HomeMy WebLinkAboutResolution - 5085 - Contract - Lone Star Dirt & Paving - Mccullough Park Jogging Track - 01_25_1996Resolution No. 5085
January 25, 1996
Item #24
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract and all related documents by and
between the City of Lubbock and Lone Star Dirt and Paving of Lubbock, Texas, to furnish and
install all services and materials as bid for the McCullough Park Jogging Track, for the City of
Lubbock, which contract is attached hereto, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied hei
Passed by the City Council this
ATTEST:
Betty Nlq Jo-hnson,VCity Secretary
APPROVED AS TO CONTENT:
Victor Kilman, urchasing Manager
APPROVED AS TO FORM:
Bronald G. Vandiver, Fi:
Assistant City Attorney
dp:ccdocs\lone.res
January 12, 1996
RESOLUTION NO. 5085 Jan. 25, 1996
MAILED TO VENDOR: DECEMBER 29, 1995
CLOSE DATE: JANUARY 3,1996 @ 3 PM
NEW CLOSE DATE: JANUARY 9,1996 @ 4 PM
BID #13448 - MCCULLOUGH PARK JOGGING TRACK
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.
Section 06 Irrigation System, Sub -section 2.1 Qualifications of Bidder -Licensing,
Letter B, reads as follows:
"Bidder shall have satisfactorily completed a minimum of 3 comparable size automatic
systems and be prepared to provide written references from each"
The City of Lubbock will accept the requirement of the bidder having three (3) years of
experience, in lieu of the three (3) comparable sized automation irrigation system projects. The
bidder must provide at least three (3) references (from past experience) that involve automatic
irrigation systems. (size does not matter).
2.. Section 05 Track Surface, Sub -section 2. Material, shall be changed to read as follows:
` 2.01 Track surface shall be of the following:
A. Red Dog Cinder track Mix:
1. Base Course 3"
(Crushed Caliche)
The material for the caliche shall consist of limestone calcareous clay
particles, with or without stone, gravel, conglomerate, sand, or other
granular material. All the acceptable material shall be screened, and
the over sized material shall be crushed and returned to the screened
material again in such a manner that a uniform product will be
produced.
The material•will conform to the requirement as follows:
No. 40 Sieve Percent Retained 55 - 75 percent
1-1/2" Percent Passing 100 percent
f!
Liquid Limit - 45 Maximum
Plasticity Index - 15 Maximum and 3 Minimum
'.,. Linear Shrinkage - 10 Maximum
2. Red Dog top course 3"
TOTAL 6"
B: Compacted Sub -base 90%.
C. Concrete Curb - Refer to Section 04 - Concrete Work
'.• All requests for additional information or clarification must be submitted in writing and directed to:
LAURA RITCHIE
BUYER
PM
City of Lubbock
t;.. P.O. Box 2000
Lubbock, Texas 79457
' Questions may be faxed to: (806)767-2164
THANK YOU,
LAURA RITCHIE
BUYER
PLEASE RETURN ONE COPY WITH YOUR BID
MAILED TO VENDOR: December 20,1995
CLOSE DATE: January 3,1996 @ 3 PM
BID #13448 - MCCULLOUGH PARK JOGGING TRACK
ADDENDUM # 1
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. Please submit your bid on the enclosed revised BID SUBMITTAL FORM.
2. Section 06, 7.3, add the following:
T. All 3" valve lines shall `T' into new laterals with PVC 200 psi compression
couplings, and poured -in -place thrust blocks with 3000 psi concrete. Wrap
couplings with 30 lb. roofing felt.
3. Section 06, 6.2, D, delete the following:
1. Section valves: Weather-matic 11000 CR series ..........
and add the following:
1. Section Valves: Weather-matic 8000 BCR-15 and 20 series..........
4. Section 6.2, C, add the following"
5. Contractor shall install new fittings and swing joints at all Rainbird 1804
irrigation heads and relocated Toro irrigation heads.
5. On the plans, sheet 1 of 2, add the following "Existing valve location plan." (enclosed)
6. On the plans, sheet 1 of 2, detail 4 & 5, delete the following note:
New 6" x 8" conc. shall be level and at an even grade with existing curb, 3000 psi conc.
with fibermesh fill, 1/2" radius comers, 2 #4 rebar 2-1/2" from center, continuous and
tied lengthwise.
and add the following:.
New 6" x 6" conc. shall be level and at an even grade with existing curb. 3000 psi conc.
with fibermesh fill, 1/2" radius corners, 1 #4 rebar centered, continuous and tied
lengthwise.
7. Pipe Sizing Chart
Size No. # of heads
1.25" 1
1.50" 2
2" 3
2.5" 4-6
3" 7-8
4" 9 - 10
All requests for additional information or clarification must be submitted in writing and directed to:
LAURA RITCHM
BUYER
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Questions may be faxed to: (806)767-2164
THANK YOU,
&�Lf a�RITCHIE
BUYER
1 PLEASE RETURN ONE COPY WITH YOUR BID
i
'1
SPA
I
PM
i
PLACE:
BID SUBMITTAL
LUMP SUM BID CONTRACT
I DATE:
PROJECT NUMBER: 13448 - MCCULLOUGH PARK JOGGING TRACK
Bid of (hereinafter called Bidder)
7' To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
i
6
Gentlemen:
f The Bidder, in compliance with 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
Pr" intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to
4 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.
r
t BASE BID Furnish and install a jogging track and irrigation system (to include all material, equipment, labor, and
supervision) complete in place at McCullough Park (88th and Flint)
i
MATERIALS: (S )
4
SERVICES: (3 )
TOTAL BID: (� )
(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 fiilly complete the project within 60(SIX'I'I') working 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 working 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 21 of the General Instructions to Bidders.
t Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding.
rp
P"
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 (S% ) 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 Dollars
(S ) or a Bid Bond in the sum of DollaTs (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 arty) 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.
i 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.
Authorized Signature
(Printed or Typed Name)
Company
Address
City, •County
State Zip Code
Telephone: (�
Fax Number: (ice
(Seal if Bidder is a Corporation)
FATTEST:
TSecretary
LIST OF SUBCONTRACTORS
Minority Owned
Yes No
1.
❑ ❑
2.
❑ ❑
3.
❑ 0
4.
❑ 0
S.
❑ ❑
6.
❑ ❑
7.
❑ ❑
8.
❑ 0
9.
❑ ❑
10.
❑ 0
TYPICAL ZONE SIZING
FOR TORO 640 HEADS
� ZONE 8-4 d�
1"4 r - - — - — - - — - — - — - — - -
ZONE B-1
2' I \
EXISTING 4' MAINLINE LOCATION "\
2112" I "�
EXISTING YEATHER-MATIC 8024E
2�EATOES(11)3bALYLSINI
'
ZONE B-3 `
2' ,
I �
I'
I ' ZONE B-2
19
I
11"4 � I II EXISTING PLAYGROUND
I
0'
I '
I EXISTING PAVLION
ZONE B-2 ' EXISTING COU T
a —
I'
I iL ZONE B-3
EXISTING 4' MAINLINE LOCATION I
-
I
----------------- __ ----
ZONE B-1 � // -1 ZONE B-4- — - — - — - f
n
u
i
CITY OF LUBBOCK
REQUEST FOR BIDS
FOR
TITLE: MCCULLOUGH PARK JOGGING TRACK
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 13449
PROJECT NUMBER 9098.9246
CONTRACT PREPARED BY: PURCHASING DEPARTMENT'
F
INDEX
1. NOTICE TO BIDDERS
2. GENERAL INSTRUCTIONS TO BIDDERS
3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
4. PAYMENT BOND
S. PERFORMANCE BOND
6. CERTIFICATE OF INSURANCE
7. CONTRACT
8. GENERAL CONDITIONS OF THE AGREEMENT
9. CURRENT WAGE DETERMINATIONS
10. SPECIFICATIONS
11. SPECIAL CONDITION
r
r
NOTICE TO BIDDERS
r
NOTICE TO BIDDERS
BID #13448
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 3rd
f day of January,1996, 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:
"MCCULLOUGH PARK JOGGING TRACK"
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing
Manager and publicly read aloud.
It is the sole responsibility of the bidder to 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.
The City of Lubbock will consider the bids on the 25th day of January,1996, at the Municipal Building, 1625 13th Street,
` Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any
formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government
Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $ 100,000 and the successful
bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 1001/0 of
the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company
carrying a current Best Rating of B or superior, as the rating of the bond company is a factor that will be considered in determination
of the lowest responsible bidder.
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, 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 (5016) 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 20th day of December,1995, at
91 10:00 o'clock a.m., 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
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
j� heretofore established by owner in said wage scale.
11 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
. -J--
�& VICTOR
PURCHASING MANAGER
r�
Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street,
Room 1A4, Lubbock, Texas 79401; Telephone (806)767-2167/Fax (806)767-2164.
F
1'
GENERAL INSTRUCTIONS TO BIDDERS
F i
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 MCCULLOUGH PARK JOGGING TRACK.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction
of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the
contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of
forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders.
4. BIDDER INOLTHUES
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
5. TM E AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 60 (SIXTY) working 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.
6. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract
documents.
7. AFFIDAVITS OF BILLS PAID
W, 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.
I,
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
P"
r
and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities
aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work
contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas,
at Contractor's expense.
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
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 Contractors 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 cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for
all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are
authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall
further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of
r construction activity.
i
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.
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
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.
is. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these
contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of
a
r�
general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the
requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above
mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem
wages in these contract documents does not release the Contractor from compliance with any wage law that may be
applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays
unless the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its
citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the
penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract
within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the
Owner's Representative not less than three fiill 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 ESCALATION CLAUSES
Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder
without being considered.
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 fiu-nish 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
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Submittal.
(d) Statutory Bond (if required).
(e) Contract Agreement-
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
6) All other documents made available to bidder for his inspection in accordancewith the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by
reference into the aforementioned contract documents.
L_._. L.4 L-_... L- L- L_- L- L.w.. L-. L_..._
it
BID SUBMITTAL
LUMP SUM BID CONTRACT
p PLACE:M"MICiPAL QAti-OWL 0P,,rLkas+A.5 /1 AOUAojr2 )
i DATE: ido, i - D°t -1i 4,
PROJECT NUMBER 13448 - MCCULLOUGH PARK JOGGING TRACK
Bid of L o N C S r A A. a l its i PA u% N G (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) .
` Gentlemen:
P"r
The Bidder, in compliance with your invitation forbids for the construction of a _Ala 64 u e •1 c N
J 0C C # Svc. 2ACA B to 1* 13 tqR
" having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract
e, 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 a jogging track and Irrigation system (to include all material, equipment, labor, and
supervision) complete in place at McCullough Park (88th and Flint)
MATERIALS: S r r i.1 F .. •t -i tu,:� s a •,a( �.,,� �...,,� r.Ea n�c 1 l
cv 5� S.oc
SERVICES: 'k % r.6 v iv a Ua"
TOTAL BID: (s em .'1 o c ` ' )
(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 60lSIXTY) working 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 S200.00 (TWO
HUNDRED DOLLARS) for each working 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 21 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.
L.
r
l
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the
r 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 Dollars
�gA
aBid intheof ,�aLLr �,,rG• ve. Do), whichitisshall becollected 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.
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.
F
(Seal if Bidder is a Corporation)
1
A
Authorized Si
W &S (-t`1 iri �y0 Cat
4
(Printed//or Typed Name)
►�p,u C � rA&
11
V 12T C PA-4j; �
Company
16oz Aue V
Address
' �1stL/t
`
X.,4
Ci
County
-%V�n
, 71iYA 3
State
Zip Cade
Telephone: ii( OL
o If 72
Fax Number:( � L )�
4'i
w
STATUTORY MM2CT BOND PURSUAW TO SECTION 2253.021(a)
OF THE TEXASa1OVERNMaiT CODE
17 (CONTRACTS MORE THM S2 AO) BOND NO. BD 27391
r
KNOW ALL IMN BY'IFIBSE PRESENT'S, thatL= STAR DIRT & PAVING (here=ftar piled the Psi=pal(s), u
Principd(s), and
COMMERCIAL INDEMNITY INSURANCE COMPANY
low (here natter called the s . as Snrc (S�. arc held and firmly bound u= the City of Lubbock (her bafter caked the Obligee).In
the amount NINETY SI US EVIIV j)e11gtg 96 700 — lawful Disney of the UAi ed Stata I" the
psytt = w said urety bind themaeives, and their heirs, administrators, executors, r=cCsbors and udgai
r.. j=tly and severally, itr * by these prise=
VaMI AS. tha Pritu#al bas entered into a certain written contract with the Obligee, dated the 25THday of
.,,JANUARY;, 19_2L,, to ,ITT) # 13448 — MCCCTL.L.2JGH PARK JOGGING TRACK .
1
i and said priadpd trader the law is required before eomnsencing the work provided for in said contract to execute a bond in tha
" amount of aid Contract which comsat is hereby referred to and made a put hered as fully and to the saran ==nt as if copied at
1 length bwdn.
NOW. TOREFORE, THB COMMON OF THIS OBLIGA7I011; IS SUCK, that if the said Principal shall pay all
daiataaa soppy labor and material to hint or a subcontractor is the prosocution of the work provided for in said contract. than,
this d&gatioa !ball be Ynid; otherwise to rums' a in full faros and effect;
PROVMED. HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(0 of the Texas
DoMeramaai Coda Lad all liabilities on this bond shall be determinW in accordance with the pnnisions of said Amide to tha cause
exuaat as if iiwerc copied at length hettia.
IN WITPJS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this insuumem this 1ST day of
FEBRUARY 19„ 9 E, '
COMMEWIAL INDEMNITY INSURANCE COMPANY
Surgy : , .i
vl",) , /ILL.
W. SCHULER, ATTORNEY —IN —FACT
LANE STAR DIRT & PAVING
Principal ,
By
-�-
f i"ule)
By.
(Title)
By:
critic)
The undersigned surety company rep==ts that it is duly quaiifred to do business in Texfis, and hereby designates
DUB MQ2UN I an agent resident in Lubbock Couttty to whom any requisite notices may be delivered and on who,4 $mice
efpro ocsa may be hid in matters arising out of such s=tyship,
COMMERCIAL INDEMNITY INSURANCE COMPANY
sari
/H
JOHN W.
Approved ae to form:
By, -
• Now If dgttcd by as officer of the S=ty Company then must be on file a certified extract from the by-laws shoe ks, tot this
person has authority to sign such obligation. If sighed by an Attorney in Fact, we must have copy of power of attorney for brit film
i
f
r
r
r
r
t.;
Unin-t ;cia, lncitninaS Lompany
. Box 67
Tustin, Texas 78767
U !itl■tl
UmodAL
UI
INDEMNITY INSURANCE Ca
BD
POWER OF ATTORNEY
t -NOW ALL AIEN BY THESE PRESENTS:
-hat the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having
'principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 12th
k ; of May, 1994, to wit:
solved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -
Fact, such persons, firms, or corporations as may be selected from time to time.
OZ It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any
-tificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall
valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be valid
rid binding upon the Company in the future with respect to any bond or undertaking to which it is attached.," Commercial Indemnity Insurance
1r)mpany does hereby make, constitute and appoint:
a _ JOHN W. SCHULER OR PAUL CAMERON
. tate of Texas its true and lawful attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute,
no•xledge and deliver in its behalf, and its act and deed, as follows:
` he oblieation of the Company shall not exceed one million ($1,000,000.00) Dollars.
ti—
ad to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by
;c duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein
-ycn, are hereby ratified and confirmed.
WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the Company
rd its Corporate Seal to be hereto affixed.
SEAL
ate of Texas
.aunty of Travis
JvV
John W. Schuler, President
n this 12 th day of May, in the year 1994, before me Ann Bennett, a notary public, personally appeared John W. Schuler, personally known
me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged to me
at the Corporation executed it. ANN IENNUT
• , NOTARY PUSLIC
dxes
57�1� 0906-
fanT 6w OIdF07
ommission Expires 8-6-97 Ann Bennett, Notary Public
fi 'ERTIFICATE
u the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power
f Attorney and Certificate of Authority remains in full force and has not been revoked:
igned and Sealed at the said Company a: Austin, Texas dated this 1ST_ day of FEBRUARY , 1996
Paul Cameron, Secretary
COMMERCIAL INDEMNITY
Insurance Company
(formerly Commercial Lloyd's Insurance Company)
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact John Schuler, President of Operations, whose direct dial
number is 612-444-7776. You may also fax us information at 512-440-0989.
You may also call Commercial Indemnity Insurance Company's toll -free
telephone number for information or to make a complaint at:
1-800-234-8046
You may also write to Commercial Indemnity Insurance Company: 1507 South
I1-1-35, Austin, Texas 78741.
You may contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at:
1-800-262-3439
I You may also write the Texas Department of Insurance: P.O. Box 149104,
Austin, Texas 78714-9104, Fax 512-475-1771.
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your
premium or about a claim you should contact the company first. If the dispute is
not resolved you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only
and does not become a part of condition of the attached document.
-- -----_-
CODIVIMERCIAL INDEMNITY
INSURANCE COMPANY
FAX COVER SHEET
FAX NUMBER (512) 4-45-A0s53
TELEPHONE (512) 444-7 770-
DATE: G
TO: _ CITY OF I-LISBOCK
FAX � 806-76 i -2164
A i TN,.: GNRIR
FR.Qia'i' RICHARE3 H, E,4KE_R
SUEiE,�T:. ARCHITECTS DEL L'€�M
CONTRACTORS, IK, - FINAL SOND
It Or PAGES (INCL. COVER). ,__2
Dear Chris:
The City of Lubbock has in its possession a final born on behalf of tho above
contractor. Please find attachcd a copy of Commarcial indemnity insuranco
Company': Reinsurance program slowing `•A" rated Carriars.
Should you have any questions please give me a call at 3-300-365-6065 and thank
t you for your assistance.
'r r 1,ra
Richard H. Baker
Vice President
IF THEREIS ANY PROBLEM Wi rH TRANSMIISSIGN, PLE.kSE NOTIFY OUR OFFICE
It-0I-JIEDIATEi Yi
COMMERCIAL INDEMNITY INSURAMCOE COMPANY
150; SOUTH IH-35
A.USTiN, TEXAS 72-741
I T
SURETY SUOND REINSURANCE AGREEMENT
Effective January 1, 19aa, the foiicv,ir►a res Isurers have cantracted tow cover eachsurety
{
bond foss in excess of $1000.UU0 up, tc $1,0010,000.
QZWerage has been arranged
through Intere Intermediaries, Dailac-, i axas. Each
n:iividuai relinsurer's participation is
r
as ic1lows.
E3i �1-inY-- - 400.1300 ax-mmas of 191OP&aa
A,M. Sff..ji RAT1MG
Natirigators Insurance �cmpany
A 1AI
Republic Western Insurance C.ampany
Wy) At ;fill
Ranger insura^ce Company
25_0?a ? i/ii
rS—ecQnd
LM . 0.0Oti excess of S500
A—M, r3ES1 RAM-0
Navig torn, Intumance vampp2ny
37.SJA Vil
Repubiic Western Insura.^.ce nmpary
37.6tO AT V111
Ranger Insurance C arrp2ny
2_5Ok A Vil
-Jan-17-96 05:08P
IF
COMMERCIAL INDEMNITY
INSURANCE COMPANY
FAX COVER SHEET
FAX NUMBER (512) 445-2663
TELEPHONE (512) 444-7776
DATE: 1117/96
TO: CITY OF LUBBOCK
FAX #
ATTN.: CHRIS _
FROM: RICHARD H. BAKER
SUBJECT: REINSURANCE
# OF PAGES (INCL. COVER): 10
Dear Chris:
As per our conversation, attached please find a letter from Bates Turner, Inc., our
Intermediary, for your review. Again, If this Is not sufficient, please let me know
and I will do whatever I can to satisfy the City of Lubbock.
Also, since it will take some time to obtain our 1996 treaty, please find a copy of
our 1995 treaty cover notes.
Please call with any questions you may have.
Sincerely,
Richard H. Baker
Vice President
IF THERE IS ANY PROBLEM WITH TRANSMISSION, PLEASE NOTIFY OUR OFFICE
IMMEDIATELYI
COMMERCIAL INDEMNITY INSURANCE COMPANY
L 1507 SOUTH IH-35
AUSTIN, TEXAS 78741
(512) 444-7776
IJars-17-96 05:08P
P.02
C0ff+ + WA170H CWV
SAL SEW BY FAX
,WBATES TURNER, IAV
(919)SM-S3tcZ7 - (8W) 4&5 2W72 •)%M907VA9 (+313J 676%'AW
January 17,1996
Mr. John Schuler
President i
Insurance Company
►uth IH-35
Tcxaa 79741
RE: COMMERCIAL INDEM M INSURANCE COMPANY
First and Seeoad Surety Bond Exetu of Low Agreements
January 1,1996 Continuation
Our References: 9456I-% and 94563-%
Dear John
Fw1her to our recent conversation, we are pleased to confum the 100% placement of the
reinsurance for y= wurety bond excess of loss program at January 1, 1996.
As discunod, the first layer has been converted from a one year rating period to a three year
compartment i.e. January 1,1996 to December 31,1998 to include a minimum and provisional
rune of 7.50'Yo and 16.OWo maximum rate, losses loaded 100175ths and an unlimited deficit
carryforward, if any, to include load factor of 100n5th. However, the 1995 deficit is not
carryforwarded to the new three year compartment at January 1, 19%. 'Me second layer terms
and conditions remain unchanged.
The reinsurers and their respective participations for each layer are as follows:
Bs new
Republic weatera Ina. Co.
FirsI.Mm
50.00%
Secoad]Ldxm:
50.00%
Ranger Re Management, Inc.
25.00%
25.WA
(Ranger Insurance Co.)
Somerset Re Management, Inc.
25.00%
25.009/0
(Navigators Insurance Co.)
Totals
100.00%
100 0. 0yo
The only change in reinsurers participations was on the second layer i.c. Republic Western Ins.
Co. increased from 37.50% to 50.00% and Navigators Ins. Co. decreased from 37.50% to
25.00%.
A Getir &GW QpU UVM Car4LV
17-96 05 : 08P
�1
P.03
b&. John Schuler
Commercial Indemnity Ins. Co.
January 17,1996
Page, -2-
We are currently preparing our formal Covernote and Contract Wording and cxpcct to havc this
documentation to you shortly.
Bates Turner, Inc. appreciate the opportunity to be of scrvico•to you.
Sincerely,
ILa P a-�. -
Nicholas P. Roberta
Senior Account Executive
NR:amw
4,eC.-1;1F Richard Baker
MFT
Intere Intermediaries, Ins.
14901 Quorum Drive • Dallas, Texas 75240 • Teleonone- (214) 934.9581 a Facr—e 2' c __- ?27'
COVER NOTE NO.: BD950021
DATE: JANUARY 10, 1995
MEMORANDUM OF REINSURANCE EFFECTED ON BEHALF OF:
COMPANY: COMMERCIAL INDEMNITY INSURANCE CO�iPA..W
Austin Texas
(hereinafter referred to collectively as the Company)
PERIOD: This Agreement shall cover bonds attaching on and after January 1, 1995
and shall remain in force continuously thereafter until cancelled at any
January 1 by either party giving to the other ninety (90) days' prior written
notice. 1n the event of termination, the Reinsurers shall run off coverage of
the in -force business to the natural expiration of the bonds involved.
TYPE: SURETY BOND EXCESS OF LOSS REINSURANCE AGREEMENT
CLASS: All surety bonds written by the Company on or after January 1, 1995.
EXCLUSIONS: This Agreement does not cover:
1. Bank Depository Bonds;
2. Note Guarantee Bonds;
3. Mortgage Deficiency Bonds,
4. Guarantees of Installment Paper;
5. Self -Insurers Workers' Compensation Qualifying Bonds.
6. Securities Exchange Commission Liability Bonds:
7. Insurance Patent Infringement Bonds,
8. Bail Bonds;
9. Assumed Reinsurance of any kind other than intracompany
reinsurance and business assumed from a fronting company;
10. Co -Surety Bond business;
11. Dual Obligee Bonds;
12. Mortgage Guarantee Insurance;
Please c.'1eCR c9r4tY1ty. ana it mearfect return wnmeciateiv
•or eoneet.an
Page 1 of 7
i
A member of the Minet group of compames 'L:!'
Jan- 17 -96 Qb : (J9=-
l
Intere COVER NOTE NO.: BDg�21
i . DATE: JANUARY 10. IM
EXCLUSIONS
?L (Continued): 13. Financial Guarantees which shall mean any bonds or coverages which
4 guarantee to any beneficiaries of the bonds or coverages against or
indemnify such beneficiaries for financial loss or the incurrence of
additional costs or expenses by reason of 1) non-payment of any sums
required to be paid to the beneficiaries of the bonds or coverages pursuant
to any financial obligations; 2) any fluctuations in financial markets or
commodity prices; 3) any changes in law; 4) the failure to receive any
anticipated payments of monies or money equivalents; 5) the inaccuracy of
any valuations; and 6) overpayments of any financial obligations for any
reasons, including, but not limited to, Accounts Receivable Coverage,
Cram Down Bonds, Excess Federal Deposit Insurance Corporation
Coverage, Excess Securities Investment Protection Corporation Coverage,
Golden Parachute Coverage, Guarantee of Bank Letter of Credit,
Guarantees of Mortgaged Backed Securities Guarantees, Mortgage
Services Performance Bonds, Movie Completion Bonds or Insurance,
Municipal Bond Insurance, Student Loan Guarantees, Systems
Performance Insurance, Weather -Related Coverages, and Bonds used in
lieu of Letters of Credit (except where such bonds are allowed to be
substituted for Letters of Credit for Contract Bid, Performance, or Labour
and Material Payment obligations outside the United States);
14. Losses in Excess of Bond Limits;
15. Hazardous Waste Closure and Post -Closure Bonds;
16. Insurance Company Qualifying Bonds;
17. Appeal Bonds without at least 1000/6 collateral;
19. Small Business Administration Bonds;
19. Custom Bonds;
20, Motor Vehicle Dealer Bonds;
21. Nuclear Incident - Physical Damage - Reinsurance;
22. War Risks;
23. Pools, Associations and Syndicates; and
24. Insolvency Funds.
Page 2 of 7
Intere
TERRITORIAL
SCOPE:
LIMIT AND
E=NTION:
DEPOSIT
PREMIUM:
Nmququm
$-
DEFINITION
OF BONDS:
COVER NOTE NO.: BD950021
DATE: JANUARY 10, 1995
Subject business shall be produced only for contractors located in the
State of Texas.
See attached Exhibits A and B.
See attached Exhibits A and B applicable to the Gross Net Written
Premium Income estimated to be $3,300,000.
See attached Exhibit B. Payable in equal quarterly installments on January
1, April 1, July 1 and October 1 of each annual period during the term of
this Agreement.
See attached Exhibit B.
Maximum individual bond written to be twelve (12) months from the date
work commences plus a statutory warranty period of twelve (12) months
from the date work is completed. Should the bond period exceed twelve
(12) months due to circumstances beyond the control of the Company,
Reinsurers agree to provide coverage hereon. Bonds greater than twelve
(12) months' duration plus statutory warranty period of twelve (I2) months
by special acceptance - leader only.
In respect of a bond or bonds issued to guarantee the performance of a
contract, this Agreement does not cover loss or loss expenses which arise
from liability for bodily injury ('including sickness, disease or death),
property damage (including cleanup or remediation costs. damage to the
environment, diminution in value of property), or econonvc loss of any
kind (including loss of use of property).
Under no circumstances shall the Reinsurers follow the fortunes of the
Company where the Company is found legally liable to pay such loss or
loss expenses under a bond or bonds.
j� Page 3 of 7
-17-96 05:11P
P.07
Intere
COVER NOTE NO.: BD950021
DATE: JANUARY 10, 1995
CLAUSES: Preamble.
Net Retained Lines.
Definition of Ultimate Net Loss; Loss Adjustment Expenses included.
Definition of Loss Occurrence.
Notice of Loss and Loss Settlements.
Extra Contractual Obligations on an 8011/c/20% basis within the Agreement
limit.
Offset.
Errors and Omissions.
Currency.
Taxes.
Access to Records.
Service of Suit - NMA 1988 - Mendes &Mount (where applicable).
Arbitration.
Insolvency.
Reserves-nonadnutted Reinsurer - LOC (excluding IBNR) if required by
Company (Evergreen Clause).
Intere intermediary.
WORDING: As per expiring Reinsurance Agreement as far as applicable and as noted
herein. Wording to follow Intere Clauses or BRMA Clauses where
specified above.
WARRANTY:
REINSURERS:
First Laver
28845
41137
23986
Subject Gross Net Written Premium not to exceed $3,500,000.
Throueh Intere Intermediaries, Inc. - Dallas
Navigators Insurance Co.
Ranger Reinsurance Management Corp.
on behalf of Ranger Insurance Co.
Republic Western Insurance Company
Total Placement
i second Laver
28845 Navigators Insurance Company
41137 Ranger Reinsurance Management Corp.
on behalf of Ranger Insurance Co.
23996 Republic Western Insurance Company
Total Placement
Pave d ar7 _..
25.00%
25.00%
50.00%
100.00%
of Limits
37.50%
25.00%
7 50%
100.00%
of Limits
.Jah-17-96 05:12P
P.06
Intere
COVER NOTE NO.: BD950021
DATE: JANUARY 10, 1995
We will periodically provide a list of those companies with which Intere Intermediaries, Inc. is
affiliated, which may be parties to this placement. This list is available on request.
For and on behalf of:
INTERE INTERMEDIAREES, INC.
Senior Vice President
COMMERCIAL INDEMNITY INSURANCE CO.
Authorized Signature
S
Date
Please examine this document carefully and advise us immediately if any of the details or the
security used are not in accordance with your order or requirement.
Page 5 of 7
n-17-�6 05:12P
P.09
Intere
FII2ST LAYER:
UN TI' AND
RE'T`1✓NTION.
REPQRTS AND
REMTFTANCES:
COVER NOTE NO.: BD950021
DATE: JANUARY 10, 1995
EXHIBIT A
$400,000 each bond each loss in excess of S100,000 each bond each
loss. Maximum per Principal of S800,000. Annual Aggregate limit the
greater of $1,200,000 or 250% of the maximum rate.
Minimum
4.0%
Provisional -
8.00/0
Maximum -
16.0%
Load 100/75ths, adjustment within ninety (90) days from the close of the
agreement year but no downward (below provisional rate) until twelve (12)
months after the close of the agreement year.
Within sixty (60) days of the close of each month the Company shall submit
a statement of the premiums written for the month and shall remit the
premiums due calculated at the provisional rate.
Page 6 of 7
.�a� 27_96 05:13P
Intere
LIMIT AND
RETENTION:
RATE:
DEPOSIT
PREMIUM:
COVER NOTE NO.: BD950021
DATE: JANUARY 10,1995
EXHIBIT B
$500,000 excess of $500,000 each bond each loss.
Annual aggregate recoverable for any/ail losses limited to $1,500,000.
Maximum per Principal of $1,000,000.
8.00% of Gross Net Written Premium Income.
$120,000
$154,000 payable in equal quarterly installments of $38,500 on January 1,
April 1, July 1 and October 1 of each period during the term of this
Agreement.
REINSTATEMENT: Two full at 100% additional premium.
Page 7 of 7
1
P�
O
W
9
E
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
1•-. (CONTRACTS MORE THAN $100,000)
r
i
r
k
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in
the amount of Dollars ($ ) 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.
WBEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of
, 19___, to
and said rind under the law is required before commencing the work provided for in said contract to execute a bond in the
principal re9 g
amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully
perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise
to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas
Government Code and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same
extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this _ day of
,19
Surety
* (Title)
l'
Principal
By:
(Title)
By:
(Title)
BY:
(Title)
r
The undersigned surety company represents that it is duly qualified to do business in Terris, and hereby designates
an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of
process may be had in matters arising out of such suretyship.
Surety
*By:
(Title)
Approved as to Form
City of Lubbock
By:
City Attorney
* Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this
person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files.
CERTIFICATE OF INSURANCE
LIST.OF SUBCONTRACTORS
Minority Owned
j Yes No
'Sf�kr6ri i.Aw+oScAPiNG ❑ Cf/
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
DATE (MMIDwy)
�acoRa. CERTIFICATEIABILITY INSURANCE._.. ` _.: 2/29/96
` PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Hubbard Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PO BOX 219 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Abernathy TX 79311 COMPANIES AFFORDING COVERAGE
COMPANY
A American State Ins. Co. of -Texas
INSURED COMPANY
Preston Sanders B
dba Lone Star Dirt and Paving COMPANY — — -
7602 Ave V
i Lubbock TX 79423 COMPANY
D
COVERAGES `.
THIS IS TO CERTIFY THAT THE rULICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
I INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR '.IAY f CRl AIN, THE INSURANCE AFFORDED BY THE POLICIES DEGCRIPED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCI; D BY PAID CLAIMS.
CO POLICY EFFECTIVE 1 POLICY EXPIRATION
I_TR TYPE OF INSURANCE PO!.ICY NUt•18ER DATE (MMJDDJYY) DATE (MMIDWY-Y) LIMITS
-_ GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY.
GENERAL AGGREGATE _..
( i PRODUCTS • COMP/OP AGG
S
S_2,000,000.
;
CLAIMS MADE X OCCUR 04—CC-082828-1
4/03/95 4/03/96
' PERSONAL A ADV WJURY_
_ S_ 1,000,000.
OWNER'S A CONTRACTOR'S PROT
III
I EACH OCCURRENCE .-_.
FIRE DAMAGE (Anyone fire)
= 1,000,000. _
_i---50'000•
...
__
_MEU EXP. (AlryoneQereon
S ,000. -
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
X SCHEDULED AUTOS 04-BA-419995-1
X HIRED AUTOS
X NON -OWNED AUTOS
3/28/95 3/28/96
COMBINED SINGLE LIMIT
BODILY INJURY
(Pelpenson
INJURY
BODILY (Per noc dent)
(Per eccidenl)
S
5009000.
S
_
PROPERTY DAMAGE
! S
GARAGE LIABILITY
ANY AUTO
AUTO ONLY . EA ACCIDENT
OTHER THAN AUTO ONLY:
S _„
.:
EACH ACCIDENT
i
S
EXCESS LIABILITY
AGGREGATE
i EACH OCCURRENCE
S __—__ _
UMBRELLA FORM
AGGREGATE _ _
$
_ ._.
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILTTY ;
i
j i
WC STATU• I .-_ -ER OTH
TORY LIMITSI EL EACH ACCIDENT
S
e -
THE PROPRI IETOR! PARTNERS/EXECUTIVE INCL
OFFICERS ARE;EXC4
OTHER
!
I I
EL DISEASE • POLICY.LIMIT
-- - -
ELDLLEASE_EAEMPLOYEEI
DISEASE
S
$
-"'---
Mai ON OF o> R�ubrogation"Ito City of Lubbock
-Subcontractors are not covered under this Gederal Liability policy.
;f �f
r_R-TI-F-IC—A—T-E—.H--OL--D-EFI _ CANCELLATION._-.____. -_—
-
Additional Insured: I{ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Of Lubbock I EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
City bbock Jo-- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
PO Box 2000 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO 013LIGATION OR UABILITY
Lubbock, TX 79457 .OF ANY _KIND_ UPON_ THE_COMPANY, RS AGENTS OR REPRESENTATIVES;
AUTHORIZED REPR SENTATIVE p
t
i'
O3AO1$-S (195) iACORO25 Y :AOCs ,9
DATE (MMIDONY)
AC RD, CERTIFICATE OF LIALITY lNSURANGE 2-2-96 BI
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INF
HUBBARD INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CI
HOLDER. THIS CERTIFICATE DOES NOT AMEND, E
1711 Avenue J, #109 ALTER THE COVERAGE AFFORDED BY THE POLICII
LUBBOCK, TX 79401 COMPANIES AFFORDING COVERAGE
qliw6wm�
PRESTGN SANDERS DBA
MiE STAR DIRT & PAVING
l 7602 Avenue V
Lubbcck, TX
TION
;ATE
) OR
COMPANY
A ANIi;EUCAN_STATES__ .__CO_OF_.Tow-----._ ..
COMPANY
B
COMPANY
C
COMPANY
D
} 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 TYPE OF INSURANCE
LTR
POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
DATE (MMID1 1YY) DATE (MMIDDA Y)
LIMITS
GENERAL LIABILITY 04-CC-082$28-1
4-3-95 4-3-96 _GENERAL AGGREGATE
6
2L000., OO
X COMMERCIAL GENERAL LIABILITY
- COMP/OP AGO
s_2
00Q1000
} ` : CLAIMS MADE X OCCUR
_PRODUCTS
PERSONAL 3 ADV INJURY
E
1 t000., 000
X OWNER'S 6 CONTRACTOR'S PROT
OCCURRENCE
$
1.000, 000
_EACH
—FIRE DAMAGE (Any one fire)
$
5�0,
_
MED EXP (Any one pennon)
t
/0�/000
5.000
A AUTOMOBILE LIABILITY 04-BA-419995-1
3-28-95 3-28-96 COMBINED SINGLE LIMIT
$
500,000
ANY AUTO
ALL OWNED AUTOS
BODILY INJURY
$
X SCHEDULED AUTOS
(Per person)
--
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
ANY AUTO
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMI
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETOR/ INCL
PARTNERS/EXECUT7VE —
OFFICERS ARE: EXCL
OTHER
DESCRIPTION OF OPERATIONSA=ATIONSIVEHICLES/SPECIAL ITEMS
McCullough Park Jogging Track
BODILY INJURY $
(Per scddenl)
PROPERTY DAMAGE $
AUTO ONLY - EA ACCIDENT S —,
OTHER THAN AUTO ONLY: �.
EACH ACCIDENT S
EACH OCCURRENCE $
AGGREGATE $
S
EL EACH ACCIDENT a
EL DISEASE - POLICY LIMIT S
_ . _..
CITY OF LUBEOCK j SHOULD ANY OF THE ABOVE DESCRIBED POLMIES BE CANCELLED BEFORE THE
EXPI MON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
P.O. BOX 2,000 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
LUBBOCK, TX 79401 I BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
L I OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES•
AUTHORED RE RESENTATIVE
ACORD 25-S (1/95) "® ACORD CORPORATION 19
ACHIM). CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
02/05/1996
RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
7calvin N. King Insurance Services POLICIES BELOW.
100 E . 15th Street, Suite 204 COMPANIES AFFORDING COVERAGE
Fort Worth, Texas 76102
COMPANY
LETTER A THE GiENERAL AUTO INSURANCE COMPANY
COMPANY B
INSURED Odyssey Services, Inc. LETTER
t =Ulass j COMPANY
OMLETTPPA Y Ci
ER
310- S. Industrial Blvd.
Euless, TX 76040 COMPANY D
Re: Lone Star Dirt And Paving Contr`l
COMPANY E
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT,
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
r
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
t .
CO
TR TYPE Of INSURANCE
POLICY EFFECTIVE POLICY EXPIRATION
POLICY NUMBER DATE (MMIDDIYY) DATE (MMIDDIYY) LIMITS
GENERAL LIABILITY
GENERAL AGGREGATE $
kk
4
COMMERCIAL GENERAL LIABILITY
PRODUCTS-COMP/OP AGG. S
CLAIMS MADE OCCUR.
OWNER'S 3 CONTRACTOR'S PROT.
PERSONAL d AOV. INJURY S
EACH OCCURRENCE S
FIRE DAMAGE (Any one fire) S
MED. EXPENSE (Any one person) S
AUTOMOBILE LIABILITY
COMBINED SINGLE S
ANY AUTO
LIMIT
ALL OWNED AUTOS
BODILY INJURY S
SCHEDULED AUTOS
(Per person)
HIRED AUTOS
BODILY INJURY S
NON -OWNED AUTOS
(Per accident)
GARAGE LIABILITY
PROPERTY DAMAGE S
IMF
EXCESS LIABILITY
EACH OCCURRENCE S
UMBRELLA FORM
AGGREGATE $
OTHER THAN UMBRELLA FORM
X STATUTORY LIMITS
WORKER'S COMPENSATION
EACH ACCIDENT $ ! y -00 y no
i
AND
A TWC
200--009-03 01 /01 /96 01 /01 /97 DISEASE -POLICY LIMIT $ i 004 , 00
EMPLOYERS' uA81Lm
DISEASE —EACH EMPLOYEE S 1 , 000 , OC
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESISPECIAL ITEMS
Bid #13448 McCullough
Park Jogging Track
CERTIFICATE HOLDER
CANCELLATION
L260TXS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TC
City Of Lubbock
MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OF
P.O. Box 2000
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES
Lubbock, TX 79457
AUTHOR%! DREPPRREE,S,E�.NTATIVE
ACORD 25-S (7190)
®ACORD CORPORATION 19
n
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Appropriate Insurance Agent/Broker
Prior to Award of Contract :1
L the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed
by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of
Lubbock, I will be able to, within ten (10) days after being notified of such award by contractor, famish a valid insurance
certificate to the City meeting all of the requirements defined in this bid/proposal.
1
,gd X Z 6 d a.xW
l Agent (Signature) Agent (Print)
I' /I
Name of Agent/Broker:
Address of Agent/Broker. A0, 4Y 9
_ City/State/Zip:
Agent/Broker Telephone #: ( 24 ) 76a - ooa :
Date: -,� -.5'-'7�
CONTRACTOR'S NAME: k0/'l P Shur /;-� d ))1///1GS
(Print or Type ) 1-0
CONTRACTOR'S ADDRESS: 76 6 d AVQ LL F_ K
NOTE TO AGENT/BROKER
If this time requirement is not met, the City has the right to reject this bid/proposal and award the contract to
another contractor. If you have any questions concerning these requirements, please contact the Purchasing
Manager for the City of Lubbock at (806)767-2165.
BID #13448 - MCCULLOUGH PARK JOGGING TRACK
iR
I
PL
i'
CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based on proper
- reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to
beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during
the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity
will have on file certificates of coverage showing coverage for all persons providing services on the
project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current certificate of coverage ends during the duration of
the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within 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;
6
c
(7) post a notice on each project site informing all persons providing services on the project that they are required to be
covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice
does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be
printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common
to the worker population. The text for the notices shall be the following text provided by the commission on the
sample notice, without any additional words or changes:
i
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
i materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or
status as an employee."
"Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for
coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to
provide coverage." and
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements for all of its employees providing services on the project, for the duration of the
project;
r (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project;
i
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends during the
duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during the
duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter,
(G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the
person knew or should have known, of any change that materially affects the provision of coverage of any
person providing services on the project; and
(I) contractually require each other person with whom it contracts, to perform as required by paragraphs
(A) - R, with the certificate of coverage to be provided to the person for whom they are providing
services.0
IL
r
r
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 25th 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, thereunto authorized to do so, hereinafter referred to
as OWNER, and PONE STAR DIRT & PAVING of the City of Lubbock County of Lubbock and the State of Texas,
hereinafter termed CONTRACTOR.
WPINESSETH: 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 #1344S - MCCULLOUGH PARK JOGGING TRACK - $96,700.00
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 axessories
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 LuN>ack, Lubbock County, Texas, in the
year and day first above written.
ATTEST:
Corporate Secretary
CONTRACTOR:
LONE STAR DIRT & PAVING
PRINTED NAME:�Cs�E ti �ioS
TITLE: THr��-,dsti
COMPLETE ADDRESS:
Lone Star Dirt & Paving
7602 Avenue V
Lubbock, Texas 79423
No Text
1.
2.
3.
4.
S.
6.
GENERAL CONDITIONS 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.
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: LONE STAR DIRT & PAVING, 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
JIOHN WEBB, PARK DEVELOPMENT SUPERVISOR City of Lubbock, under whose supervision these contract
documents, including plus 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.
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.
INTERPRETATION OF PHRASE'S
Whenever the words "Directed," -Permitted,' "Designated," "Required," "Considered Necessary," "Prescribed," or words of
like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of
the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like
import shall mean approved by or acceptable or satisfactory to the Owner's Representative.
SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance 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 Suboontractor.
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm
or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address
known to him who gives the notice.
8. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the
execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be
new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory
evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known,
technical or trade meaning shall be held to refer such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been
made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor
miscellaneous work and adjustment.
10. AL YOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this
work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout
of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not
relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he
shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and
to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to
make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for
the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His
efforts will be directed towards providing assurances for the Owner that the completed project will conform to the
requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in
accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor.
13. LINES AND GRADES
All lines and grades shall be 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.
7
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
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
r. 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 enginxrs, supervisors or inspectors so
appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor object to arty orders by any subordinate engineer,
rsupervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his
decision.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the
work, during its progress, a competent superintendent and arty necessary assistants, all satisfactory to Owner's
Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be
binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor
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 c arefiil 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,
r.. and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any
f 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
r
i
18. 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
accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such
errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any
work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's
Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being
fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make
observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require
Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons
competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such
tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other
applicable organization as may be required by law or the contract documents.
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.
I7
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's
Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve
the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof:, or any material brought on the site of the work for use in the work or
selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with
plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's
Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full
accordance with this contract It is further agreed that any remedial action contemplated as hereinabove set forth shall be at
Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line,
grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the
beginning of the construction, without affecting the validity of this contract and the accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for
damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the
increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity
r actually done and at the unit price established for such work under this contract; otherwise such additional work shall be
t paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any
work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for
7 any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in
I. preparation for the work as originally planned.
7 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
r" 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 (151/o) 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
l account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property
l Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the
rOwner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of
r"
the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The
Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type
and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless
otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 1000/a, 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
P character whatsoever, brought for or on amount 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 officers, 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
i' Owners 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.
28. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all ftmirance 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
t The contractor shall have Comprehensive General Liability Insurance with limits of $250,000 Combined Single
j� Limit in the aggregate and per occurrence to include:
{ Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
f Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
I
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, $250,000 Combined Single Limit,
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned
Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the
endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of 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.
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 ( IVCC-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.
r
The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded
the contract.
4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of
the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage
with the governmental entity showing that coverage has been extended.
S. The contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(b) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project.
6. The contractor shall retain all required certificates of coverage for the duration of the project and for one
year thereafter.
7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,
within 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.
S. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the
Texas Workers' Compensation Commission, informing all persons providing services on the project that
they are required to be covered, and stating how a person may verify coverage and report lack of coverage.
9. The contractor shall contractually require each person with whom it contracts to provide services on the
project, to:
(a) provide coverage, based on proper reporting of classification 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.
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 limit or limits of liability thereunder on the date borne by such
certificate.
(S) 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 pmject.
(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;
(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 imposed by
the Act or other commission rules. This notice must be printedin at least 19 point normal type,
and shall be in both English and Spanish and any other language common to the worker
population. The text for the notices shall be the following text provided by the commission on
the sample notice, without any additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
�1 "The law requires that each person working on this site or providing services related to this
contraction project must be covered by workers' compensation insurance. Thu includes
persons providing, hauling, or delivering equipment and materials, or providing labor or
transportation or other service related to the project, regardless of the identity of their
employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information
on the legal requirement for coverage, to verify whether your employer has provided the
required coverage, or to report an employer's fallure to provide coverage. " and
(h) contractually require each person with whom it contracts to provide services on a project, to:
IF
(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) - (M, 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 MATERIALM EN 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 (5) days after
1.
rm-
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 airy 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, miles 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
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
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 $200.00 (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
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the
work described herein is reasonable time for the completion of the same, taking into consideration the average climatic
change and conditions and usual industrial conditions prevailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and
extreme difficulty 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.
35. TDAE AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be
allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most
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.
36. EXTENSION OF TIME
The Contractor agrees that he has submitted his bid in full recognition of the time required for the completion of this
project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has
considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor
will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the
Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered
in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for
an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an
extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for
an extension of time by the Contractor supported by all requested documentation shall then 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.
r
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measurcd 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 fiumished 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 finished 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 awry injury to any adjacent or adjoining property, arising or growing
out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the
existence or character of the work.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the
Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and
stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid attached hereto, which
has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all
materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly
performing the same and the whole thereof in the manner and according to this agreement, the attached specifications,
plans, contract documents and requirements of Owner's Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract., either
wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at
any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate
showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made,
Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by
reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a
waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial
payment. Owner's Representative shall review said application for partial payment and the progress of the work made by
the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical
the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement
shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's
Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final
payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this
agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by
Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the
Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion
of the retained percentage due Contractor.
43. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been
completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said
time, if the work be found to be completed or substantially completed in accordance with the contract documents, the
Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the
duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor.
44. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and
prepare a final statement of the value of all work performed and materials 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 arty event upon said performance by the
Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall
relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if
arty) of this contract or required in the specifications made a part of this contract.
45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on
account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his
own expense promptly replace such condemned materials with other materials conforming to the requirements of the
contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or
replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written
notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense.
46. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for
faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work
resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner
or the Owner's Representative shall give notice of observed defects with reasonable promptness.
47. PAYMENT WITHBELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of arty 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.
r
(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. TWE OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in
writing and filed 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 hereto attached, then the Surety on
the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the
Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment,
tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for
work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of
the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra
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 inquired by law, at least twice in a newspaper having a
general circulation in the County of location of the work, may let the contract for the completion of the work under
substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to
the Owner under the new contract as compared to what would have been the cost under this contract, such increase
1,
shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to
complete any such new contract prove to be less than that which would have been the cost to complete the work
under this contract, the Contractor or his Surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of
completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized
statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and
delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the
balance due as reflected by said statement within 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.
50. 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.
51. BONDS
The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code,
in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful
bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of
100% of the total contract price in the event that said contract price exceeds $25,000. 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.
t
52. SPECIAL CONDITIONS
In the event spacial 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
T'he 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.
F
r
CURRENT WAGE DETERMINATIONS
17
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.
ttd,..Boyd, City Secretary
APPROVED T ONTENT:
Bi 1 P yne, D rector of Building
Services
J'_
B.C. MCMINN, MAYOR
APPROVED AS TO FORM:
Do ld G. Vandiver, First
Assistant City Attorney
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft Hourly Rate
Acoustical Ceiling Installer
$11.60
Air Conditioner Installer
8.35
Air Conditioner Installer -Helper
5.50
Bricklayer
10.50
Bricklayer -Helper
5.00
Carpenter
11.00
Carpenter -Helper
5.50
Cement Finisher
7.35
Drywall Hanger
8.70
Electrician
10.50
Electrician -Helper
5.25
Equipment Operator -
Heavy
8.00
Light
5.70
Floor Installer
8.00
Glazier
7.50
Insulator, Piping/Boiler
9.50
Insulator -Helper
5.00
Iron Worker
7.30
Laborer, General
4.75
Mortar Mixer
5.60
Painter
8.75
Plumber
9.25
Plumber -Helper
6.00
Roofer
7.65
Roofer -Helper
4.75
Sheet Metal Worker
8.75
Sheet Metal Worker -Helper
5.50
Welder - Certified
8.00
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer, General
Laborer, Utility
Mechanic
Mechanic -Helper
POWER EQUIPMENT OPERATORS
Asphalt Paving Machine
Bulldozer
Concrete Paving Machinist
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grade Operator
Roller
Scraper
Tractor
Truck Driver -
Light
Heavy
Hourly Rate
$5.25
4.75
7.35
4.75
10.50
4.75
6.50
5.50
4.75
5.80
6.50
6.00
6.00
5.25
6.50
5.85
6.40
6.40
8.00
5.25
5.25
5.50
5.25
5.25
EXHIBIT C
Electric Construction Trades
Prevailing Wage Rates
Craft Hourly Rate
Power Line Foreman $11.00
Lineman Journeyman 10.45
Lineman Apprentice Series 8.90
Groundman Series 7.25
EXHIBIT D
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2
timesbase rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is 1 1/2 times base rate. "`
SPECIFICATIONS
7
r
r"
P McCullough Park Jogging Track
Parks Capital Project - 1995
Parks & Recreation Department
City of Lubbock, Texas
r" SECTION O1 SLWMARY OF WORK
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 above, and as descn'bed 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.
i 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
r awarded to the company with the proposal determined to be the most
j advantageous to the city of Lubbock.
C. Work to be performed in such an order that remaining amenities do not
suffer due to the work being performed.
1.02 Work Included
A. Section 02 - Product Substitution
B. Section 03 - Earthwork and Grading
C. Section 04 -Concrete
D. Section 05 - Track Surface
E. Section 06 - Irrigation
1.03 Additional Information
A. All information under General Instructions To Bidder, Genera 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.
7,
F
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 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 property and shall not drive vehicles across 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 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 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 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.
2
f
G. Contractor shall be responsible for removal, hauling, and disposal of all
construction debris and unusable material from proposed construction
areas and designated sites as shown on plans and in specifications. Owner
shall retain the right to any existing materials deemed to have value.
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 pl2ms.
I. To furnish and supply all supervision, equipment, and labor necessary to
perform excavation, grading, backfill, compaction, and stock piling of
material as specified herein and on the plans.
r
2.02 Product Delivery, Storage, and Handling
A. Protect all materials from inclement weather: wet, damp, extreme heat, or
cold,thek damage, or vandalism.
B. All manufacturer's labels, installation instructions, and shop drawings shall
i
be in included for each item ordered.
2.03 Clean-up
k Demolition debris shall be removed from the site prior to comencement 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 integrety both public and
private, which has been damaged during the prosecution of work, and leave
the site of the work in a neat and presentable condition throughout. The
cost of the "cleanup" shall be included as a part of the cost of the various
items of work involved, and no direct compensation will be made for this
work. This work shall be done before final acceptance by the owner will be
considered.
1
C. Contractor shall clean up and haul off all construction debris, including
excavated rock material. Area shall be graded back into existing grade
r"
smoothly.
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
r
SECTION 02 PRODUCT SUBSTITUTION
1. General
1.01 Work included
r" A. Section 01 -Summary of Work
B. Section 03 - Earthwork and Grading
C. Section 04 -Concrete
r' D. Section 05 - Track Surface
E. Section 06 - 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.
2. Product description.
�.. 3. Product performance and test date.
1 4. Reference standards.
5. Manufacturer instructions for maintanence 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.
F
4
jl,' �
OM
SECTION 03 EARTHWORK AND GRADING
1.General
1.01 Scope of Project:
r The removal, hauling and disposal of all obstructions shown on the plans or as
designated by the owner, and the backfil ing of topsoil.
r 1.02 Related Work Specified Elsewhere:
A. Section 01 - Summary of Work
B. Section 02 - Product Substitution
C. Section 04 -Concrete
D. Section 05 - Track Surface
E. Section 06 - Irrigation
1.03 Additional Information:
A. All information under GENERAL CONDITIONS OF AGREEMENT,
GENERAL INSTRUCTION TO BIDDER, and SPECIAL
CONDITIONS, apply to this section.
B. The bid amount shall be total cost for work mentioned in the scope of
work.
2. Products
2.01 Material -Site Fill:
Fill material to be free from trash, lumber, debris, roots over 1" in diameter,
matted roots, rocks over 2" in diameter, highly plastic soils or other deleterious
materials.
2.02 Material - Top Soil:
A. Fill material, if necessary, to be provided by Contractor.
B. Natural, fertile, friable soils possessing characteristics of soils in the vicinity
which produce heavy growth of crops, grass or other vegetation.
C. Topsoil to be free of subsoil, brush, organic litter, objectionable weeds,
clods, shale, stones 1 1/2" dimension or larger, stumps, roots, or other
materials harmful to grading, planting, plant growth, or maintenance
operations.
3. Execution
3.01 Protection:
A. Carefully maintain bench marks, layout stakes, and other reference points.
B. Protect property, including adjoining property and public right-of-way,
from damage by trucks and equipment.
C. Protect active utilities to be retained on site, whether shown on drawing or
uncovered during excavation operations. If damaged, repair at
Contractor's expense.
D. Protect Existing trees and plant material to be retained from damage by
trucks and equipment.
E. Keep excavations free of water.
F. Maintain the integrity of the concrete footings and the concrete that is to
remain on the site.
3.02 Demolition & Site Preparation:
A Clearing
1. To remove indicated areas of concrete. The concrete will be disposed of
at a location that is not objectionable to the public
2. Strip existing top soil from areas affected. Stockpile on site for re -use.
3. Remove trash, debris, and other obstructions found at or near existing
grade from areas of proposed structures, walks, curbs, and paving (if
applicable).
4. Contractor shall be responsible for removing unusable material from
site.
5. All unstable or otherwise objectionable material shall be removed from
the subgrade and replaced with approved material.
6. Remove existing plant material (if applicable) only as directed by the
Owner.
B. Grubbing (if applicable)
1. Remove stumps, roots over 2" in diameter, matted roots and other
obstructions found at or below existing grade from cleared areas.
2. Remove waste material daily as it accumulates.
3. Comply with applicable codes and ordinances regarding waste
.transportation and disposal.
4. Burning and blasting on site will not be permitted.
3.03 Excavation:
A. Excavate to bring areas to grade and subgrades indicated. Scarify
excavated areas occurring under concrete to a depth of 6", then compact to
required density.
B. Stockpile all excavated material on site; exact location to be approved by
Owner.
C. Contractor to separate top soil and subsoil into two (2) piles.
D. Remove underground obstructions, where rock is encountered at subgrade,
under cut minimum of 15" below and backfill with approved fill.
3.04 Fill and Backfill:
A. Placing: Place material in loose, even successive lifts not to exceed the
following depths: (if applicable).
1. Fill below concrete slabs: Max. 8" high lifts to overall compacted depth
as indicated on drawings.
2. Site fill and backfill: Max. 12" high lifts.
6
PW
rj
B. Compaction: Thoroughly and evenly compact each lift to the following
densities:
1. Fill below concrete slabs: Not less than 95% standard density to at least
I four (4) feet outside of slab.
2. Site fill: Not less than 90% standard density.
C. Test rolling will be accomplished with a 25 ton pneumatic Lire roller or
other pneumatic tire roller. Up to six passes of the roller may be required
in deterring the condition of the subgrade. Any soft or unstable areas
r found by test rolling will be corrected by removing the soft or unstable
material and replacing it with suitable soil compacted to specified density.
The areas so corrected shall be test rolled as specified above.
r D. Moisture Control: When moisture must be added prior to compaction,
i
uniformly apply water to surface, but do not flood. Free water shall not
appear on surface during or after compaction operations. Remove and
replace, or scarify air-dry soil too wet to allow proper compaction.
3.05 Grading:
A. Uniformly grade areas, including adjacent transition areas to smooth
surface at required grades and elevations. Adjust contours to eliminate
water pending, and provide positive drainage.
B. Finish Grades Adjacent to Pavement: Cut or fill so that turf adjacent to
concrete are 1" below said concrete. Slope soil smoothly back to adjacent
grade.
C. Preliminary Grading: Should allow for a minimum of 4" topsoil to be
placed in all areas, which topsoil is needed to achieve a final desired grade.
r D. Concrete Subgrade: excavate or fill as required to provide finish grade
shown on plans. Shape subgrade to true and even lines to provide for
uniform thickness of sand cushion.
f
3.06 Finish Grading:
A. Fine grade areas to achieve final contours acceptable to Owner.
B. Provide uniform soundings at top and bottom of slopes and other breaks in
grade. Correct irregularities and areas where water will stand.
C. Topsoil:
1. Place topsoil to 4" depth over areas modified by work or this contract,
i
1
which are not covered by buildings, walks, or paving.
2. Uniformly distribute topsoil to required grades; feather back to where
grades remain unchanged.
3. Place and compact topsoil in manner conducive to the growth and
maintenance of plant material.
4. Degree of finish shall be that ordinarily obtainable with blade or scraper
operations. Remove rubbish, vegetation, and rocks over 1 1/2"
diameter. Leave areas smooth and suitable for establishment of lawns
and planting. Correct irregularities and areas where water will stand.
r
3.07 Maintenance:
A. Before final acceptance, protect newly graded areas from traffic,
construction, weather damage, washing, erosion and rutting, and repair
such damage that occurs.
B. Correct settlement below established grades to prevent ponding of water
C. All excess material and waste to be removed from site, and work to be left
in clean, finished conditions.
3.08 Final Acceptance:
A. Site shall be thoroughly inspected by Owner prior to final acceptance.
B. Any areas needing further grading or other attention shall be completed to
Owner's satisfaction.
4. SPECIFICATIONS FOR SUB SOIL PREPARATION (Where Topsoil shall be
added)
Note: (This specification applies only if additional topsoil will be placed over
existing soil.)
4.01 General:
The areas to which these specifications apply and on which topsoil is be spread
shall be as indicated on the drawings or as otherwise specified. Equipment,
labor and materials necessary for preparation of the specified areas shall be
furnished by this contractor.
4.02 Grading:
Grades on the areas to be topsoiled which have been previously established in
conformance with the drawings and/or other applicable specifications shall be
maintained in a true and even grade.
4.03 Tilling:
After the areas to be topsoiled have been brought to grade, compacted where
necessary and immediately prior to dumping and spreading the topsoil, the
subgrade shall be loosened by disking or by scarifying to a depth of at least two
inches to permit bonding of the topsoil to the subsoil.
4.05 Acceptance:
Acceptance shall be given by the general contractor, owner, architect or their
agent upon satisfactory completion of each section or area as indicated on the
drawings or as otherwise specified.
5. SPECIFICATIONS FOR TOPSOIL MATERIAL AND APPLICATION
Note: (Topsoil on the existing site may often be used, but it should meet the
same standards as set forth in these specifications.)
5.01 General:
The contractor shall furnish all topsoil, labor, material and equipment required
r to complete the work described herein in strict accordance with the drawings
and/or terms of the contract.
5.02 Materials:
A. Topsoil shall be a loamy sand, sandy loam, clay loam, loam, silt loam,
sandy clay loam or other soil approved by the architect. It shall not have a
moisture of subsoil and contain no slag, cinders, stones, lumps of soil,
sticks, roots, trash or other extraneous materials larger than 1 1/2 inches in
diameter. Topsoil must also be free of viable plants or plant parts of
common bermuda- grass, quackgrass, johnsongrass, nutsedge, poison ivy,
Canada thistle, or others as specified. All topsoil shall be tested by a
reputable laboratory of pH and soluble salts. If not, the contractor shall
assume full responsibility for any loss or damage to trees, shrubs or
turfgrass sod arising from pH and / or soluble salt problem:.
B. No turfgrass sod shall be placed on soil which has been chemically treated
until sufficient time has elapsed to permit dissipation of all toxic materials.
This contractor shall assume full responsibility for any loss or damage to
turfgrass sod arising from improper use of chemicals or due to his failure to
allow sufficient time to permit dissipation of toxic residues, whether or not
such materials are specified herein.
5.03 Grading:
The topsoil shall be uniformly distributed on the designated area and it shall be
a minimum of four inches, six inches preferred, after firming. Additionally,
some incorporation with subgrade is necessary to form a transition zone
between the surface material and the subgrade. Spreading shall be performed
in such a manner that sod installation can proceed with a minimum of
additional soil preparation and tillage. Grading shall result in a smooth surface.
The surface shall be rolled to remove air pockets and provide a firm base for
the sod. Any irregularities in the surface resulting from topsoiling or other
operations shall be corrected in order to prevent the formation of depressions
or water pockets. Topsoil shall not be placed while in a frozen or muddy
condition, when the subgrade is excessively wet, or in a condition that may
otherwise be detrimental to proper grading, or proposed for turfgrass sod
installation.
9
91
5.04 Clean Up:
After the topsoil has been spread and the final grades approved, it shall be
cleared of all grade stakes, surface trash and other objects that would hinder
installation and/or maintenance of turfgrass sod and other plantings. Paved
areas over which hauling operations are conducted shall be kept clean, and any _
soil which may be brought upon the surfacing shall be promptly removed. The
wheels of all vehicles shall be kept clean to avoid tracking soil on the surfacing
of roads, walks or other paved areas. _
6. FINAL SOIL PREPARATION
Note:- (Specifications given in this section apply both to areas where topsoil _
has been added and to areas where'soil from the existing site is used.)
6.01 General:
The contractor shall furnish all labor, material and equipment require to
complete the work described herein in strict accordance with the drawings
and/or terms of the contract.
6.02 Materials:
(Non applicable) Soil tests shall be made to determine the exact requirements
for any amendments. Soil tests shall be conducted by a reputable laboratory.
Final Grading: Any undulations or irregularities in the surface resulting from
tilling or other causes shall be smoothed otherwise, shall be reconstructed and —'
all grades re-established by the contractor in accordance with the drawings
and/or other applicable specifications.
6.03 Acceptance:
Acceptance shall be given by the owner upon satisfactory completion of each
section or area as indicated on the drawings or as otherwise specified.
End -of -Section
10
.N*
SECTION 04 CONCRETE WORK
1. General
1.01 Work included
r' A. Section 01 - Summary of Work
B. Section 02 -Product Substitution
C. Section 03 - Earthwork and Grading
D. Section 05 - Track Surface
E. Section 06 - Irrigation
1.02 Subgrade Preparation
Subgrade preparation to include removal, hauling, and disposal of all
excavation of sub -soil, concrete, construction debris, unusable material, and
any other obstructions shown on plans or as designated by Owner.
1.03 Site Preparation
A. Contractor is responsible for layout of work based on plan dimensions,
excavation, grading, leveling, and compaction of subgrade and fill material.
B. Owner will approve initial elevation of slabs for structures and contractor
shall be responsible for all sidewalk grades.
C. Contractor shall verify work to Owner after subgrade preparation is
completed prior to actual construction.
1.04 Codes and Standards:
r- A. Comply with the provisions of the following codes, specifications and
standards, except where more stringent requirements are shown or
specified.
T B. ACI 347 "Recommended Practice for Concrete Form Work." ACI 304
Recommended Practice for Measuring, Mixing, Transporting and Placing
Concrete." Concrete Reinforcing Steel Institute, "Manual of Standard
Practice."
C. All handicap accessibility and ramps shall comply with current ADA
guidelines and recommendations, and shall meet the Texas Accessibility
r Standards (TAS) review requirements.
1.05 Workmanship:
A. The Contractor is responsible for correction of concrete workwhich does
not conform to the specified requirements, including strength, tolerances
and finishes. Correct deficient concrete as directed by the Owner.
B. Contractor to have a minimum of 3 years experience in forming and
pouring concrete of a similar nature and scope.
C. Concrete shall meet minimum strength specified on details.
F -
D. Contractor shall, at Owner's request, submit proof or test data of concrete
to be used. Contractor shall be responsible for type of concrete delivered
by ready mix plant.
2. Products
2.01 Form Material:
A. Forms for Concrete: Unless otherwise shown or specified, construct all
Form work for concrete surfaces with plywood, metal, metal -framed,
plywood -faced, or other acceptable panel -type materials, to provide
continuous, straight, smooth, surfaces. Finish in largest practicable sizes to
minimize number of joints, and to conform to joint system shown on
drawings. Provide form material with sufficient thickness to withstand
pressure of newly -placed concrete without bow or deflection. Forms used
for this class of concrete shall be new or "good -as -new."
B. Use Plywood complying with U.S. Product Standard PS-1 "b-B (Concrete
Form) Plywood" Class 1, Exterior Grade or better, mill -oiled and edge -
sealed, with each piece bearing legible trademark of an approved inspection
agency, unless otherwise acceptable to Owner.
2.02 Reinforcing Materials:
A. Reinforcing Bars: ANSI/ASTM A 615 with Supplementary Requirements
(sl), and as follows:
Provide Grade 60, except No. 3 ties and stirrups may be Grade 40.
B. Welded Wire Fabric: ANSI/ASTM A 185, welded steel wire fabric.
C. Supports for Reinforcement: Provide supports for reinforcement including
bolsters, chairs, spacers and other devices for spacing, supporting and
fastening reinforcing bars and welded wire fabric in place. Use wire bar
type supports complying with CRSI, unless otherwise specified. Wood,
brick and other devices will not be acceptable.
1. For slabs -on -grade, use supports with sand plates for horizontal runners
where wetted base materials will not support chair legs.
2. For exposed -to -view concrete surfaces, where legs of supports are in
contact with forms, provide supports with legs which are hot / dip
galvanized, or plastic protected or stainless steel protected.
2.03 Concrete Materials:
A. Portland Cement: ANSVASTM C 150, Type I with fibermesh, unless
otherwise acceptable to Owner.
B. Use only one brand of cement throughout the project, unless otherwise
acceptable to Owner.
C. Aggregates:
1. Clean, sharp, natural sand free from loam, clay, lumps or other
deleterious substances. Dune sand, bank -run sand, and manufactured
sand are not acceptable.
12
2. Coarse Aggregate: ANSI/ASTM C33. Clean, uncoated, processed
aggregate containing no clay, mud, loam, or foreign matter as follows:
r- a. Crushed stone, processed form natural rock or stone.
b. Washed gravel, either natural or crushed. Use of pit or bank- run
gravel is not permitted.
r" c. Provide aggregate from a single source for all exposed concrete.
4. Maximum Aggregate Size: Not larger than one -fifth of the narrowest
dimension between sides of forms, one-third of the depth of slabs, nor
r" three -fourths of the minimum clear spacing between individual
reinforcing bars or bundles of bars.
5. These limitations may be waived, if in the judgment of the Owner,
workability and methods of consolidation are such that concrete can be
placed without honeycomb or voids.
2.04 Water:
Clean, fresh, drinkable.
2.05 Air -Entraining Admixture:
ANSUASTM C 260.
.2.06 Water -Reducing Admixture:
ANSi/ASTM C 490, Type A, containing not more than 1% chloride ions.
2.07 Set -Control Admixtures: "
ASTM. C 494, as follows:
Type B, Retarding.
Type C, Accelerating.
Type D, Water -reducing and Retarding.
Type E, Water -reducing and Accelerating.
Calcium chloride will not be permitted in concrete, unless otherwise authorized
in writing by Owner.
2.08 Related Materials:
A. Expansion Joints: One-half inch, 1/2", Bituminous expansion joints. Joints
of 12' or less shall be one continuous piece installed as shown on detail.
B. Preformed Expansion Joint Fillers: Pre -molded fiber fill expansion joint
filler 1/2" wide and shall extend the full depth of the concrete as specified
on detail. The top of the filler shall have a 1/8" radius; the top of 1/2" of
the joint shall be filled with Urethane Sealant colored to match surrounding
finish color. Joints of 12' or less shall be one continuous piece: installed as
shown on detail.
C. Absorptive Cover: Burlap cloth made from jute or kenaf, weighing
approximately 9 oz. pr. sq. yd., complying with AASHO M 182, Class 3.
13
D. Moisture -Retaining Cover: One of the following, complying with ASTM
C 171.
Waterproof paper
Polyethylene film
Polyethylene -coated burlap
2.09 , Proportioning and Design of Mixers:
Exterior concrete shall contain five (5) sacks (564 lb.) of cement per cubic yard
of concrete, 6% plus or minus 1% of entrained air, coarse aggregate 1" or
smaller and shall be poured with a slump of 5" plus or minus 1" unless noted
otherwise.
2.10 Admixtures:
A. Use air -entraining admixture in exterior exposed concrete, unless otherwise
indicated. Add air -entraining admixture at the manufacture's prescribed
rate to result in concrete at the point of placement having air content within
the following limits:
1. Concrete structures and slabs exposed to freezing and thawing or
subjected to hydraulic pressure:
2. 6% for maximum 1" aggregate.
6% for maximum 3/4" aggregate.
B. Use admixtures for water -reducing and set -control in strict compliance
with the manufacturer's directions.
C. Use amounts of admixtures as recommended by the manufacturer for
climactic conditions prevailing at the time of placing. Adjust and types of
admixtures as required to maintain quality control.
2.11 Slump Limits:
Proportion and design mixes to result in concrete slump at the point of
placement as follows:
1. Ramps and Sloping Surfaces: Not more than 3".
2. All Other Concrete: Not less than 1" and not more than 4".
2.12 Concrete Mixing:
A. `Ready -Mix Concrete: Comply with the requirements of ANSI/ASST. C
94, and as herein specified.
B. Addition of water to the batch will not be permitted.
C. During hot weather, or under conditions contributing to rapid setting of
concrete, a shorter mixing time than specified in ANSI/ASTM C 94 may be
required.
D. When the air temperature is between 85 degrees F. and 90 degrees F. ,
reduce the mixing and delivery time from 1-1/2 hours to 75 minutes, and
when the air temperature is above 90 degrees F. , reduce the mixing and
delivery time to 60 minutes.
14
FM
4
r
r
i
1
9
3. Execution
3.01 Forms:
A. General
Design, erect, support, brace, and maintain formwork to support
vertical and lateral loads that night be applied until such loads can
be supported by the concrete structure. Construct form work so
concrete members and structures are of correct size, shape,
alignment, elevation and position without noticable corners.. All
curves shal have smooth flowing curves as shown on plans.
Design form work to be readily removable without impact, shock,
or damage to cast -in -place concrete surface and adjacent materials.
Forms shall not leak cement paste.
Fabricate forms for easy removal without hammering or prying
against the concrete surfaces. Provide crush plates or wrecking
plates where stripping may damage cast concrete surfaces. Provide
top forms for inclined surfaces where slope is too steep to place
concrete with bottom forms only. keep wood inserts for forming
key ways, reglets, recesses and the like, to prevent swelling and for
easy removal.
1.
2.
3.
4.
5. Provide temporary openings where interior area of formwork is
inaccessible for clean -out, for inspection before concrete placement,
and for placement of concrete. Securely brace temporary openings
and set tightly to form to prevent loss of concrete mortar. Locate
temporary openings on forms at inconspicuous location.
6. Tool all exposed corners and edges as shown, to produce uniform
smooth lines and tight edge joints.
B. Form Ties:
1. Factory -fabricated,. adjustable -length, removable, or snap off metal
form ties, designed to prevent form deflection, and to prevent
spalling concrete surfaces upon removal.
2. Unless otherwise shown, provide ties to portion remaining within
concrete after removal is at least 1 11T' inside concrete. Unless
otherwise shown, provide form ties which will not leave holes
larger than 1" diameter in concrete surface.
C. Cleaning and Tightening:
1. Thoroughly clean forms and adjacent surfaces to receive concrete.
Remove chips, wood, sawdust, dirt or other debris just before
concrete is placed.
2. Re -tighten forms after concrete placement if required to eliminate
mortar leaks.
71,
15
3.02 Placing Reinforcing:
A. Comply with the specified codes and standards, and Concrete Reinforcing
Steel Institute's recommended practice for "Placing Reinforcing Bars", for
details and methods of reinforcement placement and supports, and as
herein specified.
B. Clean reinforcement of loose rust and mill scale, earth, ice, and other
materials which reduce or destroy bond with concrete.
C. Accurately position, support, and secure reinforcement against
displacement by Form work, construction, or concrete placement
operations. " Locate and support reinforcing by metal chairs, runners,
bolsters, spacers and hangers, as required.
D. Place reinforcement to obtain at least the minimum coverage for concrete
protection. Arrange, space and securely tie bars and bar supports to hold
reinforcement in position during concrete placement operations. Set wire
ties so ends are directed into concrete, not toward exposed concrete
surfaces.
E. Do not place reinforcing bars more than 2" beyond the last leg of
continuous bar support. Do not use supports as bases for runways for
concrete conveying equipment and similar construction loads.
F. Install welded wire fabric in as long lengths as practicable. Lapadjoining
pieces at least one full mesh and lace splices with wire. Offset end laps in
adjacent widths to prevent continuous laps in either direction.
3.03 Joints: General
A. Construction Joints: Locate and install construction joints so as not to
impair the strength and appearance of the structure, as acceptable to the
Owner.
1. Provide key ways at least 1 1/2" deep in all construction joints in walls,
slabs and between walls and footings; acceptable bulkheads designed
for this purpose may be used for slabs.
2. Place construction joints perpendicular to the main reinforcement.
Continue all reinforcement across construction joints.
B. Control Joints in Slabs -on -Ground: Construct control joints in slabs -on -
ground to form panels or patterns as shown or directed. Use screed type
joints equal to those manufactured by Superior Concrete Accessories, Inc.
Screed Key joints are of 24 guage galvanized steel with 1 1/8" dowel
knockouts at_6" on centers. Install with a minimum of five special 16
guage by 1" stakes per ten feet of length of material. If saw cut control
joints are used, they shall be made with a power saw fitted with an abrasive
or diamond blade. Saw cuts shall be three -fifths the slab thickness as
shown on plans. Sawing shall begin as soon as the concrete surface is firm
enough so that it will not be torn or damaged by the blade. This will be
within 4 to 12 hours after the concrete hardens.
16
C. Isolation Joints in Slabs -on -Ground: Construct isolation joints in slabs on
ground at all points of contact between slabs on ground and vertical
f"
surfaces, such as column pedestals, foundation walls, grade beams and
'.
elsewhere as indicated.
D. Expansion Joints: Provide Pre -molded joint filler or other specified
material for expansion joints abutting concrete curbs, catch basins,
manholes, inlets, structures, walks, and other fixed objects.
1. Extend joint fillers full -width and depth of joint, and not less than 1/2"
r
or more than 1" below finished surface. Furnish joint filler in one-
piece lengths for the full width being place, wherever possible. Where
more than one length is required, lace or clip joint filler section
r
together. Form top edge of filler to conform to top profile of concrete.
2. Protect the top edge of the joint filler during concrete placement with a
r
metal cap or other temporary materials. Remove protection after both
s
sides of joint are placed.
3. Expansion joints shall be located where needed to pour concrete, at
intersections of all concrete elements, and where concrete changes in
direction. Expansion joints shall be located at least every 30' in
sidewalks or every 15' to 20' each way in larger areas. Expansion joints
shall be 1/2" wide and contain a 1/2" premolded fiberfill expansion joint
filler. The top of the joint shall have a 1/8" radius; the top 1/2" of the
joint shall be filled with a gray colored urethane sealant. Expansion
joints shall have #16 galvanized nails driven half -way through at 18"
O.C.
E. Edge Forms and Screed Strips for Slabs: Set edge forms for bulkheads and
�-
intermediate screed strips for slabs to obtain the required elevations and
contours in the finished slab surface. Provide and secure units sufficiently
strong to support the types of screeds required. Align the concrete surface
to the elevation of the screed strips by the use of strike -off templates or
accepted compacting type screeds.
F. Preparation of Form Surfaces: Coat the contact surfaces of forms with a
r'
form -coating compound before reinforcement is placed. Provide
t
commercial formulation form -coating compounds that will not bond with,
stain nor adversely affect concrete surfaces, and will not impair subsequent
treatment of concrete surfaces requiring bond or adhesion, nor impede
r
wetting of surfaces to be cured with water or curing compounds. Thin
form -coating compounds only with thinning agent of type, and in amount,
and under conditions of the form -coating compound manufacturer's
directions. Do not allow excess form -coating material to accumulate in the
,..
forms or to come into contact with concrete surfaces against which fresh
concrete will be placed. Apply in compliance with manufacturer's
instructions.
17
17
6.1
3.04 Concrete Placement:
A. General:
1. Comply with ACI 614, and as herein specified.
2. Deposit concrete continuously or in layers of such thickness that no
concrete will be placed on concrete which has hardened sufficiently to
cause the formation of seams or planes of weakness within the section.
If a section cannot be placed continuously, provide construction joints
as herein specified.
3. Deposit concrete as nearly as practicable to its*final location to avoid
segregation due to re -handling or flowing.
B. Pre -Placement Inspection:
1. Before placing concrete, inspect and complete the Formwork
installation, reinforcing steel, and items to be embedded or cast -in.
2. Thoroughly wet wood forms immediately before placing concrete, as
required where form coatings are not used.
3. All standing water over sand, or plastic shall be removed prior to
concrete placement.
C. Placing Concrete in Forms:
1. Deposit concrete in forms in horizontal layers not deeper than 18" and
in a manner to avoid inclined construction joints.
2. Consolidate placed concrete by mechanical vibrating equipment
supplemented by hand -spading, rodding or tamping. Use vibrators
designed to operate with vibratory element submerged in concrete,
maintaining a speed of not less than 6000 impulses per minute.
3. Do not use vibrators to transport concrete inside of forms. Insert and
withdraw vibrators vertically at uniformly spaced locations not farther
than the visible effectiveness of the machine. Do not insert vibrators
into lower layers of concrete that have begun to set, At each insertion,
limit the duration of vibration to the time necessaryto consolidate the
concrete and complete embodiment of reinforcement and other
embedded items without causing segregation of the mix.
D. Placing Concrete Slabs:
1. Deposit and consolidate concrete slabs in a continuous operation, within
the limits of construction joints, until the placing of a panel or section is
completed.
2. Consolidate concrete during placing operations so that concrete is
thoroughly worked around reinforcement and other embedded items
and into corners.
3. Bring slab surfaces to the correct level with a straightedge and strike
off. Use bull floats or Darbies to smooth the surface, leaving it free of
humps or hollows. Do not sprinkle water on the plastic surface. Do
not disturb the slab surfaces prior to beginning finishing operations.
4. Maintain reinforcing in the proper position during concrete placement
operations.
18
c=
r
3.05 Finish of Formed Surfaces:
A Finishing Procedures:
1. After striking -off and consolidating concrete, smooth the surface by
screeding and floating. Do not use "Jitterbugs" (jitterbug technique
shall be used on surface of curb ramps only and shall meet or exceed
Texas Accessability Standards). Use hand methods only where
mechanical floating is not possible. Adjust the floating to compact the
surface and produce a uniform mixture.
2. After floating, test surface for trueness with a 10" straightedge.
Distribute concrete as required to remove surface irregularities, and
refloat repaired areas to provide a continuous, smoother finish.
3. Work edges of slabs, gutters, back top edge of curb, and formed joints
with an edging tool, and round to 1/2" radius, unless otherwise shown.
Eliminate any tool marks on concrete surface.
4. After completion of floating and excess moisture or surface sheen has
disappeared complete, surface finishing as follows:
Broom Finish:
a. Broom finish, by lightly drawing a fine broom across concrete
surface. Repeat operation if required to provide a fine line texture
acceptable to the Owner.
b. On inclining slab surfaces, provide a coarse, non -slip finish by
scoring surface with a stiff -bristled broom.
3.06 Concrete Curing and Protection:
A. General: Contractor shall be responsible for the protection of uncured
concrete. Contractor shall allow no stray marking or footprints to be
placed in the uncured concrete. Protect freshly placed concrete from
premature drying and excessive cold or hot temperature, and maintain
without drying at a relatively constant temperature for a period of time
necessary for hydration of cement and proper hardening.
1. Start initial curing application as soon as free water has disappeared
from concrete surface after placing and finishing. Weather permitting,
keep continuously moist for not less than 72 hours.
2. Begin final curing procedures immediately following initial curing and
before concrete has dried. Continue final curing for at least 168
cumulative hours (not necessarily consecutive) during which concrete
has been exposed to air temperatures above 50 degrees F. Avoid rapid
drying at end of final curing period.
B. Curing Methods: Perform curing of concrete by moist curing or by
moisture retaining cover curing or by combinations thereof, as herein
specified.
1. Provide moisture curing by following methods:
2. Keep concrete surface continuously wet by covering with water.
Continuously water -fog spray.
19
3. Covering concrete surface with specified absorptive cover,
thoroughly saturating cover with water and keeping continuously
wet. Place absorptive cover to provide coverage of concrete
surfaces and edges, with 4" lap over adjacent absorptive covers.
4. Provide moisture -cover curing as follows: Covering concrete
surfaces with moisture -retaining cover for curing concrete, placed
in widest practicable width with sides and ends lapped at least 3"
and sealed by water proof tape or adhesive. Immediately repair any
holes or tears during curing period using cover materials and
waterproof tape.
C. Curing Formed Surfaces: Cure formed concrete surfaces, including
undersides of beams, supported slabs and other similar surfaces, by
moist curing with forms in place for full curing period, or until forms
are removed. If forms are removed, continue curing by methods
specified above, as applicable.
D. Curing Unformed Surfaces: Initially cure unformed surfaces, such as
slabs, floor topping, and other flat surfaces by moist curing.
1. Final cure unformed surfaces, unless otherwise specified, by
methods specified above, as applicable.
2. Final cure concrete surfaces to receive liquid floor hardener or finish
flooring by use of moisture -retaining cover, unless otherwise
directed
3.07 Mscellaneous Concrete Items:
A. Filling -In: Fill- in holes and openings left in concrete structures for passage
of work by other trades, unless otherwise shown or directed, after work of
other trades is in place. Mix, place and cure concrete as herein specified,
to blend with in -place construction. Provide other miscellaneous concrete
filling shown or required to complete work.
B. Curbs: Provide monolithic finish to interior curbs by stripping forms while
concrete is still green and steel -troweling surfaces to a hard, dense finish
with corners, intersections, and terminations slightly rounded.
C. Sleeves: Provide sleeves where need for poles within concrete pad for
underground service elements as shown on plan. Sleeves shall be 4" PVC
Schedule 40 pipe or as specified on plans, and have 4" of cover minimum.
These sleeves shall be made aware to owner upon completion.
3.08 Concrete Surface Repairs:
A. Patching Defective Areas: Repair and patch defective areas with cement
mortar immediately after removal of forms, but only when acceptable to
Owner.
20
r
OW
B. Cut out honeycomb, rock pockets, voids over 1/4" in any dimension, and
holes left by tie rods and bolts, down to solid concrete but, in no case to a
depth of less than 1". Make edges of cuts perpendicular to the concrete
surface. Before placing cement mortar or proprietary patching compound,
thoroughly clean, dampen with water and brush -coat the area to be patched
t'
with neat cement grout, or proprietary bonding agent.
C. For exposed -to -view surfaces, blend white portland cement and standard
portland cement so that, when dry, patching mortar will match color
r"
surrounding. Provide test areas at inconspicuous location to verify mixture
and color match before proceeding with patching. Compact mortar in place
and strike -off slightly higher than surrounding surface.
r
D. Repair of Formed Surfaces: Remove and replace concrete having defective
surfaces if defects cannot be repaired to satisfaction of Owner. Surface
defects, as such, include color and texture irregularities, cracks, spalls, air
bubbles, honeycomb, rock pockets, fins and other projections on surface,
and stains and other discolorations that cannot be removed by cleaning.
Flush out form ties holes, fill with dry pack mortar, or precast cement cone
plugs secured in place with bonding agent.
E Repair finished unformed surfaces that contain defects with adversely affect
�.,
durability of concrete. Surface defects, as such, include crazing, cracks in
excess of 0.01" wide or which penetrate to reinforcement or completely
`
through non -reinforced sections regardless of width, spalling, pop -outs,
honeycomb, rock pockets, and other objectionable conditions.
F. Correct high areas in unformed surfaces by grinding, after concrete has
cured at least 14 days.
G. Correct low areas in unformed surfaces during, or immediately after
completion of surface finishing operations by cutting out low areas and
replacing with fresh concrete. Finish repaired areas to blend into adjacent
concrete. Proprietary patching compounds may be used when acceptable
to Owners.
H. Repair defective areas, except random cracks and single holes not
exceeding 1" diameter, by cutting out and replacing with fresh concrete.
Remove defective areas to sound concrete with clean, square cuts and
expose reinforcing steel with at least 3/4" clearance all around. Dampen
concrete surfaces in contact with patching concrete, and brush with a neat
i�
cement grout coating or concrete bonding agent. Mix patching concrete of
same materials to provide concrete of the same type or class as original
concrete. Place, compact and finish to blend with adjacent finished
'
concrete. Cure in the same manner as adjacent concrete.
I. Repair isolated random cracks and single holes not over 1" in diameter by
dry -pack method. Groove top of cracks and cut-out holes to sound
concrete and clean of dust, dirt and loose particles. Dampen cleaned
concrete surfaces and brush with neat cement grout coating or concrete
bonding agent. Mix dry -pack, consisting of one part portland cement to 2-
1/2 parts fine aggregate passing a No. 16 mesh sieve, using only enough
A
21
water as required for handling and placing. Compact dry -pack mixture in
place and finish to match adjacent concrete. Keep patched area
continuously moist for not less than 72 hours.
1. Use epoxy -based mortar for structural repairs, where directed by
Owner.
2. Repair methods not specified above may be used, subject to acceptance
of Owner.
3.09 Quality Control Testing During Construction:
A. Sampling and testing for quality control during the placement of concrete
may include the following, as directed by the Owner:
1. Sampling Fresh Concrete: ASTM C 172, except modified for slump to
comply with ASTM C 94.
2. Slump: ASTM C 143; one test for concrete load at point of discharge;
and one test for each set of compressive strength test specimens.
3. Air Content: ASTM C 173, volumetric method for lightweight
concrete; ASTM C 231 pressure for normal weight concrete; one for
each set of compressive strength test specimens.
3. Concrete Temperature: Test hourly when air temperature is 40 degrees
F. and below, and when 80 degrees F. and above and each time a set
of compression test specimens is made.
4. Compression Test Specimen: ASST. C 31; one set of 6 standard
cylinders for each compressive strength test, unless otherwise directed.
Mold, label, and store cylinders (do not leave on site) for laboratory
cured test specimens except when field -cure test specimens required.
5. Compressive Strength Tests: ASST. C 39; one set for each 100 cu. yd.
or fraction thereof, of each concrete class placed in any one day or for
each 5,000 sq. ft. of surface area place; 2 specimens tested at 7 days, 3
specimens tested at 28 days, and one specimen retained in reserve for
later testing if required. Testing will be done by the contractor with on
expense to the owner.
a. When the frequency of testing will provide less than 5 strength test
for a given class of concrete, conduct testing from at least 5
randomly selected batches, or from each batch if fewer than 5 are
used.
b. When the total quantity of a given class of concrete is less than 50
cu. yd., the strength test may be waived by the Owner if, in his
judgment, adequate evidence of satisfactory strength is provided.
c. When the strength of field -cured cylinders is less than 85% of
companion laboratory -cured cylinders, evaluate current operations
and provide corrective procedures for protecting and curing the in -
place concrete.
22
i
r
B. Test results will be reported in writing to the Owner and the Contractor on
the same day that tests are made. reports of compressive strength tests
r'
shall contain the project identification name and number, date of concrete
a
placement, name of concrete testing service, concrete type and class,
location of concrete batch in the structure, design compressive strength at
r"
28 days, concrete mix proportions and materials, compressive breaking
strength and type of break for both 7-day tests and 28-day tests.
C. Additional Tests: The testing service will make additional tests of in -place
r"
concrete when test results indicate the specified concrete strength and
other characteristics have not been attained in the structure, as directed by
the Owner. The testing service may conduct tests to determine adequacy
r
of concrete by cored cylinders complying with ASTM C 42, or by other
methods as directed. Contractor shall pay for such tests conducted, and
any other additional testing as may be required, when unacceptable
r„
concrete is verified.
7
End -of -Section
23
pop
d
SECTION 05 TRACK SURFACE
1. General
1.01 Scope of Project
Contractor to supply all superintendency, perform all work, and furnish all
labor, equipment, and incidentals necessary to fully and properly install track
surface material as described in the plans and specifications. Contractor shall
supply track mix and transportation of material to site. All construction and
other work shall be done in accordance with the best engineering and
construction practice's for the skill or trade involved.
1.02 Work Included
A.
Section 01 - Summary of Work
B.
Section 02 - Product Substitution
r
C.
Section 03 - Earthwork and Grading
t
D.
Section 04 -Concrete
E.
Section 06 -Irrigation
r
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 and Recreation
Department (which shall be called Owner). Contractor shall set all
construction stakes for locations of elements at project site, and give the
owner 48 hours for approval of staking before construction can begin.
2. Material
2.01 Track surface shall be of the following:
r
A.
Red Dog Cinder track Mix:
1. Base course 3"
(Caliche or crushed rock)
2. Red Dog top course 33"
TOTAL 6"
B.
Compacted Sub -base 90%.
C.
Concrete Curb - Refer to section 04 - Concrete Work
2.02 Source of Material
Contractor shall supply track mix by Strawn Materials, Inc., (817) 672-5261,
or approved equal.
24
ii
3. Execution
A. Base Course:
1. Placement of the base course shall be done only after the subgrade is
finished and curb installed.
2. Base course shall be distributed around the track in such a manner that the
curb will not be disturbed or damaged.
3. Spread base course to material thickness which will allow 10 percent
compaction. Use of light blade equipment will be allowed.
4. Compact base course.
B. Top Course:
1. Topping shall be delivered onto the base course with light equipment,
protecting curbs and base course. Use of light blade equipment or approved
equal shall be used to distribute topping.
2. After spreading top course and screening to require bulk thickness to allow
10 percent compaction, the top course shall be compacted and rolled
uniformily with equipment of not more than 500 pounds per square foot on
bearing surface.
Track mix shall be sprinkled as required to provide not less than optimum moisture
during compaction and placed as shown on plan. Compact to a uniform and level
grade of 1/2" below curb level and concrete walk levels. Track mix shall be stock
piled only in areas that are acceptable to owner. Any silt or or unstable areas found
by test rolling shall be corrected by removing the soft or unstable material and
replacing it with suitable compacted to specified density.
End -of -Section
25
r
SECTION 06 IRRIGATION SYSTEM
1.1 Work included:
,.. A. Section 01 - Summary of Work
f B. Section 02 -Product Substitution
C. Section 03 - Earthwork and Grading
D. Section 04 -Concrete
E. Section 05 - Track Surface
r 2.1 Qualifications of Bidder -Licensing
A. Bidder shall be a registered Contractor and have a licensed irrigation
installer in the state of Texas or from the state where Contractor is
based on staff. 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 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.
2.2 Codes and Standards
A. Bidder to conform to all local, state, and federal codes and ordinances.
2.3 Discrepancies
A. 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.
3. Site Conditions
3.1 Examination of Sites
A. 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.
26
F
3.2 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. Bores ( if applicable) - Contractor is responsible for bores and sleeving
necessary to go under concrete to provide any utility service to the
project site. Bored holes shall be of the smallest diameter which will
permit installation of encasement pipe. Irrigation lines crossing
sidewalks shall be sleeved with schedule 80 P.V.C. pipe. Pipe to be
large enough for irrigation pipe and conduit for electrical control wires
(if necessary).
4. Field Quality Control
4.1 Responsibility of Materials
A. 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.
4.2 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.
C. Contractor shall be responsible for the protection and care of existing
irrigation heads both to be removed and to remain.
4.3 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.
27
r
r 5. Submittals
5.1 Shop Drawings
A. 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,
i- valves, piping circuits, controls, and accessories.
5.2 Maintenance Materials
A. At completion of job Contractor shall furnish spare parts, special tools,
and equipment required to operate and maintain system.
5.3 Maintenance Data
A. Contractor shall furnish two (2) copies of parts fist and repair manuals
for controllers, valves, and heads.
5.4 Project Record Document
A. 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. "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
6.1 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.
2s
F
6.2 Materials
A. P.V.C. Pipe
1. 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
21/2" 200
3" 200
4" 200 --
6" 200
(USE ONLY WITH PUMP)
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.
B. PVC Fittings _
1. Schedule 40 fittings must conform to ASTM D-2466.
2. Schedule 80 fittings must conform to ASTM D-2464.
29
r C. Swing Joints
1. Nipples: Schedule SO 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
D. Valves
r
1. Section Valves: Weather-matic 11000 CR series, 1 1/2" and
2" or "approved equal') with XPR pressure regulator option
(part #PRK 24).
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. The valve shall be equipped with a pressure
regulating device.
E. Valve Boxes
1. Valve Box (Brooks model 1419 or approved equal).
A. Supplied and installed by Contractor
B. Minimum Dimensions: 15" x 21" x 12" deep, molded plastic.
Extensions shall be used as necessary to and shall be
compatible with box to achieve depth required (bricks shall
not be used).
C. Bolt -in green lid with cover lift holes (rectangular, lid
shall have snap lock tab closure).
F 30
F. Sprinkler Heads.
1. Specified Head #L Rainbird 1800, 15 Series (or "approved
equal")
a. Body: Shall be Rainbird 1804 PRS and (or "approved
equal') Non -corrosive cycolac and stainless steel
construction.
b. pop-up design with pressure regulation.
c. 15' radius at 30 PSI. with .93 G.P.M. on 90 deg., 2.48
G.P.M. on 240 deg. emitter,1.85 G.P.M. on 180 deg.
emitter.
d. Precipitation Rate 1.83"/hr for 90 deg. head, 1.83"/hr for
240 deg. head.
e. Screens shall be 1800 PCS, part # PCS-125.
2. Specified Head 92: Rainbird 1800, 10 Series (or "approved
equal")
a. Body: Shall be Rainbird 1804 PRS and (or "approved
equal') Non -corrosive cycolac and stainless steel
construction.
b. pop-up design with pressure regulation.
c. 10' radius at 30 PSI. with .39 G.P.M. on 90 deg., .79
G.P.M. on 180 deg. emitter.
d. Precipitation Rate-1.75"/hr for 90 deg. head, 1.75"/hr for
180 deg. head.
e. Screens shall be 1800 PCS, part # PCS-125.
3. Specified Head #3: Relocate existing Toro model 640 heads.
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 shall also be encased in stainless steel.
Sprinklers shall be mounted up to 1/2 inch below finished
grade.
G. 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.
31
H. Miscellaneous Equipment
1. Wire Connectors
A. Provide moisture -proof connection for underground wiring.
B. Copper crimp sleeves must be used inside moisture -proof
connectors to secure wires
2. P.V.C. Solvent and Primer
A. Solvent used on P.V.C. 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.
7. Execution
7.1 Handling of Materials
A. Contractor shall exercise care in handling, loading, and unloading of
all equipment. All P.V.C. 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.
7.2 Trenching
A. To have straight, flat bottoms and of sufficient depth for sprinkler
r` 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.
7.3 Laying of P.V.C. 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.
32
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.
J. Make joints in all screwed fittings by applying Teflon tape on male threads.
Use of Teflon dope is prohibited.
L. Where threaded P.V.C. connections are required, use threaded P.V.C.
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 L's 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.
33
7.4 Installation of Valves (gate, double check, and section valves.)
r., 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 to bring valve box to grade as required and shall be
compatible with the valve box (no bricks shall be used).
B. Install double check valve with PVC unions before and after valve.
r.. 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. depth of
3/4" washed gravel up to bottom of valve.
7.5 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 where
applicable.
7.6 Flushing
i
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.
B. The lateral lines will be flushed just prior to 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 swung 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.
34
7.7 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.
7.8 Backfill
A. 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.
7.9 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.
8. Inspection/Acceptance
8.1 Preliminary Inspection
A. 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.
35
i
7 8.2 Final Inspection
A. After preliminary inspection has taken place and all corrections and
q 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
t' satisfaction. At this time Owner will take delivery of as -built
drawings on paper and accept system from Contractor. An
acceptance form will follow from Owner to Contractor.
9. Clean up
9.1 Removal of Site Debris
A. 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.
10.1 Guarantee
A. Contractor shall:
1. Make all needed repairs or replacements due to defective
workmanship or materials for exactly one (1) year following date of
final acceptance.
r 2. Be responsible for all expenses necessary for repairs and
replacement.
3. 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.
4. Pay for expenses incurred to project due to vandalism prior to final
acceptance.
End -of -Section
F
36