repair manuals for controllers, valves, and heads. D. Project Record Document The Contractor shall prepare "as -built" plans of system after final check. Work to be done with legend describing symbols for equipment in a digital format of AutoCAD or "approved equal". "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. 4 33 Irrigation System —Hoel Jogging Track 9 1 2. All material to be new, unused, and current. 3. All material must be a standard product of a manufacturer. 4. The Contractor shall provide performance records to verify equipment capabilities. B. Materials 1. PVC Pipe All polyvinyl chloride pipes shall be class 200, SDR 21 un-plasticized polyvinyl chloride, Type I, Grade 1. 2. Polyethylene Line All polyethylene line shall be Agricultural Products, Inc. 1/4" polyethylene, OD = 310, ID = .610, and be made from low density. 3. Fittings '- a. All pipe must have manufacturer's markings clearly printed on them during installation b. All class 200 pipes must conform to ASTM. D-2241 c. All lateral piping under four (4) inches shall be solvent weld. d. All mainline piping four (4) inches and larger shall use belled ends or belled couplings using rubber gaskets in twenty- (20) foot laying lengths. e. All fittings for four (4) inches or larger mainline shall be 200 psi Gasketed Fittings. f. All fittings shall be pressure rated for 200-psi maximum working pressure. g. Gaskets shall be designed for pressure and vacuum with in hi L1 deflection (ASTM F- " 4%'1). . 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. Valves a. Quick -coupler Valves (1) Rain Bird # 44-RC, 1", 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 two- (2) valve keys for each Quick - coupler type. (4) Installed with minimum ten (10") inch diameter plastic valve box b. Section Valve (Hunter ICV 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. Irrigation System — Hoel Jogging Track 10 (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 flang brass nuts. 6. Valve Boxes a. Valve Box (Ametek "or approved equal"). (1) Supplied by the Contractor (2) To be installed by the Contractor (3) Minimum dimensions: 16" x I P 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. i a. Specified Head 41: Hunter 125 series (Hunter model #: I25 06 SS) with flow rates ranging between four (4) and twenty-eight (28) gallons per minute, `or approved equal'. (1) Sprinklers shall be pop +ap tv:,e'v ith 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. b. Specified Head #2, Hunter 120 series (Hunter model #: I20 06 SS) with standard nozzle flow rates ranging between one and half (1.5) and eight (8) 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. Control Wiring a. All 24 volt wiring to be 14 AWG-annealed copper, Baron UF, 600 volt, PVC coated UL approved direct burial. b. All wire to be single stranded, one wire for each electric valve and a common wire. (1) 12 gauge Common wire (2) 14 gauge Zone wire c. Flow Sensor wire — EV-CAB-SEN or "approved equal" — 2 conduitor direct burial shielded cable for connectiong flow sensors to controllers. Maximum allowable distance is 2000 feet. d. Communication Cable — EV-CAB-COM or "appoved equal" - 2 conductor direct burial J shielded cable for connecting controllers. Maximum allowable distance is 2000 feet. e. All control wires to be installed at minimum depth of eighteen (18") inch and directly alongside any pipe if the same ditch is used. f. Add yellow and green 14 gauge spare wires looped in mainline ditch. Contractor shall place a minimum of 18" of each spare wire in each valve box. Irrigation System — Hoel Jogging Track 11 10. Miscellaneous Equipment a. Wire Connectors shall be DS-400 model as manufactured by Spears, Prefilled Dri-Splice Connector w/Crimp Sleeve or approved equal. b. Provide moisture -proof connection for underground wiring. c. Solvent Cementing (1) Primer- Weld -On P-68 Purple Colored Only (All pipe and fittings) (2) Solvent- 1/2" then 1 '/s" Weld -On #705; 2" three-10" Weld -On #717. (3) Manufactures Recommendations shall be followed at all times. d. Repair Coupling (Smith Blair, 461-462 Quantum Wide Range Cast Coupling "or approved equal"). (1) Gasket: Nitrile (Bursa-N), compounded to resist natural gas, water, oil, acids, alkalies, most (aliphatic) hydrocarbon fluids and many chemicals. (2) Follower Flanges: Cast ductile iron per ASTM A-536. (3) Sleeve: Cast ductile iron per ASTM A-536.461 Style is 4" to 6.5" in length. 462 Style is 12" in length. (4) Washers: Carbon steel per ASTM 633-78, electro-galvanized finish. (5) Coating: Fusion bonded Flexi-Coat epoxy. _ (6) Bolts and nuts: High strength, low alloy steel, 5/8' , to AW WA C219 (ANSI A21.11) standards Flexi-coat, fusion bonded epoxy coating. Nuts ar i� perished hexagon, n " tluoropolymer coated, to prevent galling. e. Thrust Blocks (1) Concrete "ready -mix" - 3,000 PSI. in 28 days with number #3 rebar installed. To be placed at all angles and terminal ends of two and one-half (2 '/2") inch or greater pipe. To be placed at all angles (90's, 45's, tees) and at terminal ends of pipe. (Refer to Thrust Block Detail) Thrust Blocks must be installed against the pipe and extend to twelve (12") inches of an undisturbed vertical wall of the trench. All pipe and fittings to be wrapped in thirty (30) pound felt to protect from movement. f. Fresh water line shall be no less than schedule 80 and have a six (6') foot minimum horizontal separation from all other underground utilities. Tracer wire is requirement of all fresh water lines. g. All pipe to have a one (P) foot minimum vertical separation from all non -like utility lines. VI. Execution A. Handling of Materials The Contractor shall exercise care in handling, loading, and unloading of all equipment. All PVC pipe, fittings, and other equipment shall be adequately covered and protected from the elements. Pipe and fittings also shall be transported in such a fashion as to be protected from excessive bending and from external, concentrated load at any point. B. Trenching 1. To have straight, flat bottoms and of sufficient depth for sprinkler head and operable swing joint 2. Trench Size: a. Minimum width: Six (6") inches and/or six (6") inches greater than pipe size b. Minimum cover over installed supply piping: Eighteen (18") inches Irrigation System — Hoel Jogging Track 12 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. f. Maximum centerline depth of zone valves shall not exceed eighteen (18") inches at zone valves 3. Pipe pulling is not acceptable. 4. All trenches and adjoining areas shall be hand raked to leave the grade in as good or better condition than before construction started. 5. All settling and low areas that occur within the first twelve (12) months shall be the responsibility of the Contractor to fill and level. 6. Trench to accommodate grade changes. 7. Maintain trenches free of debris, material, or obstructions that may damage pipe. 8. Where rock or other undesirable materials are encountered trenches are to be over excavated by three (3")inches to allow for a three (3") inch layer of finely graded sand under all piping. After the piping is installed, finely graded sand shall be placed around the piping up to a point three (3") inches above the piping. 9. All trenches are to be inspected and approved by Owner before covering. 10. Trench digging machinery may be used to make trench excavation except in places where operation of same would calf: pdamage to existing structures either above or below ground; µ� in such instances, hand methods shall be employed. " 11. The Contractor shall locate all existing underground lines, of which he has been advised whether or not they are shown on the drawings, sufficiently in advance of the trenching to make whatever provision necessary to prevent damage thereto. Extreme care shall be used to prevent such damage and the Contractor shall be fully responsible for damage to any such lines. 12. There will be no classification of, or extra payment for excavated materials and all materials encountered shall be excavated as required. Adjacent structures shall be protected from damage by construction equipment. All excavated material shall be piled in a manner that will not endanger the work or existing structures and which will cause the least obstruction to roadways. 13. The Contractor will be required to locate all known utility lines far enough in advance of the trenching to make proper provision for protecting the lines and to allow for any deviations that may be required from the establishment lines and grades. 14. Excess trench excavation, not used for backfill, shall be disposed of by the Contractor, and at the Contractor's expense as directed by the Owner. _ 15. All trench backfill shall be flooded to prevent settling to 95% Standard Proctor Maximum Density. Tamping is required, at road crossings and cross country trails. The material shall be placed in 8-inch layers, moistened if necessary, and thoroughly compacted with i__ mechanical tampers from the bottom of the trench to the finish grade to a density of at least 95% of maximum density at optimum moisture as determined by ASTM D698. 16. It is understood that the piping layout is dynamic and piping shall be routed in such a manner �.. to achieve the intent of the plan. C. Installation 1. Install pipe, valves, controls, and outlets in accordance with manufacturer's instructions. 2. Connect to utilities. 3. Set outlets and box covers at finish grade elevations. Irrigation System — Hoel Jogging Track I3 i 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 Lasco, swing joint shall be schedule 80t, Lasco G132-412 no exceptions. 6. 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 an eighteen inch (18") loop in each valve box of a 14 ga green and a 14 ga.yellow spare. b. Wire splices will only be allowed within an accessible control box. Inline direct burial splices will not be allowed. Wire Connectors shall be DS-400 model as manufactured by Spears, Prefilled Dri-Splice Connector w/Crimp Sleeve or approved equal. c. Provide looped slack at valves and turns in trench to allow for contraction of wires. d. All wire passing under existing paving, sidewalk, etc., shall be encased in plastic conduit extending at least twelve (12") inches beyond edges of paving or construction. e. All electrical control wiring shall be wrapped together on 10-feet increments with plastic tape. An electrical wiring schematic shall be furnished with the equipment. f. Tracer wire and warning tape shall be installed with all fresh eater piping. Tracer wire 16 Gauge CU. shall have the insulation removed for at least six � 'riches 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. 7. After piping is installed, but before outlets are installed and backfill commences, open valves and flush system with full head of water. 8. Dissimilar Materials Piping Joints: Construct joints using adapters that are compatible with both piping materials, outside diameters, and system working pressure. 9. Concrete Thrust Blocks are required at all turns and dead -ends on pipe sizes three (3") inches and over. Pipe of smaller sizes may also require thrust blocks if so directed by the Owner. Concrete shall have a twenty-eight (28) day compressive strength of 3000 psi, minimum. (See Detail). Control wire shall not be encased in the thrust block. 10. Dripline to be Techline CV , Pressure compensating with check valve. As manufactured by Netafim. Emmitter spaceing to be 12" with .9gph output. 11. Filters to be manufactured by Netafim and installed as shown on plan. D. Laying of PVC Pipe 1. The pipe is to be snaked from side to side of trench bottom to allow for expansion and i 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. Irrigation System — Hoel Jogging Track 14 1 7. Fittings at bends in the pipeline and at ends of lines shall be firmly wedged against the P 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. 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 teu nty..fotir (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. E. Installation of Valves (gate, double check, and section valves). 1. Install all new valves on a level grade with the mainline. Valve boxes shall extend a minimum of three (3") inches below bottom of valve. Valve box extensions shall be used as necessary and shall be compatible with the valve box. 2. After installing valves and valve boxes, backfill holes with a three (3") inch minimum washed gravel, three-quarters (3/4") inch size up to bottom of valve. 3. Quick -coupler valve to be installed on swing joint. Top to be flush with finish grade. F. Sprinkler Heads 1. All sprinkler heads to be installed at spacing indicated on plans. 2. Sprinkler heads installed on swing joint assemblies shall be installed so that the top of head is slightly above ground level to allow for settling. 3. All sprinkler heads to be set to property arc by the Contractor. 4. All sprinkler heads to be installed six (6) inches from existing and/or proposed fence line G. Flushing 1. The mainline and valves will be flushed after installation. Full working pressure must be used to flush all lines. On a loop system the two valves the greatest distance from the water source will be opened. On any other configuration of mainline, the last valve on each mainline will be opened for flushing. The Owner's representatives must be given twenty- four (24) hours notice before flushing begins so they may be present for inspections. After mainlines have been inspected and flushed, the lateral lines may be installed. Irrigation System — Hoel Jogging Track 15 { 2. The lateral lines will be flushed just before head installation. The flushing procedure will consist of pointing all swing joints away from ditch line to prevent contamination. Next, open the valve with full working pressure and begin capping each swing joint with a threaded cap, beginning with the swing joint closest to the valve and ending with the swing joint the greatest distance from the valve. Twenty-four (24) hour notice must be given to Owner's representatives for inspection. 3. Flush pipes until free of all rock, dirt, trash, pipe shavings, and debris. H. Leakage Test 1. After pipe is laid, line to be pressurized and all air expelled from line at highest point of each section. 2. Each line to be inspected for leaks. Any joints showing leaks shall be repaired and any cracked or defective pipes or fittings shall be removed and replaced with good material. I. Backfill 1. Trenches to be backfilled with the excavated earth from trench work. All rocks and debris to be removed and no item larger than one (1) inch diameter to be placed back in the trench. Backfill is to be compacted and flooded to settle trench. The Contractor shall add more backfill if needed to bring trenches to existing grade. J. 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 ten (10) 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. K. Testing and inspection 1. Do not allow any of the work in this section to be covered or enclosed until it has been inspected, tested and approved by the Owner or Owner's Representative. 2. Prior to backfill, the main line and with control valves in place but before the lateral lines are connected, completely flush and test the main line. 3. Fill the main line with water for a twenty-four (24)-hour period prior to testing. 4. Pressure test main lines with 100 psi for a period of two (2) hours. Allowable leakage shall be as determined by the formula listed in AWWA C600. The Owner will witness and approve all tests. Notify the Owner at least twenty-four (24) hours in advance of all testing. 5. Provide all testing equipment and personnel required to complete the testing procedure. Repeat testing as required. 6. Flush, clean, adjust, and balance all systems. 7. Adjust heads for proper coverage. 8. Potable Water Lines: Hydrostatic test for six (6) hours at 150 psi. There shall be no leaks whatsoever. Irrigation System —Hoel Jogging Track 16 t 9. Backflow preventor shall be tested and certified, and three (3) copies shall be provided; one 1 to the owner, one to the water purveyor and one to remain with the tester as required by local, state, and federal codes and ordinances 1 10. to the owner as required by local, state, and federal codes and ordinances VIL Inspection/ Acceptance A. Preliminary Inspection 1. When all initial installation is done and all incidentals necessary to the proper function of the system is done, the Contractor shall request the Owner to walk through system and visually check the operation of the system. At this time the Owner and the Contractor will discuss repairs that may need to take place. B. Final Inspection 1. After preliminary inspection has taken place and all corrections and repairs have been completed by the Contractor, the Contractor and the Owner will again walk through system to check operation. This procedure will be repeated until system operates to the Owner satisfaction. At this time the Owner will accept system from the Contractor. An acceptance_ form will follow from the Owner to the Contractor. VIII. Clean up and Adjusting 1 A. Removal of Site Debris. The Contractor shall: 1. Make final clean up of all p, _,'tS T . of work. 2. Remove all construction material and equipment. t. 3. Prepare the site in an orderly and finished appearance. 4. Remove from site any rock or extra dirt that resulted from this and restore site to its original condition. 5. Flush dirt and debris from piping before installing sprinklers and other devices. 6. Adjust automatic control valves to provide flow rate of rated operating pressure required for each sprinkler circuit. 7. Carefully adjust lawn sprinklers so they will be flush with, or not more than one-half (1/2") j inch below finish grade after completion of landscape work. 8. Adjust settings of controllers and automatic control valves. 9. The Contractor will be required to remove all construction debris from the site. Final clean up by the Contractor must be acceptable to the Owner. IX. Commissioning A. Starting Procedures J 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. j 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. Irrigation System — Hoel Jogging Track 17 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 two (2) years 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. Owner shall ;gay for all expenses incurred due to vandalism after final accepW. End -of -Section Irrigation in Texas is regulated by the Texas Commission on Environmental Quality P.O. Box 13087, Austin, Texas 78711-3087 Irrigation System — Hoe[ Jogging Track 18 SECTION 02870 SITE FURNISHINGS PART1-GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General Conditions and Special Conditions apply to this Section. 1.02 SUMMARY A. This section includes pedestal grills and picnic tables. PART2-PRODUCTS 2.01 DRINKING FOUNTAIN A. Manufacturer and Model: Most Dependable Fountains, Model 440DBSS; or `approved equal'. 1. Fountain shall meets NSF-61 requirements having a UL approved label with a UL tracking number. 3. Welded one piece wc' coi-is*ruction with MDF 304 schedulel0 stainless steel. 4. 10" bury in ground installation. Attached valve box with bolted Cover included. 5. Maintenance free reinforced nylobraid supply line with inlet strainer. 6. Oven -baked powder coat finish, color: Chrome. 7. One year warranty PART 3 - EXECUTION A. Assemble and install all site furnishings in accordance with manufacturer's written instructions. B. Contractor shall exercise care and diligence to ensure that finished surfaces are adequately protected from scratches and other damage during installation. C. Exposed portions of mounting bolts shall be sawn off 1/8" above top of nut. Alter threads to prevent removal. D. Thoroughly clean all finished surfaces upon completion of installation. END OF SECTION SITE FURNISHINGS 02870-1 SECTION 02921 TURFGRASS LAWNS PART 1 - GENERAL. 1.01 SCOPE A. This work includes all labor, materials, and equipment for soil preparation, fertilization, planting, and other requirements regarding turfgrass planting areas shown on plans. 1.02 RELATED DOCUMENTS: The Drawings and all specification herein apply to the Work in this Section. 1.03 SUMMARY: A. Work Included: 1. Furnishing and applying hydromulch seeding. 2. Furnishing and installing sod. 3. Bed preparation 4. Warranty B Related Work in Other Sections: 1. Section 02300 - Earthwork. 2. Section 02810 - Irrigation System. 1.04 QUALITY ASSURANCE: A. Source: 1. Sod: Shall be subject to inspection and approval by Landscape Architect at the site upon delivery for conformity to specifications. Such approval shall not impair the right of inspection and rejection during progress of the work. The Landscape Architect reserves the right to refuse inspection at such time if, in his judgment, a sufficient quantity of sod is not available for inspection. 2. Seed: Conform to U.S. Department of Agriculture rules and regulations of Federal Seed Act and Texas Seed Law. Seed shall be certified 90 percent pure and furnish 80 percent germination B. Inspections: 1. Make written request for inspection of finish grade prior to sod bed preparation. 2. Make written request for the inspection of sodding operations. Such inspection is for the purpose of establishing the Maintenance Period. 3. Submit written requests for inspections to the Landscape Architect at least seven (7) days prior to anticipated Inspection date. 1.05 SUBMITTAL: Furnish required copies of manufacturer's literature, certifications, or laboratory analytical data for the following Items: A. Seed/Sod Source. (Certifications) Submit certification from supplier that each type of TURFGRASS LAWNS 02921 - 1 ME seed conforms to these specifications and requirements of Texas Seed Law. Certification shall accompany seed delivery. B. Top Dress Fertilizer. (Certification) Submit certificate stating that fertilizer complies with these specifications and requirements of Texas Fertilizer Law. 1.06 SCHEDULING A. Planting Restrictions: Plant during one of the following periods. Coordinate planting periods with initial maintenance periods to provide required maintenance from date of Substantial Completion. I. May 15th to August 31st for Bermuda hydromulch seeding. 2. Overseeding - Annual Rye Grass a. If Bermuda turf cannot be established by September 15, turf areas are to be over -seeded with annual rye-grass at a rate of 4-lbs'/1,000 s.f. If this is required, the contractor shall maintain the annual grass turf, as needed, including but not limited to irrigation, mowing to maintain a maximum height of three (3"), and edging, as required. b. This annual rye grass maintenance shall be considered as a separate item from the 30-day maintenance period specified for the seeded Bermuda grass. c. The Con race -a shall apply a minimum of two applications of Roundup herbicide to the annual rye grass in early spring in preparation for Bermuda grass hydromulch seeding. The two applications should be separated by a period of 10-14 days and contractor should notify the Landscape Architect of the schedule of Roundup application. d. After sufficient annual grass kill has been verified by the Landscape Architect, turf areas shall have an "Aera-vator" PTO driven, vibration tine, aeration device process the soil to a depth of three (3") inches to four (4") inches prior to hydromulch seeding the Bermuda grass as specified. B. Weather Limitations: Proceed with planting operations only when existing and forecasted weather conditions permit. 1.07 WARRANTY PERIOD: A. Time Period: Warrant that all turfs and grasses shall be in a healthy and flourishing condition of active growth six (6) months from date of Final Acceptance. B. Appearance During Warranty: Turf shall be free of dead or dying patches, and all areas shall show foliage of a normal density, size and color. Complete lush cover with no brown sections or cracks showing. C. Delays: All delays in completion of planting operations which extend the planting into more than one planting season shall extend the Warranty Period correspondingly. D. Exceptions: Contractor shall not be held responsible for failures due to neglect by Owner, vandalism, etc., during Warranty Period. Report such conditions in writing. E. Replacements: Replace, without cost to Owner, and as soon as weather conditions permit, all turf and grasses not in a vigorous, thriving condition, as determined by Landscape Architect during and at the end of Warranty Period. TURFGRASS LAWNS 02921 - 2 E am F. Matching: Closely match all replacement sod with adjacent areas of turf or grass. Apply all requirements of this Specification to all replacements. 1.08 REPLACEMENTS: Unacceptable Workmanship: (Turf and grass) areas exhibiting conditions which are determined as unacceptable workmanship shall be repaired and/or replaced at no additional cost to the Owner. 1.09 FINAL ACCEPTANCE: Work under this Section will be accepted by Landscape Architect upon satisfactory completion of all work, but exclusive of re -application under the Guarantee Period. PART 2 - MATERIALS 2.01 TURF SEED A. Composition: Fresh, clean, certified, Class'A', new crop seed. B. Type: "Cynodan dactylon" Common Bermuda `Savannah'. C. Deliver to the site in the original sacks as received by the Producer and each sack shall be tagged in accordance with the agricultural seed laws of the United States and the State of Texas. Each sack shall be tagged showing the dealers guarantee as to the year grown, percentage of purity, percentage of germination and the date of test by which the . . percentages of purity and germination were determined, All sov.,11 s?iail have a date of test within six (6) months of the date of sowing. D. Any seed delivered prior to use, shall be stored in such a manner that it will be protected from damage by heat, moisture, rodents or other cause. E. The mixture to be used shall be proportioned by weight and consist of the following varieties to be sown at the rate of six (6) pounds per 1,000 square feet (210 pounds per acre): Turf Seed Mixture for turf areas Proportion Purity Minimum by weight Germination Cynodan Dactylon-Common Bermuda 85% 98% 90% `Sahara' Lolium perenne- Perennial Ryegrass 10% 98% 90% Poa Annual Ryegrass 5% 95% 90% F. Weed Seed: Do not exceed 0.25%. 2.02 TURF SOD A. One Year Old, nursery -grown sod, of the variety "Tifton 10' Hybrid Bermuda as approved. Sod shall consist of stolons, leaf blades, rhizomes, and roots with a healthy, virile system of dense, thickly matted roots throughout the soil of the sod for a thickness not less than three-quarters (3/4") inch. B. Sod shall be dense, healthy, and field -grown on fumigated soil with the grass having been mowed prior to sod cutting so that the height of the grass shall not exceed two (2") TURFGRASS LAWNS 02921 - 3 Eau inches. C. Sod shall be dark green in color, relatively free of thatch, free from diseases, weeds and harmful insects. D. Sod shall be reasonably free of objectionable grassy and broadleaf weeds. Sod shall be considered weed free if no more than ten (10) such weeds are found per 100 sq. ft. of sod. E. Sod shall be rejected if found to contain the following weeds: Quackgrass, Johnsongrass, poison ivy, nimbleweed, thistle, bindweed, bentgrass, perennial sorrel or bromegrass. 2.03 FERTILIZER A. Pre -planting Fertilizer Application for Turfgrass Planting Areas: Fertilizer for the initial planting application shall be of N-P-K ratio of 4-5-1 (19-26-5). The phosphorus component must be derived from monoammonium phosphate to stimulate vigorous development of new roots, stolons, and rhizomes. The initial application must be applied and incorporated into the soil immediately (no more than two (2) days) prior to sodding. 1. Specification Submittal: Submit a sample label or specification of the fertilizer proposed to be -used for the Owner's approval. B. Post Planting Apphca on r'ertilize`r4foi the post planting application will be a complete fertilizer of chemical base containing by weight the following percentages of nutrients: 273- 4 +2% Fe (N-P-K) from methylene urea or the nitrogen equivalent of 33 3-1 O. The application rate should provide one (1) lb. of / 1000 sq. ft. l . Specification Submittal: Submit a sample label or specification of the fertilizer proposed to be used for the Owner's approval. 2.04 HYDROMULCH MATERIALS A. Mulch: 1. Virgin wood cellulose fibers from whole wood chips having minimum of 20 percent fibers 0.42 inches in length and 0.01 inches in diameter. 2. Cellulose fibers manufactured from recycled newspaper and meeting same fiber content and size as for cellulose fibers from wood chips. 3. Dye mulch green for coverage verification purposes. 4. Three approved mulches are manufactured by Conwed, Weyerhauser, and Texas Fiber Co. a. Submittal: Submit a sample label or specification and a sample packet of the proposed mulch for the Owner's approval. B . Soil Stabilizer: "Terra Tack 1" or approved equal. PART 3 - EXECUTION 3.01 GRADING AND VERIFICATION: A. Coarse Grading 1. Stones, Weeds, Debris: Verify that all areas to receive turf are clear of stones TURFGRASS LAWNS 02921 - 4 it ME larger than one and a half (1-1/2") inches diameter, weeds, debris and other extraneous materials. 2. Grades: Verify that grades are within two (2) inch plus or minus of the required finished grades. No Grades greater than 1 inch shall close upon itself. 3. Tillage: Larger graded areas at the South end of the park shall be tilled to a depth of six inches with a chisel type breaking plow. Initial tillage shall be followed by a disc harrow B. Final Grading 1. Stones, Weeds, Debris: Verify that all areas to receive turf are clear of stones larger than 1 in. diameter, weeds, debris and other extraneous materials. 2. Grades: Verify that grades are within one (1) inch plus or minus of the required finished grades. No Grades greater than 1 inch shall close upon itself. Verify that soil preparation and fertilization has been installed. Report all variations in writing. 3. Tillage: Larger graded areas at the South end of the park shall be power raked to a depth of one inches. Initial power rake pass shall be followed by a second pass at an angle between thirty (30) to sixty (60) degrees to the initial pass followed by a pass with a cultipacker or roller. C. Schedule: Immediately after the finished grade has been approved, begin sodding operations to reduce excessive weed growth. If sod bed is dry immediately prior to installation, dampen surface with a fine mist of water. D. Soil Moisture: 1. Excessive Moisture: Do not commence work of this section when soil moisture content is so great that excessive compaction will occur, nor when it is so dry that dust will form in air or that clods will not break readily. 2. Inadequate Moisture: Apply water, as necessary, to bring soil to optimum moisture content for planting. 3.02 HYDROMULCH SEEDING ON PREPARED FINISHED GRADE: A. Bed Preparation: Immediately after the finished grade has been approved, begin hydromulch seeding operation to reduce excessive weed growth. B. Special Equipment and Procedures: Hydraulic equipment used for the application of fertilizer and seed; disc, harrow or aerator and a cultipacker or roller. C. Operators of hydromulch seeding equipment shall be thoroughly experienced in this type of application D. Application: 1. Contractor shall obtain approval of seeding area preparation from the Landscape Architect prior to application. 2. Immediately following approval, Contractor shall aerate the seed bed one (1") to two (2") inches deep in a motion to form a uniform coverage of the entire seeding area. TURFGRASS LAWNS 02921 - 5 EME 3. Immediately following aeration, the Contractor shall pack the soil with a cultipacker or roller to get a firm seed bed. 4. After cultipacker or roller operations. Apply specified hydromulch seed mix in a motion to form a uniform coverage at specified rate. 5. Immediately following hydromulch of seed, the Contractor shall not operate any equipment over the covered area. 6. Refer also to the maintenance portion of this Section. 3.03 BROADCAST SEEDING ON PREPARED FINISHED GRADE: A. Bed Preparation: Immediately after the finished grade has been approved, begin broadcast seeding operation to reduce excessive weed growth. B. Special Equipment and Procedures: Rotary equipment used for the application of fertilizer and seed; disc, harrow or aerator and a cultipacker or roller. C. Application: 1. Contractor shall obtain approval of seeding area preparation from the Landscape Architect prior to application. 2. Operators of broadcast seeding equipment shall be thoroughly experienced in this type of application. Apply specified seed mix in a motion to form a uniform coverage at.specifted rate. 3. Immediately following broadcasting of seed, Contractor shall aerate the seed bed one (I") to two (2") inches deep at a speed to cover the seed with soil one quarter (1 /4) to one half (1/2") inches deep in a motion to form a uniform coverage of the entire seeding area. 4. Immediately following aeration, the Contractor shall pack the soil with a cultipacker or roller to get seed in good contact with the soil. 5. After aeration, the Contractor shall not operate any equipment over the covered area. 6. Refer also to the maintenance portion of this Section. B. Unseeded Areas: If, in the opinion of the Landscape Architect, unplanted skips and areas are noted after broadcast seeding, the Contractor shall be required to seed the unplanted areas with the grasses that were to have been planted at no additional cost to the Owner. 3.04 SOD BED PREPARATION: A. Sod Bed Preparation: 1. Provide soil preparation per this Section 02921. 2. Rake areas to set exact line and final finish grade. 3. Rolling: Roll amended soil with 200 pound water -ballast roller. 4. Moistening: After all unevenness in the soil surface has been corrected, lightly moisten the soil immediately prior to laying the sod. 5. Timing: Sod immediately thereafter, provided the sod -bed has remained friable. TURFGRASS LAWNS 02921 - 6 UM 3.05 PLANTING: A. Solid Sodding: 1. Method: Lay the first row of sod in a straight line, with subsequent rows parallel to and tightly against each other, with no spaces between strips. Stagger lateral joints. Do not stretch or overlap sod. Butt all joints tightly to eliminate all voids. Lay sod on mounds and slopes with strips parallel to contours. Use a sharp knife to cut sod to fit curves. 2. Tamping and Rolling: Thoroughly tamp and roll sod to make contact with sod bed. Roll each entire section of completed sod. 3. Following rolling, fine screened topsoil shall be used to fill all cracks between sods. Excess soil shall be worked into the grass with suitable equipment and shall be well watered. The quantity of fill soil shall be such that it will cause no smothering of the grass. 4. Watering: Thoroughly water sod immediately after installation to wet the underside of the new sod pad and the soil immediately below to a depth of 6 in. 5. Immediately after installation of the sod, remove sod clumps and soil, wash off any plant materials and pavements not to have sod. Keep all areas clean during the maintenance period. r 3.06- PROTECTION: - A. No heavy equipment shall be moved over the planted turf area unless the soil is again prepared, graded, leveled, and replanted. It will be the responsibility of the Contractor to protect all paving surfaces, curbs, utilities, plant materials, and any other existing improvements from damage. Any damages shall be repaired or replaced at no cost to Owner. 3.07 ESTABLISHMENT AND ACCEPTANCE: Regardless of unseasonable climatic conditions or other adverse conditions affecting planting operations and the growth of the turfgrass, it shall be the sole responsibility of the Contractor to establish a uniform stand of turfgrass as herein specified. A. Uniform Stand of Sodded Areas: Complete coverage is defined as no visible joints showing or felt between individual sections of sod and all sections of sod being firmly rooted to the prepared subgrade. B. Uniform Stand of Seeded Areas: Complete coverage is defined as a healthy, uniform stand of grass which is free of weeds and surface irregularities, with coverage exceeding 90 percent over any ten (10) square feet (0.92 sq. m) and bare spots not exceeding five (5") inches by five (5") inches (125 mm x 125 min). 3.08 IRRIGATION SYSTEM: The proposed irrigation system must be complete in ALL respects and must be fully operational before turfgrass planting may begin. After planting, any breakdowns in the irrigation system attributable to warranty items must be immediately repaired by the Contractor. 3.09 POST -PLANTING MAINTENANCE: Maintenance shall begin immediately alter each grass area is planted. All planted areas will be protected and maintained by watering, weed control, redressing and replanting as necessary for at least thirty (30) days after initial planting and for as much longer as necessary to establish a UNIFORM STAND OF THE SPECIFIED GRASS TURFGRASS LAWNS 02921 - 7 am and until the entire project is accepted by the Owner. Grass shall be mowed to a height of two (2") inches. All turf areas adjacent to paved areas shall be edged to maintain a neat appearance. All areas which are not completely covered with the specified grass at the end of thirty (30) days will continue to be replanted, re -dressed and maintained by the Contractor until complete coverage and acceptance are achieved. 3.10 EROSION CONTROL: Throughout the project and the maintenance period for turfgrass, it is the Contractor's responsibility to maintain the topsoil in place at specified grades. Topsoil and turfgrass losses due to erosion will be replaced by the Contractor until establishment and acceptance is achieved. 3.11 INSPECTIONS: A. Make written request for inspection after areas have been seeded and sodded. B. Submit requests for inspections to Landscape Architect at least two (2) days prior to anticipated inspection date. 3.12 CLEAN-UP: A. General: Keep all areas of work clean, neat and orderly at all times. Keep all paved areas clean during planting operations. B. Debris: Clean tip and remove all deleterious materials and debris and material unearthed as a result of turf s:rass planting operations from the entire work area prior to Final Acceptance. 3.13 GUARANTEE: The Contractor shall guarantee all materials used for this work to be the type, quality and quantity specified. END OF SECTION 02921 TURFGRASS LAWNS 02921 - 8 g�� ME SECTION 03300 CONCRETE PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General Conditions and Special Conditions apply to this Section. 1.02 CODES AND STANDARDS A. Comply with the provisions of the following codes, specifications and standards, except where more stringent requirements are shown or specified: B. ASTM C94 - Ready Mixed Concrete C. ASTM C260 - Air Entraining Admixtures for Concrete D. ASTM C494 - Chemical Admixtures for Concrete E. ASTM A706 - Weldable Reinforcing Steel F. ASTM A615 - Deformed and Plain Billet SteelBars Reinforcement. G. ASTM C33 - Concrete Aggregate H. ACI 347 "Recommended Practice for Concrete Form Work." 1. ACI 304 Recommended practice for Measuring, Mixing, Transporting and Placing Concrete. J. Concrete Reinforcing Steel Institute, "Manual of Standard Practice." K. ADA and TAS guidelines and recommendations. L. Environmental Protection Agency (EPA) Regulations PART 2 — PRODUCTS 2.01 CONCRETE STRENGTH, MIXING AND TESTING A. Mix in proportion to produce minimum 3000 psi concrete at 28 days and 4 to 6 percent air entrainment per ASTM C94. Slump shall not be more than 4 inches. Addition of water because of insufficient slump will not be permitted. B. The Contractor shall employ and pay for services of an independent testing laboratory to perform testing of concrete materials. Three test cylinders shall be taken for every 75 CY or less of concrete placed, or as directed by the Owner's Representative. One additional cylinder shall be taken during cold weather (below 40 degrees f) and cylinder shall be cured on job site under same conditions as concrete being tested. One slump test shall be taken for each set of test cylinders. CONCRETE 03300- 1 I C. Concrete shall be tested by means of actual cylinder breaks, with all information being reported to the Owner. D. Submit test reports to Owner showing results of tests and indicating compliance or non-compliance with standards and specifications. E. Mixing and delivery time shall be 90 minutes when the air temperature is 85 degrees or less. When the air temperature is between 85 degrees F. and 90 degrees F., reduce the mixing and delivery time from 90 minutes to 75 minutes, and when the air temperature is above 90 degrees F., reduce the mixing and delivery time to 60 minutes. The time of delivery is that time when the truck is on site and the concrete is being placed in the forms. 2.02 CONCRETE MATERIALS A. Portland Cement: ASTM C 150, Type 1. (Use only one brand of cement throughout I the project, unless otherwise acceptable to Owner). B. Aggregates: ASTM C33. C. Water: Clean, fresh, drinkable. D. Fiber reinforc«rnent. - 2.03 RELATED MATERIALS A. Expansion Joints: Pre -molded cane fiber saturated with asphalt, 1/2" wide. Joints 12 t' feet long or less shall be one continuous piece installed as shown on detail. B. Expansion Joint Cap: W. R. Meadows Snap -Cap, or approved equal. C. Expansion Joint Sealant: Sonneborn SL-1, one part self leveling polyurethane sealant, or approved equal, gray. D. Concrete curing compound: W.R. Meadows Sealtight CS-309 Acrylic Curing and Sealing Compound, or approved equal. 2.04 REINFORCING MATERIALS H A. Reinforcing steel: ASTM A615, Grade 60, except No. 3 ties and stirrups may be Grade 40. B. Supports for Reinforcement: Support all reinforcing with chairs. Sand plates shall be used where the soil is loose and will not support chair legs. C. Slip dowels shall be plain steel bars conforming to ASTM A675, Grade 60 or ASTM A 499. Provide smooth dowels as shown and detailed on drawings. Lubricate and cap both ends, leaving'/4" free movement in ends of caps. Caps for smooth dowels shall be formed, clear 6 mil poly -ethylene; or approved equal. PVC pipe shall not be used as caps for smooth dowels. D. Fiber reinforcement: virgin polypropylene, collated, fibrillated fibers specifically manufactured for use as concrete reinforcement, containing no olefin fibers. The CONCRETE .- 03300- 2 11 N quantity of fiber reinforcement used shall be 1.5 pounds per cubic yard or as recommended by the fiber manufacturer. PART 3 - EXECUTION 3.01 SITE PREPARATION A. Contractor is responsible for layout of work based on plan dimensions, excavation, grading, leveling, and compaction of sub -grade and fill material. B. Contractor shall notify Owner when concrete forms and reinforcing are in place; minimum of 24 hours prior to concrete placement. C. Sub -grade preparation to include removal, hauling, and disposal of any unusable material. 3.02 CONCRETE FORMS A. Curved sections of concrete shall flow smoothly throughout the curve and shall not be composed of straight line segments which have been joined together. Ends of curves shall flow smoothly into straight line segments. B. Form material shall be matched, tight fitting and ad-qu,-tely stiffened to. support weight of concrete without deflection detrimental to tolerances and appearance of concrete. C. Coat interior surface of forms before placement of reinforcing with W. R. Meadows Duo-gard Concrete Form Release Agent, or approved equal. 3.03 REINFORCING A. Maintain 2" clearance to all concrete surfaces. B. Install smooth dowels in horizontal position, maintaining 2" min clearance to all concrete surfaces. C. Install tie wires by doubling the wire and tying in an "X" pattern. Ends of wire should be bent down in close proximity to the reinforcing steel. D. Support reinforcing with chairs. Chairs shall have sand plates on the bottom when the soil will not support chair legs. 3.04 EXPANSION JOINTS A. Expansion joints shall be fibrous cane material saturated with asphalt. Wood shall not be used. Insertion during concrete placement will not be allowed. Joint material shall have rigid backing while concrete is being placed. B. Install expansion joint material where concrete abuts existing concrete, manholes, inlets, structures, walks, poles, signals, and other fixed objects. Install one half inch below top of concrete. Install Sonneborn sealant; or approved equal, flush with concrete. CONCRETE 03300- 3 C. Expansion joints shall extend full -width and depth of slab, 1/2" below finished surface. Expansion joint material shall be one-piece lengths for the full width being place, whenever possible. Where more than one length is required, lace or clip joint sections together. D. Protect the top edge of the joint material with a temporary plastic joint cap. Remove temporary cap after both sides of joint are placed. E. The top 1/2" of expansion joints shall be filled with a gray colored urethane sealant. Provide masking at joint edges to maintain straight line of sealant. Remove masking tape before sealant has cured completely. Sealant shall not be placed more than one half inch thick. Applications requiring sealant more than one half inch thick shall be placed using multiple applications, with adequate hardening time between applications. F. Expansion joints shall be spaced as shown on plans. Contractor shall not deviate from joint spacing shown on plans unless approved by the Owner. G. Install expansion joints at all locations where new concrete abuts existing concrete. 3.05 CONTROL JOINTS A. Control joii, aslrall be spaced as -shown on plans. Contractor shall not deviate from m-- joint spacing shower on plans unless approved by the Owner. 3.06 CONSTRUCTION JOINTS AND COLD JOINTS A. Construction joints and cold joints are not permitted except as shown on the plans. 3.07 CONCRETE PLACING AND WORKMANSHIP A. The Contractor is responsible for correction of concrete work which does not conform to the specified requirements, including strength, tolerances and finishes. Correct deficient concrete as directed by the Owner. B. Workmen shall have a minimum of 3 years experience in forming and pouring concrete of a similar nature and scope. C. Comply with ACI 304, and as herein specified. D. Deposit and consolidate concrete slabs in a continuous operation within the limits of construction joints until the placing of a panel or section is complete. Consolidate concrete during placement so that concrete is thoroughly worked around reinforcement and other embedded items and into corners. E. Bring slab surfaces to the correct level with a straightedge and strike off. Use a bull float or darby to smooth the surface, leaving it free of humps or low places. Do not sprinkle water on the plastic surface. F. Apply non -slip broom finish. Immediately after trowel finishing, slightly roughen concrete surface by applying a light broom finish perpendicular to main traffic � 1 �i CONCRETE 03300- 4 i 1__ route. Broom must be kept clean and free from concrete buildup between the - bristles. Broom marks should be light but distinct with clean edges. " G. Protect freshly placed concrete from premature drying and excessive cold or hot temperature, and maintain without drying at a relatively constant temperature for a period of time necessary for hydration of cement and proper hardening. H. Contractor shall allow no marking or footprints to be placed on the uncured concrete. Concrete with footprints or other defects will be subject to removal and replacement. Mopping with cement slurry to cover defects will not be allowed. I. Split edges, cracks, honeycomb and other defects will not be accepted. Concrete section with such defects will be removed and replaced at the Contractor's expense. J. Repair of formed surfaces: Remove and replace concrete with defective surfaces if defects cannot be repaired to the satisfaction of the Owner. Surface defects include color and texture irregularities, cracks, spalls, air bubbles, honeycomb, exposed rocks and other protruding objects. -- K. Cold weather placing: Protect concrete work from physical damage or reduced strength which would be caused by low temperatures in accordance with ACI 306 and as herein specified. When air temperature has fallen or is expected to fall below " ' = 40 degrees F., uniformly heat all water and aggregm efc�; mixing as required to obtain a concrete mixture temperature of not less than 50 degrees F., and not more than 80 degrees F., at point of placement. Do not incorporate frozen materials into the concrete mix and do not place concrete on frozen sub -grade, or on sub -grade containing frozen materials. Do not use calcium chloride and other materials containing antifreeze agents or chemical accelerators unless otherwise accepted in the design mix. Protect concrete with insulating covers if subject to freezing. PVC only, as an insulating cover, will not be allowed. Insulating covers shall not be allowed to damage the finish. L. Hot weather placing: Protect concrete work from physical damage or high temperatures in accordance with ACI 305. Cool ingredients before mixing to maintain concrete temperature at time of placement below 90 degrees F. Mixing water may be chilled, or chopped ice may be used to control the temperature provided the water equivalent of the ice is calculated in the total amount for mixing. Cover reinforcing steel with wet burlap if the temperature exceeds the air temperature immediately before embedment. Do not use retarding admixtures unless otherwise accepted in the design mix. M. Contractor shall be responsible for the protection of uncured concrete. Contractor shall not allow markings or footprints to be placed in the uncured concrete. Contractor shall perform curing of concrete by application of curing compound on finished surfaces immediately after finishing. Apply in accordance with manufacturer's recommendations. Re -coat areas subjected to heavy rainfall within 3 hours after initial application. N. Forms may be removed when concrete is sufficiently hard that it will not be damaged by removal of forms and provided that curing operations are maintained. CONCRETE 03300- 5 O. All edges of concrete shall have a radius of/2". P. Allow for 1-1/2" minimum clearance between all reinforcing and concrete surfaces. 3.08 CONCRETE WASHOUT AT CONSTRUCTION SITES A. The Contractor shall be responsible for correct handling of concrete washout materials. Best Management Practice (BMP) and or Best Available Control Technology (BACT) shall be followed at all times. 1. Collect and retain all the concrete washout water and solids in leak proof containers per detail in plans. End of Section CONCRETE 03300- 6 SECTION 07800 SPECIAL CONDITIONS PART 1-GENERAL 1.01 WORK COVERED BY CONTRACT DOCUMENTS A. Drawings and general provisions of the Contract including General Conditions apply to this Section. 1.02 SPECIAL CONDITIONS A. After demolition of the existing concrete slabs and removal of turf, Contractor will smooth and level the affected areas. B. Damage caused to pavilion structures will be restored to original condition at Contractor's expense. Contractor will cover pavilion posts with suitable materials to prevent concrete from adhering to posts. Any concrete that does adhere to posts will be removed immediately and will not be allowed to dry on the posts. C. Contractor shall coordinate with Suddenlink Communications through contact listed on plans. Contractor shall provide notification and grade inioni-tsdon for Suddenlink Communications to raise their pull boxes to be flush with new surrounding sidewalk. D. Contractor shall coordinate with contractors under separate contract installing playground equipment and related work. Contractor to allow access to site and coordinate sidewalk tie-ins where necessary. E. Contractor shall coordinate with contractors under separate contract installing picnic shelters and related slabs and site furnishings. Contractor to allow access to site and coordinate sidewalk tie-ins where necessary. F. Contractor shall refer to supplemental details in specification manual for City of Lubbock Standard ADA Curb ramp detail as noted on plans. SPECIAL CONDITIONS 07800 - 1 4219 6" ,— 4" a 2" R 3 R DOWN CURB SECTION. -- °'� 12" 18" TYPE "A" 5 3/4" 41/4" °cF 2"R r, ID 3" R IF DOWN CURB SECTION. 6" ' . it , Q LlP � -----9 11/16" 20 5/16" NOTE: CONTRACTOR MAY USE EITHER OF THE ABOVE SECTIONS. TYPE "B" C ---L-- ' C 6r, i� 3" v v 12' 3" in 3" 9 11/16" - j 20 5/16" TYPE "C" NOTES: 1. REINFORCED TYPCE "C" GUTTER SECTION SHALL BE CONSTRUCTED WITH THREE #3 BARS RUNNING THE ENTIRE LENGTH OF THE DRIVEWAY SECTION WITH CHAIRS SPACED TO GIVE ACCURATE PLACEMENT. (TO BE USED AT DRIVEWAYS ONLY.) 2. 30" CURB AND GUTTER IS NOT STANDARD AND SHALL ONLY BE USED WITH PERMISSION OF CITY ENGINEER. REWSED TYPICAL 30" CURB �Ty City of MAY 2014 AND GUTTER SECTIONS Lubbock PLATE NO. TEXAS 36-10 A ` GROOVE JOINTS EACH SIDE OF RAMP. TOP OF CURB lj, SjS �Oo�'�i BITUMINOUS -" EXPANSION S JOINT (FULL DEPTH) LOCATED so ALONG BACK OF ClJRB NEW CONSTRUCTION. OQF�� o a *� A YELLOW, SURFACE -APPLIED TRUNCATED DOME PANELS AFFIXED, FOLLOWING MANUFACTURER'S INSTRUCTIONS, TO PROPERLY CONSTRUCTED, CURED AND PREPARED 4" CONCRETE SLAB. ! IN RADIUS MAINTAIN GUT-iER_ — FLOWLINE. RAMPS SHALL BE CENTERED IN CURB & GUTTER RADIUS TO THE MAXIMUM EXTENT PRACTICABLE. IN STRAIGHT C. & G. RAMPS SHALL BE CENTERED IN CURB & GUTTER RADIUS TO THE MAXIMUM EXTENT PRACTICABLE. TYPICAL ADA RAMP PLAN �-- 4' MIN. --i -�— City of Lubbock TEXAS SHEET I OF 2 REVISED MAY 2014 PLATE N0. 36-16(A) 5'-6" 24" MIN. 1 ' 12 SLOPE {M— qx) _ 4" MIN. THICKNESS. SURFACE APPLIED TRUNCATED DOME PANEL. 4" MAX SECTION A —A SURFACE APPLIED CLASS "A" CONCRETE SHALL TRUNCATED DOME CONFORM TO APPLICABLE PANEL. SPECIFICATIONS. 4" MIN. THICKNESS SECTION B—B SLOPE 5% MAX BITUMINOUS -" EXPANSION JOINT AS REQUIRED BEHIND CURB. NOTES: 1. SURFACE -APPLIED, TRUNCATED G�jsYtE; DETECTABLE WARNING SYSTEM PANELS, USED HEREIN, SHALL BE MANUFACTURED BY ADA SOLUTIONS (WWW.ADATILE.COM), OR APPROVED EQUAL, AND SHALL BE LAID TO WHERE THE DOMES ARE UP AND THE LONG AXIS OF THE PANEL SHALL BE PERPENDICULAR TO THE DIRECTION OF TRAVEL. 2. RAMP TEXTURES SHALL CONSIST OF TRUNCATED DOMES SURFACES. TRUNCATED DOME DIAMETER, HEIGHT AND SPACING SHALL COMPLY WITH THE TEXAS ACCESSIBILITY STANDARDS (TAS), ADMINISTERED BY THE TEXAS DEPARTMENT OF LICENSING AND REGULATION (TDLR). TEXTURES ARE REQUIRED TO BE DETECTABLE UNDERFOOT. SURFACES THAT WOULD ALLOW WATER TO ACCUMULATE ARE PROHIBITED. THE PANELS SHALL BE AFFIXED AT THE PRESCRIBED LOCATION, TO THE PROPERLY CURED AND PREPARED CONCRETE IN THE MANNER AND USING THE MATERIALS SPECIFIED BY THE MANUFACTURER. 3. THE RAMPS AND LANDINGS SHALL BE CONSTRUCTED FLAT, IN ONE PLANE, WITHOUT WAVINESS, HIGH/LOW SPOTS OR WARP. THE CONCRETE WHERE THE SURFACE —APPLIED PANEL SHALL BE AFFIXED SHALL BE IN JUST SUCH A CONDITION. IF DETERMINED TO BE NECESSARY AND APPROPRIATE BY THE ENGINEER, A HIGH SPOT IN THE CONCRETE MAY BE HAND —MILLED WITH A GRINDER, JUST ENOUGH FOR FLATNESS, IF THE AREA TO BE GROUND IS TO BE UNDER THE SURFACE —APPLIED PANEL, IF NOT, THE CONCRETE SHALL BE REMOVED AND PROPERLY REPLACED AT THE CONTRACTOR'S EXPENSE. AFTER THE CONCRETE IS THOROUGHLY CURED, AND THE SURFACE CORRECTLY PREPARED, THEN THE SURFACE -APPLIED PANELS SHALL BE PROPERLY AFFIXED TO THE CONCRETE, ACCORDING TO THE MANUFACTURER'S INSTRUCTIONS. 4. SURFACE -APPLIED PANEL COLOR FOR THE RAMP SHALL BE A CONTRASTING COLOR THAT PROVIDES A LIGHT REFLECTIVE VALUE THAT SIGNIFICANTLY CONTRASTS WITH THE ADJACENT SURFACES. THE COLOR OF THE SURFACE —APPLIED PANELS SHALL BE SHOWN ELSEWHERE IN THE PLANS OR SPECIFICATIONS. IF NEEDED, SURFACE —APPLIED PANELS SHALL BE SAWCUT ONLY AND A PANEL SHALL BE AFFIXED WITH A 1#8" GAP TO ANOTHER PANEL. 5. ALL SLOPES SHOWN ARE MAXIMUM ALLOWABLE. THE LEAST POSSIBLE SLOPE THAT WILL STILL DRAIN PROPERLY SHOULD BE USED. RAMP LENGTH OR GRADE OF SIDEWALK APPROACH MAY BE ADJUSTED AS DIRECTED BY THE ENGINEER. TAS REQUIRED DIMENSIONS AND SLOPES ARE PARAMOUNT. IF SITE CONDITIONS PREVENT A RAMP FROM BEING CONSTRUCTED, AS -DRAWN, TO WORK AS INTENDED AND COMPLY WITH THE REQUIRED SLOPES, THEN THE RAMP CONSTRUCTION MUST BE ADJUSTED TO COMPLY WITH THE REQUIRED SLOPES. ALL CONSTRUCTION QUESTIONS SHALL BE DIRECTED TO THE ENGINEER. 6, MAXIMUM ALLOWABLE CROSS —SLOPE ON SIDEWALK AND RAMP SURFACES IS 2%. ALL CONCRETE SURFACES SHALL RECEIVE A LIGHT BROOM FINISH UNLESS NOTED OTHERWISE ON THE PLANS. ADDITIONAL INFORMATION ON CURB RAMP LOCATION, DESIGN, LIGHT REFLECTIVE VALUE AND TEXTURE MAY BE FOUND IN THE CURRENT EDITION OF THE TAS. SHEET 2 OF 2 REVISED TYPICAL ADA City of MAY 2014 RAMP PLAN Ll1bbo&k PLATE NO. TEXAS 36-16(B) END OF SECTION SPECIAL CONDITIONS 07800 - 5 4219 CITY OF LUBBOCK PARKS & RECREATION DEMO/SITEWORK/SEEDING/IRRIGATION/ELECTRICAL MAYOR, GLEN ROBERTSON CITY MANAGER, JAMES LOOMIS CITY COUNCIL - DISTRICT 1, VICTOR HERNANDEZ CITY COUNCIL - DISTRICT 4, JIM GERLT CITY COUNCIL - DISTRICT 2, FLOYD PRICE CITY COUNCIL - DISTRICT 5, KAREN GIBSON CITY COUNCIL - DISTRICT 3, TODD R. KLEIN CITY COUNCIL - DISTRICT 6, LATRELLE JOY DIRECTOR OF PARKS & RECREATION, RANDY TRUESDELL PARK DEVELOPMENT MANAGER, CRAIG WUENSCHE K V LANDSCAPE ARCHITECT, JEFF STUART • SHEET INDEX GENERAL NOTES SHEET TITLE SHEET# i. AT LOCATIONS WHERE NEW CONCRETE ABUTS EXISTING CONCRETE, TOPS OF CONCRETE SHALL BE FLUSH. d Z. CONSTRUCTION JOINTS OR COLD JOINTS WILL NOT BE ALLOWED, WASTE CONCRETE OR SLAG SHALL NOT BE PLACED INSIDE THE FORMS, F.. COVER 1 G. CONCRETE WILL HAVE A MEDIUM BROOM FINISH. DEMOLITION PLAN 2 1. IF CONCRETE SPLITS WHEN DRILLING HOLES IN EXISTING CONCRETE, SAW CUT AT NEXT CONTROL JOINT OR REMOVE TO NEXT EXPANSION I DEMOLITION PLAN 3 JOINT. SUCH WORK WILL NOT BE CONSIDERED EXTRA WORK. RY• ^'- SITEWORKPLAN A S. FINISH GRADE GRADE WILL BE t' BELOW TOP OF CONCRETE AND WILL SLOPE AWAY FROM CONCRETE AT B:i MAX. CONTRACTOR WILL APPLY SITEWORK PLAN 5 SEED TOSMOOTHLEVEL SOIL, CONTRACTOR WILL BE RESPONSIBLE FOR WATERING SEED UNTIL CONSTRUCTION 15 COMPLETE. 8,EXISTING IRRIGATION IS BASED UPON BEST AVAILABLE INFORMATION, IF ACTUAL CONDITIONS DIFFER FROM THOSE SHOWN, CONTRACTOR SITEWORK DETAILS 6 WILL PERFORM EXCAVATION AT SPRINKLER HEADS OR ELSEWHERE AS NECESSARY TO DETERMINE ACTUAL CONFIGURATION, SUCH WORK m SITEWORK DETAILS 7 SHALL NOT BE CONSIDERED EXTRA WORK. DITCHING OR OTHER WORK REQUIRED FOR REROUTING OF IRRIGATION LATERALS AND CONTROL PH IRRIGATION PLAN 8 WRES MILL NOT BE CONSIDERED EXTRA WORK. PIPE(WiRING FOR RE-ROUTED LA7ERALSAVIRING WILL BE SAME SIZE AND TYPE OF IRRIGATION PLAN 9 PIPENARING BEING REPLACED.MA IRRIGATION DETAILS 1O 7. PROTECT EXISTING SPRINKLERS AND VALVES DURING CONSTRUCTION. IF DAGED, REPLACE WITH EQUIPMENT ACCEPTABLE TO THE OWNER. IRRIGATION DETAILS 11 RESTORE FINISH GRADE TO ORIGINAL CONDITION. B.INSTALL SPRINKLERS IN VERTICAL POSITION; TOPS FLUSH WITH FINISH GRADE, Y ELECTRICAL PLAN 12 9. REPAIR IRRIGATION CONTROL WIRES THAT ARE DAMAGED BY CONSTRUCTION. INSTALL STANDARD IRRIGATION VALVE BOXES AT SPLICE EL PI K i yAq r e ELECTRICAL PLAN 13 LOCATIONS. USE WATERPROOF CONNECTORS ACCEPTABLE TO THE OWNER. BOTTOMS OF BOXES SHALL REST UPON UNDISTURBED SOIL. L DOXES USED FOR SPLICES SHALL BE LOCATED MIN. 10 FEET FROM SPRINKLERS AND S' FROM CONCRETE EDGES. y E p III DUCK COUPLERS MAY BE ENCOUNTERED DURING CONSTRUCTION AT LOCATIONS NOT SNOWN ON THE PLANS, MOVE SUCH QUICK COUPLERS 3 TO NEAREST EDGE OF CONCRETE, PIPING FOR OWCK COUPLERS SHOULD NOT EXTEND BENEATH CONCRETE. CONTRACTOR SHALL BE FAMILIAR WITH SHUT-0FF VALVES BEFORE CONSTRUCTION BEGINS, RELOCATED QUICK COUPLERS SHALL BE INSTALLED IN A 10- ROUND BOX. KEY MAP WORK RELATED 70 CAPPING OR RELOCATING QUICK COUPLERS WILL NOT BE CONSIDERED EXTRA WORK. tt. CONTRACTOR WILL BE RESPONSIBLE FOR ALL LAYOUT AND STAKING, CAD DRAWINGS WITH TEMPORARY BENCHMARKS WILL BE PROVIDED BY SCALE; NTS OWNER. 12. ELECTRIC UNES(1Z ) THAT ARE SHOWN ON PLANS AND DAMAGED DURING CONSTRUCTION SHALL BE REPAIRED BY CONTRACTOR AT HIS PROJECT DATA EXPENSE, TERMINATIONS FOR REPAIRED LINES SHALL BE AT EMSITING LIGHT POLES OR ELECTRICAL BOXES- BURIED SPLICES WILL NOT BE ALLOWED. NOEL PARK WALKING TACK 10, AFTER DEMOLITION OF CONCRETE SLABS, SMOOTH SOIL AND SLOPE TO PREVENT PONDING OF WATER AROUND FOOTING LOCATIONS, 14. TRASH BARRELS WILL BE REMOVED INTACT. STORED AND RHNSTALLED IN NOTED IOCATKINS BY CONTRACTOR, IF DAMAGED, BARRELS WILL ADDRESS: 9002 CHICAGO AVENUE BE REPLACED BY THE CONTRACTOR AT HIS EXPENSE. LUBBOCK TX 70181 ' AD PROJECT NUMBER; FA0PRJS481S124 COVER SHEET 3 XNINV. Y:YAAY[10.T000J SYIk Y N0, 1 NOTES I r.a.. -� rart n aar.w _I "HEET # .wta an/acviwr em, �..-� cvruavot aewt.w w -� ruore..o tsar euwrion .vxnar wncacw.t. tan as HOEL: DEMO 1 HOEL PARK DEMOLITION PLAN !Fs HOEL PARK DEMOLITION PLAN NOTES LEGEND � mawa+or�r r.oa � rnw n �oaiww f — — tewra ve _AWSHEET/ vgo o.t..u.,aur mar.'.i. � onrw rorneraw ••,• � rwroco oorarvriax roc .,n�ercur wrrwwcur � awn NOEL: DEMO w a m,r,wwo ' �xCx w.OEi,L91 :Mn, e- idiwal[In arwA� ........ .._ .._..__.. HOEL PARK SITEWORK PLAN NOTES -- �e,WwEwart P.AA. � W YEAWEM, 4 _-1#/SHEET# senw.orrw.cuaur w,r.w.a � wsruwwornn,rPw �Ar � P,OPOE[D EPAL EIEIMtpN i ElE NINaM, OIOWN HOEL: SITEWORK NOTES LEGEND fi [xPArGON lapYi CaMXm raxil v.a,a � roxrrweovvrw _,#/SHEET# akawwurxawa a+r WEt. Nxe � WETWaiPar CEvxTCN MATCHLINE F, 14HEET4 ��� rxmaxEDEroi 4kMxTeTN MATC (LINE -REF. ifSH T s i' TCHLINE • RE 1 SHEET r ,' rc mmara rxxEi:, xr+arorxarr. �•_•'"'�"'-- "� m, xrxr � � ' mortar ae cure i naY:.or rwirxe _JJ tt W— 20 1\ O rmrrkrev ' miaw u y S �\ CRW.YM. � � i i¢owtOkEhttox,o \ :OR 1KHia' O xxasMUE t0a � 1 ry�d �' \ /'� t¢ ° xai'mx.rmiae xEv.�on r rri � �•-.. 9 id.F O O f , rvv.e vrn, eawaswf q J wNexx � i ♦� O � q q � ,r,,,x.. O i \ y a Mw f wwrro.au� rr». w.•onxrs,aEr _ 9�F Iry tle aoxwvu..E F�� � Exurxov,,nE �K- 'm=or�iaa�a via.aea 4 �i�EssToixn4vwo. '� q OREi.. aft TlYnrx w vain xee ro�iva�r s� >.p� sU:•rcrrtR:aFm+�r. pt. �� �TaYmI NfU1E .ax MEf:-.1 M„Tx r I IxLL P,<V q i x! �l C O xwxrno. Yiow.wrr ttF.casrxr4xw \\\ Ill n mecuvlte w.w, i-'6°rciok'irul / wre..>oQ HOEL PARK SITEWORK PLAN HOEL: SITEWORK neac.vveaauamom 5rEET Na. 5 i caaanrorw� f Mlprlr NnCN utnrr¢ y II II D. SIGN u u u u °��� vuK� }��•wauw muwY Kwvw,-m. .,moa w°KRKw C. STAPLE(nl.+) •!q YOw rw. ro�omrt xw,w.m. �w°Lw,'r.a`r`"MOwr �" ��n�axo.,..- n•..'wrwn°rru.mKr wanna.0 Kournn �..wnaT°nru �•� w:n° +uRnuKwMir.r oorn,uoor.wr A�vv J� � nt,¢onawsoum¢ OCMLLMOLyrNG CU,1 � K:aan am KuuoLw � • OVRNI IlAGK RN¢Vlmt ' va Y unw� imRoatn w m, rr..evsuo. o ter, p y •r. 4! .e. �3 L m. y � orinnTnor morJOMN�"JONir wre.raauw.r.nowTnamc.RL. rwL:uNr w.rror mr+areorw Ksrua�10Wr "'"w. 2 rol,uYf..._RNINrr. wompuLwrrY¢olp LYwwlw.oKrlL room wa�ue n woawwK •r rru a.K. M,ru eaoor. �-�lr?F+r°wotw _rlf. LM Owmo o�`wm,rwKua w,w,nnco:ure `wsrmr woomowt.aw�rars.wxnmNN.a°K lmwc. eel+�a6w�Yoar�iao,i�N.v�i rlrnunigiwr.�wu m,eun WNL NOK nWNL NMLLr Y.TDMw NaoKO'MKiwMLYM. ACCL3611t1.:a1NU 90t1M1000[ TYP. EXPANSION JOINT 7 TYP. ON -STREET ACCESSIBLE PARKING w/ SLOPED CONCRETE - r, was. m. sswoc.r+a,L aw¢: yr -,'-F YrwELM V14 �„n :.•. ✓ �ORYlrK R/N!; n� ru 1 1 1 1 naRnwn q i 1 1 A PLAN B. SECTION r: r�� oorwune..r,wrroYu�o T�m'�xrwK io'i.�ruao44bo. rr�e � L CplGirt W:1Yg11r fiW lO Y WRw,Kpuriww np W WMYr /MITT. 110 TEMPORARY CONCRETE WASHOUT FACILITY r---� e I I I 1, 1 I t raven Lr \ eo.cum 1 I cnw .es, s+KRK L i�,a xir oireaw s Ka+wn wnK.cr, 9 TYP. BENCFBENCH PAD INSTALLATION SCALE: ]d!'+t'-• m.cKna aw�i KK,.ruus roK rww�cacK¢r¢ '. � '• + 3�.rItTt�''--•.�t _!k:1) ��`'' 2B TYP. CONIC. WALK - SECTION (CONDITION B) SCALE; to'i'-0' .:.S: rIWa¢ t �x 11'I r ��` .• I I •df: t �inM mo�u nM Wteyry %'Ktav iO.d ODtCRit � .urwsT��w.rraewwris `a�nwTm .iaru a�urK:,aM c... Kuwr. Wa,DSWL wr Y wvlai a.,wdw,°ML �rmn. wnwn� sm� awarm.wco,nmw.xxri,nnw wrno�r+uum n r. uruu on•n�.Kwo¢rm rca oox IM.n n11r1 Nw.LK KNrr oaW NaaK �brt wOKON1 TOAO.KH KnMOrrr MRKw Mt M 4K¢M� c°Kann awu.ornGwYiw. treraurK ro.eeata s ,Ol,R�0.t1H�oKru cwTYl YKnurmYmwnnn HKr 6EXP.JOINTATEXISTINGCURB ow.Knwmrn."""."""TOY q►NYMI r0%'I,YIMYT.CKOLK 41r9S MNC¢ AKRT T[Omn.WlN vwuxOrKnKlo SCALE: t'.1'-V -------------- ♦ aopwgKWLLrWKA �KIwNrOwl,Iwi , �ww OL.w Y,Y1 Y r uwwra n wxurrL rriwwi lOY.YrAtl[O tlNWNKbN.rIII[LJRn .m.r raarMa,rnWTK %•was, m. LR.1a1 Y.'..�mwncrreKrwo ,� 2A TYP. CONC. WALK -SECTION (CONDITION A) SCALE: 14r V-' Komievwmon nwr:v svneac urK ,°mm ooK,.a wKrMo.vzurruwonraK+°. 5 EXP. JOINT AT EXISTING CONC. �RL1ocTtm• Ytar Yana n.►i WVWiE - W.MNor1 T.Y1f, m' rr. RNIK,W LWnOLF KKr. vweerK mv, ¢� mru.r�Lr m � r�a�-Maur aAr mom. -._ -., .•. •... •:... +. 2A&BI SHEETS I Ulf >. -2a�:�I'i? emu- I -----¢--------- 4 TYP. CONTROL JOINT TYP. CONC. WALK - PLAN SCAM t'•1*.V SOUS: 12'. 1-4- 8 DRINKING FOUNTAIN, TYP. SITEWORK DETAILS SCALE.. vr.,•-V gLNO.' .x.a,buwoo 6 . -� U MMInYN Q.GT fdNA— AlgX 4 TYP. SECTION AT DRAINAGE CROSSING, CONDTION B Ste. W•V• ,rtXmna nr. NNOIIWip IIMRI M •uf4XAtl 2 TYP. MAINTENANCE CURB SCALE V - V, M. w..i•rr n�rTnnaX. M, M.MWiawAKL OAV X9.•pnAl YYa[ait N,3100120 COXA4JOMTa A11141c niA ISOr1,11A1OY[i1 — ruwnrrorarcw m::aui•>war/ nuw r,na/ o,w M. W.JaMfaTM¢ItnM NY, OnNtMn/ COM1,MCfgliw{•MfXMaYI a�l4,u igI1N MiAA �A GT,IfMGr011NWi yy .. os OJW ���rp Y AKAa T. W. AWI IpI..CnAI ]it[i/ tHCCroO,fDCMt111a1.iM16 AIwpV. NaT' iI'OXi'W,L,ip1 AXW . /•Mf1MKd 0./Y n� OIfU11a 4 O R.- Wiarutr W1rpiTpl bF RIX/ a,UIl XOW11 MlfX a,woa. oaw®uu or cuo rowrae.wr mans Xuw+ccw/a wmn,w nu,oniairwaA • ° o 0 � �.W.rwn . onA•awns /uw./wnwnare oranewuK wn,XiXA � 'n ru: o[TAA a4aWET{ an rAtuun roa av uuacw• „oXa�,rwewreX � a - �,ra nwaTaXwrw eu,oa,e 1 r¢+wk+,umet,w•sani � wut ///� rrr,u w.-onA•i tn. w. v a�aACX GprtMClpl a,Wl �A4TOitm C'JNiR LM11Y 1l OX iX CO3/fMC,gaMNa/UUM t X4p N.I/ WOMD aACX >X4Wi1M LN,NG,4/�n 1WtINT[ 1•M111 /luW rinf 3 DRAINAGE CROSSING, CONDITION B „r•,•.x te'�n:.ortw �i> rnu� nrera� r..u. reAsn rwn Xrooie.�tma/m uunonr %� AXr coara,a Xoxnrca.ro ,uimrtXwrrtaA fC/rtX/C,OX YWL MGY{LY a.Aa 1001m CCWit,G lOMra P'61Y fTMiXM,aI,IIX w.ANTATMOI bF Ltal/ XV: C(IAt NNHI{ M. W. Axrt RI.•OnN. Yal6i{ H{M r,n01ttU DRAINAGE CROSSING, CONDITION A, TYP. SCALE TfE'•,'-0• SITEWORK DETAILS .ue rto. . muv{uooio aim en 7 89th STREET NOTES IRRIGATION PIPE TABLE_ SYNSO. _ PIIC ___ /A• 2... SDR dl IVC pW CNGLISN .x - ECLL END - LAIC— _ 1� 2V0 PSI fW 21 PAC PIP[ fNGLISN tlxirT -DELL CND - LAI'E'kK i-1/�• ND PSI SDx_YI PVC PVC F.NGL.ITX LWItS -YELL CND - LAr[RAL 1-1/2• £00 Pfl Sa PI hVC PIP[ EtKAiS1Y UNIiS - YCLL CND -LATERAL 2' i!CD P51 SDR 23 PVC PIPE EXGLISM WIrS -YELL END - MtCkAI PRD PSI idi 21 PVC PIPE ENLLISII LWM • ECLL END - 11ERAL 5' Pa PSI 5DR 21 PVG PIPE L-1fN .1EE - YCll END - LntCRAL d' Ea PSI SDR 21 PVC _ ENLLI$. UNITS - G wr POCKET - NMNLINC OUIPMENT TABLE SYXDOL CDUIPxENi XUNIW I- SERIES ZONC VALVE W. SMCIFICO W PLANY MNIER ILV SERICS ZW VALVE V/ MP K11 .1. SPretr1rD W PLANY ♦' MANUAL CDNTIY0. LAYC VKVC YtUY L.p FDII rPL'C aW SYYIGN 2' SCN a CAAY PVC - PDSAYI[ TER ZINC Y/ rkACfk VIRC ]• Y09 PSI 5DR 21 YYL PIPk: ENGLISN Ux1Y5 - SLEEVE EARS TABLE srxea NUNTkT! I-2s ad RBroR - 91D xlYzztE XNNrrk I-ri ad wraz - 9Dr YEIznE T MWrER o-xd a worak - Py xozzLf ,pwdcwErE rApm Fw ra r mt rLwr 9urnw nrm eL2emc cwuur nrc�cNrwcrow. ��ou V NEgi b W X0D lNutl xua V No awu rw.i n vuvF wR oP re rue wErALLenLNrYLrND a�nce. 0��0 Nuew wbaCs below. Call before you dig. ...'..v.._..yj vKW W91YW WY(NLtRI EAMV VNVC W' FF11f �E YMCK4NXCCt OR LNOIYuxuNrfn \ `\\ vAP2rCDNgCr'r k6lLEK( 1 iN IYINCN' •MMICE reY LYxuYWStv OCATKYNIODLiVGYNEn % ,� ', d . n , UY � N ® HOEL: IRRIGATION MATCNLINEI —__ ___--.�____--- � 1 IOI Y .1! 9 ANT HLINE•REF. f75HE 9 Y HONE f. 1 ETB HOEL PARK IRRIGATION PLAN J JOY Hb. . 0.^SN.91ne.'Y0000 $11[bt ND. 8 NOTES ��� rz� raaorw,rua nArlal�wonemecrr•r AuwsDls.oir f uMe D vNrrareiMalo sing � A von xcu a rrf.m wnLLZDeel r.e 0 KnwiwUrsloalsw. cambdualaft '(GAT CH PG'xE TABLE svnn nn �• epp K zs n M !D•L tw.ISN rs . Ru oo - 1• L00 KI pR ✓N M rrc [Illl91 tMIK - 1Cu. tlw - 1UVA �• tau m sue r I unrs - tw - uTuuL i-Irx• E1! ry sm xl M r LNpLrsN m - ru EMf - Ivx d• AtC i fxt dt rVt !P[ tafl.lCf if - - tAfEML L-1/x' Lqi KI SdR M rrc Q4I3X OMITS pL1.L CND - urimn._ r xa rst sDs a rvc rac ssra.rDi czars - szu zw - urrsx, v aio KI sDd n rvc llrc FMnISN Idan • Drssit rDDtcr -wax IGATION EQUIPMENT TABLE s+Nm. _ sewn cnurNwr • lawru rcv srnux xuo vw,vc mzc srocasp m avzD IWF0. Itv f(F d [ v/Av V/ pMM Nli < frC-- d r MwAwL rz v I IW i ORP MI[II M GdAT M - nlrAdl[ vA LB6 V/ I VpC LD! Kr TDII I r rIK ISN outs - TQN HEADS TA E aA �r I a PaiOt - Mw H]I z Iwru o- a corm - sa IIOThi •" �r[a I-n sc mrrol - xs .suns oiCnlel.n tl HOEL PARK IRRIGATION PLAN HOEL: IRRIGATION »dMa� a�sz.nw.smm IINpdi N0. 9 FINISH CRADE/TOP OF IRIR.CH — STANARD VALVE BOX WITH COVER VALVE BOX EKTESION (AS NEEDED) WWTREUC�01LE0 (1 �O PVC MALE ADAPTER (I OF 2) J.p' LON%" DEPTH OF 3 4' WASHED CPAA! — BRICK - (I OF 4) PVC BO EL (I OF 2) SYNC JONT SWING JGNT 12• NIPPLE PVC BILL g VALVE 3 NIPPLE SKM JMT VALVE III% WITH COVER STANDARD WITH BLACK LID gal REDUCER BUSNAC FINISH GRADE/TOP OF MULCH ($GE/.SICQ�T % FWn ' I' QUICK CDLPLER 6' MIN DEPTH OF 3/4' WASHED GRAVEL TDRNppLL REM �SEPoESLIE HUNTER CV GEDTE%TILE FABRIC ID TAG (OPTIONAL) PVC BALL rS1YW JOM WATER PROOF CONNECTION (I OF 2) `VALVE / 1' % 6' BRASS NIPPLE XV`•CdNj{ ` STABILIZING SWING JOINT �` � tY MNPPNE 10• ROUND VALVE BOX W/ COVER LI REl)IMER BliSlYNG V PVC LATERAL PIPE ADS VALVE Box Ex.PVC SCH 40 Ell (LE H, (LENGTH AS NEEDED) PVC aALL VALVE (FFT % FIPT) 2 TYP. QUICK COUPLER VALVE INSTALLATION PVC MALE ADAPTER ) SCALE NTS SERVICE TEE GASKETT) X FP ]/4'WNUUM DEPTHWASHED GRAVEL _ `_ "� _-� 2' PVC ORN. BETWEEN JOWS 4 TYP. REMOTE CONTROL VALVE INSTALLATION SCALE: NTS r R. nc we m.m JaAn >v cou�aT , N.R >r uNaAu eorH a >,.• Nrva w.0 waTNxnK n4wc 3 TYP. DRIP VALVE SCALE: NTS k,WDf1D 4• . FRONDED Y CANTflAC10R �pL�VOW BBYNCONTNTTRRAACCTTpORC�N[� 3AAFIE'ND 18'C. M6OEL 6BGZ23182630SP °ROC1"IDrBBB11 WWET LOLO ATOS —ABOVE ftSE _(4) 3/6' REDHEAD DROM AND" BOLTS P4RRpOVIOES�D66-�BY Cp STRA/A�@@CT�[OpQR�Rt S�NpLE _ IF i_y� i. I(' 31d AR DOUBLE IRSURVCTOR '" •Y: •`: 1' UL m SWEEP PROV10ED BY CONTRACTOR `4 R . W/ 24' . 24' . 16• FOOTWD AS NEEDED WIM SKIRT 65000 BYWNTM�C OR PRONGED BT NNTRACTOR CONTROLLER/ENCLOSURE INSTALLATION SCALE: NTS IRRIGATION DETAILS Jxxo. . Nma�va>oow M®r N0 10 ELL TEE s 2�- 4& 1. SUPPLY LINES 3-INCHES IN DIAMETER AND LARGER SHALL RECDA CONCRETE THRUST 2. SEE SPECIFICATIONS FOR AMOUNT OF CONCRETE TO BE USED FOR THMT BLOCIC yTYP. THRUST BLOCK MIN. CLENWICE �— rPANNG r—DITCH SLEEVES NOTES: 1. ALL PVC IRRCATION SLEEVES TO BE CLASS 200 PIPE. 2. ALL JOINTS TO BE SOLVENT WELDED AND WATERTIGHT. S. WHERE THERE 5 MORE THAN ONE SLEEVL EXTEND THE SMALLER SLEEVE TO 24-INCHES MWNMUM ABOVE FINISH GRADE. A. MECHANICALLY TAMP TO 951 PROCTOR. 4 TYP. SLEEVE INSTALLATION SCALE: Mlf4 FINISH GRADE RUBBER COVER MODEL 1-20 GEARED ROTOR (MODEL �': 1-20-06-SS) (KBI MODEL TSA-750-TT) PVC TEE OR ELL t�CTI1N Vu MANINE. LATERAL, IANUNE LATE RK WIRING IN AND WRONG IN PIPE PIPE CONDUIT THE SAME TRENCH r T , ul. PLAN VIEW WIRE WIG CONDUIT RUN WWRNCq ALL SOLVENT WELD OE A 24-INCH LOOP IN AND BESIDE MAINLINE PLASTIC PIING TO ALL WIRAG AT [LANCES TAPE AND BUNDLE AT Be SNAKED IN DF DIRECTION CF w 10-FOOT INTERVALS. TRENCH AS SHOWN. DR GREATER. UNTIE AFTER ALL CONNECTIONS NOTES: HAVE BEEN MADE. 1. SLEEVE BELOW ALL NAROSCAPE ELEMENTS WITH CUSS 200 PVC TWICE THE OWETER OF THE PIPE OR WIRE 814101E WITHIN. 2. FOR PIPE AND WIRE BLIRLAL DEPTHS SEE SPECIFICATIONS. 3 TYP. TRENCHING SCALE NTS IE/LOP OF MULCH D PVC CAP WITH COVER, 2 DRIP STUB INSTALLATION SCALE: NTS FINISH GRADE — RUBBER COVER MODEL 1-25 SIERRA GEARED ROTOR (MODEL /: 1-25-06-SS) 1. SCH 80 SWING JOINT (KBI MODEL TSA-MOOD-TT)—\ PVC TEE OR ELL PVC LATERAL LINE PVC LATERAL LINE TYP. ROTOR HEAD INSTALLATION SCALE: NTS IRRIGATION DETAILS .new. omLanTDDDo NIIIRf w. 11 U HOEL PARK ELECTRICAL PLAN 89th STREET 90th STREET NOTES cw+rvEaE qwr 'i o.L, � .nw oP esuurq Er — — — � � � uNNar cLNrrPEUNe �XlSHEET it seeFgKOEnxcu. wsr.P.r� PxWxw avornev�l ar �� � PROP00LNWNlI FIlW.ipN MGKOF'Cu4B roPd CONCPF'rE r w toP oroN.w 0 0 FAW WWs kiew. Call 6elue yen dig t4 17 u EL: ELECTRICAL qa uJ.; ousP.v E.mq SNEFfrq. 12 NOTES LEGEND _ GGMi PAe. � PCIx+n tleouww E a --- GEN1lA t1K _—I;WSHEET # sm�ow[+.x.uuwn exst.wJr� E.VEtuA:.lot euYJaiGx � � lderoRV!letELLVln]n IMTCHUNE. ! !MEET 12 _ _ _ MATC LINE • REF. 1J$H T 12 -f "IINE \RE . (SHEET 12 as p — 1 �...1_--- •w.wwcrAxwx wx �r rna Gx.WJara wnworcWm t eJw'G1WH W1%EB E.tgl 1 ' Tnn / 1 •tt \ O �/ �I I _._..1 0 U Know wbaCs below. O; Call belore You d19. ,1 J 1, rviuM uaewtx f /X umJwnwxacx irn+ / / J or eua \ j C�'L � �' Jiueuoxsoxnvn r � 31 f \ \\\\ � Jwan1 Irn+ �•�` �,.. ru we us�awi�nn�nis wa �k i � ` O sorssirn AJ /. ioKei corwurs axnu lNYE �vWaWut tlrAGWOM tmCYwtwux y���V'l CGti \ O �., Gr e.tls Eaal vAaE wJWm+rPE. �.I ue f 5wl�.i[OldPxrWEtlSEW51MlNmt4YeW l gl\{N4fjjl�p .iic co cur enut �viiram�vu�. cao+wMrEtw¢xwwrx oJ�V� O%' wua,TaxcontwcTae. 9/ a a wl�EWres sxaEeE uw.ru+roxw rtnawexsptlniwrx F \ p �/r/^_�� sl _n,x lULECixKAE'RYtlEWgMtlpJnW.t Op llegr,RY _ \..,........ / \F� a , m � HOEL PARK ELECTRICAL PLAN NOEL: ELECTRICAL Joe w. nn,tlnzJe:.woao GNECf tJe. 13