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HomeMy WebLinkAboutResolution - 5228 - Contract-David Wood Contruction Inc-Groves Branch Library Landscape Improvements - 07_25_1996RESOLUTION NO.5228 July 25, 1996 Item #25 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 between the City of Lubbock and David Wood Construction, Inc. of Lubbock, Texas, to furnish and install all materials and services as bid for the Groves Branch Library Landscape Improvements, attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: ltiL--rj0� x Harold Willard, Interim City Secretary APPROVED AS TO CONTENT: Victor Kihnin, Curchasing Manager APPROVED AS TO FORM: Attorney DGV js/DAVDW00D.RES ccdocs/July 16, 1996 N CITY OF LUBBOCK SPECIFICATIONS FOR GROVES BRANCH LIBRARY LANDSCAPE IMPROVEMENTS BID #13610 ..�� 6y a N C -i r� O Z Gn NJ co CITY OF LUBBOCK NO Lubbock, Texas!A l City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 B0B-7B7-21 B7 MAILED TO VENDOR: July 3, 1996 OLD CLOSE DATE: July 10, 1996 @ 4:00 P.M. Office of Purchasing ITB #13610 - GROVES BRANCH LIBRARY LANDSCAPE IMPROVEMENTS ADDENDUM #3 The following items take precedence over specifications for the above named ITB. Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Enclosed please find the revised Bid Submittal Form, deleting the word "turf" from Alternative Bid No. 1. Please submit your bid on the revised form. All requests for additional information or clarification must be submitted in writing and directed to: Laura Ritchie Buyer City of Lubbock P.O. Box 20DO Lubbock, Texas 79457 Questions may be faxed to: (8D6)767-2164 THANK YOU, 4LAA RITCHIE BUYER PLEASE RETURN ONE COPY WITH YOUR BID. LR Fg.7uch:add=d-L&w UM 12:11 PM ft F PLACE: DATE: BID SUBMITTAL LUMP SUM BID CONTRACT r PROJECT NUMBER: 13610 - GROVES BRANCH LIBRARY LANDSCAPE IMPROVEMENTS l Bid of (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: FThe 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 intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. BASE BID: Furnish and install new irrigation system (to include all material, equipment, labor, and supervision) complete in place at Groves Branch (19th and Dover): MATERIALS: ($ ) SERVICES: ($ ) �. TOTAL BASE BID: ($ ) 1, ALTERNATIVE BID NO. 1: Furnish and install trees, shrubs, groundcovers, (to include all material, equipment, labor, and supervision) complete in place at Groves Branch (19th and Dover): MATERIALS: ($ ) SERVICES: ($ ) TOTAL ALTERNATIVE BID NO. 1(Add) ($ ) ALTERNATIVE BID NO. 2: Furnish and install concrete sidewalk/curbs (to include all material, equipment, labor, and supervision) complete in place at Groves Branch (19th and Dover): r MATERIALS: ($ ) e SERVICES: ($ ) IrI TOTAL ALTERNATIVE BID NO.2 (Add): ($ ) t r F F F p� ALTERNATIVE BID NO. 3: Furnish and install concrete maintenance strip under new fence on North Property line (to include all material, equipment, labor, and supervision) complete in place at Groves Branch (19th and Dover) (as shown on irrigation plan): MATERIALS: ($ ) SERVICES: ($ ) TOTAL ALTERNATIVE BID NO. 3 (Add): ($ ) (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 45 (FORTY-FIVE) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $200.00 (TWO HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 21 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Dollars which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. F It r Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. F tr is r r i. l (Seal if Bidder is a Corporation) ATTEST: r Secretary i n I pp t� PO f flo Authorized Signature (Printed or Typed Name) Company Address City, County State Zip Code Telephone: - Fax Number. F Office of L City of Lubbock Purchasing l P.O. Box 2000 Lubbock, Texas 79457 e06-767-2167 MAILED TO VENDOR: June 26, 1996 OLD CLOSE DATE: July 2, 1996 @ 3:00 P.M. ,., NEW CLOSE DATE: July 10, 1996 @ 4:00 P.M. ITB 013610 - GROVES BRANCH LIBRARY LANDSCAPE IMPROVEMENTS l ADDENDUM #2 l The following items take precedence over specifications for the above named ITB. Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this t addendum, shall remain in effect. l 1. Delete concrete work down the entire north side of the parking lot (approximately 200')., Add maintenance curb from North East comer of parking lot East to existing walk l (approximately 20'). l 2. Concrete shall be Portland Cement: ANSI/ASTM C 150, Type 11, 4", 3000 P.S.I. with r fibermesh, medium broom finish. Codes and standards: ACI 347 and ACI 304. t , 3. Plant Legend Clarification: A. IV, 4, Yaupon Holly, Ilex Vomitoria, "' 7 gal. k B & B, Container, Multi -stem i B. MV, 1675, Vinca Major, Parthenocissus Tricuspidata, 3" Min., 45" O.C. 4. The bid closing has been changed from: July 2, 1996 @ 3:00 P.M. to: July 10, 1996 @ 4:00 P.M. All requests for additional information or clarification must be submitted in writing and directed to: Laura Ritchie Buyer City of Lubbock P.O. Box 2000 l Lubbock, Texas 79457 l Questions may be faxed to: (806)767-2164 THANK YOU, 4ata' L& �'- LAORA RITCHIE BUYER FPLEASE RETURN ONE COPY WITH YOUR BID. 6:pwck&dd=d-L4oc 6✓ "611:07 AM 7' r City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 606-767-2167 MAILED TO VENDOR: OLD CLOSE DATE: NEW CLOSE DATE: June 24,1996 June 27,1996 @ 3:00 P.M. July 2,1996 @ 3:00 PAL 1TB #13610 - GROVES BRANCH LIBRARY LANDSCAPE MIPROVEMENTS Office of Purchasing ADDENDUM #1 The following items take precedence over specifications for the above named TTB. Where any item called for in the TTB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. All RB 1800 heads shall be PRS type with Pressure regulating screens regardless of their pop up height. Pop up height as called out on plan. 2. The bid closing has been changed from: June 27, 1996 @ 3:00 P.M. to: July 2, 1996 @ 3:00 P.M. All requests for additional information or clarification must be submitted in writing and directed to: Laura Ritchie Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806)767-2164 THANK YOU, (� kE LA RTTCHIE BUYER PLEASE RETURN ONE COPY WITH YOUR BID. LR r c 7 6 purchaddmda.doc VM6 1:10 PM r r CITY OF LUBBOCK INVITATION TO BID FOR TITLE: GROVES BRANCH LIBRARY LANDSCAPE IMPROVEMENTS ADDRESS: LUBBOCK, TEXAS BID NUMBER: 13610 PROJECT NUMBER: 9932.9251 CONTRACT PREPARED BY: PURCHASING DEPARTMENT ' INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS E 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS , 4. PAYMENT BOND S. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE y 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS 11. SPECIAL CONDITION 7 r r� r t NOTICE TO BIDDERS F r F r NOTICE TO BIDDERS BID #13610 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 27th day of June, 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: "GROVES BRANCH LIBRARY LANDSCAPE IMPROVEMENTS" 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 11th day of July, 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 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or 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, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5°r6 of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a pre -bid conference on 19th day of June, 1996, at 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 heretofore established by owner in said wage scale. 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) 767-2281 at least 48 hours in advance of the meeting. 1CITY OF LUBBOCK ` V Lfi VICTOR qKILAN PURCHASING MANAGER Bid documents may be obtained upon request from the Purchasing Department at 1626 13th Street, Room L-04, Lubbock, Texas 79401; Telephone (806)767-2167/Fax (806)767-2164. t r GENERAL INSTRUCTIONS TO BIDDERS 7�1 GENERAL INSTRUCTIONS TO BIDDERS 1. 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 GROVES BRANCH LIBRARY LANDSCAPE IMPROVEMENTS.. 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 I 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. t, 4. BIDDER INQUIRIES No bidder shall request any information verbally. All written requests for additional information or clarification concerning this bid must be addressed to: LAURA RITCHIE BUYER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 FAX (806)767-2164 5. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 45 (FORTY-FIVE) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the r` contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by I the City that the progress of the worts 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. 4 7. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 8. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 9. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 10. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 11. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 12. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. F i 13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities 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 rimmediately 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 Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 15. EXPLOSIVES �• The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all 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 r' life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 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 Fresulting from his blasting operations. 16. CONTRACTOR'S REPRESENTATIVE T I 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 j The Contractor shall not commence work under this contract until he has obtained all insurance as required in the l 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 I 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. F 18. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor Is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 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 furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or F 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 PRO 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. Q) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. F a m D 0 m L L L Lam: t - L___. 'L- x-' L_... L-' L-, L-. L- L L- L_...� t- L-' t.�.�. F BID SUBMITTAL LUMP SUM BID CONTRACT PLACE: DATE: '�� S L > rPROJECT NUMBER: 13610 - GROVES BRANCH LIBRARY LANDSCAPE IMPROVEMENTS ` Bid of m 2-0.3 (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a LA"J 1)SCA PC 'i Frn &111 75 i0 Gaov 5 tRA'jeq having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the L work required under the contract documents. BASE BID: Furnish and install new irrigation system (to include all material, equipment, labor, and supervision) complete in place at Groves Branch (19th and Dover): MATERIALS:aaEyEaTKno--A.Jn j:�n I- wun d-Ji--nt 4-'�tro ($ dr Or` 1 SERVICES: '-�ry ,1'c Au-jQi&n �� ($ TOTAL BASE BID•— �T tTn� �aoS iwb , -I�+ -, LbAii� + !�,X7y t ALTERNATIVE BID NO. 1: Furnish and install trees, shrubs, groundcovers, (to include all material, equipment, labor, and supervision) complete in place at Groves Branch (19th and Dover): MATERIAL SERVICES TOTAL ALTERNATIVE BID NO. 1(Add) ($ - F F r ALTERNATIVE BID NO.2: Furnish and install concrete sidewalk/curbs (to include all material, equipment, labor, and supervision) complete in place at Groves Branch (19th and Dover): MATERIALS: (wo [�,oSA.JD l -;,i i h Vriogm, ` -Sy ew7t ' �t(�� l00—($ aqq -3 ) SERVICES: t�i& VftJ � : %ou,2 1-TUr�t7R�� % � a TOTAL ALTERNATIVE BID NO. (Add): ($_ _ 6 r SA ��,»4 b It.,zAt 4 Stv &ojzr--TLjo q-s/400 ALTERNATIVE BID NO. 3: Furnish and install concrete maintenance strip under new fence on North Property line (to include all material, equipment, labor, and supervision) complete in place at Groves Branch (19th and Dover) (as shown on irrigation plan): MATERIALS: THz'aSA.J D r y *ZOL+ ($-- ( —1--Z) C'- 1 I _ 11 CU SERVICES: C-L&et 1Ai,,j bRM �---r�-�"'t y 4- — 7o o _"' FTOTAL ALTERNATIVE BID NO. 3 (Add): l�.ica7Y- L5r, ��ai'i�^114`54,o� ($ �X t) L f ) (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 45 (FORTY-FIVE) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $200.00 (TWO HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the r• contract documents. ` Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 21 of the General Instructions to Bidders. , Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of 4'%, C—A& Dollars ($ , �.. which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the j 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. P 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. (Sea[ if Bidder is a Corporation) ATTEST: Secretary Autho 'zed Si nature (Printed or Typed Name) DI96,//,i /4'L Company c j�2 Address 41ze36z cr• , / z y° A65 -e- City, County State Zip Code Telephone: <cfe Fax Number. t224—, F iej INSURAINCE COMPANY OF THE WEST P.O. Box 35563, San Diego, CA 92136-3563 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS. That We. DAVID WOOD CONSTRUCTION, INC. (hereinafter called the Principal), and INSURANCE COMPANY OF THE WEST, a ccrporailon organized and doing business under and by virtue of the laws of the State of Callfamia, and duly licensed for the purpose of making,;uarantaeing or becoming safe surety upon bonds or undertakings required or authorized by the laws of the State of TEXAS !�- as Surety, are held and firmly bound unto CITY OF LUBBOCK (hereinafter tailed i the obligee) in the Just and full sure of FIVE PERCENT OF THE GREATEST AMOUNT BID -Dollars ($ S$ GAB 1 lawful money of the United States of Arnerica, for the payment of which, well and truly to be ;Wade, we hereby bind ourselves and our heirs, executors, administratzrt, succcssors and assigns, jointly and severally. firmly by these presents. FTHE CONDITION OF THIS 48L1GATICN IS SUCH THAT WHEREAS, the above bounden Principe! as aforesaid, is atrout to hand in and submit to the obligee a bid or proposal dated JUNE 27. 1996 for r GROVES BRANCH LIBRARY LANDSCAPE IMPROVEMENTS r in accordance with the plans and specifications ;lied in the efica of the co!lgee and under the notice inviting f, proposals therefor. NOVI. THEREFCRE, li' the bid or proposal of said prineiral shall be accepted, and the contmr-' for such work be awarded to the principaf thereupon by the said obligee, and said principal shall enter into a contract and: bond for :he completion of said work as required by law, Lhen this obligation to be null and void, wherwrise to be and remain rin full forts and effect PROVIDED, HCWEVER, neither Principal nor Surety shall be bound harvunder unieas Cbligee prior to executic:i P—of the final contract shall furnish evidenca satisfactory to Principal and Surety that financing has teen firmly ) ccrnmitted to cover the entire cost of the project. Signed, sealed and dated: JUNE 27, 1996 Principal - DAVID WOOD CONSTRUCTION by x / (Seal) r Insurance Company of the West HOME OFFICE. SAN DIEGO, CAUFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint: REHECCA S. THACKER its true and lawful Attomey(s)4n-Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attomey is granted and Is signed and sealed by facsimile under the authority of the fallowing Resolution adopted by the Board of Directors on the 22nd day of November, 1994, which said Resolution has not been amended or rescinded and of which the following is a true copy. 'RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, p rty, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature, and to attach thereto the seat of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument j FURTHER RESOLVED, that the signatures of such officers and the seat of the Company, and the signatures of any witnesses, the signatures and seal of arty notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affaed by facsimile.' IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this I 19th day of June 1995 . t INSURANCE COMPANY OF THE WEST aJ �,COM04►tj i L STATE OF CAUFORNIA John L Hannum, Senior Vice President ` SS. COUNTY OF SAN DIEGO On June I ft. 1995 before me, personalty appeared John L Hannum, Senior Vice President of INSURANCE COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instrument and acknowledged to me that he exec::;ed the same in his official capacity and that by his signature on the instrument, the corporation, on behalf of which he acted, executed the instrument. WITNESS my hand and official seat. V •. � '` C: +:: t. ili152o4d A WTAR,f F.�::- 3VC-mPN(A N V "�,` ��.�; ' SAN CiSCO COUNTY 0 �r Notary Public a/ Ccrrrnsss:on Expiras CERTIFICATE J941JARY 14,1996 I, E. Hamed Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a true copy, is stile In full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 27TH day of JUNE INSURANCE COMPANY OF THE WEST �`�cu+'�■�o E. Hamed Davis. Vice President r ICW 3T 19 96 7 ft LIST OF SUBCONTRACTORS Minority Owned Yes No ❑ 0 ❑ ❑ 0 ❑ 0 ❑ 0 ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ PAYMENT BOND BOND CHECK BEST RATING LICEgp=L- D DAT , I i I.C.W. GROUP INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY' , 10140 CAMPUS POINT DRIVE - SAN DIEGO, CA 92121.1520 P.O. Box S5563 - SAN DIEGO, CA 92186-5536 - (619) 546-2400 - (900) $77.11It STATUTORY PAYMENT BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS GOVERNMENT CODE (McGREGOR ACT - PUBLIC WORKS) DAVID WOOD CONSTRUCTION, INC. KNOW ALL MEN BY THESE PRESENTS: 5501 SPUR 327 That, LUBBOCK, TEXAS 79424 (hereinafter called the Principal), as Principal, and INSURANCE C014PANY OF THE WEST P.O. BOX 85563, SAN DIEGO, CALIFORNIA 92186-5563 P-a corporation organized and existing under the laws of the State of TEXAS , with its principal i office in the City of SAN DIEGO, CALIFORNIA (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF LUBBOCK (hereinafter called the Obligee) in the amount of THIRTY FIVE THOUSAND DOLLARS AND95/1001S ---------------------------------------------------------------------------- Dollars (S 35,000.95 ), for the payment whereat, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. lr.. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 26TH day of JULY .19 96 to BID # 13610 - GROVES BRANCH LIBRARY LANDSCAPE IMPROVEMENTS - $35,000.95 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect. PROVIDED. HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code, and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. P., IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 31ST day of TTTT.Y 1996 . r, Witness: (If Individual or Firm) Attest: (If Corporation) rICWTX 411 B (REV. 11-94) DAVID WOOD CONSTRUCTION, INC. (Seal) (Seal) (Seal) (Seal Principal IVSb%ANCE COMPANY OF THE nST (Seal) Sure By:r`- ty R BECCA S . THACKER Attorney -in -Fact I SOUTHWEST ASSURANCE ?D:214-691-4961 AUG 09'96 11:38 No.014 P.02 The uWarsigned euroty company tQPM5enls that It to duly qualified to do buslness In Taxes, and hareby d"Vhak0 DIANNAE TATUM an agent ros+derd In Lubbock County to whom any riewisht rlotloss may be dallvated an an wttom aeNtG a p i aca may be had In maltors adolnp out of such auratyship, INRURAN `i.E COMPANY OF THE WEST REBE CA S. THACKER AMmYW as to form: ATT XY-IN-FACT c ly ' t3y. *may • Hose: If Rlpned by an officer of the l6woty Cornpany than must be on file a csrl9flad extract from the by4s" shawing that this person has outhonly to rilgn such obligativtl, If signed by an Attorney In Fact, we must have copy of power of Attemey for our fuss. Td I4VlC:6a WST to 'am V97E M 908 : '0N RNOHd WRISAS Xdj 21L*806Md I W Wq Insurance Company of the West HOME OFFICE. SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That INSURANCE COMPANY OF THE WEST, a Caliiomia Corporation, does hereby appoint REBECCA S. THACKER is true and lawful Attcmey(s)4n-Fact. with full power and authority, to execute, an behalf of the Comp2ny,11delity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attorney is granted and Is signed and sealed by facsUTr le underthe authority of the following Resolution adopted by the Board of Directors on the ZZnd day of November, 1994, which said Resolution has not been amended or rescinded and of which the following is a true copy - "RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named In the given Power of Attorney to execute an behalf of tthe Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seat of the Company; provided however, that the absence of the seat shall not affect the validity of the instrument FURTHER RESOLVED, that the signatures of such oRlcers and the seal of the Company, and the signatures of any witnesses, the signatures and 11 seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile' IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 19M day of June 1995 INSURANCE COMPANY OF THE WEST �`t��Wwoy+►j a i= STATE OF CALIFORNIA John L Hannum, Senior Vice President c SS. COUNTY OF SAN DIEGO On June I M 1995 before me, personalty appeared John L Hannum, Senior Vice President of INSURANCE COMPANY OF THE WEST, personally known to me to be the indlviduai and officer who executed the within instrument, and acknowledged to me that he exec:::ed the same in his official capacity and that by his signature on the instrument, the corporation, on behalf of which he acted, executed the instrument_ WITNESS my hand and official seal. tiORM.A Fa> t y V '�+:� •« h"JT:f�'F�':it'C-:,:•LiFORt1iA�/+ H �``• S.;:JCISCO COUNTY Apoll Notary Public *V w `' Lt/ Ccrtmmrss:on Expires 1 CERTIFICATE: ■ -W%L LRY 14,1996 ` I, E. Hared Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which r,,,y the foregoing is a true copy, is still in full forge and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WETNESS WHEREOF, I have subscribed nmy name as Vice President an this 31 ST day of JULY 1g 96 c "FARV 0 . INSURANCE COMPANY OF THE WEST E. Hared Davis, Vice Presider:t ICW 37 F", F PERFORMANCE BOND r STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE ,., (CONTRACTS MORE THAN $100,000) r KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and f. (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars ($ ) 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. rWHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of 19 , to l and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is fiereby 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 Principal al * By: By: (Title) (Title) By: (Title) By: (Title) r r I r 711, The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident In Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had In matters arising out of such suretyship. Surety *By: (Title) Approved as to Form City of Lubbock By: City Attorney Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. if signed by an Attorney in Fact, we must have copy of power of attorney for our files. F 7 F I CERTIFICATE OF INSURANCE .::. YYx�: jY,.S}•Yi;•:}S}+{•:}::.Y";:•}:•Y}:{..}};•:••}Y:t{.};,:.}:}:::;:::::-.;:+-:x'.%;}.:Y:S::}•x-}::}S {?•Y::}:y .r :;{: i:�: :.. ...: ;.:.• .. ... � .. '{ ��.. DATE (M t:t•.4x5:•::•Y}}:•}:5:+.:4?:+•:•:;.}•:•.£:.+.•.u•Y?I.a.�:::i::: 4 •: ik••.':::: ems•::::: ILDD/YY) ..�►�e��r..�I�i�►.:.�:�i�:>•'�c�3�%'i{��•':Y:%����m�i�:il�'�i�ii:��- �4;•- ................:....:... f ...-..... f r5...:.. ..._s,._... }:Y:{ ii :, 1 /® �w+Ti::1);7�x;:>I?► >k::: ..::sir;�rl.1(.>:• v}Y�.Iri#�#i:;lt�"R :. ......:::...:•:::.:•::.. :. :.....::: .. v:.v:.�.:.v-•:.; ..,.......,v.}tv.:v:.v:::.:-:-•n•w.v�v:-:::?.:::-v�::v:r.,.....,v....:nw:�:.:•::t..x:.v.:::::lv.t+..•..:t./..+.-+r... ,...,.::::....::....�.:.,:.�:...::.:.......t..:....r...:.....:.. .:.......:...r:. � Wf:.v:•�.:h+'�C7•wt+J.�:::•:4x{•:t•}1:5:•{Gn•:.�rh•:.}.•irnv.. vRooucEn Sanford Insurance Agency P.O. BOX 64790 Lubbock, TX 79464 (806) 792-5564 'r}:{;:}:4i:•iiS:'vS:>:?SS;{iin:•S'{Yv£>::;:?•}::S�+iSSSht:S{'rS:::::SS:Yi:}::5: ;y;:y'}s':yy i:;i:} ;11 ...;::>:.v:x::: w::y:::}:.}.v:::v:.v'.}y: • .::::•w:: .:::.x..:?:.(.: }:;n...+:.•.S-:: v. :'{.; .: ::.,:::...,..:...,:......,{........�..�....:....,h,~.f. r..i.:.:i•:•}:.}:; 7 31/1996: ' :•} Y..::::::......... ....... $: }: �!!% .... f ......... / ............................. 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 POLICIES BELOW. COMPANIES AFFORDING COVERAGE COM A MARYLAND CLSUALTY INS. INSURED DAVID WOOD CONSTRUCTION, INC. 5501 SPUR 327 LUBBOCK TX 79424 COMPANY TEXAS WORK COMP FUND ANY —C COMMERCIAL UNION COMPANY D vY:i is r:: .x:. .........v... .. vY.•5:4:''}:4:.v.r}Y:.4.: n. .h{:}:i: i..... ....: ..... ... ... :::.. .; ::. rf..: • [[ `{; by �1i �fr � ... ... ... .. �..... ::::•t•}:•- :::}•}}::•: yr •i:A•. i}:•. �:i%r•:•:}}}:i•:•}S:�'?:S: .t F:x: �::::::. .. ...... .t .....:. ......•:: }:• .:S .. :•i: w::::4:v:{• ::•:: Y: }:-}: v:4:+.•S:4i:•::• :•: }},, v}Y}i:w::.v,v: t w •::...:.. � SS�i::}�{•: i .........:{i ....v .. ... ... .... .... ......... 3.......... .......:....... ... f ... w.v .......xv;:{..}:t: r........... {>.�Sr�'::.'•:4:;.i::::: }::tity ... 7 y�1+��iA��47...:...... ...............'ft..: :. .........)> ... .... ......... .; ....{.....::: v ...:..... :.. r ..t...}, ;r.:C•;.;: ...; :. ::S-+{{:C+.}'?y:4{:t?`:. ....... .�*. ..... ...... .r. .. :.........:..... .. .. f•.. ♦.:•.:{:..:r.rv..v:Y...:Y..r:.�.}.u:,�±..:•},•/+.,.n.:: .: •fi<y..v..:i k +F k... }. � f..:.....: .:.:.:: {..:L YF}::4'%•::.i.4�. .- :A:C .. f.... ...............:..:....t.. ..: ....:....n.,........ r:r. .vv....r .... .,•..v t is{�:{:} v.. :-'::+ Y 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. t LTR TEE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIVY) POLICY EXPIRATION DATE (MMIDDNY) LDACTS A i GENERAL LIABILITY COMMERCIAL GENERA- LIABILITY CLAMS MADE ❑X OCCUR OWNER'S a CONTRACTORS PROT EPA2SM37 0 5 /*2 7 /9 6 0 5 /2 7 /9 7 GENERAL AGGREGATE 40W,000 PFIODUCTS - COMPiOP AGG S$QOD = PERSONAL a ADV INJURY SI'm.000 EACH OCCURRENCE S1,000,000 FIRE DAMAGE (Any one ere) $50,000 1 ME:D E(P (Any one person) $5,000 A AUTOMOBILE my wTo LIABILITY ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS WAAlW7103 0 5 /2 7 /9 6 0 5 A 7 /9 7 COMBINED SINGLE LIMB s11�,m X BODILY INJURY (Per perms+) = X BODILY INJURY (Per e� p = X PROPERTY DAMAGE i 4 GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTI+ER THAN AUTO ONLY. EACH ACCIDENT = 3 AGGREGATE Ti 'A EXCESS Linum X UMBRELLA FORM OTMEA THAN UMBRELLA FORM USA6M7677 0 5 /2 7 /9 6 y 0 5 /2 7 /9 7 EACH OCCURRENCE Mom' AGGREGATE slD00000 S B WORIORS COMPENSATION AND �LO1° ""B0n" NCL PARTNERSEXECUAVE THE PRCPRIETORT Pq OFFICERS ARE EXCL TSF13125MI 0 5 /l 9 /9 6 0 5 1*2 9 /9 7 STATUTM LIMITS EACH ACCIDENT s500,000 DISEASE - POLICY LIMB t5DO,0a0 DISEASE - EACH EMPLOYEE s500,000 C OTHER BUILDERS RISK COVERAGE CRU009437 05/27196 05/27/97 ) $1, 500, 000. COMM.RES 5 W11000 DED DESCRIPTION OF OPFAATIONSILOCATIONSNMICLESJSPECUIL RT MIS HOLDER IS SHOWN AS ADDITIONAL INSURED ON GL AND AUTO - AS REQUIRED BY CONTRACT WAIVER OF SUBROGATION AS REQUIRED BY CONTRACT .. •:::. :: :•:: ..v:::.: ...: w: -....: ;.: :.,..:...::: v::: -•: w.v:::::: ......}}:4 :.}}iv4:.}:?4: �::??: }}•4} •r.}Y: •.Y}}v: }}}•.t•+,4v::•}:'{.............. ........ .... .n 4.....:.w:Y. : : ..: .....:: w..................:{{•i}YY};{.}}}:i•}Y•}:4:{-Y.4:4i:-n}iY'h{{•::}}:•i}':.i}}:::::ti:::::4: �:•} J}}Y ... •.. ...,�{....:. r.:.:. ......T..::...... ..:....::: .v..:.: v.:. ...n. •.: .. ...'.}}:: i•.v. ...... ......... ....v. .. }... .R S}:t::4'{'%ifQ{}:;:. : �:( y.. .F..:...........rv.:v::r:::+i::f•�v:::n;:•}.. .f... f.. r. ..... ... ..{{. ..:.{n... {..... n.. .... w{{: {S:iS; ..: n........................ .. r..... .... .... r.....'..... i.. w:.•.•.v.,} ..............., .. �.:. ..v {.: .. r:;n^:::?4:•w:.vrw:,v:::{.:::/.•:::hS•Y}:{.:}:{t•%S•}i:4xix4:.x :: :. .. :r ... r ..r .....................:.. r.:::?0:......+... v:.v •...v:: ?vt;•v.w..,...{. v.v:::.v:::,:•. jy�[}.... v:{4i}::::..:... �,...{{�,,,a,�y� � �t� ..... Mi1«.�/F�Wi��ISiiF:::n........:::•:}::w•::;}}:•}:•?:.:•:•}:4Y:•x�::'i'::i:?:�:v:{iS:.•:4:•}'4ii:>•}:•i}}:4:6}}:4}'.�,.:i•4{::{4�4}'4:{!:;{:$}:y.:...:::? ::. �.: •::.::+. r..::....::....:::::::........•Y�.;<..:..:f..t.,.:..:.... h:.•.:r....:.:.::....r.:.:>;:.:...,A.h„�::..,{,::..}}::. o:.:.:.:;::::•}}:{•}:. ......rr::::::::::::..•::. �::. �::::::::. �::::::::::•.t.:,,•:::::::::: w::::::w:.,.::::::::.,..,r.:•r:..{•..•:::..•:::.tr.4:,•:.:{•}}.4:{,;a: }}:x•>:•:4:?-}.;{4:{•.•::.{ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE LANCE I ED BEFORE THE E034NATiON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAiL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER HAYED TO THE LEFT, CITY OF LUBBOCK BUT FAILURE TO MAL SUCH NOTICE SHALL RPOSE NO OBLIGATION OR LIABILITY 0. BOX 2000 OF ANY KIND UPON THE ANY. ITS AGENTS OR REPRESENTATIVES. AUTOO REPRESENTATIVE LUBBOCg TX 79457 .J............ ..{r}.. w. r:4. vf•:. wf..: ...:}... r1 }.: .t vt.. ..+?+ff•}.'::': Y:{+: :4 ..•.V' ,•.•x4:4}.. .}x-K•{�• ::{{:r.}v:+,�t.:({:.;.rx{:: ?:+.;{.xny:.}-::.v:f:::: {r:v +.v..}:l+i.- ...i%•}:-rff.: :}v+-S:}4 1•}+:{•x: f:4: JC}:•:: x• xt.•f.•:x..:{x�.::::: }:r�F.{:•w:{....v+•te'S i.:,n,:+ "r5Y•r..: :#Sv:•,%+!i;f.... y : •.4:::. .. :.-.•:: �'+i+Y+v:.... . { r.4.. r .{?.4�.v.•j .... f...•. ..:. ... .:h a .:: h.4it:•:Si'� . ti: .j�tp�y} ) {. '�( {�]�. /yj� `��}lv.•.}tttyx•: •+ve.�'� t ` ; :L` .++.'.'iv : � :• .....: •:.:. r......:.... i..:.: 'f.... .... n-:: hv.:v; }YY:+•}:•.:.v}.. x.v:: •.w:::...::.v:: }: }:.v �...... :.:: {I•::.:i•::•. :v.•. x}} .:4........ :.•S>}i5{S ::•.v'w: •.:v::.:: .::::: ::::::::::::: •: h5v::: • nv::.v:: r:.• :w::.wx::::::: :.v :•'•:::. ': n �}iT• il.' fi.-::. ':. .... 5...... L4.....{.....h...:.:•::.v.{yi}:{S•ii:tv.v.:v::.[[....t,.:..... i::{n:•:{.}x-is}..4}Y:{•}i::f,{w:: nt:.v.4::::: NF'��Pl�:{:Y.V�i.�.���iiT,F`�::}:#Al1!/.�;:S:::u� i it mrMi:i►® DATE (MMIDD/YY) 7 31 190 }:.},.}:::.i+:::{.::.}i}i}::i;::.:i.}}i:.:<:}:::{i??.::::?:h:}};}:::i}}:{r•}::•..;.}}}}>::;i}::;.:{:r.i}:«ii.:;}::i'.;::.�.:;{:,,}: PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Sanford Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. BOX 64790 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Lubbock, TX 79464 COMPANY (806) 792-5564 MARYLAND CASUALTY 1INSURE0 COMPANY CITY OF LUBBOCK B % DAVID WOOD CONSTRUCTION, INC 5501 SPUR 327 COMPANY LUBBOCK TX 79424 COMPANY D } :}v:.v::::. .v.y:.; :::.::}}}}i'•}}}:<{:?:?v:.;.i}i}'4:;}:^Yi{'a:>}S: }:S:S .}'.};:: v::: • �S:w:}n::::.:::::.:•.:.6.::;•.,{..::?v,...:...:{•:•:.::•:i0;.}: •: •:..x: ?•. •: w;, ... ;..... { .rr... r.. }.:. ... v•:w:�:v::•:•;:•.v, �:v:::::?:•:'+... .::'•v•::: v::.v.v:?::x.:}:: r.}-.•.•.•.:i '+'�'Yr.. nr••.v v:::^:•:�.:}.,{n........................ 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Yri•..... .... .... ..} }.....:..v: v.v: �,{S:':<i}SS:S�S $.... r.....�1$:.: :.Y.::v.k:.:.Y.v: ::v::::{:::..:F:...:............:...A.<:?.:}.hLv}., .::..;.,::::::.::::'+`:':':: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR E OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIVY) POLICY EXPIRATION DATE (MNVDDfM LISIM GENERAL LIABILITY GENERAL AGGREGATE S2000000 A COMMERCIAL GENERAL LIABILITY BINDER 86-213-1 0 7 /31 /9 6 0 7 /31 /9 7 PRODUCTS - COMP/OP AGG s CLAIMS MADE OCCUR PERiONAL 6 ADV INJURY i X EACH OCCURRENCE $loo 00 q f OWNERS 6 CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) s MED EXP (Any one person) i AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 4 ANY AUTO BODILY INJURY (Per person) S ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per ecckienq s HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE S GARAGE LABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: _ ANY AUTO EACH ACCIDENT S AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE S AGGFEGATE S UMBRELLA FORM 3 OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS' LIABILITY EACH ACCIDENT s DISEASE - POLICY LIMB S THE PROPRIETOR/ WCL PARTNERSMCUTNEPI DISEASE - EACH EMPLOYEE S OFFICERS ARE: EXCL OTHER DE"N OF OPERATIONSLOCATIONSIVEHICLESISPECWL ITEMS .; .; .....:.: v :v:::.: • ::v:: • w: •;v v: :.... :.::.:....................................:.....................:...i4: �: � }:.•i}i :[•}:•i: •.}}:•}}}: is i}:•}}i}"•}' } ?:v.?• •:^:v}:•:•i:•}$:{.}}}}r:4}}is�}:?•i:?•}:4'+.;•i:fYh:4:+•i}}:•i:{�}}}' •:.: .... .................... •�[�}}�yr�y�i}�. y� j.y y+� ..{ .( { � $ { } � { i ':[y�.G,RL:FACiL�i4� �i4 iA��/�i�i7C 1 � l .t l } -•:sry::::::::.:::::.:..................v....n....v....r.{....r...v.................f...l.:.t:......:.n:rnlr.}.Jhf.4...:r...:..:... rv.•. r. r.•..... :' :"+'+"'::'{: v •:•}i}}}:4i}•.}:^}:'•}}:{'^}}}:.}}:{•:'•}}}: 9: � }': Gi}i :•.::v' •, :; � :..,};:::: }}v: ,.::::::: nv: w: v::. s.::::..v.v::::: .. .. :yy:.} .. }....:...... \... } ...:.....: •...: }:.:.}. .:.: • ::.:::::::: ,j�.j �j•A�+,� ��} � L { t �':':.":ti::}Y,.}:+ 'YARtitffifR��4.(�11 f .................................r..........r..................r...............,......r..........:........,.....n........ r.....................: — �� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE _ EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CITY OF LUBBOCK BUT FAILURE TO MAIL SUCH NOTICE BNALL IMPOSE NO OBLIGATION OR LIABILITY P . 0. BOX 2000 OF Y 1@I0 UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. 79457 LUBBOT. :. .. .: �.v i..v:.... ... r...:... .... ........ ...........:..............:f .. ... ::.•vi\.. .....'f......9..4...M1}...t.{ .. .. .r... h r. ..... r...:. ... $ ..:.:....}... r.n... f........ ... rf.:.i.{.. {•.. f..... x•+.........:. - ...r.'n.,.}..:......r...:.}.........f%.�.....:Y�....r.........:r.........:.... .r.... ..... ......... .r.... ... A .V�.. i/...Yn�.'�.. ....,r....:........ r...........{.... }...... r..........v..........{..... :........... :.... ::.... :..5..:: ... :::....:: J.C A REPRE SENTX .. :5::: f.,..�............ .. .. '.. :..r:i?'ry}Cv.v.:•.v.:.; 4' +ti.}r �..:i?}: n........ ..... ...... .. ... ........:....•...... f• .v ::::'•:::: • ...::: }...:v }.•.::: .i .. ::•: %..:v }..::.v..::: ..:::r. �,Fttil.Ml•l11::j1lif£#C3�!i�llc�iF{'F:i�l'�+.iC:::t�'+.' ;INSURED I DAVID WOOD CONSTRUCTION, INC. 5501 SPUR 327 LUBBOCK TX 79424 "119 fir/ wA.......> . `... ....... ...... ... >....' ....... 7 / 31 / 19 9 C 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 POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A MARYLAND CASUALTY INS. COMPANY B TEXAS WORK COMP FUND COMPANY C COMMERCIAL UNION 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 PE OF INSURANCE LTA POLICY NUMBER POLICY EFFECTIVE DATE (MMIODIYY) POLICY EXPIRATION DATE (MMIOMM D LIMITS ,A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE X❑ OCCUR OWNERS 6 CONTRACTOR'S PROT EPA25679037 0 5 /2 7 /9 6 0 5 /2 7 /9 7 GENERAL AGGREGATE s2,000,000 PRODUCTS - Comm AGG ;2,000,OW PERSONAL 6 ADV *WRY 31,000,000 EACH OCCURRENCE 41,000,000 FIRE DAMAGE (Any am fire) 00,000 MED EXP (Anv one person) IS5.000 A i AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS J NON -OWNED AUTOS 0 5 /2 7 /9 6 1 0 5 /2 7 /9 7 I COMBINED SINGLE LIMIT BODILY NJURY (Per person) BODILY INJURY (Per saciden) ;1.000,000 S PROPERTY DAMAGE ; GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT ; OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE ; A EXCESS LIABILITY X UMBRELLA FORM OTHER THAN UMBRELLA FORM UBA67997677 0 5 /i 7 /9 6 0 5 /2 7 /9 7 EACH OCCURRENCE 51000000 AGGREGATE 51000D00 ; WORKERS COMPENSATION AND <..-'� B 'EMPLOYERS' LIABILITY ..I THE PROPRIETOR/ X INCL PARTNER&EXECUTIVE OFFICERS ARE: EXCL TSF131253-01 0 5 /2 9 /9 6 0 5 /2 9 /9 7 STATUTORY LIMITS EACH ACCIDENT _ ;500,000 DLSEAiE - POLICY LIMIT 5500,OOD DISEASE - EACH EMPLOYEE $500,000 OTHER C BUILDERS RISK CRUD09437 05/27/96 05127/97 $1, 500, 000 . COMM.RES i COVERAGE WAM0 DED DESCRIPTION OF OPERATIONS/LOCATIONS/YEHICLESISPECIAL ITEMS HOLDER IS SHOWN AS ADDITIONAL INSURED ON GL AND AUTO AS REQUIRED BY CONTRACT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE MING COMPANY WILL ENDEAVOR TO UAL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABTLITY OF AN`r/ KIND UPON THE COMPANY. RTi AGENTS OR REPRESENTATIVES. F CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Appropriate Insurance Agent/Broker Prior to Award of Contract I, 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, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. r Agent (Signature) Agent (Print) Name of Agent/Broker: Address of Agent/Broker: (� City/State/Zip: ! Agent/Broker Telephone #: ( ) r Date: CONTRACTOR'S NAME: (Print or Type ) CONTRACTOR'S ADDRESS: F 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. r BID 913610 - GROVES BRANCH LIBRARY LANDSCAPE IMPROVEMENTS F i; it PM CONTRACTOR CHECKLIST i ' A CONTRACTOR SHALL: F r I (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: 0 r' l 7, REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." 'Call the Texas Workers' Compensation Commission at 512/440- 3789 to receive information on the legal requirementfor l coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services.❑ r F No Text v FCONTRACT ,.. STATE OF TEXAS COUNTY OF LUBBOCK L F .r r THIS AGREEMENT, made and entered into this 26th day of July. 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 DAVID WOOD CONSTRUCTION, INC, of the City of Lubbock, County of Lubbock. and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID 9 13610 - GROVES BRANCH LIBRARY LANDSCAPE IMPROVEMENTS - $35,000.95 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR In current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. 11 '— APPROVED AS TO CONTENT: Owner' Repr sentative APPROVED AS T FORMS C. Ci Attorney i ATTEST: CONTRACTOR: DAVID WOOD CONSTRUCTION, INC By PRINTED NAME: cT-)ICJ/�o � TITLE:_ g—t—'- , COMPLETE ADDRESS: David Wood Construction, Inc. 5501 Spur 327 Lubbock, Texas 79424 f" I F GENERAL CONDITIONS OF THE AGREEMENT 7 r F F i F 2. 4. 5. 7. 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:DAVID WOOD CONSTRUCTION. INC. 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, City of Lubbock, under whose supervision these contract documents, including plans and specifications, were prepared, and CRAIG WUENSCHE, PROJECT LANDSCAPE ARCHITECT, 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 PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. 7 8. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless — otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative Wfill -- 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. j 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 maybe 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 ,r- furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications v provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owners 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 any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable -� representatives of the Contractor 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 bome by the Contractor. The Owner or Owners Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. PM 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, property 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. F 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 r. It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not In conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for {- a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such Increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally r planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or 1. Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) percent. In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, r 4 or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the -- type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be - determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain andoperate 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 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 i character whatsoever, brought for or on account o? any 1nJ6ries 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 r 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 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 insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days In advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $250.000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owners 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. 7 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 (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $0.00 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Workers Compensation and Employers Liability Insurance Workers Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. Definitions: Certificate of coverage ("certificate') - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractors/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor' in 0 entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. r 4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. �- 6 The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The contractor shall contractually require each person with whom it contracts to provide services on the 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; t 71 (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the - contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. -- 11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date bome by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date bome by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (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: () 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 (1) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year there9fter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any r" additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation Insurance. This Includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive Information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and i (h) contractually require each person with whom it contracts to provide services on a project, to: l (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; r I (ii) provide a certificate of coverage to the contractor prior to that person beginning work on the project; — (ill) 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 10 days after the person knew or should have known, of any change that — materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as — required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES The Contractor agrees that he will Indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness 4 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. 32 33. 34. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such Infringement. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which In any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. if the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 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. 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. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute 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. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material _ to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for — estimating the probable cost of the work and for comparing their bids offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be r furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract Is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY {' The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way j encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. k, 40. PRICE FOR WORK ,., In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work (I by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the t ' 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. 6 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 r has been completed or substantially completed, the Owner's Representative and the Owner shall inspect the r`. l 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 31st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this contract or required in the specifications made a part of this contract. 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 46. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 47. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 48. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed 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 0 a 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 Worts, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected In the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner, or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the a Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certificate of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the — risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (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 terns of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to cant' 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. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 53. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 54. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's _ work during his performance and to carry out the other prerogatives which are expressly reserved to and vested In the Owner or Owner's Representative hereunder, is not Intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 55. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. CURRENT WAGE DETERMINATIONS • � L J V l u L i V � a .. 4• 1, r March 14, 1996 Item #19 '. 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 is WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by Resolution No. 2502 enacted January 8. 1987; 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: tI 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 Exhibit C. Overtime Rate Exhibit D: 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 14th ATTEST: Betty M. Jdfinson, City Secretary APPROVED AS TO CONTENT: Mary AndrYws, Managing Director of Human Resources APPROVED AS TO FORM: a old `Villard, Assistant City Attorney H W : da1ccdocsi pubworks. res February 14. 1996 1) .1996. 1 r 4:11: City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Acoustical Ceiling Installer 10.00 Air Conditioner Installer 11.00 Air Conditioner Installer -Helper 5.50 Asbestos Worker 8.00 Asbestos Supervisor 11.00 Bricklayer 11.00 Bricklayer -Helper 6.00 Carpenter 11.00 Carpenter -Helper 6.00 Cement Finisher 7.50 Drywall Hanger 10.00 Electrician 13.00 Electrician -Helper 6.00 Equipment Operator -Heavy 8.50 Equipment Operator -Light 7.50 Floor Installer 8.50 Glazier 8.00 Insulator-Piping/Boiler 9.00 Insulator -Helper 5.50 Iron Worker 8.00 Laborer -General 5.50 Mortar Mixer 5.50 Painter 9.50 Plumber 10.50 Plumber -Helper 6.00 Roofer 8.00 Roofer -Helper 5.50 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 Welder -Certified 10.00 :11: Paving and Highway Construction Prevailing Wage Rates Craft Howie Rate Asphalt Heaterman 6.00 Asphalt Shoveler 5.50 Concrete Finisher 7.35 Concrete Finisher -Helper 5.75 Electrician 10.50 Flagger 5.50 Form Setter 6.50 Form Setter -Helper 5.50 Laborer -General 5.50 Laborer -Utility 6.25 Mechanic 7.25 Mechanic -Helper 5.50 Power Equipment Operators Asphalt Paving Machine 7.00 Bulldozer 7.00 Concrete Paving Machine 7.00 Front End Loader 6.50 Heavy Equipment Operator 7.00 Light Equipment Operator 6.50 Motor Grader Operator 8.50 Roller 6.00 Scraper 6.50 Tractor 6.50 Truck Driver -Light 6.00 Truck Driver -Heavy 6.50 Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. U) Z O H Q U LL U W a w I Groves Branch Library Parks Capital Project - 1996 Parks & Recreation Department City of Lubbock, Texas SECTION O1 SUMMARY 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, and as described in the plans and specifications. All construction and other work shall be completed in accordance with all governing codes and ordinances, with the best engineering and construction practices, including material mfrs. recommendations for installation and workmanship, for the skill or trade involved. B. We request that your proposal be made in conformance with the guidelines contained in the specifications and on all plans. The contract will be awarded to the company with the proposal determined to be the most advantageous to the city of Lubbock. C. Work to be performed in such an order that the remaining amenities do not suffer due to the work being performed. 1.02 Work Included A Section 02 - Product Substitution B. Section 03 - Plant Materials C. Section 04 - Irrigation 1.03 Additional Information F A. All information under General Instructions To Bidder, General Conditions of Agreement, and Special Conditions apply to this section. B. These plans and specifications were prepared by the Parks Department (which shall be called Owner). Owner shall verify all construction stakes for locations of elements at project sites, and give the owner 48 hours to approve the staking before construction can begin. C. Bidder shall be prepared to send owner a price breakdown of any and/or all items he has bid on. Price breakdowns will only be requested after the bid opening has taken place. 7 L C 2. Quality Assurance 2.01 Contractors on Site Responsibilities A. Contractor shall take all precautions necessary to protect all existing trees, shrubbery, sidewalks, buildings, vehicles, utilities, etc., in the area where the work is being done or that may be located adjacent to or in -route across library property to the job site. The Contractor shall rebuild, restore, and make good at his own expense, all injury and damage to same which may result from work being carried out under this contract. B. The Contractor shall not park or drive any vehicles or equipment beneath the drip line of on -site trees and shrubs. Contractor and employees shall not park on unsurfaced library property and shall not drive vehicles across library land unless it is directly necessary to deliver materials to the job site. Pre -mix concrete trucks delivering concrete to the site shall not dump slag or wash down their vehicles on library property or adjacent private property. Contractor shall be responsible for notifying concrete truck drivers of this policy. C. The Contractor shall take all necessary precautions to assure the safety of the library visitors during the construction and clean-up operations. The Contractor shall maintain and keep in good repair the work intended under these Plans and Specifications and shall perform all necessary repair, construction, and renewal to the date of acceptance by Owner. D. Any utility and irrigation lines shown on plans are for design and construction information only. The depth of utility lines are not guaranteed. All underground lines are referenced from known surface structures. It is not implied that all existing public utility lines are shown on plan. The Contractor's attention is directed to the fact that other underground utility lines may exist that the Owner is not aware of. The owner does not assume any responsibility for any public utilities which are not shown on plans. It is the Contractor's obligation to locate and familiarize himself with all utilities and to provide for their safety. Damage to utilities will be repaired at Contractor's Expense. E. Contractor shall be responsible for protection of unfinished work and shall be responsible for the safety of library users utilizing the unfinished equipment. Contractor shall, at his own expense, furnish and erect such barricades, fences, lights, and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. F. The contractor shall be responsible for all damage to work due to the failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by the contractor at his own expense. The contractor's responsibility for maintenance of barricades, signs, and fights shall not cease until the date of issuance to contractor of City's certificate of acceptance of the project. G. Contractor shall be responsible for removal, hauling, and disposal of all construction debris and unusable material from proposed construction 2 f 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 plans. I. To furnish and supply all supervision, equipment, and labor necessary to c perform excavation, grading, backfill, compaction, and stock piling of material as specified herein and on the plans. 2.02 Product Delivery, Storage, and Handling A. Protect all materials from inclement weather: wet, damp, extreme heat, or cold, theft, damage, or vandalism. B. All manufacturer's labels, installation instructions, and shop drawings shall be in included for each item ordered. 2.03 Clean-up A. Demolition debris shall be removed from the site prior to commencement of construction work B. Within three days after completion of site, the contractor shall clean, remove rubbish and temporary structures from the site, restore in an acceptable manner all property, to It's original integrity both public and private, which has been damaged during the prosecution of work, and leave the site of the work in a neat and presentable condition throughout. The 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 r work. This work shall be done before final acceptance by the owner will be considered. C. Contractor shall clean up and haul off all construction debris, including 1 excavated rock material. Area shall be graded back into existing grade k smoothly. D. All spare parts or other pieces of equipment shall be turned over to the Owner following completion of the project. 2.04 Warranty A. Contractor shall guarantee all labor, workmanship, and materials supplied by contractor for a period of one (1) year from date of acceptance. B. Repairs made necessary due to faulty workmanship shall be made promptly by Contractor at Contractor's expense. End -of -Section 7 r SECTION 02 PRODUCT SUBSTITUTION r I 1. General 1.01 Work included A. Section 01 - Summary of Work t B. Section 03 - Plant Materials C. Section 04 - Irrigation 2. Substitutions 2.01 Conditions for substitutions ("OR EQUAL") A In the event that the clause "OR EQUAL" is used in the specifications pertaining to materials, the Bidder desiring to make substitutions for specified equipment shall submit the following: r1. Product identification, including manufacturer's name, address, and product literature. 2. Product description. 3. Product performance and test date. 4. Reference standards. 5. Manufacturer instructions for maintenance and repairs. i B. Request for substitution should be included with the overall bid and will be considered before contract is awarded. C. After contract is awarded, no substitutions will be considered. It will be Bidder/Contractor's responsibility to ensure the availability of specified product or substitution before bid date. D. Bidder shall provide the same guarantee for substitution as for product or method specified. E. Bidder shall coordinate installation of accepted substitution into work, making such changes as may be required for work to be complete in all aspects. F. Bidder shall waive all claims for additional costs related to substitution which consequently becomes apparent. G. Bidder shall be prepared to send owner a price breakdown of any and/or all items he has bid on. Price breakdowns will only be requested after the bid opening has taken place. 2.02 Substitutions will not be considered if. A. They are indicated or implied on shop drawings or project data submittals without being formally described in detail as to their differences from what was originally specified. B. Acceptance will require substantial revision of the original layout of the project. End of Section r r 7 SECTION 03 PLANT MATERIALS 1. General 1.01 Scope of Project A. Contractor shall supply all supervision, perform all work, furnish all labor, tools, materials, equipment, and incidentals necessary to fully and properly perform all work listed, and as described in the plans and specifications. All construction and other work shall be completed in accordance with all governing codes and ordinances, with the best engineering and construction practices, including material mfrs. recommendations for installation and workmanship, for the skill or trade involved. 1.02 Related work as specified elsewhere: t A. Section 01 Summary of Work B. Section 02 Product Substitution C. Section 04 Irrigation 1.03 Additional Information A. All information under GENERAL INSTRUCTIONS TO BIDDER, E CONDITIONS OF AGREEMENT, and SPECIAL CONDITIONS apply to this section. 2. Quality Assurance 2.01 Qualifications of Bidder A. Bidder to have minimum of 3 years experience on projects of similar characteristics and size. B. Bidder to furnish, at Owner's request, references of work for determination of ability of Bidder to perform work. C. Bidder to inspect site to become familiar with site conditions prior to bid. Failure to do so will not relieve Bidder of performing work as required in the specifications at no expense to the Owner. D. Bidder is to provide a specific construction date at the time bid is �. received by Owner. Owner understands the time element involved for the ordering and delivery of plant material by the Bidder. A reasonable amount of time will be allowed and determined at Owner's discretion. Failure to provide delivery date of plant material will provide grounds for rejection of bid. 2.02 Quality of Plant Material A. All plant material shall conform to ANSI Z60.1 1990. B. Plant material shall be true to botanical and common name variety as specified. r E I C. Plant material shall be sound, healthy and vigorous, well branched and densely foliated (when in leaf), and have healthy, unbroken, well developed root systems. D. Plant material shall be free from disease, insects, and defects such as knots, sun scald, windburn, injuries, abrasions, or disfigurement. E. All trees shall have straight trunks, unless specified otherwise, and canopy branches to begin no lower than four (4) feet in height (evergreen conifers are excluded). F. All trees shall be Ball and Burlap (B & B). Container grown shall have a compact root system. Plants collected from the wild or balled and potted plants are not acceptable. G. Container grown material shall fill the specified container, but shall show no evidence of being or having been root bound. 2.03 Measurement of Trees A. Trees shall be measured in units of average height in feet and by average caliper. B. Trees below four (4) inch caliper to be measured six (6) inches above ground level. If caliper is greater than four (4) inches, measurements to be taken twelve (12) inches above ground level. 3. Product Delivery, Storage, and Handling 3.01 Delivery A Deliver all materials to site in original unopened containers bearing manufacturer's name, trade name, trademark, in conformance to state law. B. Protect all material during delivery to prevent damage to foliage. C. Notify Owner of Delivery Schedule in advance so plant material may be inspected upon arrival at job site. Owner has the right to reject unsuitable plant material. D. Deliver plants to job site only when planting areas are prepared. E. All plants delivered to site are to be planted, staked, and receive initial watering on the same day of delivery. 3.02 Storage A. Protect all roots of plant material from drying or other possible injury. B. Take necessary precautions to protect material in adverse weather. C. Maintain and protect materials not to be planted immediately upon delivery. The contractor shall be responsible for damage to all materials which are not planted immediately. 3.03 Handling A. Do not drop plants. B. Do not damage trunk or crown of container material. r C. Plants shall not be picked up or moved by the branches, stems, or foliage, but shall be lifted by the container only. D. Any material damaged in ways described in this section will be replaced by the contractor. " 4. Project Materials 4.01 Plant Material Refer to 2.2 - Quality of Plant Material. Refer to plan for listings. 4.02 Backfill Material Top soil shall be considered soil dug from hole, free of rocks of 1" diameter or larger and mixed with water Retention Soil Additive (see 5.1 ` B Planting Mixture Ratio). 4.03 Mulching Material A. mulch to be shredded cypress chips. �-► B. Chips to be processed through a 2 3/4" to 3" size screen. No material shall be larger than 1/4" X 1/4" X 411 . 4.04 Water A. Water available on site. B. Contractor to furnish hoses, if necessary, to transport water. 4.05 Tree Stakes A. S' Metal 'T' Stakes shall be used B. Stakes shall be painted dark green with paint intended for outdoor use. 5. Mixes 5.01 Planting Mixture Ratio - Container Material t A. Water Retention Soil Additive - To be a cross -linked modified polyacryamide polymer, 50:1 water absorption ratio, nonbiodegradable, and pH neutral. (Starch based compounds are not acceptable). B. 2 1/2 oz. of dry compound per cubic foot of backfill material. Shall be r. mixed thoroughly throughout backfill material. 6. Execution 6.01 Site Conditions A. Site to be inspected regularly to determine continuation of work due to bad weather. Construction will be stopped temporarily, if necessary, by agreement between Owner and Contractor to ensure best installation possible. 6.02 Field Measurements A. Preliminary location of trees to be staked by Contractor at project site according to planting plan. Contractor to notify Owner for approval of 7 staking (36) hours before planting process begins. Owner will adjust plant material locations if necessary. B. Planting shall begin only after plant staking is approved by owner. 6.03 Excavation for Planting A. Shape of Pits 1. Vertical scarified sides and flat bottom. 2. Circumference of plant pits to be circular with bottom of hole to be as shown on planting detail. B. Size for Trees 1. Two (2) foot wider and six (6) inches deeper than container. 6.04 Obstructions Below Ground A. Remove rock or underground obstructions to depth necessary to permit planting. B. If underground obstructions cannot be removed, notify Owner for new instructions. C. Avoid damaging underground utility lines. See General Instructions to Bidders. D. Repair damage to existing irrigation system (if applicable) at no expense to Owner. 7. Planting 7.01 Ball and Burlap grown material (for individual plantings) A. Dig pits two (2) feet wider and six (6) inches deeper than ball. Loosen the soil in the pit bottom, removing rocks, compacted soil, and other obstacles which could deter good root growth. B. Fill lower third of pit with soil mixture up to the height that will bring top of container soil even with the existing soil. C. Place plant into pit and backfill with soil mixture. D. Water to allow soil to sink in around roots. Push plant and soil around roots to remove air pockets and to keep plant straight. E. Level plant saucer on new plants and restore those on existing plants to match new saucers so that water can be evenly distributed by drip emitter within the saucer area. See planting detail for size. 7.02 Mulching A. Add a 3" specified bark mulch topping (see sec.4.3) on new plant saucers. B. Add a 3" specified bark mulch topping (see sec.4.3) on existing plant saucers. 7.03 Pruning A. Prune minimum necessary to remove injured twigs, branches, deadwood, and suckers. 8 7.04 Staking A. Stake all new trees being replaced or added. B. See specified method on planting detail sheet. 8. Clean-up 8.01 Remove all planting debris such as excess soil, rocks, trash, and other material from project site. 9. Warranty 9.01 Contractor shall guarantee all plant material for a period of lyear beginning at final acceptance date by owner. All defective or dead plant material shall be replaced by Contractor, as well as all labor necessary to install new material, and shall be at Contractor's expense. End of Section 9 SECTION 04 IRRIGATION SYSTEM 1. General 1.1 Work Included: A Section 01 - Summary of Work B. Section 02 - Product Substitution C. Section 03 - Earthwork and Grading D. Section 04 - Irrigation 2. Quality Assurance 2.1 Qualifications of Bidder -Licensing A Bidder shall supply the name and license number of the licensed irrigator who is responsible for the project with the bid submittal. Irrigation installer shall be licensed in the state of Texas or from where Contractor is based. Out of state licensing shall only be acceptable if the licensing state shares reciprocity with Texas. A licensed irrigator or installer shall be on the job site at all times when irrigation work is in progress. B. 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. In the event of any discrepancies between the plans and specifications or doubts as to the meaning and intent of any portion of the contract, the Owner shall define what is intended to apply to the work. 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. 3.2 Utilities F. A Contractor's attention is directed to the fact that other underground utility lines may exist of which the Owner is not aware. It is Contractor's obligation to locate and familiarize himself with all utilities and to provide for their safety. Damage to utilities will be repaired at Contractor's expense. B. Water Supply (if applicable) - Meter or other water source already installed. Contractor is responsible for hook-up from meter to system. 10 C. Electrical Power Supply (if applicable) - Power to the meter box to be installed by Contractor. Contractor shall set the meter box. Contractor shall run power to the controller. Contractor must satisfy City of Lubbock electrical codes for hook-up. Contractor is required to have a licensed electrician provide the electrical hook-ups. D. Bores/Road crossings (if applicable) - Contractor is responsible for bores and sleeving necessary to go under city streets/utility drives to provide any utility service to the project site. Bored holes shall be of the smallest diameter that will permit installation of encasement pipe. Pipe sleeving under city streets shall be 16 gauge smooth steel pipe with a minimum wall thickness of one -quarter (1/4) inch when pipe size is greater than four (4) inch diameter. Irrigation lines crossing sidewalks shall be sleeved with Schedule 40 PVC pipe twice that of the pipe when line is less than 6" diameter. Pipe to be large enough for irrigation pipe and conduit for electrical control wires (if necessary). Notes shown on plans shall over ride specifications. Sleeves shall extend at least two (2) feet out from under the surface structure. 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. Fence layout will be laid out on the surface for the contractor one time, from that point on, it will be the contractor's responsibility to maintain the footprint. At the final walk through the fence layout shall be laid out for verification. C. All trenching or any excavation is to be no less than six (6) feet from the trunk of any plant material. If questions arise, Contractor shall contact Owner for clarification. 4.3 Barricades and Protective Measures A. Contractor shall be responsible for the protection of unfhshed work. Contractor shall, at his own expense, furnish and erect such barricades, fences, lights, and danger signals. He shall also take such other precautionary measures for the protection of persons, property, and the work as may be necessary. 11 ii B. The contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it. When damage is incurred, the damaged portion shall be immediately removed and replaced l l by contractor at his own cost and expense. The contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to contractor of City's certificate of acceptance of the project. 5. Submittals 5.1 Shop Drawings A. Contractor shall submit shop drawing to owner before any irrigation installation are to begin. Shop drawing to include complete layout and detail drawings illustrating the location and type of all heads, 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 list 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. I Work to be done on vellum paper with legend describing symbols for equipment (check with owner for 3.5" diskette option). "As -built" plans shall be accurate. Inaccurate plans will not be accepted. Final payment will not be made until "as -built" plan is submitted to Park Development staff. 6. Products 6.1 Performance of Specified Material A. All specifications given for materials are based on the performance of the equipment. This is to assure the integrity and proper hydraulics for which the system is designed. If bid material does not conform to given performance specifications, the bid will be rejected by 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. F 12 6.2 Materials A. PVC Pipe All polyvinyl chloride pipe shall be class 200, SDR 21 un-plasticized polyvinyl chloride, Type I, Grade I. B. Fittings 1. All pipe must have manufacturer's markings clearly printed on them during installation. 2. All class 200 pipe must conform to ASST. D-2241. 3. All lateral piping four (4) inch and under shall be solvent weld. 4. PVC Fittings a. Schedule 40 fittings must conform to ASTM D-2466. b. Schedule 80 fittings must conform to ASTM D-2464. C. Tubing 1. 1/2" polyethylene tubing - R.ainbird R8-600 2. All tubing shall be installed with barbed or compressed fittings. D. Tubing Fittings 1. 1/2' Tee - Rainbird RB-22 2. 1/2" Connector - Ra.inbird RB- 21 3. 1/2" Hose Closure - Agricultural Products, Inc. 700-AP8 E. Drip Emitter Head 1. Netafim Irrigation, Inc. products 2. 2 GPH PC Dripper F. Swing Joints 1. Nipples: Schedule 80 with molded threads on both ends, unless specified otherwise in construction detail. 2. Elbows: (90 degree) Schedule 40 FIPT X FIPT. 3. Pre -fabricated swing joints are acceptable as specified Sec. 04, 7.03,E,2 4. Lateral line fittings: Schedule 40. G. Valves 1. Double check with double gate valves (back flow prevention). ( Wilkens 2" model 950XL or "approved equal") a. Two independently operated spring -loaded, center stem pop up type check valves. b. Two gate valves - screw type c. Main case shall be epoxy coated internally 10-20 mils and prime coated externally and consist of four test cocks which provide for in - line testing and maintenance. d. Stainless steel springs and corrosion resistant materials shall be used through -out. e. Check valve to be accessible from top of device without removing check valve body from line f. Install Double Check Valve with unions of appropriate size before and after valve. g. Valve to be placed on threshold nipple a min. of 12" in length. 2. Manual Control Gate Valve 13 F a. All gate valves shall be resilient seat, iron body, bronze mounted throughout and shall meet all requirements of AWWA C 509. The valves shall be a mechanical joint. All valves shall open by turning to the left, and unless otherwise specified shall have non -rising stem when buried and outside screw and yoke when exposed. Gate valves shall be furnished with a two-inch operating nut when valves are buried and shall be furnished with hand wheels when exposed. Gate valves shall be furnished with O-ring stem packing. 3. Quick Coupler Valves (Weathermatic #V144RL, 1", single lug 2 piece body; Inside- infield Weathermatic #101RL, 1", single Lug 1 piece body or "approved equal') a. Single lug, 2 piece body, heavy cast bronze. b. Vinyl with lock cover. c. Installed with min. 10" diameter concrete doughnut (For 1" valves). Donuts shall be installed flush with finished ground level and shall not shift when walked upon. d. Contractor shall supply the Owner with one (1) valve keys per field per valve type. 4. Section Valve (Weathermatic 8024 BCR-_ , _", or "approved equal') �^ a. Sized according to plan. b. Direct burial, remote control electric valve normally closed. c. Solenoid - Waterproof molded epoxy resin construction having no f" carbon steel components exposed. d. Actuator - Stainless steel enclosed in a watertight protection capsule with a molded in place rubber exhaust port seal. Spring shall be stainless steel. e. Diaphragm - Dual ported, made of nylon reinforced Buna-N rubber f. Flow adjustment system. g. Coldwater working pressure -150 P.S.I. i i h. Bronze body and cover with stainless steel cover bolts. H. Valve Boxes 1. Valve Box (Brooks model 1419 or approved equal). a. Supplied by contractor �. b. To be installed by contractor c. Minimum dimensions: 15" x 21" x 12" deep, molded plastic. Extensions shall be used as necessary to bring valve box to grade and shall be compatible with box to achieve depth required (no bricks shall be used). d. Bolt -in green lid with cover lift holes (rectangular, lid shall have snap lock tab closure). 2. Double Check Valve Box (Brooks model 1730 or approved equal). a. Supplied by contractor r b. To be installed by contractor c. Minimum dimensions: 24" x 37" x 18" deep, molded plastic F 7 14 Extensions shall be used as necessary to bring valve box to grade and shall be compatible with box to achieve depth required (no bricks shall be used). d. Bolt -in green lid with cover lift holes (rectangular, lid shall have snap lock tab closure). I. Sprinkler Heads. 1. Specified Head #1: 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., 1.85 G.P.M. on 180 deg. emitter. d. Precipitation Rate: 1.83"/hr for 90 degree and 180 degree heads. e. Screens shall be 1800 PCS, part # PCS-125. 2. Specified Head #2: Toro model #640 series for flow rates ranging between 9 and 25 gpm, or approved equal. Sprinklers shall be pop-up type with gear drive for full circle and part circle coverage. The final gear drive and bull gear drive shall be made of stainless steel and brass. The nozzle and drive assembly shall also be encased in stainless steel. Sprinklers shall be mounted up to 1/2 inch below finished grade. J. Controller. Weathermatic LMC24 with 24 stations or "approved equal". The device shall be micro -processor based, solid state electronic in operation. The control panel shall provide micro -processor programming for day/date, station start times and duration of watering times. Clock and calendar shall be solid state. Back-up power shall be provided by rechargeable N:Cd type batteries that shall retain all user entered data. The control panel shall have two (2) watering programs. Controller shall not have fuses or circuit breakers that would shut down watering in the event of a shorted valve. The controller program shall include a short sensor to advise the operator that a valve short exists. The controller shall be housed in an industrial -grade heavy -gauge steel housing with hinged cover, two side latches and cylinder lock. Controller is to be grounded with solid copper grounding rod adjacent to the controller. Contractor shall install electrical surge protection for each controller. The Owner will provide power (120V) to the controller. The station ability of the controller shall be as indicated on drawings. K. Screen Filter 1. Shall be Arkal Products 2. RF1 1" ring filter L. Lightning Arrestors with Grounding Rods (if applicable). 1. Arrestor to be installed at controller by Contractor. Lightening rods shall be installed by contractor. 2. Ground Rods -Copper coated steel using copper coated or bronze one piece clamps. M. Control Wiring 15 F 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 l common wire. 3. All control wires to be installed at minimum depth of 18" and directly alongside any pipe if the same ditch is used. N. Miscellaneous Equipment 1. Wire Connectors a. Shall be 3M model DBY. b. Provide moisture -proof connection for underground wiring. 2. Solvent Cementing a. Primer- Weld -On P-68 Purple Colored Only (All pipe and fittings) b. Solvent- 1/2" then 1 1/2" Weld -On #705; 2" three-10" Weld -On r #717. i c. Manufactures Recommendations shall be followed at all times. O. End Line Drain /Flush Valves 1. Shall be placed at end of each drip tubing 2. Shall be King drain, product #GF 22-163 3. Thrust Blocks. a. Concrete "ready -mix"- 3,000 PSI in 28 days with 3 number 3 rebar installed. To be placed at all angles and terminal ends of 2 1/2" or greater pipe. To be placed at all angles (90's, 45's, tees) and at terminal ends of pipe. (Refer to Thrust Block detail) Thrust blocks l must be installed against the pipe and extend to 12" of undisturbed vertical wall of the trench. All pipe and fittings to be wrapped in 30 tbs. felt to protect from movement. ` P. Fresh water line shall be no less than schedule 40 and have a six (6') foot minimum horizontal separation from all other underground utilities. foot from Q. All pipe to have a one (1') minimum vertical separation all non like utility lines. r R. Pressure regulator for drip irrigation 1. Shall be Nelson 25 psi in -line with 1" finpt. 7. Execution 7.1 Handling of Materials A. Contractor shall exercise care in handling, loading, and unloading of all equipment. All PVC pipe, fittings, and other equipment shall be adequately covered and protected from the elements. Pipe and fittings also shall be transported in such a fashion as to be protected from excessive bending and from external, concentrated load at any point. 7.2 Trenching A. To have straight, flat bottoms and of sufficient depth for sprinkler head and operable swing joint B. Trench Size: l 1. Minimum width: 6 inches 2. Minimum cover over installed supply piping: 18 inches 16 l 3. Minimum cover over installed branch piping: 14 inches 4. N inimum cover over installed outlet piping: 14 inches S. Maximum center line depth main line shall not exceed 24" at zone valves. C. Pipe pulling is not acceptable. D. All trenches and adjoining areas shall be hand raked to leave the grade in as good or better condition than before construction started. E. All settling and low areas that occur within the first twelve (12) months shall be the responsibility of the contractor to fill and level. F. Trench to accommodate grade changes. G. Maintain trenches free of debris, material, or obstructions that may damage pipe. R Where rock or other undesirable materials are encountered trenches are to be over excavated by 3 inches to allow for a 3" layer of finely graded sand under all piping. After the piping is installed, finely graded sand shall be placed around the piping up to a point 3" above the piping. I. All trenches are to be inspected and approved by Owner before covering. I Trench digging machinery may be used to make trench excavation except in places where operation of same would cause damage to existing structures either above or below ground; in such instances, hand methods shall be employed. The Contractor shall locate all existing underground lines, of which he has been advised whether or not they are shown on the drawings, sufficiently in advance of the trenching to make whatever provision necessary to prevent damage thereto. Extreme care shall be used to prevent such damage and the Contractor shall be fully responsible for damage to any such lines. K. There will be no classification of or extra payment for excavated materials and all materials encountered shall be excavated as required. Adjacent structures shall be protected from damage by construction equipment. All excavated material shall be piled in a manner that will not endanger the work or existing structures and which will cause the least obstruction to roadways. L. The Contractor will be required to locate all known utility lines far enough in advance of the trenching to make proper provision for protecting the lines and to allow for any deviations that may be required from the establishment lines and grades. M. Excess trench excavation, not used for backfilling, shall be disposed of by the Contractor, and at the Contractor's expense as directed by the Owner. N. All trenches and adjoining areas shall be hand raked to leave the grade in as good or better condition than before construction. O. All trench backfill shall be flooded to prevent settling to 95% Standard Proctor Maximum Density. Tamping is required, at road crossings the 17 material shall be placed in 8-inch layers, moistened if necessary, and thoroughly compacted with mechanical tampers from the bottom of the trench to the finish grade to a density of at least 95% of maximum density [ at optimum moisture as determined by ASTM D698. P. It is understood that the piping layout is dramatic and piping shall be routed E in such a manner to achieve the intent of the plan. E 7.3 Installation r, A. Install pipe, valves, controls, and outlets in accordance with manufacturer's instructions. B. Connect to utilities. C. Set outlets and box covers at finish grade elevations. D. 1" polyurethane drip irrigation tubing shall be located 6" above mainline in same trench. When trench is cut through rock or rock ground, the pipe and tubing shall be bedded three inches on all sides with approved sand. Owner to determine both the need and quality of sand bed. E. Swing Joints 1. Swing joints shall be used on all rotary gear driven sprinklers and shall be of the same diameter as the inlet opening. 2. Premanufactured swing joints shall be used as manufactured by Spears swing joint schedule 80t, or approved equal. 3. Swing joints for quick coupling valves shall be made up using galvanized pipe and fittings. F. Use flexible risers on all fixed head pop-up sprinklers. G. Wiring: 1. All wiring shall be No. 12, Type UF, copper direct bury type made for the irrigation industry. Wiring shall be color -keyed: white for ground, red for operation of equipment. 2. Wire splices will only be allowed to occur within an accessible control box. Inline direct burial splices will not be allowed. Wire splices shall be DBY model as manufactured by 3M Company or approved equal. 3. Provide looped slack at valves and turns in trench to allow for contraction of wires. 4. All wire passing under existing paving, sidewalk, etc., shall be encased in plastic conduit extending at least 12" beyond edges of paving or construction. 5. All electrical control wiring shall be wrapped together on 10-feet increments with plastic straps. An electrical wiring schematic shall be furnished with the equipment. 6. Tracer wire and warning tape shall be installed with all fresh water piping. Tracer wire 16 Ga.CU. shall have the insulation removed for at least 6" every 30 feet of run. Potable Water Warning tape shall be run at half the depth of the top of the pipe. H. After piping is installed, but before outlets are installed and backfilling commences, open valves and flush system with full head of water. �. 18 E I. Dissimilar Materials Piping Joints: Construct joints using adapters that are compatible with both piping materials, outside diameters, and system working pressure. J. Concrete Thrust Blocks are required at all turns and dead -ends on pipe sizes 3 inches and over. Pipe of smaller sizes may also require thrust blocks if so directed by the Owner. Concrete shall have a 28 day compressive strength of 3000 psi, minimum. (See Detail) 7.4 Laying of PVC Pipe A. Pipe to be snaked from side to side of trench bottom to allow for expansion and contraction of pipe. B. All foreign matter to be removed from inside of pipe prior to joining. Keep clean during laying operations by means of plugs or other approved methods. C. All lumber, rubbish, and large rocks shall be removed from the trenches. Pipe shall have firm, uniform bearing for the entire length of each pipe line to prevent uneven settlement. D. V Polyurethane drip irrigation tubing shall be located 6" above mainline in same trench. When trench is cut through rock or rock ground, the pipe and tubing shall be bedded three inches on all sides with approved sand. Owner to determine both the need and quality of sand bed. E. Do not lay pipe in water, or when trench or weather conditions are unsuitable for work. F. When work is not in progress, securely close open ends of pipe fittings so that no trench water, earth, or other substance will enter pipes or fittings. G. Take up and relay any pipe that has the grade or joint disturbed after laying. H. Fittings at bends in the pipe line and at ends of lines shall be firmly wedged against the vertical face of the trench, but not against rock. I. Thrust blocks to be used. (See 7.4 Thrust Blocks) J. Make joints in all screwed fittings by applying Teflon tape on male threads. Use of Teflon dope is prohibited. K. Where threaded PVC connections are required, use threaded PVC adapters. L. There shall be no less than nine (9) inches of pipe between any two fittings, except for close nipples used in swing joints. M. No cross tees or street ells are to be used at any time. N. On cut pipe, all burrs to be removed, tees and pipe to be cleaned, and primer and solvent applied as to standard application process. O. After pipe has been solvent weld, do not apply water pressure for a time less than that of the manufactures recommendation, considering current weather conditions. P. All pipe shall be installed so that manufacture's markings are facing in the up position. 19 F Q. Excess PVC Solvent shall be removed from joints before drying to prevent pipe weakening. Pipe connections made with excess solvent will not be accepted. ' E R. Solvent welding will not be permitted if weather conditions prevent joints from remaining free of dirt or moisture, while joint is being made. S. The owner must be given twenty-four (24) hour notice before pipe trenches are covered so that owner's representative may be present for inspection. After pipe system has been inspected and approved, trenches may be closed. 7.5 Installation of Valves (gate, double check, and section valves). A. Install all new valves on a level grade with the mainline. Valve boxes shall extend a minimum of 3" below bottom of valve. Valve box extensions shall be used as necessary and shall be compatible with the valve box. B. After installing valves and valve boxes, backfill holes with 3" min. washed gavel 3/4" in size up to bottom of valve. C. Quick coupler valve to be installed on swing joint as specified on plans. Top to be flush with finish grade. 7.6 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 are by Contractor. D. All heads to be installed six (6) inches from proposed fence line. [ 7.7 Emitter Heads A. All emitter heads to be installed at spacing indicated on plans B. All emitter heads to be installed on 1/2" or 1/4" tubing as indicated on plans. C. Install emitter heads so that top of head is slightly above ground level to allow for settling. D. All emitter heads to be located near to center of tree saucer as possible E. All emitter heads to be installed so that entire tree saucer area is evenly watered. ` F. figure 8 hose closure to be located just beyond emitter. 7.8 Flushing A. The mainline and valves will be flushed after installation. Full working pressure must be used to flush all lines. On a loop system the two valves the greatest distance from the water source will be opened. On any other 4 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. Next, open the valve with full working pressure �• 20 and begin capping each swing joint with a threaded cap, beginning with the swing joint closest to the valve and ending with the swing joint the greatest distance from the valve. Twenty-four (24) hour notice must be given to Owner's representatives for inspection. C. Flush pipes until free of all rock, dirt, trash, pipe shavings, and debris. 7.9 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. 7.10 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 one (1) inch diameter to be placed back in trench. Backfill is to be compacted and flooded to settle trench. Contractor shall add more backfill if needed to bring trenches to existing grade. 7.11 Controller (if applicable) A. Contractor to locate controller as indicated on plans. B. Contractor shall install a concrete slab four (4) inches thick flush to ground. Owner will provide and Contractor will install prefabricated metal rain tight box, in wluch controller will be installed by contractor. Contractor shall install grounding rod through concrete slab. C. Contractor shall install rigid conduit from edge of slab, ell up through and attach to controller box. One conduit for power source; one conduit for common/section wires. D. Power wire conduit to be 3/4" diameter rigid conduit to meet city code. E. One duplex plug shall be installed in the controller box. 7.12 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 at every turn in the trench and every 50 foot length of wire run by wrapping at least five (5) turns of wire around a one (1) inch rod or pipe. Next, withdraw the rod leaving turns in wire. 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 wiring shall be red through entire system. White wire may not be used as section wire. 7.13 Lightning Arrestors and Rod A. A lightning arrestor and rod shall be installed at each controller. The rod shall be installed by the contractor and placed within the concrete slab below the controller. 21 r B. Rod shall be copper coated steel, minimum 8 feet long and 5/8" diameter. C. Rod shall have minimum resistance of twenty-five (25) OHMS or less. D. Rod to be connected to controller by a copper coated or bronze one piece clamp. E. Wire used to connect controller to lightning rod shall be 6 gauge solid copper wire or one gauge larger than power wires, whichever is largest. tt 7.14 Testing and inspection A. Do not allow any of the work in this section to be covered or enclosed until it has been inspected, tested and approved by the Owner or Owner's Representative. B. Prior to backfilling the main line and with control valves in place but before the lateral lines are connected, completely flush and test the main line. C. Fill the main line with water for a 24-hour period prior to testing. D. Pressure test main lines with 150 psi for a period of 2 hours. Allowable leakage shall be as determined by the formula listed in AWWA C600. Owner will witness and approve all tests. Notify Owner at least 24 hours in advance of all testing. E. Provide all testing equipment and personnel required to complete the testing procedure. Repeat testing as required. F. Flush, clean, adjust, and balance all systems. G. Adjust heads for proper coverage. . H. Potable Water Lines: Hydrostatically test for 6 hours at 150 psi. There shall be no leaks whatsoever. 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 j walk through system and visually check the operation of the system. At EE this time Owner and Contractor will discuss repairs that may need to take place. 8.2 Final Inspection A. After preliminary inspection has taken place and all corrections and repairs have been completed by the Contractor, Contractor and Owner will again walk through system to check operation. This procedure will be repeated until system operates to Owner satisfaction. At this time Owner will accept system from Contractor. An acceptance form will follow from Owner to Contractor. 9. Clean up and Adjusting 9.1 Removal of Site Debris. Contractor shall: A. Make final clean-up of all parts of work. B. Remove all construction material and equipment. C. Prepare site in an orderly and finished appearance. D. Remove from site any rock or extra dirt that resulted from this and restore site to its original condition. l; j. 22 E. Flush dirt and debris from piping before installing sprinklers and other devices. F. Adjust automatic control valves to provide flow rate of rated operating pressure required for each sprinkler circuit. G. Carefully adjust lawn sprinklers so they will be flush with, or not more than 1/2 inch below finish grade after completion of landscape work. H. Adjust settings of controllers and automatic control valves. I. Contractor will be required to remove all construction debris from the site. Final clean up by the contractor must be acceptable to the owner. 10.0 Commissioning 10.1 Starting Procedures A. Follow manufacturer's written procedures. If no procedures are prescribed by manufacturers, proceed as follows: 1. Verify that specialty valves and their accessories have been installed correctly and operate correctly. 2. Verify that specified tests of piping are complete. 3. Check that sprinklers and devices are correct type. 4. Check that damaged sprinklers and devices have been replaced with new materials. 5. Check that potable water supplies have correct type backflow preventers. 6. Energize circuits to electrical equipment and devices. 7. Adjust operating controls. B. Operational Testing: Perform operational testing after hydrostatic testing is completed, backfill is in place, and sprinklers are adjusted to final position. 10.2 Demonstration A. Demonstrate to Owner that system meets coverage requirements and that automatic controls function properly. B. Demonstrate to Owner's maintenance personnel operation of equipment, sprinklers, specialties, and accessories. Review operating and maintenance information. C. Provide 7 days' written notice in advance of demonstration. 11.0 Guarantee. Contractor shall: A. Make all needed repairs or replacements due to defective workmanship or materials for exactly one (1) year following date of final acceptance. B. Be responsible for all expenses necessary for repairs and replacement. C. Pay all expenses incurred if Contractor fails to act upon a request from Owner for repairs to system. If Contractor fails to do work within ten (10) days after request has been made by Owner, Owner will proceed with repairs and charge all expenses to Contractor. D. Pay for expenses incurred to project due to vandalism prior to final acceptance. E. Owner shall pay for all expenses incurred due to vandalism after final acceptance End -of -Section 23 Page is too large to OCR. Page is too large to OCR.