HomeMy WebLinkAboutResolution - 5074 - Contract - CCW Landscape Maintenance - NEBL Landscaping - 01_11_1996Resolution No. 5074
January 11, 1996
Item #24
13ESOLUTION
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 by and between the City of Lubbock
and CCW Landscape Maintenance to furnish and install all services and materials for the
Northeast Branch Library Landscaping, attached hereto and 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:
etty A o sonVCity Secretary
APPROVED AS TO CONTENT:
Victor Kilman, urchasing Manager
APPROVED AS TO FORM:
L Vll{41\. V•
Attorney
DGV js/NELIBRY.RES
ccdocs/December 26, 1995
RESOLUTION # 5074 01-11-96
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City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
606-767-2167
MAILED TO VENDOR:
CLOSE DATE:
Office of
Purchasing
December 7,1995
December 14,1995 @ 3:00 P.M.
BID #13434 - NORTHEAST BRANCH LIBRARY LANDSCAPING
ADDENDUM #2
The following items take precedence over specifications for the above named Bid Where any item called
for in the Bid documents is supplemented here, the original requirements, not affected by this addendum,
shall remain in effect.
1. The Notice to Bidders, paragraph 4, sentence 2, should be changed to read as follows:
The successful bidder will be required to furnish a performance bond in accordance
with Chapter 2253, Government Code, in the amount of 100% of the total contract
price in the event that said contractprice exceeds S100,000 and the successful bidder
will be required to furnish a payment bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contractprice in the event that
said contract price exceeds 125,000.
2. In the General Conditions Of The Agreement, Item 51. Bonds should be changed to
read as follows: The successful bidder will be required to furnish a performance bond
in accordance with Chapter 2253, Government Code, in the amount of 100% of the
total contractprice in the event that said contractprice exceeds $100,000 and the
successful biwill be required to furnish a payment bond in accordance with
Chapter 2253, Government Code, in the amount of 100% of the total contract price in
the event that said contrail price exceeds $25,000. All bonds, if required, shaU be
submitted on forms supplied by the Owner, and executed by an approved Surety
Company authorized to do business in the State of Texas And it is further agreed
that this contract shall not be in effect until such bonds are so furnished
All requests for additional information or clarification must be submitted in writing and directed to:
Questions may be faxed to:
PLEASE RETURN ONE COPY WTTH YOUR BID
Laura Ritchie
Buyer
City of Lubbock
P. O. Box 2000
Lubbock, Texas 79457
(806) 767-2164
THANK YOU,
dawz L;�ZLt�
LAVRA RTTCHIE
BUYER
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City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
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806-767-2167
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MAILED TO VENDOR:
CLOSE DATE:
NEW CLOSE DATE:
BID #13434 - NORTHEAST BRANCH LIBRARY LANDSCAPE
ADDENDUM # 1
Office of
Purchasing
December 4, 1995
December 7, 1995 @ 3 P.M.
December 14,1995 @ 3 P.M.
The following items take precedence over specifications and plans for the above named bid. Where any
item called for in the bid documents is supplemented here, the original requirements, not affected by this
addendum, shall remain in effect.
1.
On the plans, sheet 1 of 2, delete the "irrigation legend" and replace with the attached
IRRIGATION LEGEND.
2.
On the plans, sheet 1 of 2, add the attached "CONCRETE SIDEWALK LAYOUr."
3.
On the plans, Zone 12, delete (10) RB-1804 @ 10' and add (10) RB-1804 @ 15'.
`Nana'
4.
On the plans, sheet 2 of 2, in the plant legend, delete (143) 5 gal. Juniperus Procumbens
@ 45" O.C., and add (278) 1 gal. Juniperus Procumbens `Nana' @ 24" O.C.
5.
On the plans, sheet 2 of 2, in the plant legend, delete (199) 1 gal. Parthenocissus Tricuspidata @
36" O.C., and add (1,800) 3" pots Vinca major @ 12" O.C.
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b.
On the plans, sheet 1 of 2, add the following.
"Contractor shall provide a drip irrigation system for all tree locations. Layout of drip irrigation
line shall be approved by owner.
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7.
In the specifications, Section 04 - Irrigation System, 2.01 A, delete:
"Bidder shall be a registered Contractor and be a licensed irrigation installer in the state of Texas
or from the state where Contractor is based."
And replace with:
`Bidder shall be a registered Contractor and shall have a licensed irrigation installer on project.
Bidder and irrigation installer shall be licensed in the state of Texas or from where Contractor is
based."
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8. In the specifications, BID SUBMITTAL - LUMP SUM BID CONTRACT, ALTERNATE NO. 1,
delete:
"Furnish and install trees, shrubs, groundcovers, and turf..."
And replace with:
"Furnish and install trees, shrubs, and groundcovers..."
Please submit your bid on the revised BID SUMBITTAL - LUMP SUM CONTRACT form
(attached), noting the above stated changes.
9. In the specifications, Section .03 - Plant Materials, 2.02 F, delete the following
"All plants shall be container grown and shall have a..."
And replace with:
"All trees shall be Ball and Burlap (B & B). Container grown plants shall have a..."
10. In the specifications, Section 03 - Plant Materials, delete 2.02 G.
11. In the specifications, Section 03 - Plant Materials, 3.01 C, add the following:
"Owner has the right to reject unsuitable plant material."
12. In the specifications, Section 03 - Plant Material, 7.01 A, delete:
"Container grown material (for individual plantings)
A. Dig two pits two (2) feet wider and six (6) inches deeper that container..."
And replace with:
"Ball and Burlap grown material (for individual plantings)
A. Dig two pits two (2) feet wider and six (6) inches deeper than ball..."
13. In the specifications, Section 03 - Plant Materials, 9.01, delete:
"Contractor shall guarantee all container grown material..."
And replace with:
"Contractor shall guarantee all plant material..."
1,
14. In the specifications, Section 04 - Irrigation System, 7.09 Backfill, delete the following"
�.. "A warning tape to be placed approx. 6" above the top of the pipe or 2nd wire for the entire
t length of the exposed area."
15. In the specifications, Section 04 - Irrigation System, 6.02 Materials, add the following
P. End Line Drain/Flush Valves
1. Shall be place at end of each section of drip tubing.
2. Shall be a King drain, product #GF 22-163.
16. In the specifications, Section 04 - Irrigation System, 6.02 Material, add the following:
Q. Pressure Regulator for drip irrigation
1. Shall be Nelson 25 psi in -line with 1" fiiipt.
17. In the specifications, Section 04 - Irrigation System, 6.02 Materials, G.1, delete:
"...(Wilkins 2" or approved equal)"
And replace with:
"...(Wilkins 2" model 950XL or approved equal)"
18. In the specifications, Section 04 - Irrigation System, 7.03, delete D. and add the following:
D. I" polyurethane drip irrigation tubing shall be located 6" above mainline in same
trench. When trench is cut through rock or rock ground, the pipe and tubing shall
be bedded three inches on all sides with approved sand. Owner to determine both
the need and quality of sand bed.
19. On the plans, sheet 1 of 2, add the following
Zone
Valve Size
GPM
1
2-1/2"
112 GPM
2
2-1/2"
130 GPM
3
3"
168 GPM
4
2-1/2"
130 GPM
5
2-1/2"
112 GPM
6
2-1/2"
130 GPM
7
2"
35 GPM
8
3"
150 GPM
9
2-1/2"
130 GPM
10
2-1/2"
74.4 GPM
11
2"
28 GPM
12
2"
45.6 GPM
13
1"
DRIP
20.
21
In the specifications, Section 04 - Irrigation System, 6.02 Materials, delete:
H. Valve Boxes
And replace with:
1. Valve Box (Brooks model 1419 or approved equal).
a. Supplied by contractor
b. To be installed by contractor
c. Minimum dimensions: 15" x 21" x 12" deep, molded plastic. Extensions shall be used as
necessary to bring valve box to grade and shall be compatible with box to achieve depth
required (no bricks shall be used).
d. Bolt -in green lid with cover lift holes (rectangular, lid shall have snap lock tab closure).
2. Double Check Valve Box (Brooks model 1730 or approved equal).
a. Supplied by contractor
b. To be installed by contractor
c. Minimum dimensions: 24" x 37" x 18" deep, molded plastic. Extensions shall be used as
necessary to bring valve box to grade and shall be compatible with box to achieve depth
required (no bricks shall be used).
d. Bolt -in green lid with cover lift holes (rectangular, lid shall have snap lock tab closure).
In the specifications, Section 04 - Irrigation System, delete 6.02 E,
And replace with:
"E. Drip Emitter Heads
1. Netafim Irrigation, Inc. products
2. 2 GPH PC Dripper"
22. In the specifications, Section 04 - Irrigation System, delete 6.02 K,
And replace with:
"K. Screen Filter
1. Shall be Arkal Products
2. RF1 1" ring filter"
23. Please change the bid closing date and time from
Thursday, December 7, 1995, at 3:00 P.M. to
Thursday, December 14,1995, at 3:00 P.M.
All requests for additional information or clarification must be submitted in writing and directed to:
LAURA RITCHIE
BUYER
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Questions may be faxed to: (806)767-2164
THANK YOU,
40 W. 0, Pv ctc�
LAURA RTTCHIE
BUYER
PLEASE RETURN ONE COPY WITH YOUR BID
IRRIGATION LEGEND
ZONE
SYMBOL
DESIGNATION
No.
3' IRON MANUAL GATE VALVE
3
NA
W/ RESILIENT SEAT
NA
METER FOLLOWED BY 2' WILKINS
3
DOUBLE CHECK VALVE
WEATHERMATIC LMC24
NA
W/ 24 STATIONS
1
NA
WEATHERMATIC BRASS 8000
13
1', 1%2', 2', & 2%2' ELECTRIC CONTROL VAVLES
1, 2, 3, 4, 5,
0 e •
TORO 640 90', 180', 270°
61
61 8, 9 & 10
& 360° 44 NOZZLE SPRINKLER
12
♦
RAINBIRD 1800 90° & 180° 12' POP-UP
14
WITH 15'VAN NOZZLE
7 & 12
♦ ®
RAINBIRD 1800 90% 180' & 360' 4' POP-UP
54
WITH 10' SERIES NOZZLE
11
♦ '� ^ ®
RAINBIRD 1800 90', 180% 270'& 3604
47
12" POP-UP WITH 10' SERIES SPRAY NOZZLE' .
NA
RAINBIRD 44RC QUICK COUPLER VAVLE
8
RAINBIRD 1800 90% 180' 4' POP-UP
12
'�'
WITH 15' VAN NOZZLE
10
z379%1
Co6tractor shall provide 4'-0" wide concrete sidewalk from
t
--i back of existing curb (typical).
.51 j
t' Contractor shall provide concrete sidewalk foil width
'1173 sqA of existing nub to curb opening (typical).
1473.5 sqA
G ; i c ontractor shall provide IV-0" wide concrete sidewalk fran
i 4.. .. back of existing curb (typical). {
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117.3 sgJfL
x
Co fttor shell provide 4'-0" wide concrete sidewalk from i f
i
back of existing curb (typicaQ.
CONCRETE SIDEWALK LAYOUT
0 NEW 4" THIC CONC. SLAB NOT TO SCALL
UNLESS NOTED OTHERWISE
Contraacta shall provide 6-0" wide ooncnte sidewalk from
back of existin curb.
IContraactor shall provide 18" wide X 4" deep concrete
intenance strip as shown. See detad on plans, sheet I (tyl
._._ t Total concrete sglfi
Contractors as ptybvt $' vivid 4,167 mA concrete sidewalk
+.
sidewalk frorh of�;.ij 8 c ( i 183 kft concrete maintenance strip
Ito qJ&
shall provide 4'-0" wide ooncrete sidewalk from
back of existing curb (typical):
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BID SUBMITTAL
LUMP SUM BID CONTRACT
PLACE:
DATE:
PROJECT NUMBER 13434 - NORTHEAST BRANCH LIBRARY LANDSCAPING
Bid of
(hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliancewith your invitation for bids for the construction of a
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract
documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the
intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to
construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the
price stated below. The price to cover all expenses incurred in performing the work required under the contract documents.
BASE BID: Furnish and install new irrigation system (to include all material, equipment, labor, and supervision)
complete in place at Northeast Branch (Parkway Drive and Walnut):
MATERIALS: ($ )
SERVICES: ($ )
TOTAL BASE BID:
ALTERNATE NO.1: Furnish and install trees, shrubs, and groundcovers (to include all material, equipment, labor,
and supervision) complete in place at Northeast Branch (Parkway Drive and Walnut):
MATERIALS: ($ )
SERVICES: ($ )
TOTAL ALTERNATE NO. 1 (Add): ($ )
ALTERNATE NO.2: Furnish and install concrete sidewalldcurbs (to include all material, equipment, labor, and
r- supervision) complete in place at Northeast Branch (Parkway Drive and Walnut), as shown on
irrigation plan:
r MATERIALS: (S )
SERVICES: (S )
TOTAL ALTERNATE NO.2 (Add): ($ )
(Amount shall be shown in both words and figures. In rase of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to
Proceed" of the Owner and to frilly complete the project within 45 (FORTY FIVE) consecutive calendar days thereafter as stipulated
in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of
& $200.00 (TWO HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for
completion of this project, all as more filly sct forth in the general conditions of the contract documents.
r Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction
number 20 of the General Instructions to Bidders.
r Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the
scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans,
specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or
before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in
the contract documents.
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
PM guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (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 Dollars (S ), which it is
agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the
undersigned fails to execute the necessary contract documents and the required bond (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.
E
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents
r' made available to him for his inspection in accordance with the Notice to Bidders.
Contractor
(Printed or Typed Name)
Company
Address
City, County
State Zip Code
Telephone:
Fax Number: (_)
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
LIST OF SUBCONTRACTORS
Minority Owned
Yes No
1.
0 ❑
2.
❑ ❑
3.
❑ 0
4.
❑ 0
S.
❑ ❑
6.
❑ ❑
7.
❑ ❑
❑ ❑
9.
❑ ❑
10.
❑ ❑
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POO
CITY OF LUBBOCK
REQUEST FOR BIDS
FOR
TITLE: NORTHEAST BRANCH LIBRARY LANDSCAPING
ADDRESS: LUBBOCK, TEXAS
BID NUMBER 13434
PROJECT NUMBER: 9932.9251
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
7
INDEX
NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
PAYNM'NT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
CURRENT WAGE DETERMINATIONS
SPECIFICATIONS
SPECIAL CONDITION
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NOTICE TO BIDDERS
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NOTICE TO BIDDERS
BID #13434
Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the
Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 3:00 o'clock p.m. on the 7th
day of December,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:
"NORTHEAST BRANCH LIBRARY LANDSCAPING"
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing
Manager and publicly read aloud.
k It is the sole responsibility of the bidder to insure that his bid is actually in the office of the Purchasing Manager for the City
of Lubbock, prior to the expiration of the date above first written.
Oil The City of Lubbock will consider the bids on the filth day of January,1996, at the Municipal Building, 1625 13th Street,
4 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 10010 of the total contract price in the event that said contract price exceeds
r $25,000.00. Said statutory bonds should be issued by a company carrying a current Beet Rating of B or superior• as the rating of the
bond company is a factor that will be considered in determination of the lowest responsible bidder. 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 five percent (51/6) of the total amount of the bid submitted as a guarantee that
bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) 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. There will be a pre -bid conference on 30th day of November,1995, at
1 9:00 o'clock am., in the Purchasing Conference Room, L-04, Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the
contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to
it in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the
requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
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The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement,
minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid
openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible
format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 767-2291 at least 48 hours in
advance of the meeting.
CITY OF LUBBOCK
vICTOR ir.t
AGER PURCHASING
Bid documents may be obtained upon request from the Pumbasing Department at 162513th Street,
Room L-04, Lubbock, Texas 79401; Telephone (806)767-2167/Faz (806)767-2164.
GENERAL INSTRUMONS TO BIDDERS
a
0
3.
4.
5.
GENERAL INSTRUCTIONS TO BIDDERS
SCOPE OF WORK
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this
project in accordance with contract documents for the NORTHEAST BRANCH LIBRARY LANDSCAPING.
CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents descnbed in the General Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the constriction
of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents.
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.
BIDDER INQUIRIES
No bidder shall request any information verbally. All written requests for additional information or clarification concerning
this bid must be addressed to:
LAURA RITCHIE
BUYER
CITY OF LUBBOCK
P.O. BOX 2000
LUBBOCK, TX 79457
FAX (806)767-2164
TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 45 (FORTY FIVE) 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.
PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract
documents.
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.
8. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will be
furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor
of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the
project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full
responsibility of complying with this provision The specifications for materials and methods set forth in the contract
documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project.
9. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials
and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which
shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature
whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work
as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock).
10. PLANS FOR THE CONTRACTOR
The contractor will be furnished 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.
11. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies,
machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the
work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its
certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract
has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended
contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
12. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04
of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be
incorporated into the work without paying the tax at the time of purchase.
13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to
exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground
structures which might or could be damaged by Contractor during the construction of the project contemplated by these
contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines
and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities
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aforementioned. All such underground lines or structures cat or damaged by Contractor during the prosecution of the work
contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas,
' at Contractor's expense.
14. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take
i 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.
15. 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 uses 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 rare so as not to endanger life or property and the Contractor shall
r further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of
construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be
the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the
site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable
the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however,
shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations.
16. 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.
7 17. 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
fi to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will
u be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the
M,, insurer waiving the right to subrogation.
The insurance certificates finished 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.
18. LABOR AND WORDING 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 fiuther 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
r
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.
19. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this
contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than
once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the
seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible
copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each
day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates
or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The
Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate
of per diem wages, which schedule is included in the contract documents.
The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each
laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is
paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per
diem wages included in these contract documents.
20. PROVISIONS CONCERNING ESCALATOR CLAUSES
Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder
without being considered
21. 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).
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.
22. BOUND COPY OF CONTRACT DOCUMENTS
a
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following:
b (a) Notice to Bidders.
(b) General Instructions to Bidders.
r (c) Bidder's Submittal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
ti (h) Specifications.
(i) Insurance Certificates.
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 arc to be considered incorporated by
r. reference into the aforementioned contract documents.
k
7
a
y{ r .. {` * t fF
BID SUBMITTAL
LUMP SUM BID CONTRACT
PLACE: Lubbock, Texas
DATE: December 14, 1995
PROJECT NUMBER 13434 - NORTHEAST BRANCH LIBRARY LANDSCAPING
Bid of CCW Landscape Maintenance, Inc. (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a Mnrt-.hPP Rt. Rrnnnh
Library LandscaDinE
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract
documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the
intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to
construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the
price stated below. The price to cover all expenses incurred in performing the work required under the contract documents.
BASE BID: Furnish and install new irrigation system (to Include all material, equipment, labor, and supervision)
complete in place at Northeast Branch (Parkway Drive and Walnut):
MATERIALS: Thirteen thousand dollars & no cents (S 13,000.00 )
SERVICES: Eight thousand seven hundred fifty dollars & no/100 8,750.00 )
TOTAL BASE BID: Twenty-one thousand seven hundred fifty dollars (S 21,750.00 )
ALTERNATE NO.1: Furnish and install trees, shrubs, and groundcovers (to include all material, equipment, labor,
and supervision) complete in place at Northeast Branch (Parkway Drive and Walnut):
MATERIALS: Five thousand fifteen dollars & no/100 (S 5,015.00 )
SERVICES: Three thousand three hundred forty-three dollars (S 3,343.00 )
TOTAL ALTERNATE NO. 1 (Add): Eight thousand three hundred fif ty-eight (S 8,358.00
)
dollars.
r+
ALTERNATE NO.2: Furnish and install concrete sidewalk/curbs (to include all material, equipment, labor, and
supervision) complete in place at Northeast Branch (Parkway Drive and Walnut), as shown on
irrigation plan:
SERVICES: One thousand eight hundred seventy-five dollars & no/10 1,875.0n )
r" TOTAL ALTERNATE NO.2 (Add): Seven thousand one hundred ten dollars (S 7.110.00)
1
(Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in. words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to
Proceed" of the Owner and to fully complete the project within 45 (FORTY FIFE) consecutive calendar days thereafter as stipulated
in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of
$200.00 (TWO HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for
completion of this project, all as more fully set forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction
number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the
scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans,
specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or
before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in
the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified
check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to
the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a
guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) days after notice of
award of the contract to him -
Enclosed with this bid is a Cashier's Check or Certified Check for One thousand eight hundred sixtwhus�
($ 1 , 861. 00 or a Bid Bond in the sum of Dollars ($ ), which it is
agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the
undersigned fails to execute the necessary contract documents 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.
r"
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.
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
7
Co cto
L rr Crum
(Printed or Typed Name)
CCW Landscape Maintenance, Inc.
Company
Rt. 11 Box 417-C
Address
Lubbock Lubbock
City. County
Texas 79407
State Zip Code
Telephone: 8( 06 ) 791-0391
Fax Number:( 0 )� 793-9609
1.
2.
3.
4.
s.
6.
7.
S.
9.
10.
LIST OF SUBCONTRACTORS
Lawn Pro - Irrigator
Pd Curhn Cnnetruetinn
Minority Owned
Yes No
0 }a
❑ IR
0 ❑
0 ❑
❑ ❑
0 0
0 ❑
0 0
0 0
0 ❑
No Text
r
r
r
PAYMENT BOND
STATUTORY PAYMENT BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS
GOVERNMENT CODE AS AMENDED
(Penalty of this bond must be 100% of Contract amount)
KNOW ALL MEN BY THESE PRESENTS:
That, CCW Landscaue Maintenance Inc:
(hereinafter called the Principal), as Principal, and MERCHANTS BONDING COMPANY (Mutual), a corpo-
ration organized and existing under the laws of the State of Iowa, with its principal office in the City of
Des Moines, (hereinafter called the Surety), as Surety, are held and firmly bound unto
(hereinafter called the Obligee) in the amount of Thi ray cnvon thnnc-QU i tw- bundred Pi ohtPPn dnl l
Dollars ($ 37218.00 ), for the payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 15
(]gy of Tannary , 19_96-.to #3e ,34 eivi tl}east 3amei---bi-bear?—bassapg--
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 Chapter 2253 of the Texas
Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions
of said Chapter to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
15 day of January , 19 96
Witness:
(If Individual or Firm)
Atte
��4L
(If Corporation)
CCW Lands Maintena a Inc (Seal)
(Seal
(Seal)
(Seal)
Principal
MERCHANTS BONDING COMPANY (Mutual)
�- Surety
By�- (Seal)
1 i
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY
Know Al) Men ByThese Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized underthe laws
of the State of Iowa, and having Its principal office In the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and
appointed, and does by these presents make, constitute and appoint
David Tate,or Charlene Tate
of Lubbock and State of Texas Its true and lawful Attomey-in-Fact, with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in Its behalf as surety:
Any or all bonds or undertakings provided that no bond or undertaking
executed under.thi.s authority shall exceed in amount the sum of
FIVE HUNDRED THOUSAND ($500,000.00) Dollars
i,
and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was
signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney, pursuant to
s
the authority herein given, are hereby ratified and confirmed.
This Powe r-cf-Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of
the MERCHANTS BONDING COMPANY (Mutual).
r+ ARTICLE 2, SECTION 8. — The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attorney -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the
Companythereto, bonds and undertakings, recognizanoes, contracts of indemnity and other writings obligatory in the nature thereof.
ARTICLE 2, SECTION 9. —The signature of any authorized officer and the Seal of the Company maybe affixed by facsimile to any
o■ Power of Attomey or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other
suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though
manually fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by its V'lce President and
7 President, and Its corporate seal to be hereto affixed, this 15th day of March A.D.,19 94
1 Attest: MERCHANTS BONDING COMPANY (Mutual)
k%IG CO
9 _ _ • FOR 4�
By xr
1933
PER VleaPresident �yJ' S.aar.y/l..auw �ti
STATE OF IOWA ••6'�. • . .. , •`;��.
COUNTY OF POLK as.
On this 15th day of March , 19 94 , before me appeared M.J. Long and
W.G. Brundage, to me personally known, who being by me duly sworn did say that they are Vice President and Secretaryffreasurer
respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the foregoing instrument, and that
the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and
sealed in behalf of said Corporation by authority of its Board of Directors.
l In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal, at the City of Des Moines, Iowa the day and year first
above written.
e' TyVaj1
V-,, 44�
...04
.� • Q Notary Public, Polk County. lows
• IOWA •
• ; � My Commission Expires
i a.T •'••• '•e�Q STATE OF IOWA
:� 'QR 1 AV ,• COUNTY OF POLK as.
"••......e.
1, M.J. Long, Vice Presidentof the MERCHANTS BONDING COMPANY (Mutual), do hereby certify #W the above and
foregoing Is a true and correct copy of the POWER OF ATTORNEY, executed by said M1 f ,R"MT�DING
COMPANY (Mutual), which is still in force and effect. .o
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company, at
this day of 19, _mo
�, 19
This power of attorney expires December 31, 1995. • • iy' i �• •'-
MSC 0814
i ,
CL L-] L= L
r
I
t
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
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in
the amount of Dollars ($ ) lawful money of the United States for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the — day of
, 19-, to
and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the
amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
C length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully
perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise
to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of 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 _ day of
19
Surety
By:
` (Title)
7
Principal
By:
(Title)
By:
(Title)
By:
(Title)
t
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
r` 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
I�
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
F
....................................??:;<.:;::.:{:.}::.:.......................................................................................;........................................:...........:....:............. .
..........}'.:.:.;4;.:::•>:.}..::.... :.................... n.}:" ;. , ,' {.. .. ..},.}:•}:•}p:•;»};>;•;:•;;•}}}}}:.}>i};{???•::{.}:.}::.}o-:{.}::;<?{o::::}:.}:: ¢s}:<{ :•>:::};• _ .. ,} •.. .::a: :. :}} :. .. ::. : .:} :: :. :,_:}}}:}>}:}};;}::•»;;o>}>}:•:o-i:}}:<?.}}}}>iii,.:}}:;o:;.>:.}}>o-:;•:?;¢:•.'•>}>}}> ISSUE DATE
:.:: � .: ?.:.}} }�: .;. .i: �. .... .:i.:: '::•. ': .:: .: .: }:- '., '.: is - .i ', :.i::' .i}}}: }::: }i}}:.}:.:;•i:?^}: ii;•!.}: }::.: }}:: }}}}}:.}:?•}}}}}: }:: }::.} .}:.:::: J::: 1�"•v'+rr . ' /
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$%;t¢}v,•}}::?:{•}YrW}P}}}}+7hW%,\•-::::}::-\'v.Y•%fr,L.i}:f}\ti$.ti{:Y{•%i::::::{iCi•%r{Y.$}�::i:::`inti::Si.'ni::v:::h�i{!1!:..Lv:
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
AVID TATE INSURANCE AGENCY CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
,233 7 9TH
UBBOCK TX 79424
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
E (8 0 6) 7 94 —117 7
I
COMPANY AS+
LETGENERAL ACCIDENT
INSURED
CCMPANY B
LETTERFUND
cw Landscape Maintenance
'�OUTE11 BOX 417 C
COMPANY G.
LETTER
'Lubbock TX 79407
COMPANY D
LETTER
(806) 791-0391
COMPANY E
LETTER
- Lr,'{i{4;??:'-i:iiv:k}f:•ti:%}:i::i::i::%:$ :::: •.?$.: ii::f::$ T... r., ..... r:.:::..., ., -: .:.Lv:}:fi}}Y-}}}}:: •if},;}li:::v:}:::: r' v. . ... , ... .. r.. ........::.:.•:: r......... . ........... :: }:.:::: i.. i:.}:.}}:•}. . •}:: $Y •$%«::::}:.{:}:'i•:}:f}: ::$:i:%if:::::i::::::i:::� i:::Lti:::LiY{:$::i:i':::iii:4$
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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.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATM
DATE (MM/DD/YY)
LIMITS
f A
GENERAL LIABILITY
GENERAL AGGREGATE
s6 O O O O O
PRODUCTS-COMP/OP AGG.
s 6 0 0 0 0 0
X COMMERCIAL GENERAL LIABILITY
cLAIMs MADE FX--1 o=)R.
TP P 10 3 6 511
0 4/ O 1/ 9 5
04/01/96
PER30NAL & ADV. INJURY
s 3 0 0 0 0 0
OWNER'S & CONTRACTORS PROT.
EACH OCCURRENCE
s 3 0 0 0 0 0
FIRE DAMAGE (Any one fire)
$ 5 0 0 0 0
MED.EXPENSE(Anyoneperson)
s5000
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE
UMn'
a 300000
BODILY 0 JURY
(Per perem)
s
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
BA010349302
04/01/95
04/01/96
BODLYINJURY
(Per ecddent)
s
PROI3ERTY DAMAGE
s
GARAGE LIABILITY
EXCESS LIABILITY
EACH OCCURRENCE
i
UMBREWIFORM
/ /
/ /
AGGREGATE
s
OTHER THAN UMBRELLA FORM
B
WORKER'S COMPENSATION
AND
EMPLOYERS, LIABILITY
TS F 1114 0 7 0 0
0 5/ 14 / 9 5
0 5/ 14 / 9 6
LIMITSs
EACHSTATUACC D�
5 0 0 0 0 0
DISEASE-PDUCY LIMIT
$
DISEASE -EACH EMPLOYEE
E
1q
OTHER
OCP
UNDER BINDER
01/15/95
04/01/96
250,000
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECWLITEMS
OLICY SUPERCEDES THIS DOCUEMNT. EXCLUSIONS, LIMITATIONS AND ENDORSEMENTS
OF POLICIES SHALL APPLY TO THIS DOCUMENT. AGGREGATE MAY BE REDUCED DUE TO
"LAIMS ***NORTHEAST BRANCH LIBRAY
LANDSCAPING***
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..ity Of Lubbock `'•: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
BOX 2 O O O
Lubbock, Tx 7 9 4 5 7
nTaiver Of Sub. On All Policies
Addinsured On Auto
EXPIRA710N PATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
# MAIL 1 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
}'' LEFT, BUT FAILURE TO MAtL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
?$ AUTHORIZED REPRESENTATIVE
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7,
DAVIDTATEINSS TEi.:SCE7940196 Dec 13.95 17:40 No.015 P.01
61/03/1991 ES:09 6067939M MW LANDSCAPE MAINT. PAGE 61
CmolrLVBROM
IN$URANcE REQUIIi6N m AFmAwr
To Be Camlftd by Appropriate Itltmmm ABmdBrotmr
Prior is Award otCootract
i L the m 6miped AV& Arolmr certify chat the intaranae mqubeno tt eaobiinod In this bld docmnent have been reviewed
i by was ai& the bdew ideati9ed Cmtrsmr. If do belm ideedW Cenlrmw is awarded 06 contract by do, City of
Ubboek. i wM be able to. within ten (It!) days &Am beinS noOod otgu& award by waft=r. Aunbh a valid iesuranoe
' owdscats to the City meodm aU of site rrquh==ts do5ned is d& bWpmpoW.
INOW OfA*=yBM or David Tate Insurance Agency
Addran of ASM*Smkw. 5233 79th
MyBkmazip: ' Lubbock, Texas 79424
A#eWVmkWTsWhm#: ( 8"' ) 794 1177
IDft 12-13-95
CotnU TORUSId&%M. CCW Landsepaa Maintenance Inc. _
I (prWo'T)p)
CONiMCM'SADDRBS& Rt. 11 Box 417C
I
Lubbock, Texan 79407
NOn TO AGEIMBROIM
If tbls time ralth ed b cot apt, the Cky has the dSM to relent thb bld/pmposd and award the eoMraat to
Umew cont►aetor. tryou hm any goeailm mcmdng tbue requl me m. pkm eoatact the Parehasiog
Meager for the Cltr of Lubbock at (806)767-2166.
i
BID 0134H - HQRWAST BRANCH LIBRARY LANDSCA_MM
I�
F
F
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 overage 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 overage 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 overage. 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 covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and
materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or
�^ status as an employee."
"Call the Texas Workers' Compensation Commission at S 12-440-3789 to receive information on the legal requirement for
overage, to verify whether your employer has provided the required coverage, or to report an employer's failure to
provide overage." and
(8) contractually require each person with whom it contracts to provide services on a project, to:
I
F
7
(A) provide coverage based on proper reporting of classification odes and payroll amounts and filing of any
overage agreements for all of its employees providing services on the project, for the duration of the
project;
(B) provide a certificate of overage 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 overage, if the overage 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 overage, prior to the other person beginning work on the project; and
(ii) prior to the end of the overage 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
(Fi) contractually require each other person with whom it contracts, to perform as required by paragraphs
(A) - ft with the certificate of overage to be provided to the person for whom they are providing
services. 0
L- L____: L _ L L_ L.__ L - 'L_ L.-� � L==� L==�z LIJ L=� L--- C
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
r THIS AGREEMENT, made and entered into this 1 lth day of January, 1996, by and between the City of Lubbock, County of
Lubbock, State of Texas, acting by and through David R. Langston, Mayor, them -unto authorized to do so, hereinafter referred to as
OWNER, and CCW LANDSCAPE MAINTENANCE of the City of Lubbock, County of Lubbock, and the State of Texas,
hereinafter termed CONTRACTOR
WTTNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed
by the OWNER. and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby
^, agrees with OWNER to commence and complete the construction of certain improvements described as follows:
BID #13434 - NORTHEAST BRANCH LIBRARY LANDSCAPING - S37,21&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 funds for the performance of the contract in accordance with the bid
submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account
thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas, in the
year and day first above written.
Let,— -)k c"I"',
Secretary 0
Xers res tat
•Wo up • ••
ATTEST:
Corporate Secretary
71
CONTRACTOR:
CCW LANDSCAPE NANCE
By: W44-�
PRINTED NAME:
T=: jOGr°�s�
COMPLETE ADDRESS:
CCW Landscape Maintenance
Rt. 11 Box 417-C
Lubbock, Texas 79407
7
7
GENERAL CONDITIONS OF THE AGREEMENT
F
oft
GENERAL CONDMONS OF THE AGREEMENT
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.
PM 2. 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: CCW LANDSCAPE MAINTENANCE who has
agreed to perform the work embraced in this contract, or to his or their legal representative.
OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to
J013N WEBB, PARK DEVELOPMENT SUPERVISOR City of Lubbock, under whose supervision these contract
documents, including 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.
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
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 Owners Representative is intended; and similarly, the words "Approved," "Acceptable," 'Satisfactory," or words of like
r import shall mean approved by or acceptable or satisfactory to the Owner's Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any
Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents,
but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor.
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.
7
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, famish 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 procures, 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 furnished 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.
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1
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
agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work
which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction
thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of
said Contractor. The Owner's Representatives' estimates and findings shall be conditions precedent to the right to any
action on the contract, and to any rights of the Contractor to receive any money under this contract.
!- 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.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time
such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the
d 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 nbligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor objek 0 ty orders by any subordinate engineer,
supervisor or inspector, the Contractor may within six (6) days make wr a appeal to the Owner's Representative for his
decision.
16. CONTRACTOR'S DUTY AND SUPERINTENDEN('P_,._'��
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the
(� work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's
P Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be
t binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor
is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations
of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all
risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of his agents or employees, or any other persons performing any of the work
17. CONTRACTOR'S UNDERSTANDING
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.
4i
is. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required
under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that
any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be
discharged from the work and shall not again be employed on the work without the Owner's Representative's written
consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and
completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also
understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials,
tools, equipment or machinery or any part of the work until it is finally completed and accepted
The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's
Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be
maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be
constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's
Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location
wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be
contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be
ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in
accordancewith 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.
If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the
Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for
observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be 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.
f
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
r 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.
r
' 23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see St, in the line,
grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the
beginning of the construction, without affecting the validity of this contract and the accompanying bond
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for
damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the
increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity
actually done and at the unit price established for such work under this contract; otherwise such additional work shall be
paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any
work already done or material already fumished 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
The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the
Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work
as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided
under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when
presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor
to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to
the Contractor for performing said extra work shall be determined by the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then
the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) percent.
In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply
and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics
and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used
on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on
account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property
Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the
Owner or Owners 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 Owners Representative. The
Owners Representative may also specify in writing, before the work commences, the method of doing the work and the type
and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless
otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless
otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General
Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be
incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall
cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements
of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or
Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any
orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an
adjustment in the construction time, he shall make written request to the Owner's Representative for a written order
authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to
the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the
work after making written request for written order and shall keep adequate and accurate account of the actual field cost
thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to
arbitration as herein below provided
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the bid, the specifications, plans and other
contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances
necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's
Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents,
he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is
received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully
understands the work to be included and has provided sufficient sums in his bid to complete the work in accordance with
these plans and specifications. It is further understood that any request for clarification must be submitted no later than five
(5) days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work
with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in
writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor
shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of
compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance
company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation
laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and
others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building
and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the
"Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible
with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend,
indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any
character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons
or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the
execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the
failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to
pay any judgment with costs which may be obtained against the Owner or any of its offioers, agents, or employees including
attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent
Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the
Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the
Contractor of 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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28. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General
Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory
to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will
be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the
insurer waiving the right to subrogation. .
The 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.
�., 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 $250,000 Combined Single
Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
. Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
For bodily injuries, including accidental death and or property damage, $250,000 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, $150,000 Combined Single Limit,
to include all (mined 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.
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D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (00/a 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 $0.00 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 0406.096) - 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 any coverage agreements, which meets the statutory requirements of Texas Labor
Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the
duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded
the contract.
4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of
the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage
with the governmental entity showing that coverage has been extended.
5. The contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(b) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project.
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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 ten (10) days after the contractor knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project.
8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the
Texas Workers' Compensation Commission, informing all persons providing services on the project that
they are required to be covered, and stating how a person may verify coverage and report lack of coverage.
9. The contractor shall contractually require each person with whom it contracts to provide services on the
prey, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all of its employees providing services on the project, for the duration of
the project;
(b) provide to the contractor, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project, for the duration of the project;
(c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project; and
(2) a new certificate of coverage showing extension of coverage, prior to the end of the
coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days
after the person knew or should have known, of any change that materially affects the provision
of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by paragraphs
(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.
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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 (10) days after receipt of notice of breach from the governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for
approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of
compliance with the above insurance requirements, signed by an authorized representative of the insurance
company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by such
certificate.
(4) The expiration date of the policy and the Iunit 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 (10) days prior to any change in or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the project
based on proper reporting of classification codes and payroll amounts and filling of any coverage
agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the governmental
entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the contractor's current
certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(ii) no later than (7) 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;
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(e) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter,
(f) notify the governmental entity in writing by certified mail or personal delivery, within ten (10)
days after the contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project;
(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 unposed 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 COMM GE
"The law requires that each person working on this site or providing services related to this
construction project must be covered by workers' compensation insurance. This includes
persons providing, hauling, or delivering equipment and materials, or providing lobor 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 requirementfor 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;
(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
ten (10). days after the person knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project; and
(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 furnish satisfactory evidence that all obligations of the nature hereinabove designated
have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those
designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (S) 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
from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the
Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations,
which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims
arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the
Contractor observes that the plans and specifications -are at variance therewith, he shall promptly notify the Owners'
Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work.
If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without
such notice to the Owner's Representative, he shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the
same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into
contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein.
33. ASSIGNMENT AND SUBLETTING
�^ The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of
i 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
,., contractual agreement.
34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and
time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it
is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be
specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper
r 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 S200.00 (TWO
HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set
forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the
work.
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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
E change and conditions and usual industrial conditions prevailing in this locality.
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The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and
C` extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is
agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for
payments or from final payment.
It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract..
r 35. T1ME AND ORDER OF COMPLETION
l It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be
allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most
conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the
work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications,
and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done,
either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work
done under this contract so that conflicts will be avoided and the construction of the various works being done for the
Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the 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.
it 36. EXTENSION OF TDVfE
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
JJ'~ Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered
1 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
�I
extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for
an extension of time by the Contractor supported by all requested documentation shall then consider such written request
and respond to Contractor in writing granting or rejecting the request for an extension of time to complete the project.
37. HINDRANCE AND DELAYS
In executing the contract 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. QUAN'TITIES 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 arc 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.
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42.
43.
44.
45.
46.
47.
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.
FINAL COMPLETION AND ACCEPTANCE
Within thirtyone (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.
FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and
prepare a final statement of the value of all work performed and materials furnished under the terms of the 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 fully performed his contractual
obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the
Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall
relieve the Contractor of the obligation for fnlfiillment 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.
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.
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 m&tantial completion. The Owner
or the Owner's Representative shall give notice of observed defects with reasonable promptness.
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. T1ME OF FILING CLAIMS
It is farther agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in
writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any
directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to
such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal
from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative
and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of
the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents.
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 hcreto attached, then the Surety on
the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the
Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment,
tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for
work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of
the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra
Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of
such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten
(10) days after service of such notice, then the Owner may provide for completion of the work in either of the following
elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said
Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment,
tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the
Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under
and by virtue of this 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 excess to
the Owner, or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a
general circulation in the County of location of the work, may let the contract for the completion of the work under
substantially the same terms and conditions which are provided in this contract. In case of arty 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
7
50.
51.
52.
L�.
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 rase may be, shall pay the
balance due as reflected by said statement within thirty (30) days after the date of certificate of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the
cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor
and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools,
materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to
complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner
within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the
site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written
notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be
held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect
such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools,
materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale
may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any
machinery, equipment, tools, materials, or supplies which remain on the •jobsite and belong to persons other than the
Contractor or his Surety, to their proper owners.
ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms
within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the
work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been
included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's
Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value
of all work actually completed by said Contractor at the prices stated in the attached bid, the value of all partially completed
work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by
the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the
whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of
the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums
that may be retained by the Owner under the terms of this 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.
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 approved Surety Company authorized to
do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so
furnished.
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.
CURRENT 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.
ne
ecretary
APPROVED T ONTENT:
11
Bi 1 P�yne, D rector of Building
Services
A'.
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B.C. McMINN, MAYOR
APPROVED AS TO FORM:
r)AA r2t.4 %.0
DoInild G. Vandiver, First
Assistant City Attorney
17,
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 B
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
Form Setter
4.75
Form Setter -Helper
6.50
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
Power Line Foreman
Lineman Journeyman
Lineman Apprentice Series
Groundman Series
EXHIBIT D
Prevailing Wage Rates
Overtime Rate
Hourly Rate
$11.00
10.45
8.90
7.25
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.
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Branch Library
Parks Capital Project - 1995
Parks & Recreation Department
City of Lubbock, Texas
SECTION O1 SUMMARY OF WORK
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1. General
1.01 Scope of Project
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A. Contractor shall supply all supervision, perform all work, furnish all labor,
�
tools, materials, equipment, and incidentals necessary to fully and properly
`
perform all work listed, and as described in the plans and specifications.
All construction and other work shall be completed in accordance with all
governing codes and ordinances, with the best engineering and
construction practices, including material Mfrs. recommendations for
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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
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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 amenities do not
suffer due to the work being performed.
1.02 Work Included
A. Section 02 - Product Substitution
l B. Section 03 - Plant Materials
C. Section 04 - Irrigation
1.03 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 construction stakes
for locations of elements at project sites, and give the owner 48 hours to
approve the staking before construction can begin.
C. Bidder shall be prepared to send owner a price breakdown of any and/or all
items he has bid on. Price breakdowns will only be requested after the bid
opening has taken place.
2. Quality Assurance
2.01 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 library 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 library property and shall not drive vehicles across
library 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 library 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 library 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 only. 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. 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.
E. Contractor shall be responsible for protection of unfinished work and shall
be responsible for the safety of library 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.
F. The contractor shall be responsible for all damage to work due to the
failure of barricades, signs, and lights to protect it, and when damage is
incurred, the damaged portion shall be immediately removed and replaced
by the contractor at his own expense. The contractor's responsibility for
maintenance of barricades, signs, and lights shall not cease until the date of
issuance to contractor of City's certificate of acceptance of the project.
G. Contractor shall be responsible for removal, hauling, and disposal of all
construction debris and unusable material from proposed construction
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areas and designated sites as shown on plans and inspecifications. Owner
shall retain the right to any existing materials deemed to have value.
H. Contractor is responsible for inspection of site, to verify all existing
conditions. Contractor shall be responsible to fully and properly complete
all work as described in the specifications and shown on plans.
r" I. To furnish and supply all supervision, equipment, and labor necessary to
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perform excavation, grading, backfill, compaction, and stock piling of
material as specified herein and on the plans.
2.02 Product Delivery, Storage, and Handling
A Protect all materials from inclement weather: wet, damp, extreme heat, or
cold, theft, damage, or vandalism.
B. All manufacturer's labels, installation instructions, and shop drawings shall
be in included for each item ordered.
2.03 Clean-up
A. Demolition debris shall be removed from the site prior to commencement
of construction work
B. Within three days after completion of site, the contractor shall clean,
remove rubbish and temporary structures from the site, restore in an
acceptable manner all property, to It's original integrity both public and
private, which has been damaged during the prosecution of work, and leave
the site of the work in a neat and presentable condition throughout. The
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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
C
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, including
excavated rock material. Area shall be graded back into existing grade
smoothly.
D. All spare parts or other pieces of equipment shall be turned over to the
Owner following completion of the project.
2.04 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
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SECTION 02 PRODUCT SUBSTITUTION
t 1. General
1.01 Work included
A. Section 01 - Summary of Work
B. Section 03 - Plant Materials
C. Section 04 - Irrigation
2. Substitutions
2.01 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.
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2. Product description.
3. Product performance and test date.
4. Reference standards.
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5. Manufacturer instructions for maintenance and repairs.
B.
Request for substitution should be included with the overall bid and will be
considered before contract is awarded.
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.
G.
Bidder shall be prepared to send owner a price breakdown of any and/or
all items he has bid on. Price breakdowns will only be requested after the
{
bid opening has taken place.
2.02 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 layout of the
project.
End of Section
4
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t SECTION 03 PLANT MATERIALS
1. General
1.01 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 perform all work listed, and as described in the plans and
specifications. All construction and other work shall be completed in
accordance with all governing codes and ordinances, with the best
engineering and construction practices, including material mfrs.
recommendations for installation and workmanship, for the skill or
-
trade involved.
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1.02 Related work as specified elsewhere:
t
A. Section 01 Summary of Work
B. Section 02 Product Substitution
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C. Section 04 Irrigation
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1.03 Additional Information
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A. All information under GENERAL INSTRUCTIONS TO BIDDER,
CONDITIONS OF AGREEMENT, and SPECIAL CONDITIONS
apply to this section.
2. Quality Assurance
2.01 Qualifications of Bidder
A. Bidder to have minimum of 3 years experience on projects of similar
characteristics and size.
B. Bidder to furnish, at Owner's request, references of work for
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determination of ability of Bidder to perform work.
C. Bidder to inspect site to become familiar with site conditions prior to
bid. Failure to do so will not relieve Bidder of performing work as
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required in the specifications at no expense to the Owner.
D. Bidder is to provide a specific construction date at the time bid is
received by Owner. Owner understands the time element involved for
the ordering and delivery of plant material by the Bidder. A reasonable
amount of time will be allowed and determined at Owner's discretion.
Failure to provide delivery date of plant material will provide grounds
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for rejection of bid.
2.02 Quality of Plant Material
A. All plant material shall conform to ANSI Z60.1 1990.
B. Plant material shall be true to botanical and common name variety as
specified.
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C. Plant material shall be sound, healthy and vigorous, well branched and
densely foliated (when in leaf), and have healthy, unbroken, well
developed root systems.
D. Plant material shall be free from disease, insects, and defects such as
knots, sun scald, windburn, injuries, abrasions, or disfigurement.
E. All trees shall have straight trunks, unless specified otherwise, and
canopy branches to begin no lower than four (4) feet in height
(evergreen conifers are excluded).
F. All plants shall be container grown and shall have a compact root
system. Plants collected from the wild or balled and potted plants are
not acceptable.
G. Minimum Root Zone Dimensions:
Shade/Deciduous ConiferBroadleafed Evergreen Trees:
1 1/2" caliper - 15 gal. container
2" caliper - 30 gal. container
2 1/2" caliper - 65 gal. container
3" caliper -100 gal. container
H. Container grown material shall fill the specified container, but shall
show no evidence of being or having been root bound.
2.03 Measurement of Trees
A. Trees shall be measured in units of average height in feet and by
average caliper.
B. Trees below four (4) inch caliper to be measured six (6) inches above
ground level. If caliper is greater than four (4) inches, measurements to
be taken twelve (12) inches above ground level.
Product Delivery, Storage, and Handling
3.01 Delivery
A. Deliver all materials to site in original unopened containers bearing
manufacturer's name, trade name, trademark, in conformance to state
law. , .
B. Protect all material during delivery to prevent damage to foliage.
C. Notify Owner of Delivery Schedule in advance so plant material may be
inspected upon arrival at job site.
D. Deliver plants to job site only when planting areas are prepared.
E. All plants delivered to site are to be planted, staked, and receive initial
watering on the same day of delivery.
3.02 Storage
A. Protect all roots of plant material from drying or other possible injury.
B. Take necessary precautions to protect material in adverse weather.
C. Maintain and protect materials not to be planted immediately upon
delivery. The contractor shall be responsible for damage to all materials
which are not planted immediately.
6
3.03 Handling
A. Do not drop plants.
B. Do not damage trunk or crown of container material.
C. Plants shall not be picked up or moved by the branches, stems, or
foliage, but shall be lifted by the container only.
D. Any material damaged in ways described in this section will be replaced
by the contractor.
4. Project Materials
4.01 Plant Material
Refer to 2.2 - Quality of Plant Material. Refer to plan for listings.
4.02 Backfill Material
Top soil shall be considered soil dug from hole, free of rocks of 1"
diameter or larger and mixed with water Retention Soil Additive (see 5.1
B Planting Mixture Ratio).
4.03 Mulching Material
A. mulch to be shredded cypress chips.
B. Chips to be processed through a 2 3/4" to 3" size screen. No material
shall be larger than 1/4" X 1/4" X 4".
4.04 Water
A. Water available on site.
B. Contractor to furnish hoses, if necessary, to transport water.
4.05 Tree Stakes
r A. 8' Metal'T' Stakes shall be used
" B. Stakes shall be painted dark green with paint intended for outdoor use.
5. Mixes
5.01 Planting Mixture Ratio - Container Material
A. Water Retention Soil Additive - To be a cross -linked modified
polyacryamide polymer, 50:1 water absorption ratio, nonbiodegradable,
and pH neutral. (Starch based compounds are not acceptable).
B. 2 1/2 oz. of dry compound per cubic foot of backfill material. Shall be
mixed thoroughly throughout backfill material.
6. Execution
6.01 Site Conditions
A. Site to be inspected regularly to determine continuation of work due to
7 bad weather. Construction will be stopped temporarily, if necessary, by
agreement between Owner and Contractor to ensure best installation
possible.
[ I,
F 7
6.02 Field Measurements
A. Preliminary location of trees to be staked by Contractor at project site
according to planting plan. Contractor to notify Owner for approval of
staking (36) hours before planting process begins. Owner will adjust
plant material locations if necessary.
B. Planting shall begin only after plant staking is approved by owner.
6.03 Excavation for Planting
A. Shape of Pits
1. Vertical scarified sides and flat bottom.
2. Circumference of plant pits to be circular with bottom of hole to be
as shown on planting detail.
B. Size for Trees
1. Two (2) foot wider and six (6) inches deeper than container.
6.04 Obstructions Below Ground
A. Remove rock or underground obstructions to depth necessary to permit
planting.
B. If underground obstructions cannot be removed, notify Owner for new
instructions.
C. Avoid damaging underground utility lines. See General Instructions to
Bidders.
D. Repair damage to existing irrigation system (if applicable) at no
expense to Owner.
7. Planting
7.01 Container Grown Material (for individual plantings)
A. Dig pits two (2) feet wider and six (6) inches deeper than container.
Loosen the soil in the pit bottom, removing rocks, compacted soil, and
other obstacles which could deter good root growth.
B. Fill lower third of pit with soil mixture up to the height that will bring
top of container soil even with the existing soil.
C. Place plant into pit and backfill with soil mixture.
D. Water to allow soil to sink in around roots. Push plant and soil around
roots to remove air pockets and to keep plant straight.
E. Level plant saucer on new plants and restore those on existing plants to
match new saucers so that water can be evenly distributed by drip
emitter within the saucer area. See planting detail for size.
7.02 Mulching
A. Add a 3" specified bark mulch topping (see sec.4.3) on new plant
saucers.
B. Add a 3" ,specified bark mulch topping (see sec.4.3) on existing plant
saucers.
s
7.03 Pruning
A. Prune minimum necessary to remove injured twigs, branches,
deadwood, and suckers.
7.04 Staking
A. Stake all new trees being replaced or added.
B. See specified method on planting detail sheet.
8. Clean-up
8.01 Remove all planting debris such as excess soil, rocks, trash, and other
material from project site.
9. Warranty
9.01 Contractor shall guarantee all container grown material for a period of 1
year beginning at final acceptance date by owner. All defective or dead
plant material shall be replaced by Contractor, as well as all labor
necessary to install new material, and shall be at Contractor's expense.
End of Section
9
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SECTION 04 IRRIGATION SYSTEM
1. General
1.01 Work included:
A. Section 01 - Summary of Work
B. Section 02 - Product Substitution
C. Section 03 - Plant Materials
2.01 Qualifications of Bidder -Licensing
A. Bidder shall be a registered Contractor and be a licensed irrigation installer
in the state of Texas or from the state where Contractor is based. Out of
state licensing shall only be acceptable if the licensing state shares
reciprocity with Texas. License will be verified by city staff prior to
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issuance of building permit. A licensed irrigator or installer shall be on the
job site at all times irrigation work is in progress.
B. Bidder shall have satisfactorily completed a minimum of 3 comparable size
automatic systems and be prepared to provide written references from
each.
C. Owner reserves the right to reject any bid if bidder is not qualified based on
the above given criteria.
2.02 Codes and Standards
Bidder to conform to all local, state, and federal codes and ordinances.
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2.03 Discrepancies
It is the intent of this contract that all work must be done and all material must
be furnished in accordance with the generally accepted practice of the area, and
in the event of any discrepancies between the plans and specification arise or
doubts as to the meaning and intent of any portion of the contract, the Owner
shall define which is intended to apply to the work.
F
Site Conditions
3.01 Examination of Sites
Bidder shall visit the project site and compare drawings and specifications to
actual site. Failure to do so will in no way relieve the successful Bidder from
the responsibility of completing the project in accordance to project
specifications at additional cost to the Owner.
3.02 Utilities
A. Contractor's attention is directed to the fact that other underground utility
lines may exist that Owner is not aware of. It is 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.
B. Water Supply (if applicable) - Meter or other water source already
installed. Contractor is responsible for hook-up from meter to system.
C. Electrical Power Supply(if applicable) - Power to the meter box to be
installed by Contractor. Contractor shall set the meter box. Contractor
shall run power to the controller. Contractor must satisfy City of Lubbock
electrical codes for hook-up. Contractor is required to have a licensed
electrician provide the electrical hook-ups.
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D. Bores ( if applicable) - Contractor is responsible for bores and sleeving
necessary to go under city streets to provide any utility service to the
project site. Bored holes shall be of the smallest diameter which will permit
installation of encasement pipe. Pipe sleeving under city streets shall be 16
gauge smooth steel pipe with a minimum wall thickness of one -quarter
(1/4) inch. Irrigation lines crossing sidewalks shall be sleeved with PVC
pipe. Pipe to be large enough for irrigation pipe and conduit for electrical
control wires (if necessary).
4. Field Quality Control
4.01 Responsibility of Materials
Contractor shall be responsible for all materials furnished by him and shall
replace at his own expense all material found to be defective in manufacture or
if it has become damaged in handling after shipment.
4.02 Responsibility of Property
A. Contractor shall be responsible for the protection and preservation of all
plant material, monuments, and structures during installation. Any damage
shall be repaired or replaced by Contractor at his own expense to the
satisfaction of the Owner.
B. All trenching or any excavation is to be no less than six (6) feet from the
trunk of any plant material. If questions arise, Contractor shall contact
Owner for clarification.
4.03 Barricades and Protective Measures
A. Contractor shall be responsible for the protection of unfinished work.
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.
B. 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.
5. Submittals
5.01 Shop Drawings
Contractor shall submit shop drawings to owner before any irrigation
installation has begun. Shop drawings to include complete layout and detail
drawings illustrating the location and type of all heads, valves, piping circuits,
controls, and accessories.
5.02 Maintenance Materials
At completion of job Contractor shall furnish spare parts, special tools, and
equipment required to operate and maintain system.
5.03 Maintenance Data
Contractor shall furnish two (2) copies of parts list and repair manuals for
controllers, valves, and heads.
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5.04 Project Record Document
Contractor shall prepare an "as -built" plan of system after final check. Work to
be done on vellum paper with legend describing symbols for equipment (check
with owner for 3.5" diskette option). "As -built" plans shall be accurate.
Inaccurate plans will not be accepted. Final payment will not be made until "as -
built" plan is submitted to Park Development staff.
6. Products
6.01 Performance of Specified Material
A. All specifications given for materials are based on the performance of the
equipment. This is to insure the integrity and proper hydraulics that the
system is designed for. If bid material does not conform to given
performance specifications, the bid will be rejected by Owner based on
grounds that proper function of system could not be maintained by using
equipment that does not meet the performance specifications required.
B. All material to be new, unused, and current.
C. All material must be a standard product of a manufacturer.
D. Contractor shall provide performance records to verify equipment
capabilities.
6.02 Materials
A. PVC Pipe
All polyvinyl chloride pipe shall be class 200, SDR 21 un-plasticized
polyvinyl chloride, Type I, Grade I, except when using a pump. When
using a pump, refer to the following chart.
PIPE SIZE CHART
Pipe Size Schedule/Class
1/2" 315
3/4" 200
1" 200
11/4" 200
11/2" 200
2" 200
2 1 /2" 200
3" 200
4" 200
6" 200
B. Fitti(USE ONLY WITH PUMP)
n s
1. Epo Coated Main Line Fittings:
a. Ail supply line fittings shall Be manufactured from electric -resistance
welded tubing with a minimum of 42,000 PSI tensile strength. All
tubing used to produce fittings shall meet ASTM-135 or ASTM-
513 tubing specifications.
i, 2" are .065" wall (16 gala
H. 2-1/2" through 8" are .08 " wall 94 gal.)
iii. 10" throu h 15" are al.
b. Epoxy Powder shall be electrostatic applied to all surfaces then
baked at 350 degrees to a full cure. The fittings shall be double
coated to insure an average coating thickness of 317 mules.
c. The contractor shall inspect the epoxy coating fitting to insure no
cracks, nicks, splits, scratches or fractures to the interior are
present. These abrasions will not be tolerated.
d. Fittings with abrasions to the exterior epo coating shall be
approved by the Owner. The contractor shN be responsible to
correct any small abrasions with a corrosion preventative product
51 and 50 scotchrap by 3-M or approved equal, before being
wrapped with the felt or equal.
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e. The contractor shall be responsible to maintain the integrity of the
fitting to insure that the epoxy coating does not get damaged during
installation.
f. All fittings to pressure rated for 200 PSI maximum working
pressure.
g. Gasket shall be designed for pressure and vacuum with maximum
deflection (ASTM 17-477).
2. All pipe must have manufacturer's markings clearly printed on them
during installation.
3. All class 200 pipe must conform to ASST. D-2241.
4. All piping under four (4) inch shall be solvent weld.
5. All piping over four (4) inch shall utilize belled ends or belled couplings
using rubber gaskets in twenty (20) foot laying lengths.
6. All fittings for 4" or larger mainline shall be epoxy coated steel.
7. PVC Fittings
a. Schedule 40 fittings must conform to ASTM D-2466.
b. Schedule 80 fittings must conform to ASTM D-2464.
C. Tubing I
1. 1/2" polyethelyne tubing- Rainbird R8-600
2. All tubing shall be installed with barbed or compression fittings.
D. Tubing Fittings
1. 1/2" Tee- Rainbird RB-22
2. 1/2" Connector- Rainbird RB-21
3. 1/2" Hose Closure- Agricultural Products, Inc. 700-AP8
E. Drip Emitter Heads
1. Olson Irrigation Products
2. Hardie Turbo -Key SC, #DPJ08, 2GPH
F. Swing Joints
1. Nipples: Schedule 80 with molded threads on both ends. (unless
specified otherwise in construction details
2. Elbows: (90 degree) Schedule 40 FIPT X FIPT.
3. Pre -fabricated swing joints are not acceptable.
4. Lateral line fittings: Schedule 40
G. Valves
1. Double check with double gate valves (back flow prevention).
(Wilkins 2" or "approved equal")
a. Two independently operated spring -loaded pop up type check
valves.
b. Two gate valves - screw type
c. Main case shall be epoxy coated inside and outside and consist of
four test cocks which provide for in -line testing and maintenance.
d. Stainless steel springs and corrosion resistant materials shall be used
through -out.
e. Check valve to be accessible from top of device without removing
check valve body from line
f. Install Double Check Valve with unions of appropriate size before
and after valve.
g. Valve to be placed on threshold nipple a min. of 12" in length
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2. Manual Control Gate Valve
a. All gate valves shall be resilient seat, iron body, bronze mounted
throughout and shall meet all requirements of AWWA C 509. The
valves shall be of the type of joint used in the piping. All valves
` shall open by turning to the left, and unless otherwise specified shall
have non -rising stem when buried and outside screw and yoke when
exposed. Gate valves shall be furnished with a two-inch operating
nut when valves are buried and shall be furnished with hand wheels
when exposed. Gate valves shall be furnished with O-ring stem
�- packing.
3. Quick Coupler Valves (Rainbird 44RC or "approved equal")
a. Single lug, 2 piece body, heavy cast bronze
b. Standard cover
c. Installed with min. 10" diameter concrete doughnut. (For 1"
valves) Donuts shall be installed flush with finished ground level
and shall not shift when walked upon.
d. Contractor shall supply the Owner with three (3) valve keys per site.
4. Section Valve (Weather-matic 8024 BCR-20 2", or "approved equal')
a. Direct burial, remote control electric valve normally closed
b. Solenoid - Waterproof molded epoxy resin construction having no
carbon steel components exposed
c. Actuator - Stainless steel enclosed in a watertight protection capsule
with a molded in place rubber exhaust port seal. Spring shall be
stainless steel.
d. Diaphragm - Dual ported, made of nylon reinforced Buna-N rubber
e. Flow adjustment system.
f. Cold water working pressure -150 P.S.I.
g. Bronze body and cover with stainless steel cover bolts.
H. Valve Boxes
1. Double Check Valve Boxes
a. Supplied by Contractor
b. To be installed by Contractor
c. Minimum Dimensions: 24" x 18" x 36" deep, molded plastic.
Extensions shall be used as necessary to bring valve box to grade
and shall be compatible with box to achieve depth required (no
bricks shall be used).
d. Bolt -in in green lid with cover lift holes (rectangular, lid shall have
snap lock tab closure).
I. Sprinkler Heads (if applicable).
1. Specified Head #1 (Rainbird 1800 Series or "approved equal')
a. Head: Shall be Rainbird 1800 with PRS option. Non -corrosive
cycolac and stainless steel construction.
b. pop-up design with pressure regulation.
c. Nozzle: 1800 Series with (MPR) matching precipitation rate
nozzles.
d. Screen: 1800 Series with (PCS) pressure compensating screens.
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2. Specified Head #2 Toro model 640 for flow rates ranging between 9
and 25 gpm, or approved equal. Sprinklers shall be pop-up type with
gear drive for full circle and part circle coverage. The final gear drive
and bull gear drive shall be made of stainless steel and brass. The
nozzle and drive assembly hall also be encased in stainless steel .
Sprinklers shall be mounted up to 1/2 inch below finished grade.
J. Controller. Weather-matic LMC24 with 24 stations or "approved equal'.
The device shall be micro -processor based, solid state electronic in
operation. The control panel shall provide micro -processor programming
for day/date, station start times and duration of watering times. Clock and
calendar shall be solid state. Back-up power shall be provided by
rechargeable N:Cd type batteries which shall retain all user entered data.
The control panel shall have two (2) watering programs. Controller shall
not have fuses or circuit breakers which would shut down watering in the
event of a shorted valve. The controller program shall include a short
sensor to advise the operator that a valve short exists. The controller shall
be housed in an industrial -grade heavy -gauge steel housing with hinged
cover, two side latches and cylinder lock. Controller is to be grounded
with solid copper grounding rod adjacent to the controller. Contractor
shall install electrical surge protection for each controller. The Owner will
provide power (120V) to the controller. The station ability of the
controller shall be as indicated on drawings.
K. Screen Filter (if applicable)
1. Shall be Agricultural Products, Inc. 4E-1" or approved equal
2. Spin clean screen filter
3. All stainless steel screen- 150 Mesh Size
L. Lightning Arrestors with Grounding Rods (if applicable)
1. Arrestor to be installed at controller by Contractor. Lightening rods
shall be installed by contractor.
2. Ground Rods -Copper coated steel using copper coated or bronze one
piece clamps.
M. Control Wiring
1. All 24 volt wiring to be 12 AWG-annealed copper, Baron UF, 600 volt,
PVC coated UL approved direct burial.
2. All wire to be single stranded, one wire for each electric valve and a
common wire.
3. All control wires to be installed at minimum depth of 18" and directly
alongside any pipe if the same ditch is used.
N. Control Pressure Pump Station (if applicable) Not Applicable
O. Miscellaneous Equipment
1. Wire Connectors
a. Shall be 3M model DBY.
b. Provide moisture -proof connection for underground wiring.
2. PVC Solvent and Primer. Solvent used on PVC pipe shall be of type
approved by both the manufacturer of the pipe and manufacturer of
fittings. Primer used shall be type approved in same fashion. Primer
will be color tinted.
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r3, Thrust Blocks. Concrete "ready -mix" - 3,000 PSI. in 28 days with 3
number 3 rebar installed. To be placed at all angles and terminal ends
r.. of 2 1/2" or greater pipe. To be placed at all angles (90's, 45's, tees)
I and at terminal ends of pipe: (Refer to Thrust Block detail) Thrust
blocks must be installed against the pipe and extend to an undisturbed
vertical wall of the trench.
7. Execution
7.01 Handling of Materials
Contractor shall exercise care in handling, loading, and unloading of all
equipment. All PVC pipe, fittings, and other equipment shall be adequately
covered and protected from the elements. Pipe and fittings also shall be
transported in such a fashion as to be protected from excessive bending and
from external, concentrated load at any point.
7.02 Trenching
A. To have straight, flat bottoms and of sufficient depth for sprinkler head and
operable swing joint
B. Depth of Trench
1. 4" pipe or smaller - 18" minimum cover.
2. Pipe larger than 4" - 24" minimum cover.
C. Pipe pulling is not acceptable.
7.03 Laying of PVC Pipe
A. Pipe to be snaked from side to side of trench bottom to allow for expansion
and contraction of pipe.
B. All foreign matter to be removed from inside of pipe prior to joining. Keep
clean during laying operations by means of plugs or other approved
methods.
C. All lumber, rubbish, and large rocks shall be removed from the trenches.
Pipe shall have firm, uniform bearing for the entire length of each pipe line
to prevent uneven settlement.
D. When trench is cut through rock or rock ground, the pipe must be bedded
three inches on all sides with approved sand. Owner to determine both
need and quality of sand bed.
E. Do not lay pipe in water, or when trench or weather conditions are
unsuitable for work.
F. When work is not in progress, securely close open ends of pipe fittings so
that no trench water, earth, or other substance will enter pipes or fittings.
G. Take up and relay any pipe that has the grade or joint disturbed after
laying.
H. Fittings at bends in the pipe line and at ends of lines shall be firmly wedged
against the vertical face of the trench, but not against rock.
I. Thrust blocks to be used. (See 7.4 Thrust Blocks)
J. Make joints in all screwed fittings by applying Teflon tape on male threads.
Use of Teflon dope is prohibited.
L. Where threaded PVC connections are required, use threaded PVC
adapters.
M. There shall be no less than nine (9) inches of pipe between any two
fittings, except for close nipples used in swing joints.
N. No cross tees or street ells are to be used at any time.
O. On cut pipe, all burrs to be removed, tees and pipe to be cleaned, and
primer and solvent applied as to standard application process.
P. After pipe has been solvent weld, do not apply water pressure for a
minimum of twenty-four (24) hours.
Q. All pipe shall be installed so that manufacture's markings are facing in the
up position.
R. Excess PVC Solvent shall be removed from joints before drying to prevent
pipe weakening. Pipe connections made with excess solvent will not be
accepted.
S. The owner must be given twenty-four (24) hour notice before pipe trenches
are covered so that owners representative may be present for inspection.
After pipe system has been inspected and approved, trenches may be
closed.
7.04 Installation of Valves (gate, double check, and section valves.)
A. Install all new valves on a level grade with the mainline. Valve boxes shall
extend a minimum of 3" below bottom of valve. Valve box extensions
shall be used as necessary and shall be compatible with the valve box.
B. Install double check valve with PVC unions before and after valve as
shown on detail.
C. PVC unions shall be used for all connections through the exit side of the
section valve.
D. After installing valves and valve boxes, backfill holes with 3" min. washed
gavel 3/4" in size up to bottom of valve.
E. Quick coupler valve to be installed on double swing joint as specified on
plans. Top to be flush with finish grade.
7.05 Sprinkler Heads
A. All sprinkler heads to be installed at spacing indicated on plans.
B. Install heads so that top of head is slightly above ground level to allow for
settling.
C. All sprinkler heads to be set to proper arc by Contractor.
D. All heads to be installed six (6) inches from back of curb or sidewalk.
7.06 Emitter Heads
A. All emitter heads to be installed at spacing indicated on plans.
B. All emitter heads to be installed on 1/2" or 1/4" tubing as indicated on
plans.
C. Install emitter heads so that top of head is slightly above ground level to
allow for settling.
D. All emitter heads to be located near to center of tree saucer as possible.
E. All emitter heads to be installed so that entire tree saucer area is evenly
watered.
F. Figure 8 hose closures to be located just beyond emitter.
7.07 Flushing
A. The mainline and valves will be flushed after installation. Full working
pressure must be used to flush all lines. On a loop system the two valves
the greatest distance from the water source will be opened. On any other
configuration of mainline, the last valve on each mainline will be opened for
flushing. The Owner's representatives must be given twenty-four (24)
hours notice before flushing begins so they may be present for inspections.
After mainlines have been inspected and flushed the lateral lines may be
installed.
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B. The lateral lines will be flushed just prior to emitter head installation.
Flushing procedure will consist of pointing all swing joints away from ditch
line to prevent contamination. The next step is to open the valve with full
working pressure and begin capping each swing joint with a threaded cap,
beginning with the swing joint closest to the valve and ending with the
swing joint the greatest distance form the valve. Twenty-four (24) hour
notice must be given to Owner's representatives for inspection.
C. Flush pipes until free of all rock, dirt, trash, pipe shavings, and debris.
7.08 Leakage Test
A. After pipe is laid, line to be pressurized and all air expelled from line at
highest point of each section.
B. Each line to be inspected for leaks. Any joints showing leaks shall be
repaired and any cracked or defective pipes or fittings shall be removed and
replaced with good material.
7.09 Backfill
Trenches to be backfilled with the excavated earth from trench work. All
rocks and debris to be removed and no item larger than two (2) inch diameter
to be placed back in trench. A warning tape to be placed approx. 6" above the
top of the pipe or 2nd wire for the entire length of the exposed area. Backfill is
to be compacted and flooded to settle trench. Contractor shall add more
backfill if needed to bring trenches to existing grade.
7.10 Controller (if applicable)
A. Contractor to locate controller as indicated on plans.
B. Contractor shall install a concrete slab four (4) inches thick flush to ground.
Owner will provide and Contractor will install prefabricated metal rain tight
box for Contractor to install controller in. Contractor shall install
grounding rod through concrete slab.
C. Contractor shall install rigid conduit from edge of slab, ell up through and
attach to controller box. One conduit for power source; one conduit for
common/section wires.
D. Power wire conduit to be 3/4" diameter rigid conduit to meet city code.
E. One duplex plug shall be installed in the controller box.
7.11 Wiring
A. Control wires from controller to valves shall be laid in sprinkler line
trenches (if applicable -wiring to be installed along wiring route on plan).
B. Control wires to be taped together every twenty (20) feet along trench.
C. Expansion loops shall be made every 50 foot length of wire run by
wrapping at least five (5) turns of wire around a one (1) inch rod or pipe,
then withdraw the rod.
D. All wire connections or splicing work shall have moisture proof
connectors, and their location must be denoted on the as -built plan.
Contractor shall minimize amount of splices.
E. Common valve wiring shall be white through entire system.
F. Section valve wires shall each be a separate color up to nine (9) different
colors. Each section must maintain consistent color from controller to
valve. White wire may not be used as section wire.
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7.12 Lightning Arrestors and Rod
A. A lightning arrestor and rod shall be installed at each controller. The rod
shall be installed by the contractor and placed within the concrete slab
below the controller.
B. Rod shall be copper coated steel, minimum 8 feet long and 5/8" diameter.
C. Rod shall have minimum resistance of twenty five (25) OHMS or less.
D. Rod to be connected to controller by a copper coated or bronze one piece
clamp.
E. Wire used to connect controller to lightning rod shall be 6 gauge solid
copper wire or one gauge larger than power wires, whichever is largest.
8. Inspection/Acceptance
8.01 Preliminary Inspection
When all initial installation is done and all incidentals necessary to the proper
function of the system is done Contractor shall request Owner to walk through
system and visually check the operation of the system. At this time Owner and
Contractor will discuss repairs that may need to take place.
8.02 Final Inspection
After preliminary inspection has taken place and all corrections and repairs
have been completed by the Contractor, Contractor and Owner will again walk
through system to check operation. This procedure will be repeated until
system operates to Owner satisfaction. At this time Owner will accept system
from Contractor. An acceptance form will follow from Owner to Contractor.
9. Cleanup
9.01 Removal of Site Debris
Contractor shall:
1. Make final clean-up of all parts of work.
2. Remove all construction material and equipment.
3. Prepare site in an orderly and finished appearance.
4. Remove from site any rock or extra dirt that resulted from this and
restore site to its original condition.
10. Guarantee
10.01. Contractor shall:
A. Make all needed repairs or replacements due to defective workmanship or
materials for exactly one (1) year following date of final acceptance.
B. Be responsible for all expenses necessary for repairs and replacement.
C. Pay all expenses incurred if Contractor fails to act upon a request from
Owner for repairs to system. If Contractor fails to do work within ten (10)
days after request has been made by Owner, Owner will proceed with
repairs and charge all expenses to Contractor.
D. Pay for expenses incurred to project due to vandalism prior to final
acceptance.
10.02. Owner shall pay for all expenses incurred due to vandalism after final
acceptance.
End -of -Section
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