HomeMy WebLinkAboutResolution - 4894 - Contract - Vibra-Whirl & Company - Tennis Court Renovation, Washington Park - 07_13_1995Resolution No. 4894
July 13, 1995
Item #31
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract and all related documents by and
between the City of Lubbock and Vibra-Whirl & Company, of Panhandle, Texas to furnish and
install all services and materials as bid for the Tennis Court Renovation at Washington Park,
which contract is attached hereto, which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this
ATTEST:
Betty AJohnson,Ucity Secretary
APPROVED AS TO CONTENT:
Victor Kilman, urchasing Manager
APPROVED AS TO FORM:
Donald G. Vandiver, First
Assistant City Attorney
AplccdocsWibrases
June 30, 1995
CITY OF LUBBOCK
SPECIFICATIONS FOR
TENNIS COURT RENOVATION AT
WASHINGTON PARK
BID #13291
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CITY OF LUBBOCK
I
Lubbock, Texas I I I
JUN 1 4 1995
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
r" 606-767-2167
MAILED TO VENDOR
CLOSE DATE:
NEW CLOSE DATE:
Office of
Purchasing
June 8,1995
June 15,1995, @ 3:00 P.NL
June 21,1.995 @ 3:00 P.M.
BID #13291 — TENNIS COURT RENOVATION AT WASHINGTON PARK
ADDENDUM # 1
The following items take precedence over drawings and specifications for the above named project
Where any item called for in the bid documents is supplemented here, the original requirements, not
affected by the addendum, shall remain in effect
1. Please submit your bid on the enclosed revised BID SUBMTI'1CAL form noting the
addiuon of ALTERNATE No.. Alternate No. I consists of tennis court renovation
using post -tension concrete slab, as specified in this addendum.
2. In the specifications, Section 4, 2.2, add the following:
D. Post -Tensioning
Post -Tensioning material shall consist of one-half (1/2") inch diameter, seven
wire stress relieved strands, conforming to ASTM A-416 with an ultimate
�., strength of 270 KSI. Strands shall be coated with a permanent rust
preventative lubricant and wrapped with plastic sheathing. If strand sheathing
is damaged or removed, it is to be repaued by taping• Exposed strands should
be concealed at the anchor. Each anchorage deuce will conform to PTI
specifications. All dead end anchorages must be power sealed.
New post tension cables shall be placed on forty-eight (48") inch centers in
both the length and width directions.
All strands are to be securely supported on chairs and tied at all intersections or
securely supported in b7co
to prevent vertical and horizontal movement
during concrete.placemConcrete must be well consolidated, m
the vicinity of strand aages. Strands rf oae-half (�1R` i*tch �ameter
shall be anchored at 28PS, but maybe initially at 22 KIPS. A
nine (9) inch diameter centered on the strand axis by a thirty-six (36") inch
E length shall beallowed for stressing equipment clearance.
3. In the specifications, Section 4, 2.3, C, 3 add the following:
d. For post -tension concrete use crushed rock processed from natural rock or
9 stone.
.. 4. In the specifications Section 4, 3.3, D, add the following:
S. For post -tension concrete slab use a non -extruding expansion joint measuring
three fourths (3/4-) inch wide shall be installed vertically around all basketball
goal cut-outs. Courts shall be poured monolithically. The bottom edge of
expansion joints shall extend to the bottom of slab; top edge shall be held
r seven-oighths (7/8") inch below the surface of the slab by a tack strip of
plywood with its top flush with the finished slab surface. Concrete edges at
joints shall be tooled with an edging tool having a radius of one-fourth (1/4")
..
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inch. After concrete has cured: tack strips shall be removed and the joints
scaled with an clastomeric sealing compound.
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5. On the plans, add the attached drawings.
6. Please chanee the bid closing date from
r JUNE 15,1995 (a) 3:00 P.M. to
JUNE 21,1995 Q 3:00 P.M.
7 All requests for additional information or classification concerning this bid must be submitted in writing
and directed to Laura Ritchie, Buyer.
THANK YOU,
LALIRA RITCHIE
BUYER
PLEASE RETURN ONE COPY WITH YOUR BID
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Office of
7 City of Lubbock Purchasing
P.O. Box 2000
Lubbock, Texas 79457
�. 606-767-2167
MAILED TO VENDOR June 12,1995
CLOSE DATE: June 21,1995 @ 3:00 P.hL
BID #13291- TENNIS COURT RENOVATION AT WASHINGTON PARK
ADDENDUM #2
The following items take precedence over Addendum # 1 details for the above named project Where any
item called for in the bid documents is supplemented here, the original requirement not affected by the
addendum shall remain in effect.
1. Stated in addendum # 1, on the Center Strap Anchor detail delete:
"318" eye -bolt set in 6"post-tension
"
and add
"318" eye -bolt set in 4" post -tension."
2. Stated in addendum #1, on the Center Strap Anchor detail delete:
"7 strand cable as per specifications 18" O.C. "
and add
"7 strand cable as per specifications 48' O.C."
3. Stated in addendum # 1 on the Concrete Slab Key Point detail delete:
"7 strand cable 18" O.0 both directions"
and add
"7 strand cable 48" O.C. both directions."
All requests for additional information or classification concerning this bid must be submitted in writing
and directed to Laura Ritchie, Buyer.
PLEASE RETURN ONE COPY WrM YOUR BID
F
THANK YOU,
LAURA RITCHIE
BUYER
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CITY OF LUBBOCK
REQUEST FOR BIDS
FOR
TITLE: TENNIS COURT RENOVATION AT WASHINGTON PARK
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 13291
PROJECT NUMBER: 9109.9246
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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4.
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8.
9.
10.
11.
FEW
NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
CURRENT WAGE DETERMINATIONS
SPECIFICATIONS
SPECIAL CONDITION
NOTICE TO BIDDERS
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NOTICE TO BIDDERS
BID #13291
Sealed bids addressed to Laura Ritchie , Buyer, City of Lubbock, Texas, will be received at the office of the Purchasing
Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 3:00 o'clock a.m. on the 15th day of June,
1995 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:
"TENNIS COURT RENOVATION AT WASHINGTON PARK"
After the expiration of the time and date above first written, said sealed bids will be opened by the Buyer at his office and
publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid is actually in the office of Purchasing Manager for the City of
Lubbock, prior to the expiration of the date above first written.
The City of Lubbock will consider the bids on the 13th day of July,1995, at the Municipal Building, 1625 13th Street,
Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any
formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article
5160, Vernon's Ann. Civil St., in the amount of 1001/a of the total contract price in the event that said contract price exceeds
$25,000.00. Said statutory bonds should be issued by a company tarrying a current Best Ratin of P or yvcrior. as the rating of the
bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not
exceed $25,000.00 the said statutory bonds will not be required.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check
issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the
order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will
enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions
under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and
considered in the preparation of the bid submitted.
The plans, specifications, bid forms and contract documents may be examined at the office of the Purchasing Manager for
the City of Lubbock, Lubbock, Texas.
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Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the
contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to
in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the
requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
1 heretofore established by owner in said wage scale.
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The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement,
r-" minority and women business enterprises will be afforded equal opportunities to submit bids in response to this imitation and will
not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award.
POW. There will be a pre -bid conference on 7th day of June,1995, at 9:00 o'clock a.m., in the Purchasing Conference Room
L-04, Lubbock, Texas.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid
r" openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible
format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.)
or 1625 13th Street Room L-04 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
LAURA RITCHIE
BUYER
7
ADVERTISEMENT FOR BIDS
BID # 13291
Sealed bids addressed to Laura Ritchie, Buyer, Purchasing Department, City of Lubbock, Texas, will be received at the
Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 3:00 o'clock p.m. on the
15th day of June,1995, 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:
"TENNIS COURT RENOVATION AT WASHINGTON PARK"
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Buyer and
r publicly read aloud.
The plans, specifications, bid forms and contract documents may be examined at the office of the Purchasing Manager for
the City of Lubbock, Texas.
Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the
contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further
directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage
scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement,
G minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award.
There will be a prebid conference on the 7th day of June,1995, at 9:00 am. in the Purchasing Conference Room L-04,
Lubbock, Texas.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid
openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible
format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday Friday, 8:00 - 5:00 p.m.)
or 1625 13th Street, Room L-04 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
LAURA RITCIM
BUYER
GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The contractor shall famish all labor, superintendence, machinery, equipment and all materials necessary to complete this
project in accordance with contract documents for the TENNIS COURT RENOVATION AT WASHINGTON PARK,
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction
of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the
contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of
forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders.
4. T1ME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 30 (THIRTY) consecutive calendar
days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City
reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract
documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the
progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take
such action as the City deems necessary to insure completion of the project within the time specified.
5. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract
documents.
6. 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-
7 7. MATERIALS AND WORKMANSHIP
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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 prevision. 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.
F
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GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials
and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which
shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature
whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work
as a result of defective materials or workmanship, at no cost to the Omer (City of Lubbock).
9. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his use during
construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The
Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for
proper prosecution of the work contemplated by the Contractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation,and protection of all materials, supplies,
machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the
work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its
certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract
has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended
contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04
of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be
incorporated into the work without paying the tax at the time of purchase.
12. 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 night 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.
13. 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.
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' 14. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City.
In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for
all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are
authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall
¢^ further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of
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construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all rases 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.
15. 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.
16. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General
Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory
to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will
be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the
insurer waiving the right to subrogation.
The insurance certificates furnished shall name the City as an additional insured and shall further state that all
subcontractors are named as additional insureds, 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.
17. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these
contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of
general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the
�" requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above
mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem
wages in these contract documents does not release the Contractor from compliance with any wage law that may be
,._ applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays
unless the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its
citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the
penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract
within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the
Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and
obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow
construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative.
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.
18. 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 eashable without discount, not less often than
once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the
seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible
copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each
day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates
or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The
Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate
of per diem wages, which schedule is included in the contract documents.
The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each
laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is
paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per
diem wages included in these contract documents.
19. PROVISIONS CONCERNING ESCALATOR CLAUSES
Bids subntted 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.
20. PREPARATION FOR BID
The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and
the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the
materials required Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy
between the price written in words and the price written in figures, the price written in words shall govern. If the bid is
submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm,
association, or partnership, the name and address of each member must be given and the bid signed by a member of the
firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the
company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent.
Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted
with the bid. The bid shall be executed in ink.
Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside
of the envelope in the following manner:
(a) Bidder's name
(b) Bid for (description of the project).
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Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may
be withdrawn or altered thereafter.
21. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Submittal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
0) 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.
a
Polk
a.
BID SUBMITTAL
LUMP SUM BID CONTRACT
PLACE: Lubbock, Texas
rR DATE: 6/21/95
PROJECT NUMBER: 13291- TENNIS COURT RENOVATION AT WASHINGTON PARK
Bid of Vibra—Whirl and Company (hereinafter plied
Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a Tennis Court
Renovation at Washington Park
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
constriction of the intended project including the availability of materials and labor, hereby intends to furnish all
labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract
documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred
in performing the work required under the contract documents.
MATERIALS:Fifteen Thousand, Six Hundred Ninety—Siv R Nn/100
1!0* Dollars
SERVICES: Six Thousand. Seven Hundred Twenty-SQmn-&-rvo/100
Dollars
(sl5,696.00 )
(s 6,727.00 )
TOTAL BASE BID: Twenty -Two Thousand, Four Hundred Twenty Three ($22,423.00 )
and No/100 Dollars
ALTERNATE NO. 1: TENNIS COURT RENOVATION USING POST -TENSION CONCRETE SLAB
MA'IERIALSF7 f teen Tholl.^gmd . Si X Th radr- Sri N4 naty-S % hni# Ago/100
Dollars 69727.00
SERVICES:Six Thousand, Sven Htm<lre� 'itaPr►�,-�'OZ7t�T R. N ^/100 (s )
TOTAL ALTERNATE NO. IBM: Twenty -Two Thousand, Four Hm llred (S22,423.00 )
Twenty -Three and N9/100 Dollars
(Amount shall be shown in both words and figures. In case of discrepancy, a amount shown in words shall
govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to fully complete the project within 30 (THIRTY) consecutive
PM,
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calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further
PM agrees to pay to Owner as liquidated damages the sum of $,100 (ONE HUNDRED DOLLARS) for each
consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more.fiilly
set forth in the general conditions of the contract documents.
'" Bidder understands and agrees that this bid submittal shall be completed and submitted in acxordancc
with instruction number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in
the bidding.
r The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30)
calendar days after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully
examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he
further agrees to commence work on or before the date specified in the written notice to proceed, and to
substantially complete the work on which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's
check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety
company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%
) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all
necessary bonds (if required) within 10 days after notice of award of the contract to him.
Enclosed with this bid is a Cashier's Check or Certified Check for
Dollars (S ) or a Bid Bond in the sum of
Five peecf-qr Dollars (S i5%) ), which it is agreed shall be collected and
retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned
i fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10)
days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be
returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all
contract documents made available to him for his inspection in accordance with the Notice to Bidders.
retractor
Jtu-ie- HlLi--ra-
(Printed or Typed Name)
BY: V167=& - W N 1 Mg.- Maur, Como Vey
Company
�,w�untE�Tx 7gMS-0966
Address
(Seal if Bidder is a Corporation)
r ATTEST:
secretary
F-
rol
3
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LIST OF SUBCONTRACTORS
Minority Owned
Yes No
1. �trzrNvtbon %1��.tSTclruCitdwl - LEYf.tLntt7, lX
2.
3.
4.
S.
6.
7.
9.
10.1
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CNA INSURANCE COMPANIES
BID BOND
KNOW ALL MEN BY THESE PRESENTS: That we VIBRA-WHIRL AIM COMPANY
, Principal,
and NATIONAL FIRE INSURANCE COMPANY OF HARTFORD Surety, are held and firmly bound unto
CITY OF LUBBOCK , Obligee,
In the sum of
FIVE PERCENT OF THE GREATEST AMOUNT BID---------------- Dollars ($----5%------- )
for the payment of which we bind ourselves, our legal representatives, successors and assigns,
Jointly and severally, firmly by these presents.
for
WHEREAS, Principal has submitted or Is about to submit a proposal to Obligee on a contract
TENNIS COURT RENOVATION AT WASHINGTON PARK
BID #13291
NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within
such time as may be specified, enter Into the contract In writing and give such bond or bonds as
may be specified in the bidding or contract documents with surety acceptable to Obligee; or if
Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of
such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to
remain in full force and effect.
Signed, sealed and dated
JUNE 15, 1995
r" G•23054-C
VIBRA-WHIRL AND COMPANY
(Principal)
by (Seal)
NATIONAL FIRE INSURANCE COMPANY OF HARTFC
(Su Y)
by
MARLA 11ILL Attorney -in -Fact
CHA
F
For All the Commitments You Make'
F
PAYMENT BOND
BOND CHECK %�
BEST RATEfVG Aol
LICENSE T AS -
DATE
er
F
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I
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION,
1959
KNOW ALL MEN BY THESE PRESENTS, that
Principal(s), and
(hereinafter called the Principal(s), as
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in
the amount of Dollars ($ ) lawful money of the United States for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
r jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the
19 , to
day of
and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the
amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all
{ claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then,
this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes
of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, 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
19
Surety
*By:
(Title)
Principal
By:
(Title)
By:
(Title)
By:
(Title)
day of
r
C
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
an agent resident in Lubbock County to whom arty requisite notices may be delivered and on whom service
i of process may be had in matters arising out of such suretyship.
Surety
* By:
(Title)
�1e Approved as to form:
City of Lubbock
f By:
City Attorney
* Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this
person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files.
r-
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PERFORMANCE BOND
BOND CHECK
BEST RATING Al
LICENSE P IN TEXAS
DATE�`�"`' BY
7
9
i
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
,., AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
r-
(hereinafter called the S inurety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereafter called the Obligee), in
the amount of Dollars (S_ ) 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, date the _ day of
19_, to
r
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
r- length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully
perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise
r to remain in full force and effect.
v
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes
of Texas as amended by Acts of the 56th Legislature, regular session 1959, 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.
r.. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this _ day of
19
Surety
* By.
(Title)
Principal
By:
(Title)
By:
(Title)
By:
(Title)
7
I
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The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of
process may be had in matters arising out of such suretyship.
Surety
*By:
(Title)
Approved as to Form
City of Lubbock
By:
City Attorney
• Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this
person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files.
CERTIFICATE OF INSURANCE
7
-11
CERTIFICATE OF INSURANCE ISSUE DATE (MM/DDfYY)
7/24/95
r, PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
The InWest Group„ Inc. POLICIES BELOW.
110 N. Mar'ienfeld a Ste 330 7 Midland, Texas 79701 COMPANIES AFFORDING COVERAGE
COMPANY
LETTER A Crum $. Forster Commercial Ins.
1 LETTERNY B
INSURED North River Insurance
COMPANY C
VIBRA-WHIRL-lTRL AND COMPANY LETTER St. Raul Surplus. (Swett)
P. 0. Box 966 COMPANY
` Panhandle TX 79068 LETTER D Texas WC Insurance Fund
COMPANY E
LETTER Great American Lloyd's (Swett)
-COVERAGES
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. i
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
' TR DATE (MMIDDNY) DATE (MMIDDNY)
i
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR.
X OWNER'S 6 CONTRACTOR'S PROT.
X OCP in the name
City of Lubbock
AUTOMOBILE LIABILITY
X ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON -OWNED AUTOS
GARAGE LIABILITY
of
GENERAL AGGREGATE S
PROCUCTS-COMP/OP AGG. S
PERSONAL 3 ADV. INJURY ;
EACH OCCURRENCE ;
FIRE DAMAGE (Any one fire) S
MED. EXPENSE (Any one person) ;
COM13INED SINGLE
LIMIT
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
500
1000000
a
;
EXCESS LIABILITY
OUL020960
6/15/95 6/15/96
EACH OCCURRENCE
; 1000000
X UMBRELLA FORM
AGGREGATE
; 1000000
OTHER THAN UMBRELLA FORM
TSF12071001
3/4/95 3/4 96
STATUTORY LIMITS
j
WORKER'S COMPENSATION
EACH ACCIDENT
; 500000
j AND
DISEASE —POLICY LIMIT
; 500000 i
EMPLOYERS' LIABILITY
C-
DISEASE —EACH EMPLOYEE
5 500000
OTHER
TIM87176139
5/95 . / 6
I
Installation
$50,000
Floater
1
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL ITEMS
P,Certificate Holder
is Addl Insd on auto
liability
aid ##13291 - Tennis
l
court renovation at
Washington Party;
- i$22,423
r
CERTIFICATE HOLDER
CITY OF LUBBOCK
PO Box 2.000
Lubbock, TX 79457
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
I
ACORD 25-S (7/90) CACORD CORPORATION 1990
2-
PON
CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
7/24/95
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
The InWest Group, Inc. POLICIES BELOW. !
110 N. Marienfeld, Ste 330 COMPANIES AFFORDING COVERAGE
Midland., Texas 79701
COMPANY
LETTER A US Fire Insurance
FINSURED
COMPANY LETTER B North River Insurance j
C+ LETTER
7 VIBRA-WHIRL AND COMPANY COMPANY St. Paul Surplus (Swett)
F . O ■ Box 966 COMPANY D
Panhandle TX 79068 LETTER Texas WC Insurance Fund
COMPANY E
LETTER
,COVERAGES
� I4 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.
100 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
r„(.TR DATE (MM/DD/YY) DATE (MMIDD/VY)
{ GENERAL LIABILITY J 3— . GENERAL AGGREGATE i 2000000
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG. E 1000000
CLAIMS MADEX OCCUR. PERSONAL d ADV. INJURY a 1000000 f
j OWNER'S d CONTRACTOR'S PROT. EACH OCCURRENCE a 1000000
FIRE DAMAGE (Any one fire) S 50000
MED. EXPENSE (Any one person) S 5000
AUTOMOBILE LIABILITY
X ANY AUTO
COMBINED SINGLE $
LIMIT 1000000
{ ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS
(Per p
person)
s ,
!
X HIRED AUTOS
BODILY INJURY
s
iX NON -OWNED AUTOS
(Per accident)
` GARAGE LIABILITY
PROPERTY DAMAGE
$
EXCESS LIABILITY t
EACH OCCURRENCE
i 1000000
X UMBRELLA FORM
AGGREGATE
$ 1000000
OTHER THAN UMBRELLA FORM
zs .. J STATUTORY LIMITS
WORKER'S COMPENSATION
EACH ACCIDENT
$ SOOOOO
AND
DISEASE —POLICY LIMIT
$ JOOOOO
EMPLOYERS' LIABILITY
DISEASE —EACH EMPLOYEE
S 500000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
I
4
II
I
I
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE
MAILi'� .. ,DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
CITY OF LUBBOCKLEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
Lubbock, TX 79457
P.O. BOX 2000 000 LIABILITY OF ANY KIND UPON THE CEMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPR AT11E_ I i .A
ACORD 25-S (7/90) CACORD CORPORATION 1990
c.—
07/21/95 13:18 FAX 806 794 4862 HOWARD COWAN ENT -►44 INWEST Z 002/017
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CERI'MCATE OF TNSURANCE
TO: CrrY OF LUBBOCK DATE: 7 /21 / 95
P.O. Box 2000 Type of CC
Lubbock' Texas 79457 Project. afgashingjonRpao ation
THIS IS TO CERTIFY THATVibra Whirl & Co. (Name and Address of Insured) is, at the date of this cntificatt, insured by
this Company with respect to the business operations hereinafter desmbad, for the types of inm ante and in accords= with the
provisions of the standard policies used by this Company, the further hereinafter descn'bcd Exceptions to standard policy noted
hereon -
TYPE OF INSURANCE
Policy No. Effective Expires Limits of Liability
WorSanen's TSF12071001 3/4/95 3/4/96 $500,000
CompensationTexas WC Insurance Fund
r
Owner'sProtec- TBD 7/20/95 7/20/96
Pggreg.
S
500,000
tiveorContinZaited States Fire Ins. Co.
Per Occurrence
S 500,000
gent LiabUity
S
Contractor's
Per Person
S
W
Protective or
Per Oc =rcnce
S
Contingtnt
Property Damage
S
7
Liability
133612267-5 6/15/95 6/15/96
Pam
S
1,000,000CS1.
Automobile North River Ins. Co.
�
S
perty Damage
Comprehensive 543065093-1 6/15/95 6/15/96
for
Cents! �itit, U.S. Fire Ins. Company
S
a elow
�mi s
UmbrdIaLiability OUL020960 6/15/95 6/15/96
S
11000,000
Si. Paul Surplus Lines
i
The foregoing Policies ((do (do not) covem ill Subcontractors.
Locations Covered
Texas
DESCRIPTION of Operations Covered
Bid #132911Tennis Court Renvoation at Washington Park
The above polities tithes in the body thereof or by appropriate endom== provide that they may not be changed or canccJed by the
insurer in less tb= the legal time required after the iasurod has received written mike of such change or can cenatioa, or in case
there is no legal mequiremerit, in less than five days in advance ofc=zlla„on_
j
ME COPIES;OF MIS CERTIFICATE
MUST BE SENT TO THE OWNER
General Aggregate 2,000,000
*" Products-ComplOps Aggregate 1, 000 ,, 000
L : Personal & Advertising Injury 1,000,000
00,000 I
Each Occurrence 1,050 , 000
'" Fire Damage (Any One Fire)
L Medical Expense (Arty One Person), 000 j
V.
[IZF-kkWj
/r_F MZAW /.
CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based on proper
reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to
beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during
the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity
will have on file certificates of coverage showing coverage for all persons providing services on the
project: and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current certificate of coverage ends during the duration of
the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter,
(6) notify the governmental entity in writing by certified mail or personal delivery, within 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:
7
�. REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must (see reverse) be
I covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or
i -- providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an
employee."
"Call the Texas Workers' Compensation Commission at 512/440- 3789 to receive information on the legal requirement for
coverage, to verify whether your employer has provided the required coverage, or to report an employee'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 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
(Ei) contractually require each other person with whom it contracts, to- perform as required by paragraphs (A) -
", with the certificate of coverage to be provided to the person for whom they are providing services. ❑
7
No Text
r
e.
CONTRACT
7 STATE OF TEXAS
COUNTY OF LUBBOCK
r THIS AGREEMENT, made and entered into this 13th day of July 1995, by and between the City of Lubbock, County of
P Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and VIBRA-WHIRL AND COMPANY of the City of Panhandle, County of Carson., and the State of TEXAS,
hereinafter termed CONTRACTOR
7
WITNESSETIi: That for and inconsideration of the payments and agreements hereinafter mentioned, to be made and performed
by the OWNER and under the conditions expressed m the bond bearing even date herewith (if any) the CONTRACTOR hereby
7 agrees with OWNER to commence and complete the construction of certain improvements described as follows:
BID N 13291- TENNIS COURT RENOVATION AT WASHINGTON PARK - $22,423.00
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories
and services necessary to complete the said construction in accordance with the contract documents as defined in the General
Condition of Agreement.
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 fiords 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(ecuted this a nt in Lubbock, Lubbock County, Texas in the
year and day first above written.
YOR
CONTRACTOR:
By: Qr.%
PRINTED NAME: JA cle- M1 t1-C 2
TITLE: V)C6 AR6S10Glar
COMPLETE ADDRESS:
Vibra-Whirl and Company
P.O. Box 966
Panhandle, Texas 79069
r
11
GENERAL CONDMONS OF THE AGREEMENT
I
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be
understood as referring to the City of Lubbock, Texas.
F2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood
to mean the person, persons, co -partnership or corporation, to -wit: yIBRA-WRiRL AND COMPANYwho has agreed to
perform the work embraced in this contract, or to his or their legal representative.
k 3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to
City of Lubbock, under whose supervision these contract documents, including JOHN WEBB, PARK DEVELOPMENT
r' SUPERVISOR plans and specifications, were prepared, and who will inspect constructions; or to such other
representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement.
Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not
directly supervise the Contractor or men acting in behalf of the Contractor.
t 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 Certificate, and all other documents made available to Bidder for his inspection in
accordance with the Notice to Bidders.
S. INTERPRETATION OF PHRASES
r 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
rr import shall mean approved by or acceptable or satisfactory to the Owner's Representative.
;��i13•Za�+�Ls '�
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any
Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents,
but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor.
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm
or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address
known to him who gives the notice.
8. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the
execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be
new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory
evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known,
technical or trade meaning shall be held to refer such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been
made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor
miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this
work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout
of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not
relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he
shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and
to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to
make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for
the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His
efforts will be directed towards providing assurances for the Owner that the completed project will conform to the
requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in
accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor.
13. LINES AND GRADES
All lines and grades shall be fumished by the Owner's Representative whenever necessary for the commencement of the
work contemplated by these contract documents or the completion of the work contemplated by these contract documents.
Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this
requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation
therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades
will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or
removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's
Representative at Contractor's expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative
shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to
insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further
r agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work
which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction
thereof, and shall, in all uses, decide every question which may arise relative to the execution of this contract on the part of
said Contractor. The Owner's Representatives' estimates and findings shall be conditions precedent to the right of the
i parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under
this contract; provided, however, that should Owner's Representative render any decision or give any direction, which in the
opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with
} said Owner's Representative within 30 days his written objection to the decision or direction so rendered, and by such action
may reserve the right to submit the questions so raised to arbitration as hereinafter provided It is the intent of this
Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direction of the Owner's
r" Representative as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted to
arbitration as hereinafter provided.
15.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a
written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work
or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision
within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party
appealing.
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 six (6) days make written appeal to the Owner's Representative for his
decision.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the
p work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's
Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be
binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor
l is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations
of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all
risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of his agents or employees, or any other persons performing any of the work
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of
the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of
equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions,
and all other matters which in any way effect the work under this contract No verbal agreement or conversation with any
officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of
the terms or obligations herein contained.
is. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required
under this contract, to do the work, and agrees that whenever the Owner's Representative shall inform him in writing that
any man or men on the work, are, in his opinion, inoompetent, unfaithful, or disorderly, such man or men shall be
discharged from the work and shall not again be employed on the work without the Owner's Representative's written
consent
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and
completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also
understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials,
tools, equipment or machinery or any part of the work until it is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's
Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be
maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be
constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's
Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location
wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be
contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be
ready for such observation Owner or Owner's Representative may reject any work found to be defective or not in
accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such
errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any
work should be covered without approval or consent of the Owner, 'it must, if requested by Owner or Owner's
Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being
fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make
observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require
Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons
competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such
tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other
applicable organization as may be required by law or the contract documents.
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If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the
r Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for
' observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by
the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests,
inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the
requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the
Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's
Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve
the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or
selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with
plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's
Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full
accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at
Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line,
grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the
beginning of the construction,,without affecting the validity of this contract and the accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for
damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the
increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity
actually done and at the unit price established for such work under this contract; otherwise such additional work shall be
paid for as provided under Extra Work. In case the Owner shall make such changes or all as shall make useless any
work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for
any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
! 24. EXTRA WORK
r, The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the
Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work
as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided
under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when
presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor
to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to
the Contractor for performing said extra work shall be determined by the following methods:
Method (A) - By agreed unit prices; or
Method (13) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then
the Contractor shall be paid the actual field cost of the work, plus fifteen (1 S%) per cent.
In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply
and the "actual field cost* is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics
and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used
on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on
account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property
Damage and Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by the
Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of
the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The
Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type
and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless
otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless
otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General
Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be
incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall
cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements
of cost and expense not embraced within the actual, field cost as herein defined, save that where the Contractor's Camp or
Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any
orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an
adjustment in the construction time, he shall make written request to the Owner's Representative for a written order
authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to
the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the
work after making written request for written order and shall keep adequate and accurate account of the actual field cost
thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to
arbitration as herein below provided.
25. DISCREPANCIES AND ONUSSIONS
It is further agreed that it is the intent of this contract that all work descnbed in the bid, the specifications, plans and other
contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances
necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's
Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents,
he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is
received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully
understands the work to be included and has provided sufficient sums in his bid to complete the work in accordance with
these plans and specifications. It is further understood that any request for clarification must be submitted no later than five
days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work
with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in
writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor
shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of
compliance with the schedule of progress.
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27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance
company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation
laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and
t others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building
and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the
"Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible
with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend,
indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any
character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons
r.. or property, on account of any negligent act or fault of the Contractor or arty subcontractor, their agents or employees, in the
execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the
failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to
pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including
t" attorncy's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent
•' Contractor, inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the
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Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the
Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the
Contractor or any of his subcontractors.
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29. CONTRACTOR'S INSURANCE
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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 prior to
contract execution.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $500.000 Combined Single
Limit in the aggregate and per occurrence to include:
rPremises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
r", Products & Completed Operations Hazard
Contractual Liability
r Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
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B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
For bodily injuries, including accidental death and or property damage, $500,000 Combined Single Limit. This
policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $500.000 Combined Single Limit,
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned
Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the
endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of 100% of the total contract price (100% of
potential loss) naming the City of Lubbock as insured.
E. Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of S 1000 000 on all contracts with coverage
to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages.
F. Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,000,
1. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -
insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-
84), showing statutory workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project. —
Duration of the project - includes the time from the beginning of the work on the project until the
contractor's/person's work on the project has been completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in D406.096) - includes all persons or entities
performing all or part of the services the contractor has undertaken to perform on the project, regardless of
whether that person contracted directly with the contractor and regardless of whether that person has
employees. This includes, without limitation, independent contractors, subcontractors, leasing companies,
motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes
persons to provide services on the project. "Services" include, without limitation, providing, hauling, or —
delivering equipment or materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets. _
2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of arty coverage agreements, which meets the statutory requirements of Texas Labor
Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the
duration of the project.
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3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded
the contract.
4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of
the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage
with the governmental entity showing that coverage has been extended.
S. The contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(b) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project.
6 The contractor shall retain all required certificates of coverage for the duration of the project and for one
year thereafter.
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.
S. 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 cedes 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;
1 (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
y,. 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
r" 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
r (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,
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(f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days
after the person knew or should have known, of any change that materially affects the provision
of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by paragraphs
(1) - (7), with the certificates of coverage to be provided to the person for whom they are
providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is
representing to the governmental entity that all employees of the contractor who will provide services on
the project will be covered by worker's compensation coverage for the duration of the project, that the
coverage will be based on proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured,
with the commission's Division of Self -Insurance Regulation. Providing false or misleading information
may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil
actions.
11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor
which entitles the governmental entity to declare the contract void if the contractor does not remedy the
breach within ten days after receipt of notice of breach from the governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for
approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of
compliance with the above insurance requirements, signed by an authorized representative of the insurance
company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date bome by such
certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such
certificate. —
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at the
address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of
the policies shown on the certificate.
(7) The certificate or certificates shall be on the form[ (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the project
based on proper reporting of classification codes and payroll amounts and filling of any coverage
agreements;.
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(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 covcmge period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the contractor's current
certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(ii) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter,
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t (f) notify, the governmental entity in writing by certified mail or personal delivery, within 10 days
after the contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project that they
are required to be covered, and stating how a person may verify current coverage and report
failure to provide coverage. This notice does not satisfy other posting requirements imposed by
the Act or other commission rules. This notice must be printed in at least 19 point normal type,
and shall be in both English and Spanish and any other language common to the worker
population. The text for the notices shall be the following text provided by the commission on
the sample notice, without any additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The low requires that each person working on this site or providing services related to this
construction project must be covered by workers' compensation insurances This includes
persons providing, hauling, or delivering equipment and materials, or providing labor or
transportation or other service related to the project, regardless of the identity of their
employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information
on the legal requirement for coverage, to verify whether your employer has provided the
required coverage, or to report an employer's failure to provide coverage. " and .
(h) contractually require each person with whom it contracts to provide services on a project, to:
(i) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the
project, for the duration of the project;
(ii) provide a certificate of coverage to the contractor prior to that person beginning work on
the project;
(iii) include in all contracts to provide services on the project the language in subsection (e)
(3) of this rule;
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(iv) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(v) , obtain from each other person with whom it contracts, and provide to the contractor-
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage showing
extension of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(vi) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(vii) notify the governmental entity in writing by certified mail or personal delivery, within
10 days after the person knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project; and
(viii) contractually require each other person with whom it contracts, to perform as required
by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for
whom they are providing services.
29. DISABLED EMPLOYEES
Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree
not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to
job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and
other terms, conditions, and privileges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS. LABORERS, MATERIALMEN, AND FURNISHERS OF
MACHINERY, EQUIPMENT AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of
subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment,
power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When
Owner so desires, the Contractor shall firrnish satisfactory evidence that all obligations of the nature hereinabove designated
have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those
designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after
demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the
unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to —
discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION .
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or
process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the
Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be —
responsible for all such loss when a particular. design, device, material or process or the product of a particular manufacturer
or manufacturers is specified or required in these contract documents by Owner, provided, however, if choice of alternate
design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless _
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from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the
Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement.
32. LAWS AND ORDINANCES
r„ The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations,
which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims
arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the
Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners'
Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work
If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without
such notice to the Owner's Representative, he shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the
same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into
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contracts, shall be controlling, and shall be considered as part of this contract to the same: effect as though embodied herein.
33. ASSIGNMENT AND SUBLETTING
�- The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of
this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in
the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this
rcontractual agreement.
t 34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and
time for completion as specified in the contract of work to be done hereunder are essentialconditions of this contract; and it
is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be
specified in the Notice to Proceed. .
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper
extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding
of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $100.00 (ONE
HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set
forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the
work
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the
work described herein is reasonable time for the completion of the same, taking into consideration the average climatic
change and conditions and usual industrial conditions prevailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and
extreme difficulty m fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is
agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for
payments or from final payment.
It is further agreed and understood between the Contractor and Owner that time is of the essence of this contram
35. T1ME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be
allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most
r' 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,
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either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work
done under this contract so that conflicts will be avoided and the construction of the various works being done for the
Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which
shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the
several parts of the work and estimated dates of completion of the several parts.
36. EXTENSION OF TIME
The Contractor agrees that he has submitted his bid in full recognition of the time required for the completion of this
project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has
considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor
will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the
Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered
in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for
an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an
extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for
an extension of time by the Contractor supported by all requested documentation shall then submit such written request to
the City Council of the City of Lubbock for their consideration. Should the Contractor disagree with the action of City
Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided.
37. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether
growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the
work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such
expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to
Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid
contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is
let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other
contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the
estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract,
they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their
bids offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be
furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this
contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the
project.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered,
which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any
damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on _
account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the
Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing
out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the
existence or character of the work.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the
Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and
stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid attached hereto, which
has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all
materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly
performing the same and the whole thereof in the manner and according to this agreement, the attached specifications,
plans, contract documents and requirements of Owner's Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either
wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at
any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate
showing the Contractor's total outstanding indebtedness in connection with the work Before final payment is made,
Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by
reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a
waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial
payment. Owner's Representative shall review said application for partial payment and the progress of the work made by
the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical
the total value of the work done by the Contractor up to and including the last day of the preceding month, said statement
shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work -
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's
Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final
payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this
agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by
Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the
Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion
of the retained percentage due Contractor.
43. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been
completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said
time, if the work be found to be completed or substantially completed in accordance with the contract documents, the
Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the
duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor.
44. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and
prepare a final statement of the value of all work performed and materials fiunished under the terms of the agreement, and
shall certify same to the Owner, who shall pay to the Contractor on or before the 31 st day after the date of certificate of
completion, the balance due Contractor under the terms of this agreement, provided he has hilly performed his contractual
obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the
Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall
relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if
any) of this contract or required in the specifications made a part of this contract.
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45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on
account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his
own expense promptly replace such condemned materials with other materials conforming to the requirements of the
contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or
replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written
notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense.
46. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for
faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work
resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner
or the Owner's Representative shall give notice of observed defects with reasonable promptness.
47. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to
such extent as may be necessary to protect himself from loss on account of.
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will
protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them.
48. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in
writing and filed witha w Owner's Representative within fifteen (15) days after the Owner's Representative has given any
directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to
such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal
from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative
and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of
the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents.
49. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from
'the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative,
when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on
the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the
Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment,
tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for
work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of
the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra
PM
Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of
such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten
(10) days after service of such notice, then the Owner may provide for completion of the work in either of the following
elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said
Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment,
tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the
Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under
and by virtue of this 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 his Surety shall pay the amount of such exoess to
the Owner, or
(b) The Owner, under sealed bids, after notice published as required bylaw, at least twice in a newspaper having a
general circulation in the County of location of the work, may let the contract for the completion of the work under
substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to
the Owner under the new contract as compared to what would have been the cost under this contract, such increase
shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to
complete any such new contract prove to be less than that which would have been the cost to complete the work
under this contract, the Contractor or his Surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of
completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized
statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and
delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the
balance due as reflected by said statement within 30 days after the date of certificate of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the
cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor
and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools,
materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to
complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner
within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the
site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written
notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be
held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect
such property. After fifteen (1 S) days from the date of said notice the Owner may sell such machinery, equipment, tools,
materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale
may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any
machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the
Contractor or his Surety, to their proper owners.
so. ABANDONMENT BY OWNER
In case the Owner shall fail to comply.Kith the terms of this contract, and should fail or refuse to comply with said terms
within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the
work, and may remove therefrom all machinery, tools, and equipment, and all materials on the, ground that have not been
included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's
r- Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value
of all work actually completed by said Contractor at the prices stated in the attached bid, the value of all partially completed
work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by
the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the
whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of
the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums
that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said
final statement as due the Contractor, under the terms of this Agreement.
51. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160,
Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds
$25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if
required, shall be submitted on forms supplied by the Owner, and executed by an appraved Surety Company authorized to
do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so
furnished
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions conflict
with any of the general conditions contained in this contract, then in such event the special conditions shall control.
53. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or
from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual
obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the
Contractor at his own cost and expense.
54. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct,
supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The
fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and
to 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.
55. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the
completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave
the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may
remove the debris and charge the cost to the Contractor.
OM= WAGE DETERMINATIONS
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Resolution #2502
January 8, 1987
Agenda Item #18
DGV:da
RESOLUTION
WHEREAS, the City Council has heretofore established the general
prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted February
23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
and purposes:
Exhibit A: Building Construction Trades
Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing
rate of per diem wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
Passed by the City Council this 8th day of January , 1987.
Ranett 8 Toy-d, City Secretary
APPROVED 4 T ONTENT:
Bi 1 P yne, D rector of Building
Services
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B.C. McMINN, MAYOR
�APPROVED AS
TO FORM: 1
Do'r(Ald G. Vandiver, First
Assistant City Attorney
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Acoustical Ceiling Installer -
Air Conditioner Installer
Air Conditioner Installer -Helper
Bricklayer
Bricklayer -Helper
Carpenter
Carpenter -Helper
Cement Finisher
Drywall Hanger
Electrician
Electrician -Helper
Equipment Operator -
Heavy
Light
Floor Installer
Glazier
Insulator, Piping/Boiler
Insulator -Helper
Iron Worker
Laborer, General
Mortar Mixer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder - Certified
Hourly Rate
$11.60
8.35
5.50
10.50
5.00
11.00
5.50
7.35
8.70
10.50
5.25
8.00
5.70
8.00
7.50
9.50
5.00
7.30
4.75
5.60
8.75
9.25
6.00
7.65
4.75
8.75
5.50
8.00
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EXHIBIT 8
Paving and Highway Construction
Prevailing Wage Rates
Craft Hourly Rate
Asphalt Heaterman
$5.25
Asphalt Shoveler
4.75
Concrete Finisher
7.35
Concrete Finisher -Helper
4.75
Electrician
10.50
Flagger
4.75
Form Setter
6.50
Form Setter -Helper
5.50
Laborer, General
4.75
Laborer, Utility
5.80
Mechanic
6.50
Mechanic -Helper
6.00
POWER EQUIPMENT OPERATORS
Asphalt Paving Machine
6.00
Bulldozer
5.25
Concrete Paving Machinist
6.50
Front End Loader
5.85
Heavy Equipment Operator
6.40
Light Equipment Operator
6.40
Motor Grade Operator
8.00
Roller
5.25
Scraper
5.25
Tractor
5.50
Truck Driver -
Light
5.25
Heavy
5.25
EXHIBIT C
;Electric Construction Trades
Prevailing Wage Rates
Craft Hourly Rate
Power Line Foreman $11.00
Lineman Journeyman 10.45
Lineman Apprentice Series 8.90
Groundman Series 7.25
EXHIBIT D
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is 1 1/2 times base rate.
SPECIFICATIONS
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Washington Park Tennis Court Renovation
Parks Capital Project - 1995
Parks & Recreation Department
City of Lubbock, Texas
SECTION 01 SUMMARY OF WORK
1.1 Scope of Project
A. Contractor shall supply all supervision, perform all work, furnish all
labor, tools, materials, equipment, and incidentals necessary to fully and
properly complete all work as described in the plans and specifications.
All layout, construction and other work shall be completed in
accordance with all governing codes and ordinances, with the best
engineering and construction practices, including material mfrs.
recommendations for installation and workmanship, for the skill or trade
involved.
B. We request that your proposal be made in conformance with the
guidelines contained in the specifications and on all plans. The contract
will be awarded to the company with the proposal determined to be the
most advantageous to the city of Lubbock.
C. Work to be performed in such an order that the remaining park
amenities do not suffer due to the work being performed in the
playground.
1.2 Work Included
A. Section 02 - Product Substitution
B. Section 03 - Tennis Court Construction
C. Section 04 - Concrete Work
D. Section 05 - Earthwork and Grading
E. Section 06 - Chain Link Fence Specifications
F. Section 07 - Chain Link Fence Special Conditions
1.3 Additional Information
A. All information under General Instructions To Bidder, General
Conditions of Agreement, and Special Conditions apply to this
section.
B. These plans and specifications were prepared by the Parks
Department (which shall be called Owner). Owner shall verify all
forms and construction stakes for locations of elements at project sites.
2. Quality Assurance
2.1 Contractors on Site Responsibilities
A. Contractor shall take all precautions necessary to protect all existing trees,
shrubbery, sidewalks, buildings, vehicles, utilities, etc., in the area where
the work is being done or that may be located adjacent to or in -route
across park property to the job site. The Contractor shall rebuild, restore,
and make good at his own expense, all injury and damage to same which
may result from work being carried out under this contract.
B. The Contractor shall not park or drive any vehicles or equipment beneath the
drip line of on -site trees and shrubs. Contractor and employees shall
not park on unsurfaced park property and shall not drive vehicles across park
land unless it is directly necessary to deliver materials to the job site. Pre -mix
concrete trucks delivering concrete to the site shall not dump slag or wash
down their vehicles on park property or adjacent private property. Contractor
shall be responsible for notifying concrete truck drivers of this policy.
C. The Contractor shall take all necessary precautions to assure the safety of
the park visitors during the construction and clean-up operations. The
Contractor shall maintain and keep in good repair the work intended under
these Plans and Specifications and shall perform all necessary repair,
construction, and renewal to the date of acceptance by Owner.
D. Any utility and irrigation lines shown on plans are for design and
construction information and are accurate as to location. The depth of
utility lines are not guaranteed. All underground lines are referenced
from known surface structures. It is not implied that all existing
public utility lines are shown on plan. Park utilities include irrigation
systems, and park lighting, all others are public utilities. The
Contractor's attention is directed to the fact that other underground
utility lines may exist that the Owner is not aware of. The owner does
not assume any responsibility for any public utilities which are not
shown on plans. It is the Contractor's obligation to locate and
familiarize himself with all utilities and to provide for their safety.
Damage to utilities will be repaired at Contractor's Expense. Park
development staff will assist in the design and relocation of utility lines.
E. Contractor shall be responsible for protection of unfinished work and shall be
responsible for the safety of park users utilizing the unfinished equipment.
Contractor shall, at his own expense, furnish and erect such barricades,
fences, lights, and danger signals, and shall take such other precautionary
measures for the protection of persons, property and the 'work as may be
necessary.
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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
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issuance to contractor of City's certificate of acceptance of the project.
G. Contractor shall be responsible for removal, hauling, and disposal of
all concrete, construction debris and unusable material from proposed
area as shown on plans and in specifications. Owner shall retain the right to
any existing playground materials deemed to have value.
H. Contractor is responsible for inspection of each site, to verify all existing
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conditions. Contractor shall be responsible to fully and properly complete all
work as described in the specifications shown on plans.
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I. 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.
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2.2 Clean-up
A Demolition debris shall be removed from the site prior to comencement
of construction work
B. Within three days after completion of project site the contractor shall
clean, remove rubbish and temporary structures from the site,
restore in an acceptable manner all property, to It's original integrety
both public and private, which has been damaged during the
prosecution of work, and leave the site of the work in a neat
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and presentable condition throughout. The cost of the "cleanup" shall
be included as a part of the cost of the various items of work involved,
and no direct compensation will be made for this work. This work
shall be done before final acceptance by the owner will be considered.
C. Contractor shall clean up and haul off all construction debris. Area
shall be graded back into existing grade smoothly.
2.3 Warranty
A. Contractor shall guarantee all labor, workmanship, and materials
supplied by 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 Contractor at Contractor's expense.
End of Section
4
SECTION 02 PRODUCT SUBSTITUTION
Washington Park Tennis Court Renovation
1.1 Work included
A. Section 01 - Summary of Work
B. Section 03 - Tennis Court Construction
C. Section 04 - Concrete Work
D. Section 05_Earthwork & Grading
E. Section 06 - Chain Link Fence Specifications
F. Section 07 - Chain Link Fence Special Conditions
2. Substitutions
_
2.1 Conditions, for substitutions ("OR EQUAL")
A.
In the event that the clause "OR EQUAL" is used in the
specifications pertaining to materials, the Bidder desiring to
make substitutions for specified equipment shall submit the
following:
1. Product identification, including manufacturer's name, —
address, and product literature.
2. Product description.
3. Product performance and test date. -
4. Reference standards.
5. Manufacturer instructions for maintanence and repairs.
B.
Request for substitution shall be considered if received in
writing (10) ten days prior to bid date; requests after that time
will not be considered.
C.
After contract is awarded, no substitutions will be considered.
It will be Bidder/Contractor's responsibility to ensure the
availability of specified product or substitution before bid date. _
D.
Bidder shall provide the same guarantee for substitution as for
product or method specified.
E.
Bidder shall coordinate installation of accepted substitution into _
work, making such changes as may be required for work to be
complete in all aspects.
F.
Bidder shall waive all claims for additional costs related to _
substitution which consequently becomes apparent.
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2.2 Substitutions will not be considered if:
A. 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.
B. Acceptance will require substantial revision of the original
design intent.
End -of -Section
2
SECTION 03 TENNIS COURT CONSTRUCTION
WASHINGTON PARK
1. General
1.1 Scope of Project
A. Contractor shall provide all items, materials, labor, equipment,
methods, and incidentals necessary for the construction of tennis courts
at Washin on Park.
B. Contractor shall refer to plans, provided by the Owner, for exact details
and layouts.
C. Contractor shall follow all specifications exactly as written. Deviation
will not be allowed without Owner's approval prior to commencement
of work.
1.2 Work Included
A. Section - 02 - Product Substitution
B. Section - 03 - Tennis Court Construction
C. Section - 04- Concrete Work
D. Section - 05 - Earthwork and Grading
E. Section - 06 - Chain Link Fence Specifications
F Section - 07 - Chain Link Fence Special Conditions
1.3 Additional Information
A. All information under General Instructions to Bidder General
Conditions of Agreement, and Special Conditions of Agreement, and
special conditions apply to section.
B. These plans and specifications were prepared by the Parks and
Recreation Department (which shall be called Owner). Owner shall
approve all construction stakes for location of elements at project
site.
2. Quality Assurance
2.1 Contractor shall refer to section 01 - Summary of Work for safety —
precautions.
A. Contractor shall have completed a minimum of 3 projects of similar `
scope and size.
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B. Owner reserves the right to reject any bid if contractor does not meet
above specifications.
3. Procedures and Materials
3.1 Excavation
A. Remove materials of every nature and description encountered in
obtaining indicated line and grades. Where necessary, all topsoil shall
be stripped a minimum of 4" deep and stockpiled as directed by
Owner.
B. Fill dirt shall be deposited in 4" layers, leveled, wetted and
compacted with a fully loaded sheepsfoot roller to an 95% AASHTO
density.
C. Masonry sand shall be used for underslab backfill and final grading.
D. Final fill shall be well -graded and compacted to the correct elevation.
E. Tracks from heavy equipment shall be graded to Owner's satisfaction
before final acceptance.
F.. In case of rain, compacted fill or backfill shall be allowed to dry then
shall be recompacted to desired density.
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3.2 Utilitites
A. Contractor shall protect any utility services or structures, where
required for proper execution of work; and relocate them as
directed. If existing active services are not indicated but are
encountered, provide protection and Owner for determination.
Do not proceed until instructions are obtained.
B. Contractor to furnish any temporary power necessary for
construction of project.
3.3 Construction and Removal Forms
A. Construct forms to slopes, lines, and dimensions shown, plumb and
straight and sufficiently tight to prevent leakage: securely brace and
shore forms to prevent displacement later. Owner shall approve
alignment before pouring.
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B. Do not coat forms with materials that will stain or cause injury to
exposed concrete surfaces.
C. Keep wood forms wet as necessary to prevent shrinkage.
D. Forms to be removed after initial set.
E. Forms shall be true in size, straight, and free from any defects which
would mar alignment or finish.
3.4 Strength, Proportions and Mixes of Concrete
A. Concrete shall have a minimum compressive strength of 3000PSI
attainable in 28 days.
B. Maximum acceptable slump shall be 4".
C. The proportions of aggregate to cement shall be such that concrete
can be handled, placed, and worked into angles and corners of
forms, around reinforcing steel and inserts without segregation and
without water and fine material rising to the surface.
3.5 Metal Reinforcement
A. Welded wire fabric or cold -drawn wire for concrete reinforcement
shall conform to requirements of the "Standard Specifications for
Cold -Drawn Steel Wire for Concrete Reinforcement" (ASTM
Designation: A82) or "Standard Specifications for Welded Steel
Wire Fabric for Concrete Reinforcement" (ATSM
Designation: A185).
B. Before being placed in the work, reinforcement shall be thoroughly
cleaned of rust, mill scale, dirt, oil or other coatings which might
tend to reduce the bond of the concrete.
3.6 Concrete Placement
A. Place no concrete until forms, wire mesh, supports for reinforcement,
pipes, inserts, expansion joints and/or other work required to be built
into concrete has been installed, inspected and approved by Owner. —
The owner shall be notified 24 hours before placement of any concrete.
Before concrete placement, insure bottoms of excavations are
undisturbed earth with no loose earth on bearing surfaces.
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B. Place no concrete until earth surface coming in direct contact with the
concrete has been sprinkled thoroughly with water.
C. The placing or depositing of all concrete shall be done in accordance
with the requirements of the American Concrete Institute Building
Code.
D. Concrete shall not be placed when air temperatures at the job site fall
below 40 degrees F.
3.7 Expansion and Construction Joints
A. Expansion joints shall be located as drawn.
B. Joint filler shall be of preformed non -extruding resilient type in
accordance with current ASTM designation D-544. The joint filler
shall be the full width and depth of the concrete section.
C. Construction joints, where shown, shall be formed to assure good, true
alignment. Slab shall be poured in alternate blocks, as directed by the
I Director of New Construction, and all edges shall be finished with a
tool of 1/8" radius.
3.8 Concrete Finish
A. Tennis court slab shall receive a swirl or "California" finish. (Similiar
to phonograph records overlapping approximately one-third.)
B. Concrete shall be floated with a wood float to provide a smooth, even
surface. At this time the surfaces shall be checked with a 10.0" straight
edge, and high or low spots shall be brought to a common level..
C. All surfaces shall be finished with a maximum allowable tolerance of
1/8" in ten feet.
3.9 Curing and Protection
A. Freshly placed concrete shall be protected from washing by rain,
flowing water, etc.
B. The concrete shall not be allowed to dry out from the time it is
deposited in the forms until the expiration of the curing time hereinafter
specified:
C. Chemical curing compounds shall not be used.
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D. Methods of curing shall be by securely covering all parts of the slabs
with black polyethelene film. Film shall be kept in place with lumber, _
bricks, or similar non -staining weights.
E. Do not use dirt or clay. _
F. Exposed slabs shall be cured seven (7) days.
G. Contractor shall protect concrete from tracking and marking by
unauthorized personnel.
4.0 Surfacing - Quality Assurance
A. Contractor must ensure all properly safety precautions are taken during —
surfacing.
B. No storage area will be provided on the site for materials. —
C. Contractor shall be responsible for protection of unfinished work and
shall be responsible for the safety of the public during this period. '-
Contractor shall be aware of Barricades and Safety
Measures as listed under General Instruction to Bidders.
D. All products shall be new, un-used, and the standard product of the
manufacturer.
4.1 Surface Applications
NOTE: These specifications were written around "Plexicolor Line Paint" _
specifications. See Section 02 for Product Substitutions.
A. The surface to be covered must be sound, free from loose dirt or oily
materials, and be thoroughly cleaned prior to the application of
surfacing materials.
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B. Surfacing
1. Remove all ridges and make certain all edges are feathered to
avoid patched appearance and different textures, with a terrazzo
grinder, hand stone or scraper may be used.
2. White lines 2 " wide shall be layed out and Hi -Aide Plexicolor
Line Paint applied by brush or spray free from any fogging,
splatter or over -spray. Lines shall conform to U. S. Tennis
Association specifications.
` 3. Touch-up areas from splatter or overspray of line print may be
printed with undiluted Plexichrome of necessary color.
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4.2 Clean-up
A. Contractor shall promptly clean up and haul off all construction
materials and debris. The work site shall be let in a neat and orderly
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B. All ruts left by trucks and equipment shall be filled in and raked smooth.
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C. All areas shall be backfilled and smoothed up to Owner's satisfaction.
4.3 Guarantee
A. Contractor's responsibilities - Contractor shall guarantee all labor,
workmanship, materials for a period of one (1) year from date of final
acceptance. During this time period, Contractor shall promptly correct
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any defects or problems at no cost to the Owner.
END -OF -SECTION
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SECTION 04 CONCRETE WORK
Washington Park Tennis Court Renovation
1.1 Work included
A. Section 01 - Summary of Work
B. Section 02 - Product Substitution
C. Section 03 - Tennis Court Construction
D. Section 04 - Concrete Work
E. Section 05 - Earthwork & Grading
F. Section 06 - Chain Link Fence Specifications
G. Section 07 - Chain Link Fence Special Conditions
1.2 Subgrade Preparation
A. Subgrade preparation to include removal, hauling, and disposal
of all concrete, construction debris, unusable material, and any
other obstructions shown on plans or as designated by Owner.
1.3 Site Preparation
A. Contractor is responsible for layout of work based on plan
dimensions, excavation, grading, leveling, and compaction of
subgrade and fill materal.
B. Contractor shall verify work to Owner after subgrade
preparation is completed prior to actual construction.
1.4 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. ACI 347 "Recommended Practice for Concrete Form Work."
ACI 304 Recommended Practice for Measuring, Mixing,
Transporting and Placing Concrete." Concrete Reinforcing
Steel Institute, "Manual of Standard Practice."
C. All handicap accessibility and ramps shall comply with current
ADA guidelines and recommendations.
1.5 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. Contractor to have a minimum of 3 years experience in forming
and pouring concrete of a similar nature and scope.
C. Concrete shall meet minimum strength specified on details.
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A Contractor shall, at Owner's request, submit proof or test data
of concrete to be used. Contractor shall be responsible for type
of concrete delivered by ready mix plant.
2. Products
2.1 Form Material:
A. Forms for Concrete: Unless otherwise shown or specified,
construct all Form work for concrete surfaces with plywood, metal,
metal -framed, plywood -faced, or other acceptable panel -type
materials, to provide continuous, straight, smooth, surfaces. Finish
in largest practicable sizes to minimize number of joints, and to
conform to joint system shown on drawings. Provide form material
with sufficient thickness to withstand pressure of newly -placed
concrete without bow or deflection. Forms used for this class of
concrete shall be new or "good -as -new."
B. Use Plywood complying with U.S. Product Standard. PS-1 "b-B
(Concrete Form) Plywood" Class 1, Exterior Grade or better, mill -
oiled and edge -sealed, with each piece bearing legible trademark of an
approved inspection agency, unless otherwise acceptable to Owner.
2.2 Reinforcing Materials:
�- A. Welded Wire Fabric: ANSI/ASTM A 615, with Supplementary
Requirements (sl), and as follows:
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Provide Grade 60, except No. 3 ties and stirrups may be Grade 40.
B. Welded Wire Fabric: ANSVASTM A 185, welded steel wire fabric.
C. Supports for Reinforcement: Provide supports for reinforcement
including bolsters, chairs, spacers and other devices for spacing,
supporting and fastening reinforcing bars and welded wore fabric in
place. Use wire bar type supports complying with CRSI, unless
otherwise specified. Wood, brick and other devices will not be
acceptable.
1. For slabs -on -grade, use supports with sand plates for horizontal
runners where wetted base materials will not support chair legs.
2. For exposed -to -view concrete surfaces, where legs of supports
are in contact with forms, provide supports with legs which are
hot / dip galvanized, or plastic protected or stainless steel
protected.
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2.3 Concrete Materials:
A. Portland Cement: ANSI/ASTM C 150, Type II, with fibermesh, unless
otherwise acceptable to Owner.
B. Use only one brand of cement throughout the project, unless otherwise
acceptable to Owner.
C. Aggregates:
1. Clean, sharp, natural sand free from loam, clay, lumps or other
deleterious substances.
a. Dune sand, bank -run sand, and manufactured sand are
not acceptable.
3. Coarse Aggregate: ANSI/ASTM C33. Clean, uncoated,
processed aggregate containing no clay, mud, loam, or foreign
matter as follows:
a. Crushed rock with all angular faces processed from
natural rock or stone.
b. Washed gravel, either natural or crushed. Use of pit or
bank- run gravel is not permitted.
c. Provide aggregate from a single source for all exposed
concrete.
4. Maximum Aggregate Size: Not larger than one -fifth of the
narrowest dimension between sides of forms, one-third of the
depth of slabs, nor three -fourths of the minimum clear spacing
between individual reinforcing bars or bundles of bars.
2.4 Water: Clean, fresh, drinkable. _
2.5 Air -Entraining Admixture: ANSI/ASTM C 260.
2.6 Water -Reducing Admixture: ANSI/ASTM C 490, Type A, containing not
more than '1% chloride ions.
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2.7 Set -Control Admixtures: ASST. C 494, as follows:
Type B, Retarding.
Type C, Accelerating.
Type D, Water -reducing and Retarding.
Type E, Water -reducing and Accelerating.
A. Calcium chloride will not be permitted in concrete, unless otherwise
authorized in writing by Owner.
2.8 Related Materials:
A Expansion Joints: Redwood 1" x 4" select heart grade lumber as
specified on detail. Joints of 12' or less shall be one continuous piece
installed as shown on detail.
B. Preformed Expansion Joint Fillers: Pre -molded fiber fill expansion joint
filler 1/2" wide and shall extend the full depth of the concrete as
specified on detail. The top of the filler shall have a 1/8" radius; the
top of 1/2" of the joint shall be filled with Urethane Sealant colored to
match surrounding finish color. Joints of 12' or less shall be one
continuous piece installed as shown on detail.
k C. Absorptive Cover: Burlap cloth made from jute or kenaf, weighing
approximately 9 oz. pr. sq. yd., complying with AASHO M 182,
Class 3.
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D. Moisture -Retaining Cover: One of the following, complying with
ASTM C 171.
Waterproof paper
Polyethylene film
Polyethylene -coated burlap
2.9 Proportioning and Design of Mixers:
A. Exterior concrete shall contain six (6) sacks (564 lb.) of cement per
cubic yard of concrete, 6% plus or minus 1% of entrained air, coarse
aggregate 1" or smaller and shall be poured with a slump of 5" plus or
minus 1" unless noted otherwise.
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2.10 Admixtures:
A. Use air -entraining admixture in exterior exposed concrete, unless
otherwise indicated. Add air -entraining admixture at the manufacture's
prescribed rate to result in concrete at the point of placement having air
content within the following limits:
1. Concrete structures and slabs exposed to freezing and thawing
or subjected to hydraulic pressure:
2. 6% for maximum 1" aggregate.
6% for maximum 3/4" aggregate.
B. Use admixtures for water -reducing and set -control in strict compliance
with the manufacturer's directions.
C. Use amounts of admixtures as recommended by the manufacturer for
climactic conditions prevailing at the time of placing. Adjust quantities
and types of admixtures as required to maintain quality control.
2.11 Slump Limits:
A. Proportion and design mixes to result in concrete slump at the point of
placement as follows:
1. Ramps and Sloping Surfaces: Not more than 3".
2. All Other Concrete: Not less than 1" and not more than 4".
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2.12 Concrete Mxing:
A. Ready -Mx Concrete: Comply with the requirements of ANSI/ASST.
C 94, and as herein specified.
B. Delete the references for allowing additional water to be added to the
batch for material with insufficient slump. Addition of water to the
batch will not be permitted.
C. During hot weather, or under conditions contributing to rapid setting of
concrete, a shorter mixing time than specified in ANSVASTM C 94
t may be required.
D. When the air temperature is between 85 degrees F. and 90 degrees F. ,
reduce the mixing and delivery time from 1-1/2 hours to 75 minutes,
and when the air temperature is above 90 degrees F. , reduce the
mixing and delivery time to 60 minutes.
3. Execution
3.1 Forms:
A General
1. Plan out the layout of formwork to allow for access to the inside
of the playground for the concrete truck to reduce the impact on
the site. The section will be formed and poured when the rest of
the pour is finished.
2. Design, erect, support, brace, and maintain formwork to support
vertical and lateral loads that might be applied until such loads
can be supported by the concrete structure. Construct form
work so concrete members and structures are of correct size,
shape, alignment, elevation and position.
3. Design form work to be readily removable without impact,
shock, or damage to cast -in -place concrete surface and adjacent
materials.
4. Forms shall not leak cement paste.
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5. Fabricate forms for easy removal without hammering or prying
against the concrete surfaces. Provide crush plates or wrecking
plates where stripping may damage cast concrete surfaces.
Provide top forms for inclined surfaces where slope is too steep
to place concrete with bottom forms only. keep wood inserts
for forming key ways, reglets, recesses and the like, to prevent
swelling and for easy removal.
6. Provide temporary openings where interior area of formwork is
inaccessible for clean -out, for inspection before concrete
placement, and for placement of concrete. Securely brace
temporary openings and set tightly to form to prevent loss of
concrete mortar. Locate temporary openings on forms at
inconspicuous location.
7. Chamfer exposed corners and edges as shown, using wood,
metal, PVC or rubber chamfer strips fabricated to produce
uniform smooth lines and tight edge joints.
B. Form Ties:
1. Factory -fabricated, adjustable -length, removable, or snap off
metal form ties, designed to prevent form deflection, and to
prevent spalling concrete surfaces upon removal.
2. Unless otherwise shown, provide ties to portion remaining
within concrete after removal is at least 1 1/2" inside concrete.
Unless otherwise shown, provide form ties which will not leave
holes larger than 1" diameter in concrete surface.
C. Cleaning and Tightening:
1. Thoroughly clean forms and adjacent surfaces to receive
concrete. Remove chips, wood, sawdust, dirt or other debris
just before concrete is placed.
2. Re -tighten forms after concrete placement if required to
eliminate mortar leaks.
3.2 Placing Reinforcing:
A. Comply with the specified codes and standards, and Concrete
Reinforcing Steel Institute's recommended practice for "Placing
Reinforcing Bars", for details and methods of reinforcement placement
and supports, and as herein specified.
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B. Clean reinforcement of loose rust and mill scale, earth, ice, and other
materials which reduce or destroy bond with concrete.
C. Accurately position, support, and secure reinforcement against
displacement by Form work, construction, or concrete placement
operations. Locate and support reinforcing by metal chairs, runners,
bolsters, spacers and hangers, as required.
D. Place reinforcement to obtain at least the minimum coverage for
concrete protection. Arrange, space and securely tie bars and bar
supports to hold reinforcement in position during concrete placement
operations. Set wire ties so ends are directed into concrete, not toward
exposed concrete surfaces.
E. Do not place reinforcing bars more than 2" beyond the last leg of
continuous bar support. Do not use supports as bases for runways for
concrete conveying equipment and similar construction loads.
F. Install welded wire fabric in as long lengths as practicable. Lap
adjoining pieces at least one full mesh and lace splices with wire. Offset
end laps in adjacent widths to prevent continuous laps in either
direction.
3.3 oints: General
A. Construction Joints: Locate and install construction joints so as not to
impair the strength and appearance of the structure, as acceptable to
the Owner.
1. Provide key ways at least 1 1/2" deep in all construction joints in
walls, slabs and between walls and footings; acceptable
bulkheads designed for this purpose may be used for slabs.
2. Place construction joints perpendicular to the main
reinforcement. Continue all reinforcement across construction
joints.
B. Control Joints: shall be used (in conjunction with expansion joints -see
3.3D) as specified on plans. Placement of control joints shall
correspond to plans. Control joints shall be placed every four to
eight feet in most cases but shall never be more than twenty feet apart
in any direction. When possible, jointed panels shall be approximately
square in shape. Control joints shall be continuous, not staggered or
offset. Control joints shall be 1/2" wide and 3/4" deep, tooled or sawn
in place. Tooled control joints shall have a 1/8" radius.
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C. Isolation Joints in Slabs -on -Ground: Construct isolation joints in slabs
on ground at all points of contact between slabs on ground and vertical
surfaces, such as column pedestals, foundation walls, grade beams and
elsewhere as indicated.
D. Expansion Joints: Provide Pre -molded joint filler or other specified
material for expansion joints abutting concrete curbs, catch basins,
manholes, inlets, structures, walks, and other fixed objects.
1. Expansion joints shall be located as shown on plans.
2. Extend joint fillers full -width and depth of joint, and not less
than 1/2" or more than 1" below finished surface. Furnish joint
filler in one-piece lengths for the full width being place,
wherever possible. Where more than one length is required, lace
or clip joint filler section together. Form top edge of filler to
conform to top profile of concrete.
3. Protect the top edge of the joint filler during concrete placement
with a metal cap or other temporary materials. Remove
protection after both sides of joint are placed.
4. Expansion joints shall be located at the intersections of all
concrete elements and at least every 30' in sidewalks or every
IS' to 20' each way in larger areas. Expansion joints shall be
1/2" wide and contain a 1/2" premolded fiberfill expansion joint
filler. The top of the joint shall have a 1/8" radius; the top 1/2"
of the joint shall be filled with a gray colored urethane sealant.
E. Edge Forms and Screed Strips for Slabs: Set edge forms for bulkheads
and intermediate screed strips for slabs to obtain the required elevations
and contours in the finished slab surface. Provide and secure units
sufficiently strong to support the types of screeds required. Align the
concrete surface to the elevation of the screed strips by the use of
strike -off templates or accepted compacting type screeds.
F. Preparation of Form Surfaces: Coat the contact surfaces of forms with
a form -coating compound before reinforcement is placed. Provide
commercial formulation form -coating compounds that will not bond
with, stain nor adversely affect concrete surfaces, and will not impair
subsequent treatment of concrete surfaces requiring bond or adhesion,
nor impede wetting of surfaces to be cured with water or curing
compounds.
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Thin form -coating compounds only with thinning agent of type, and in
amount, and under conditions of the form -coating compound
manufacturer's directions. Do not allow excess form -coating material
to accumulate in the forms or to come into contact with concrete
surfaces against which fresh concrete will be placed. Apply in
compliance with manufacturer's instructions.
3.4 Concrete Placement:
A. General:
1. Comply with ACI 614, and as herein specified.
2. Deposit concrete continuously or in layers of such thickness that
no concrete will be placed on concrete which has hardened
sufficiently to cause the formation of seams or planes of
�- weakness within the section. If a section cannot be placed
continuously, provide construction joints as herein specified.
3. Deposit concrete as nearly as practicable to its final location to
avoid segregation due to re -handling or flowing.
B. Pre -Placement Inspection:
1. The Owner shall be notified 24 hours before placement of any
concrete.
Fla 2. Before placing concrete, inspect and complete the Formwork
installation, reinforcing steel, and items to be embedded or cast -
in.
3. Thoroughly wet wood forms immediately before placing
concrete, as required where form coatings are not used.
C. Placing Concrete in Forms:
1. Deposit concrete in forms in horizontal layers not deeper than
18" and in a manner to avoid inclined construction joints.
�^ 2. Consolidate placed concrete by mechanical vibrating equipment
supplemented by hand -spading, rodding or tamping. Use
vibrators designed to operate with vibratory element submerged
iri concrete, maintaining a speed of not less than 6000 impulses
per minute.
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3. Do not use vibrators to transport concrete inside of forms.
Insert and withdraw vibrators vertically at uniformly spaced
locations not farther than the visible effectiveness of the
machine. Do not insert vibrators into lower layers of concrete
that have begun to set, At each insertion, limit the duration of
vibration to the time necessary to consolidate the concrete and
complete embodiment of reinforcement and other embedded
items without causing segregation of the mix.
D. Placing Concrete Slabs:
1. Deposit and consolidate concrete slabs in a continuous
operation, within the limits of construction joints, until the
placing of a panel or section is completed.
2. Consolidate concrete during placing operations so that concrete
is thoroughly worked around reinforcement and other embedded
items and into corners.
3. Bring slab surfaces to the correct level with a straightedge and
strike off. Use bull floats or Darbies to smooth the surface,
leaving it free of humps or hollows. Do not sprinkle water on
the plastic surface. No not disturb the slab surfaces prior to
beginning finishing operations.
4. Maintain reinforcing in the proper position during concrete
placement operations.
3.5 Finish of Formed Surfaces:
A. Finishing Procedures:
1. After striking -off and consolidating concrete, smooth the surface
by screeding and floating. Do not use "Jitterbugs". Use hand
methods only where mechanical floating is not possible. Adjust
the floating to compact the surface and produce a uniform
mixture.
2. After floating, test surface for trueness with a 10" straightedge.
Distribute concrete as required to remove surface irregularities,
and refloat repaired areas to provide a continuous, smoother
finish.
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3. Work edges of slabs, gutters, back top edge of curb, and formed
joints with an edging tool, and round to 1/2" radius, unless
otherwise shown. Eliminate any tool marks on concrete
surface.
I
4. After completion of floating and excess moisture or surface
sheen has disappeared complete, surface finishing as follows:
A. Broom Finish:
1. Broom finish, by lightly drawing a fine broom across concrete
surface. Repeat operation if required to provide a fine line
texture acceptable to the Owner.
2. On inclining slab surfaces, provide a coarse, non -slip finish by
scoring surface with a stiff -bristled broom.
3.6 Concrete Curing and Protection:
A. General: Contractor shall be responsible for the protection of uncured
concrete. Contractor shall allow no stray marking or footprints to
be placed in the uncured concrete. Protect freshly placed concrete
from premature drying and excessive cold or hot temperature, and
maintain without drying at a relatively constant temperature for a
period of time necessary for hydration of cement and proper hardening.
1. Start initial curing application as soon as free water has
disappeared from concrete surface after placing and finishing.
Weather permitting, keep continuously moist for not less than
72 hours.
2. Begin final curing procedures immediately following initial
curing and before concrete has dried. Continue final curing for
at least 168 cumulative hours (not necessarily consecutive)
during which concrete has been exposed to air temperatures
above 50 degrees F. Avoid rapid drying at end of final curing
period.
B. Curing Methods: Perform curing of concrete by moist curing or by
moisture retaining cover curing or by combinations thereof, as herein
specified.
1. Provide moisture curing by following methods:
2. Keep concrete surface continuously wet by covering with water.
Continuously water -fog spray.
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3. Covering concrete surface with specified absorptive cover,
thoroughly saturating cover with water and keeping
continuously wet. Place absorptive cover to provide coverage
of concrete surfaces and edges, with 4" lap over adjacent
absorptive covers.
4. Provide moisture -cover curing as follows: Covering concrete
surfaces with moisture -retaining cover for curing concrete,
placed in widest practicable width with sides and ends lapped at
least 3" and sealed by water proof tape or adhesive.
Immediately repair any holes or tears during curing period using
cover materials and waterproof tape.
C. Curing Formed Surfaces: Cure formed concrete surfaces, including
undersides of beams, supported slabs and other similar surfaces, by
moist curing with forms in place for full curing period, or until forms
are removed. If forms are removed, continue curing by methods
specified above, as applicable.
D. Curing_ Unformed Surfaces: Initially cure unformed surfaces, such as
slabs, floor topping, and other flat surfaces by moist curing.
1. Final cure unformed surfaces, unless otherwise specified, by
methods specified above, as applicable.
2. Final cure concrete surfaces to receive liquid floor hardener or
finish flooring by use of moisture -retaining cover, unless
otherwise directed
3.7 Miscellaneous Concrete Items:
A. Filling -In: Fill- in holes and openings left in concrete structures for
passage of work by other trades, unless otherwise shown or directed,
after work of other trades is in place. Mix, place and cure concrete as
herein specified, to blend with in -place construction. Provide other
miscellaneous concrete filling shown or required to complete work.
B. Curbs: Provide monolithic finish to interior curbs by stripping forms
while concrete is still green and steel -troweling surfaces to a hard,
dense finish with corners, intersections, and terminations slightly
rounded.
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C.Sleeves: Provide sleeves where need for poles within concrete pad for
underground service elements as shown on plan. Sleeves shall be 4"
PVC Schedule 40 pipe or as specified on plans, and have 4" of cover
minimum. These sleeves shall be made aware to owner upon
completion.
3.8 Concrete Surface Repairs:
A. Patching Defective Areas: Repair and patch defective areas with
cement mortar immediately after removal of forms, but only when
acceptable to Owner.
B. Cut out honeycomb,` rock pockets, voids over 1/4" in any dimension,
and holes left by tie rods and bolts, down to solid concrete but, in no
case to a depth of less than 1". Make edges of cuts perpendicular to
the concrete surface. Before placing cement mortar or proprietary
patching compound, thoroughly clean, dampen with water and brush -
coat the area to be patched with neat cement grout, or proprietary
bonding agent.
C. For exposed -to -view surfaces, blend white portland cement and
standard portland cement so that, when dry, patching mortar will match
color surrounding. Provide test areas at inconspicuous location to
verify mixture and color match before proceeding with patching.
Compact mortar in place and strike -off slightly higher than surrounding
surface.
D. Repair of Formed Surfaces: Remove and replace concrete having
defective surfaces if defects cannot be repaired to satisfaction of Owner.
Surface defects, as such, include color and texture irregularities, cracks,
spalls, air bubbles, honeycomb, rock pockets, fins and other projections
on surface, and stains and other discolorations that cannot be removed
by cleaning. Flush out form ties holes, fill with dry pack mortar, or
precast cement cone plugs secured in place with bonding agent.
E Repair finished unformed surfaces that contain defects with adversely
affect durability of concrete. Surface defects, as such, include crazing,
cracks in excess of 0.01" wide or which penetrate to reinforcement or
completely through non -reinforced sections regardless of width, spalling,
pop -outs, honeycomb, rock pockets, and other objectionable conditions.
F. Correct high areas in unformed surfaces by grinding, after concrete has
cured at least 14 days.
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G. Correct low areas in unformed surfaces during, or immediately after
completion of surface finishing operations by cutting out low areas
and replacing with fresh concrete. Finish repaired areas to blend into
adjacent concrete. Proprietary patching compounds may be used when
acceptable to Owners.
H. Repair defective areas, except random cracks and single holes not
exceeding 1" diameter, by cutting out and replacing with fresh
concrete. Remove defective areas to sound concrete with clean, square
cuts and expose reinforcing steel with at least 3/4" clearance all around.
Dampen concrete surfaces in contact with patching concrete, and brush
with a neat cement grout coating or concrete bonding agent. Mix
patching concrete of same materials to provide concrete of the same
type or class as original concrete. Place, compact and finish to blend
with adjacent finished concrete. Cure in the same manner as adjacent
concrete.
1. Repair isolated random cracks and single holes not over 1" in diameter
by dry -pack method. Groove top of cracks and cut-out holes to sound
concrete and clean of dust, dirt and loose particles. Dampen cleaned
concrete surfaces and brush with neat cement grout coating or concrete
bonding agent. Mix dry -pack, consisting of one part portland cement to
2-1/2 parts fine aggregate passing a No. 16 mesh sieve, using only
enough water as required for handling and placing. Compact dry -pack
mixture in place and finish to match adjacent concrete. Keep patched
area continuously moist for not less than 72 hours.
1. Use epoxy -based mortar for structural repairs, where directed by
Owner.
2. Repair methods not specified above may be used, subject to
acceptance of Owner.
3.9 Quality Control Testing During Construction:
A. Sampling and testing for quality control during the placement of
concrete may include the following, as directed by the Owner:
Sampling? Fresh Concrete: ASTM C 172, except modified for slump to
comply with ASTM C 94.
Slump: ASTM C 143; one test for concrete load at point of discharge;
and one test for each set of compressive strength test specimens.
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Air Content: ASTM C 173, volumetric method for lightweight
concrete; ASTM C 231 pressure for normal weight concrete; one for
r" each set of compressive strength test specimens.
Concrete Temperature: Test hourly when air temperature is 40
degrees F. and below, and when 80 degrees F. and above; and each
time a set of compression test specimens is made.
Compression Test Specimen: ASST. C 31; one set of b standard
cylinders for each compressive strength test, unless otherwise directed.
Mold, label, and store cylinders (do not leave on site) for laboratory
cured test specimens except when field -cure test specimens are
required.
Compressive Strength Tests: ASST. C 39; one set for each 100 cu.
yd. or fraction thereof, of each concrete class placed in any one day or
for each 5,000 sq. ft. of surface area place; 2 specimens tested at 7
days, 3 specimens tested at 28 days, and one specimen retained in
reserve for later testing if required. Testing will be done by the
contractor with on expense to the owner.
1. When the frequency of testing will provide less: than 5 strength
test for a given class of concrete, conduct testing from at least 5
randomly selected batches, or from each batch if fewer than 5
are used.
2. When the total quantity of a given class of concrete is less than
50 cu. yd., the strength test may be waived by the Owner if, in
r his judgment, adequate evidence of satisfactory strength is
provided.
3. When the strength of field -cured cylinders is less than 85% of
companion laboratory -cured cylinders, evaluate current
operations and provide corrective procedures for protecting and
curing the in -place concrete.
End of Section
28
Section 05 Earthwork and Grading
Washington Park Tennis Court Renovation
1.1 Work included
A.. Section 01 - Summary of Work
B. Section 02 - Product Substitution
C. Section 03 - Tennis Court Construction
D. Section 04 - Concrete Work
E. Section 05 - Earthwork and Grading
F. Section 06 - Chain Link Fence Specifications
G. Section 07 - Chain Link Fence Special Conditions
2.1 Material -Site Fill
A. Fill material to be free from trash, lumber, debris, roots over 1"
in diameter, matted roots, rocks over 3" in diameter, topsoil,
highly plastic soils or other deleterious material.
2.2 Material -Top Soil
A. Natural, fertile, friable soils possessing characteristics of soils
in the vicinity which produce heavy growth of crops, grass, or
other vegetation.
B. Top soil to be free of subsoil, brush, organic litter, objectionable
weeds, clods, shale, stones 2" dimension or larger, stumps,
roots, or other materials harmful to grading, planting, plant
growth, or maintenance operations.
3.1 Protection
A. Carefully maintain bench marks, layout stakes, and other
reference points.
B. Protect property, including adjoining property and public right-
of-way, from damage by trucks and equipment.
C.- Protect active utilities to be retained on site, whether shown on
drawings or uncovered during excavation operations. If
damaged, repair at Contractor's expense.
D. Protect existing trees and plant material to be retained from
damage by trucks and equipment.
E. Keep excavations free of water.
3.2 Site Preparation
A. Clearing
1. Strip existing topsoil from areas affected. Stockpile
on site for re -use.
4.
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2. Remove trash, debris, and other obstructions found
at or above existing grade from areas of proposed
structures, walks, curbs, and paving (if applicable).
3. Remove existing plant material (if applicable) only as
directed by the Owner.
4. Owner reserves the right to retain certain items that
are to be salvaged. All other demolition debris shall
be disposed of by contractor.
B. Grubbinu (if applicable)
1. Remove stumps, roots over 1" in diameter, matted roots
and other obstructions found at or below existing grade
from cleared areas.
2. Remove waste materials daily as it accumulates.
3. Comply with applicable codes and ordinances regarding
waste transportation and disposal.
4. Burning and blasting on site will not be permitted.
3.3 Excavation
A. Excavate to bring areas to grade and subgrades indicated.
Scarify excavated areas occurring under concrete to a depth of
6", then compact to 95% density.
B. Stockpile all excavated material on site; exact location to be
, determined by Owner.
C. Remove underground obstructions. Where rock is encountered
at subgrade, undercut minimum of 15" below and backfill with
approved fill.
D. Remove underground obstructions. Where rock is encountered
at subgrade, undercut minimum of 15" below and backfill with
approved bid.
3.4 Fill and Backfill
A. Placin: Place material in loose, even successive lifts not to
exceed the following depths: (if applicable).
1. Fill below concrete slabs: Max. 8" high lifts to overall
compacted depth as indicated on drawings.
2. Site fill and backfill : Max. 12" high lifts.
B. Compaction: Thoroughly and evenly compact each lift to the
following densities:
1. Fill below concrete slabs: Not less than 95% standard
density to at least four (4) feet outside the slab.
2. Site fill: Not less than 90% standard density.
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C. Cushion Sand: Provide uniform, smooth, compacted sand layer
to 2" depth below site flatwork. Moisten and compact
sufficiently to prevent undue displacement during the placement
of reinforcing and concrete.
D. Moisture Control: When moisture must be added prior to
compaction, uniformly apply water to surface, but do not flood.
Free water shall not appear on surface during or after
compaction operations. Remove and replace, or scarify air-dry
soil too wet to allow proper compaction.
3.5 Grading
A. Uniformly grade areas, including adjacent transition areas to
smooth surface at required grades and elevations. Adjust
contours to eliminate water ponding and provide positive
drainage.
B. Concrete subgrade: Excavate or fill as required to provide
finish grade shown on plans. Shape subgrade to true and even
lines to provide for uniform thickness of sand cushion.
C. Finish Grades Adjacent to Pavement: Cut or fill so that turf and
planting areas adjacent to concrete are 1" below said concrete.
Slope soil smoothly back to adjacent grade.
3.6 Finish Grading
A. Fine grade areas to achieve final contours indicated. Leave
areas to receive topsoil 4" below final desired grade.
B. Provide uniform roundings at top and bottom of slopes and
other breaks in grade. Correct irregularities and areas where
water will stand.
C. Topsoil:
1. Place topsoil to' 4" depth over areas modified by work or
this contract which are not covered by buildings, walks,
or pavings.
2. Uniformly distribute topsoil to required grades; feather
back to where grades remain unchanged.
3. Place and compact topsoil in a manner conducive to the
growth and maintenance of good turf.
4. Degree of finish shall be that ordinarily obtainable with
blade or scraper operations. Remove rubbish,
vegetation, and rocks over 1- 1/2" in diameter. Leave
areas smooth and suitable for establishment of lawns and
planting. Correct irregularities and areas where water
will stand.
End - of - Section
31
7
Section 06 Chain Link Fence Specifications
Washington Park Tennis Court Renovation
1. General
1.1 Scope of Proiect:
A. The contractor shall remove existing chain link fence: fabric and erect
new chain link fencing on existing posts at the locations shown on the
drawings. The contractor shall furnish all material, equipment, labor
and incidentals necessary to complete the erection of the fence.
1.2 Related Work as Specified Elsewhere:
A.
Section 01
Summary of Work
B.
Section 02
Product Substitution
C.
Section 03
Tennis Court Construction
D.
Section 04
Concrete Work
E.
Section 05
Earthwork and Grading
F.
Section 06
Chain Link Fence Specifications
G.
Section 07
Chain Link Fence Special Conditions
1.3 (Qualification of Bidder:
A. Owner may make such investigations as he deems necessary to -
determine the ability of the bidder to perform the work, and the bidder
shall furnish to the Owner all such information and data for this
purpose as the Owner may request. The Owner reserves the right to
reject any bid if the evidence submitted by, or investigation of, such
bidder fails to satisfy the Owner that such bidder is properly qualified
to carry out the obligations of the contract and to complete the work
contemplated therein.
r- 1.4 All information under GENERAL INSTRUCTION TO BIDDER and
GENERAL CONDITIONS OF THE AGREEMENT APPLY TO THIS
SECTION:
1.5 Attached plans indicate construction, location, and design expected:
32
1.6 Fence to stand 10' (feet) high above grade when erected.
2. Products
2.1 All fencing materials shall be as specified herein:
2.2 Technical Specifications:
A. Fabric: Shall be 96 inches high No. 9 gauge wire woven in a 2 inch
mesh, hot dip galvanized. (GBW). Top selvage to have a twisted &
barbed finish; bottom selvage to have a knuckled finish.
B. Tie Wire: gauge galvanized steel spaced according to plan, also along
middle rail if middle rail required.
C. Post Caps: Polished Aluminum. Sized to be determined by post O.D.
(if required)
D. Line Tops: Polished Aluminum. Sized to be determined by posts O.D.
(if required)
E. Tension Bands: Hot dip galvanized steel > 7/8" width.
F. Rail Clamps 14 gauge hot dip galvanized steel.
G. Hardware: All miscellaneous hardware (bolts, washers, nuts, etc.) shall
be hot dip galvanized steel. A fitting to be malleable, cast iron or
diameters and lengths determined according to materials used.
3. Installation Procedures
3.1 The fence and all materials shall be erected and fitted in a first-class /
professional manner.
3.2 Only new materials shall be used.
3.3 If any damage occurs to galvanized materials, the following procedure shall be
taken: The damaged areas shall be cleaned with mineral spirits followed by
wire brushing. After wire brushing these areas shall be recleaned with solvent
to remove residue. After cleaning, the damaged areas shall be given two coats
of galvanizing repair paint. The galvanizing repair paint shall be zinc dust -zinc
oxide.
3.4 Materials, fittings, and workmanship shall be subject to final inspection
accepted by Owner's Representative.
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4. Liabilities
4.1 The contractor shall take necessary precautions to minimize damage to
adjacent surrounding turf, shrubbery, walks, driveways, and curbs. Damaged
items or areas will be restored or replaced by the contractor at no charge to
the Lubbock Parks and Recreation Department.
5. Measurement of Payment
5.1 Measurement, for payment, of chain link fence will be made from centerline
of posts.
6. Guarantees
6.1 The contractor shall guarantee all labor, workmanship, and materials for a
period of one (1) year from date of acceptance. Repairs to include labor and
materials, shall be made promptly, without further charge, to the Owner for a
like period.
End of Section
34
Section 08 Chain Link Fence Special Conditions
Washington Park Tennis Court Renovation
I. Bidders shall visit the project site, compare drawings and specifications to the
actual site conditions. Failure to oversight in any of the above requirements will
in no way relieve the successful bidder from the responsibility of completing the
project in accordance to the drawings and specifications without additional cost to
the Owner.
H. It is agreed that it is the intent of this contract that all work must be done and all
materials must be furnished in accordance with the generally accepted practice, and
in the event of any doubt as to the meaning and intent of any portion of the
contract, specifications, or plans, the Owner's Representative shall define which is
intended to apply to the work.
M. The successful bidder shall perform all clearing of brush, rock, and debris which
may be necessary for the installation of this project, unless otherwise stated.
IV. The fencing panels between corner and terminal posts shall generally follow the
finished ground elevations. However, the successful bidder will grade off minor
irregularities in the path of the fencing as necessary to limit variation of grade
under the bottom edge of fence fabric to a distance of not more than six (2)inches
and not less than two (5) inches to the ground / maintenance strip.
V. The contractor shall be responsible for the security of the facilities during the time
that work is being performed on the site until final acceptance by the owner.
VL All plant material, trimmings, and/or removal necessary for the installation of the
fence will be done by the contractor. Supervision of trimming will be coordinated
with the Park Development Staff.