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Resolution - 5342 - Contract - Lubbock Building Services - Canyon Lake Fishing Piers - 11_07_1996
RESOLUTION NO.5342 Item #26 November 7, 1996 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 with Lubbock Building Services of Lubbock, Texas, to install and furnish all materials and services as bid for the Canyon Lake Fishing Piers, attached herewith, and any associated documents, which contract 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 7th day of AT EST: ilayttbarnell, City Secretary APPROVED AS TO CONTENT: c. a f;�� Victor Kihnanj Purchasing Manager APPROVED AS TO FORM: Donald G. Vandiver, First Assistant City Attorney DGV:da/ccdocs/cnynlake.res October 29, 1996 November ,1996. ALEX " " COOKE MAYOR RO TEMPORE 53#a CITY OF LUBBOCK SPECIFICATIONS FOR CANYON LAKES FISHING PIERS BID #13699 « ./( /0.. CITY OF LUBBOCK Lubbock, Texas rn N O r c 0 z z 0 M w All rrB #13MO, Addendum 93 City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 e06-767-2167 ADDENDUM #3 (TB #13699 Canyon Lakes Fishing Piers Office of Purchasing MAILED TO VENDOR: October 16, 1996 CLOSE DATE: October 23, 1996 @ 4:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (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 a preliminary copy of the assembly manual for the floating dock system. 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 or Email to: LRitchie@mail.ci.lubbocktx us THANNK YOU, Laura Ritchie Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID Ar Enclosure 13699ad3.doc r a 4 w I • C -_' -:i: - •-'i; '`' 'H`1` i+ ".++, Y` t•' s-.• � i k r� t1 V, w2l, *.*.''''. ,!•. t.* � r�L� 'r:: • ,;`i r�'' �i- ,+-:tad •irL', � his, ` .:l .'� � �Sg • r� 1'� L" .y : :4. •"t `•-'�•�,� �-[` i+a •;''': a ._': wti;t- 'ii ' �� t+iii -� �;. \.i- :�• :j j� 5-`t. _i, r• 5,? � ca.�;�(��1 � •:: , .y • � �•_ r J.i . fir � 'j° i r ' _ .�"#, .3 tii,: ••'a' f:::1 �:1•'� ^' �� Of i:yi�;ir.�Y... �;ie+ + � t v '���'^ �4ftr��(+'•r�; �s,}.' �ii ���" ;,,,... : t'. '' ' _fir>� •:",- ASS...-�{� �., • � � �•;'y�S�i+�LjT�`? �t•, �> w�R • u r'�`` :a:; �•_�1,: ••�• �. '} �° "- •'rtt•, �` �...�� � ��si.�'��[k=;` T � i� S� ,.i(`;,$�x�,,: :%!,�'��1:'�� � �" t— � +• •. .+ TT ;,tar. 10-08-1996 3:50PM FROM P.a SUPERDECK FLOATING DOCK k ASSEMBLY MANUAL r This manual Is designed with illustrations to give the directions required to assemble any configuration of the Superdeck floating dock system. You will use this manual plus a separate layout drawing when assembling a Superdeck floating dock The basic fools required for every job are: a. Via- box end wrench, b. ratchet with o/,6" socket, �.. c. large screwdriver or drive punch, d. W air or electric hand drill with 'h" diameter drill bit x T to 10" long, e. electric or air wrench to handle Men socket, r, f. hammer, r g, hack saw (small job) or power saw on large jobs to cut 3" x 3" support. 'Mote: Light shaded parts are parts described. Make sure you read the entire manual before starting your dock so you can locate all acces- sories in proper location as you go which is more officlent. F Layout floats as shown starting from shore side. Lay the 3" x 3"',Wort mPmt r In esenter+gro-ove of the floats, eswt of 3" x 3" should be approximately 6" to 12" from otrtslde edge. Locate the spacer #300300 (series) o�end of S ul a ring float r UP. F 10—W-1996 3:60PM FROM P. 9 F F F •{ •i•t• ��'.�y •��, •• •\ �.\,wh'•�• i�• ��;Jt�ttJi/J'U �t •• f}•'••'••{��° �• 1'. e Locate deck #300200 (series) on float correctly so notch on deck end sits the spacer. Textured side of deck is the top side tWti wMuw µ1n.MjV ;" %op. lvIinL OYIO Yldt GAAW IIU411i114d holes of deck Tina up with the three hulas nn the o%lelp of the float. Beloree t3Wir ly arJUREbuai decks, assemble deck to float loosely as explained in the next section. I. The hardware for attaching decks to floats is as follows: one single connector; one W —16 NO x SIA" HHCS: one W H.O. washer, and one 4710" —16 NO nyfaic nut. This Is stwidard for al/t tocstll,rria except wham there nuay be 8w8a8ory hardI a m, located on a float. In this case, the special hardware will be Identified at that illustration. In your shipment, there are one or more tubes of a lubricant called `Never Seez! In order to make sure the nuts and N1J1(O UV ItVI AA t 6J`.1, PUL a 6111GJ1 dJ1MJ11: VI 1111b VIJ tfi2j;I11?Un thread Make sure deck mounting holes are limed up with float mounting holes. Pusti the single connector, from bottom side. up t hrougI- float and daces counting tole. Hoke on to co-,mavctor = It boot: not tag oat. Pull rat washier Gn bo t arod Insert bolt down. from top of deck, through deck and connec- tor. Screw nut onto bolt by hand as far as possible. Do all six locations on beginning float/deck combo. F ,10-08-1996 3s61PM FROM P.10 Continue to assemble the rest of the deck in the same man- ner. The assembly drawing will Show exactly where each float should be located. All float locations under deck (with one possible exception) will have three connection points on each side. When you come to the end of a 3" x 3" support member, it must be krcated in one of two positions In a float: a- On the end of the dock, the member should be ap- proximately 6" -12" from end: b. Al others should have the member endina aP- 1koxknately in the middle of the float. In the second example, the next member Should butt against the other member. Ynu may !� re�.�ir� !:. �; oat " t~e rnGrir ber In either case for proper location. p '' Yid 3•w+.li.+-r .' When two decks Warlock with each other without a float u demeath, boa the decks together with the V -16 NO x 2•. HHCS, two %" flat washers and W -16 NO nylok nut typlc each side. Second step et these locations where shown on layout drab ing is to drill through the deck and 3" x 3" support memo, at the centerdeck mounting hole at interlock location. Bolt; x 3" member to deck with %" -16 NC x 6t4" Ig. HHCS, washe and nylok nut. After assembly is fully together. make sure dock Is Straigt before you finish tiohtening each mkimA easarr>b �; T:�,tz. sides until you see a saght bulge of float side at connpct3nn_ Y,r<mn your assembly requires a multiple width dock of and size, ycn, tire the f.!jo,.m.7y b; ='—P.--cedur6s. I 0-0W-199S 31 S3PM FROM P. 11 The first step is to bolt an the required sets of floats together. This illustration Shows a double wide (r) assembly. Set the floats up on end. Take one float and insert double connectors in each of the three mounting holes. Hold each connector in place by pushing the 1W spring clip over the connector on top side of float. Bolt floats' bottoms together on both front and rear as shown with V -16 x 3" Ig. HHCS, two flat washers, and nylok nut. The top uses %" -16 NC x 21,j" Ig. HHCS. SIM next float up to the first one and fit second float of other We of all three double connectors. Push the f1 spri dips on all three on this side when floats. are in place. H4 onto the other side so connector Is not pushed out. w. ..-t 1 After all floats are Molted together, set them flat and l: ; t:'w out according to the layout drawing. You will be able to a semble dock In section lengths based on your spa availability. The procedure for assembly Is Identical to a sembly of a single wide dock except for the center bolts decks. The center bolts are the same Est' - 16 NO x 5 W ' HHCS with W lockw,asher followed by W flat washer whi screws into the threaded base of the double connector. NOTE; if you have a dock assembly requiring more than tv wide float assemblies, you use the same procedure. P. 12 F F •sue ,�'�;.=Tka� �'-{ %:.fit f; �•. ? .;l_ fir+ a+:-:'! Finger Connector #30020 Insert finger connector plate between deck and float of walkway and rebott deck to float This locatior shown on assembly drawing. After the linger is assembi (which Is done the same as a single wide dock as shown the beginning portion of the manual), leave the end outs; connectors unbolted. Best time to orate finger to walk is the water. Push finger up to walk and slide connector pi., between spacer and float. When In place, Insert single oc neotor In place and bolt. When top is in place, bolt the fio,, at the bottom with No - 16 NO x 3" Ig. HHGS, two wash( and nylok nut —one set each side. Tighten when both are place. \ } 1 S HiltmY Hall Q.YVV:iibiy rr3vailE t3i 300.22 vliyi :Fsvuiii.'�ua�iu�'i�� � a�$ti�`vic�i65iti$tCGonne�`tC7rIuC To install the deck hinge half, you must first push the hinge assembly on each side, Yau will need two %" -16 NC x S%" t half on the deck before the deck Is assembled to float. After HHCS for this. hinge half is in proper location over deck and spacer, locate Double FfoatAssemtaly—On outside use the single conne deck assembly on float. for assembly as above, plus a %" -16 x 61h" bolt with loc washer for inside of decMIoat. - .,J;�• .. - \, f.� . 1. .i • � y'��!`�IS •�i� 7�.�f :; ��i • :,: .. �. •,' .. ' i O-ZS-1 996 3 = S4PH FROM I F �F Pole/Piling Assembly #30023 or #30028 Assembly of side -mounted pole/piling bracket: a install the 1 I/V sq. tube into bracket and r so Hinge Half #30016 Hinge Half 930032 This illustration shows the other hall of hinge assembly for ramp without the ramp in place. To assemble, alt you need to do is Insert the hinge shalt through both halves. F • �.,.•i ti.ar�r.Krso-� bolt through one of the matching holes with %11-16 x 3" Ig. HHCS, two flat washers and a nylok nut; lice bracket over deck in proper location to 1ine.up with ec k mounting holes and insert proper bolt to hold posi- tion; a go to other side and slide other polWIe bracket over 11/4! sq. t-" and ento the deck In p r'wr 1=1.10n; d. bolt bracket to deck with proper bolts. r_ Cleat Assembly #30035 Assembly of cleat accessory in the eel of mounting holes on deck. When mounting over a float, you need to replace one of the %" -16 x 6%11 Ig. HHCS with a V -16 x 71/a" 1e. HHCS and the other is a %11-16 x 414" Ig. HHCS with two flat washers and nylok nut. .10-08-1996 3:65PM FROM P. 14 .r— r- r ., Side -Mounted Float Bracket for Pole Brackets or Railing Brackets Assembly of side -mounted float bracket: Soft through bracket Pole/Pile Bracket #300864 or #300858 to side of float at proper location. This must be done before deck is assembled to float. The boltstnuts to be used here are Assembly of pole or piling bracket on end of dock: %" -16x with two flat washers and nylok nut. The top is 1 tha Remove the two outside bolts that connect the spacer to deck HHCS V -16x. Bottom is 2". and float Push the bracket over the spacer and deck until mounting holes in bracket and spacer line up with deck and float. Rebolt the outside two assemblies using %0 -16 x WhIl 19, bolts, replacing 5%" Ig. To install the deck bracket. you must first push the bracket on the deck before the deck is assembled to float. After bracket is in proper location over deck and spacer, locate deck assembly on float. i 6 , i r • i r • Pi SuI'ERDECK° KARUnNG o,v. of �e.ra�ec,vr xvnricrar�e ..,- 7-1 -1 �-.-•, --I �-- ---- i r � `"Al i -j -- �� ---1 '--7 `� � -� --1 7 FOR •MAtK[T TO RAT A"*. SG: ORAMMO A). SG0411-A S/8-14%t X SWILO. MMCI (!) FIAT 1/ASMER A" lOCKWUl 1-T111ES (POsT TO s111fT ASStmy) �� HANDICAFPED RAMIG AKMs[R ASSEMBLY TO FLOAT OETAIL A. 11 1/4- S1d AUAL TUN ) B. (I 1/r so. Slat Tut[-aw.) 11M POST MAT[RWkL.- A. W So. AM. T1110 B. (2' M ST[tL ME -GAY.) ss_so sn Clow SECTION MATERIAL BPI S; RAIL DETAIL, HANDICAPPED A. ALUUM1aM — 6][1 EXAMPLE ONLY 1. CA1.7A>1R[7! sT[EL C. TAEAIED *04)P SUP "tell pARfcmmr NONE "..r Mrs..... tow .. n...aaro.u�.3007-0 m w V ' S■ I 5 (f 3m m BWK6.. U"Ol iaacr Drca&406 KAXAO MTOL .X 1. a.. ua1.- lV se. bf.lef L.rL TAVOWSS •o►.t Las.wwj ` `11% f f*No TUT r+AIM% t�00Tr .1YLr4 �/t, Tac• DOF(D ao%mo t r0 haT W1r[� (4� I•w.st Lw-wf f M f wT uwa.sll ([sty tor aosom (" marl~. RA LOX NOT pwar L MA w P" no Aws., TOMB 4&MWN of car re W sr ►wr. t OD% 4V h•fwm TN rl.r►. TVA4. L1.+Tr w COST ra at 44" L G..i. aacwoa nw jW r,s.w.us .r+.L Tr.W. L Syr" P"TI All 41542 `7! M+ w.rL I rt 6. sTT[Ms MI it,":•fZ a/ar. s�rF 31.0"A m Ap fto 6 bK3" m i .r•YLwt N"&*}►•M -+- .n..l AWCK I14AT.w.I fqA-b ••t`•=+d -1' • 3 .. :�R.... ;Y?..:�.t.,�• .• ' �: s:t�`:•.:%r:°i,•:. ... 'f' ; . i ��`f.': � '?4: r.. :•sv�i:. %' ;:::i'1•:f •.ti..'D% . .�;..; ... ,.r ;. ..;.:� �. „�,.:i .,y 'ai.s`.r;:r ..:5::[1 _% .vf :yti �,.,; •i'. - .. W �a "r w�•.�r w.�r� u�•���..r s�ar.Wl..� AMMAN .� (—air er.[ .w, �e 1� �R.. •'�®- . ���� f 17� . a • AM MM� ti�M h r►� ,rl• RI• A•'s al �1-..�. wwe u.� _ bra �/m 1 (,..r AWt �. Arm . 1 s M AAA~ am.Aw~ Are AI wW /s AWWRM dW A 00-Whr i .I aw.ws a„rc. W • A """ SPAM END MOUNT Hom 3/3-1e x � 1/1 lQ nnCS (SSA (2) nir* WASHERS t LOOMIT (2 EACM SIDE MOUNT 3/8-M x e c/2* UL HHM (SS) (2) FLAT WASHERS & U"NUT (S FACH) ASSEMBLY. POLE BRACKET "PERDECK WRNEr" I 'NI'y ROHE Kr DV •••�••� •�.J'•. ..4 . :.n`*'►�•. .•••.' �t .i: .•. •'.n ;.••�.. .ham. .,' \1V.i ;-. !,':�rJ'f..`.: .':: r.)�.iJ .+.,. 1. .. ... I Foot IaH WMI CURL-"" sai swim M w yr aawtoKu Oat � � � � t�' s/�a-u R r K+ (++/ tr) ae rUa t • LCCVM ( se:r To sarsoRT c4N"mT9.i FOtt WJW*Lyt tau -cm an son" sa VS -Ts x 1 1/1' M MU � (T) Me FM tvicertat T rwwa wr Mamma a L#CKRM a1J SECTION M "'`'F''"'°1'ei ri e'a '�ta) iA of easiaRs""�` l�sl I t IeCRAIH W PONOM SECTION BB efam pe Ur a< wn pp roa VN@M +/+' M M wnaw fM � u.a� �..U.•+a a a t/R' N� aea 4q t... .:A a! r K Fm Wf aN'aao4tT �oere saontie� i 3C4M SP.CC, 0 lee soMM[sTOR. sMou a/" Loam" A ►eR ne a To oeae) - a FUMTKO O6R /LSSEMaLY ha M tiasw pq va T X 1S PUUfORM SE.. CTIOTI CC rr.+•aaa. .a�T • Mua rre 01368g, Addendum #2 F City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 606-767-2167 ADDENDUM #2 ITB #13699 Canyon lakes Fishing Piers MAILED TO VENDOR: October 14,1996 Office of Purchasing CLOSE DATE: October 23,1996 @ 4:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (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. In the specifications and on the plans, all dimension references made to the width of the floating dock system has changed From: 5' 6" To: 6' 0" On the plans, Sheet 1 of 2, Concrete Abutment & Reinforcement, Section Detail #2, delete: 05' - 6" overall dimension" and replace with the following: "6' - 0" overall dimension" 3. On the plans, Sheet 1 of 2, Concrete Abutment & Walk Detail, all dimension references made to the width of the concrete abutment has changed From: 5' - 6" To: 6' - 0" 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 or Email to: LRitchie@mail.d.lubbock.tx.us THANK YOU, La Ritchie Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID 13699ad2doc Office of City of Lubbock Purchasing P.O. Box 2000 Lubbock, Texas 79457 BOB-767-2167 MAILED TO VENDOR: October 9, 1996 OLD CLOSE DATE: October 16, 1996 @ 2:00 P.M. NEW CLOSE DATE: October 23, 1996 @ 2:00 P.M. ITB #13699 - CANYON LAKES FISHING PIERS ADDENDUM #1 The following items take precedence over specifications for the above named ITB. Where any item t called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. In the specifications, SECTION 05 FLOATING DOCK, add the following information as Section E: "E. Anchorage Poles Contractor shall supply all structural anchorage poles. Anchorage poles shall be 2-7/8" outside diameter schedule 40 galvanized tubing with .203 min. wall thickness. Poles shall be driven min. 6-0" depth into solid lake bottom. Poles shall extend min. 160 above height of deck, and have pressed steel post caps 2. On the plans, Sheet 1 and 2, delete: "Anchor poles shall be driven min. 4'-0" into lake bottom and held in place with pile brackets attached to side of deck. 6 total (Typ.)" and replace with the following: "Anchor pole shall be driven min. 610" Into solid lake bottom and held in place with pile brackets attached to side of deck as per manufacturer recommendations." 3. In the specifications, SECTION 04 CONCRETE WORK, I Quality Control Testing During Construction, 7. Compressive Strength Tests, delete the following sentence: Testing shall be done by the contractor with on expense to the owner." and replace with the following: n9: "Testing shall be done by the contractor with no expense to the owner." 4. A preliminary copy of the assembly manual for the floating dock system described in SECTION 05 FLOATING DOCK, is available for the contractor to view in the Purchasing 1 Office, 1625 13th Street, Lubbock, Texas. iParcLM"=4-Ld" IW9191315 PM r ` 5. The cost of the floating dock system, which will be supplied by the City of Lubbock was $22,559.90. 6. On the plans, Sheet 1 of 2, Alternate #1 - Demolition Plan Fishing Pier#1, delete: "Remove (2) existing 6 x 6 wood piers and concrete footings at shore." and replace with the following: r" "Remove (4) existing 6 x 6 wood piers and concrete footings at shore." b. ` 7. On the plans, Sheet 1 of 2, Alternate #1 - Demolition Plan Fishing Pier #1, delete: "Remove (12) existing 6 x 6 wood piers max. 6" above lake bottom. Concrete footings not Included In this removal." and replace with the following: "Remove (10) existing 6 x 6 wood piers max. 6" above lake bottom. Concrete footings not Included in this removal." r8. The successful contractor shall coordinate a time with the City of Lubbock (Owner) to pick up and take delivery of tvw (2) floating dock systems which the City will store until such time at the following address: Parks Storage Building 1224 E. Broadway Lubbock,Texas 79404 The successful contractor shall take full responsibility of the floating dock system at such time from the owner. 9. Change the bid dosing from: October 15, 1996 2:00 P.M. to: October 23, 1996 2:00 P.M. All requests for additional information or clarification must be submitted in writing and directed to: Laura Ritchie Buyer City of Lubbock r P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806)767-2164 THANK YOU, LAURA RITCHIE BUYER PLEASE RETURN ONE COPY WITH YOUR BID. Ir x-Tnrd --d"ac 1".16 3W PM t rA CITY OF LUBBOCK INVITATION TO BID FOR TITLE: CANYON LAKES FISHING PIERS ADDRESS: LUBBOCK, TEXAS BID NUMBER: 13699 PROJECT NUMBER: 9276.9246 CONTRACT PREPARED BY: PURCHASING DEPARTMENT FJQ 71 7111, 1. $Fm 2. 3. r 4. f 5. 6. 7. .� 8. �.. 9. f 10. � 11. INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS SPECIAL CONDITION NOTICE TO BIDDERS NOTICE TO BIDDERS BID #13699 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 2:00 o'clock a.m. on the 15th day of October. 1996, or as changed by the issuance of formal addenda to all planholders, to r` furnish all labor and materials and perform all work for the construction of the following described project: ( "CANYON LAKES FISHING PIERS" r, 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 7th day of November. 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 r 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. elk Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. ri F 9 1 r 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 8th day of October, 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. CITY OF LUB CK VICTOR KIL 'N PURCHASING MANAGER Bid documents may be obtained upon request from the Purchasing Department t— a- 13th Street, Room L-04, Lubbock, Texas 79401; Telephone (806)767-2167/Fax (806)767-2164. I p, 7m i l rr r•* B 1 � too 4 G GENERAL INSTRUCTIONS TO BIDDERS E t k f 2. GENERAL INSTRUCTIONS TO BIDDERS SCOPE OF WORK The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the CANYON LAKES FISHING PIERS. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 3. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by �. the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. BIDDER INQUIRIES l 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 I 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 contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. r 6. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. I 0 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 r" 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 swom 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. k 13 14 15. 16. 17. r PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractors 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 fumish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractors expense. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractors responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the: blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of 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 Contractors intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 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 fumished 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. F The Contractor shall procure and cant' 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 coverage's shall be submitted prior to contract execution. The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. 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. F F F. r K01 21. 22. 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. PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. PREPARATION FOR BID The bidder shall submit his bid on forms fumished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, ;and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. Each bid shall be enclosed in a sealed envelope, addressed as specified In the Notice to Bidders, and endorsed on the outside of the envelope in the following manner. (a) Bidder's name (b) Bid for (description of the project). Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 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. (0 General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. 0) All other documents made available to bidder for his inspection In accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 19 23. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: 1. The ability, capacity, skill, and financial resources to perform the work or provide the service required. 2. The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. 3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder. 4. The quality of performance of previous contracts or services. re J a m D m 0 m 9 BID SUBMITTAL LUMP SUM BID CONTRACT PLACE: 1 i7 7 eq 4 A I DATE: /O - Z 3 - 5 1� ! PROJECT NUMBER: 13699 - CANYON LAKES FISHING PIERS Bid of L , 6.6 o c /2 t3 (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) r Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to fumish 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 7 work required under the contract documents. ' . BASE BID NO. 1: EARTHWORK AND GRADING Approved earthwork and grading. Shall include all cut and fill material (approximately 26 cu./yds. +/- cut, and 69 cu./yds. +/- fill), preparation, material, equipment, labor, tools, supervision, Incidentals, and barricades complete In place as shown on the plans or where directed by owner. jMATERIALS: D.. c /tca s.t�c� o r �i c%.a c� F �, �- �-- ($ ' 09 SERVICES: D ti %� ov �., �/ 3�,k t? cf ,� •`f •, r "`1-- ($ l , 1p o TOTAL BASE BID NO. 1:_e($ 3, /O O 7 t BASE BID NO.2: CONCRETE WORK 7 Furnish and install all concrete as shown on the plans and specifications (approximately 21 cuJyds. +/-), or where 4 directed by owner. Shall Include all preparation, material, equipment, labor, tools, supervision, Incidentals, and. rM barricades complete in place. F- MATERIALS: iT-vv 117 J ✓� .� a(• 'y4 /' Ci r-v c.- ($ ) SERVICES: r-ry 4 c%, t- ..o ($ % 2— TOTAL BASE BID NO. 2: T1r��s •-- �i Ave, BASE BID NO. 3: FLOATING DOCK Installation of two (2) owner supplied 302.5 sq./ft. floating dock systems to include: decking, gangways, perimeter handrailing, and hardware. Shall include all work as shown on the plans and in specifications, to include all equipment, labor, tools supervision, and Incidentals necessary for a proper and complete Installation. MATERIALS: el r } . t- ($ Sao • ) i SERVICES: ��'-v c,t /� �� �✓ wi�i lr o%c c� f- �! ($ %. i0U • ) TOTAL BASE BID NO. 3: ���y� f �av✓�.kd�� It--���cr�' - ($ t�; ��� ) r- TOTAL BASE BID: Items 1-3. Fumish, install, and perform all earthwork/grading, and concrete work. Install Two (2) r owner supplied 302.5 sq.ft. floating dock systems complete with decking, perimeter handrailing, and gangways. Shall include all work as shown on plans and in specifications, material, equipment, labor, tools, supervision, and incidentals necessary for a proper and complete installation. ac. MATERIALS: i�v.� �i r s ..�-c .'.' c C/ 7--Z"- SERVICES: �! (� �.✓ %1. ���,,� �� . cri LL,,, a�-C IzZ_($ %�y, 7� / ) TOTAL BASE BID ITEMS 1-3: 4 6 ► C 2- ALTERNATE BID NO. 1 (ADD): Demolitlon; Removal and legal disposal of two (2) existing wood fishing docks. (See Demolition Plan -Fishing Piers 01 and 02). Includes concrete footings as indicated, piers, joists, decking, fasteners, and 11 all obstructions as shown on the plans or where directed by owner. Shall include all preparation, material, equipment, labor, tools, supervision, incidentals, and barricades complete in place. r MATERIALS: %w ay/t cl + ^' ` ($ r SERVICES: �y �� ;�1✓✓sir �cl o;vc !r,-,. c/ c d �.,✓• (� e "'�---- ($`/Yy ) P � TOTAL ALTERNATE BID NO. 1 (ADD): ($ 3!O ) 7 (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 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 r thereafter as stipulated In the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $200.00 (TWO HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth In the general conditions of the !' contract documents. b Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with t instruction number 21 of the General Instructions to Bidders. t Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the 7 bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified In the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond Is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if 7 required) within (ten)10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond In the sum of S-�c� _ Dollars ($ J, which it Is agreed shall be collected and retained by the Owner as liqu dated 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 r- Owner within ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check p or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. utho ' ed Signature 74 (Printed or Typed Name) Company s-/z i gJ3 Address II__ L c/ & 6 lJG A— , L ✓ D {O UC /I City, County , -77elz y State Zip Code Telephone: Pv6 - 75�gg - 7vo- Fax: k06 - 7 y 9 ez ,—G (Seal if Bidder is a Corporation) ATTEST: 7 Secretary 7 r F COMMERCIAL INDEMNITY Insurance Company BID BOND BOND NUMBER BD30235 KNOW ALL MEN BY THESE PRESENTS: THAT LUBBOCK BUILDING SERVICE, P.O. BOX 65600-194, LUBBOCK, TEXAS 79464-5600 as Principal, and COMMERCIAL INDEMNITY INSURANCE COMPANY, as Surety, are held and firmly bound unto CITY OF LUBBOCK as Obligee, in the full and just sum of FIVE PERCENT (5%) OF THE AMOUNT BID lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal is hereby submitting its proposal for , CANYON LAKES FISHING PIERS, #13699. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS, SUCH, that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise, the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, seated and delivered OCTOBER 18, 1996. LUBBOr,K BUILDING SERVICES PRINCIP L By (SEAL) MM CIAL IN /I iTY INSURANCE COMPANY By t"4d (SEAL) SANDRA DENTON, TTORNEYdN-FACT ...... .......� ........... ... MEN UIRL �.0. Box-67 Tustin, Texas 78767INDEMNITY-INSURANCE CO. BD 30235 POWER OF ATTORNEY FCNOW ALL MEN BY THESE PRESENTS: .fiat the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 12th ,"lay of May, 1994, to wit: "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney- rn-Fact, such persons, firms, or corporations as may be selected from time to time. Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any r,e,rtificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity Insurance Company does hereby make, constitute and appoint: r JOHN W. SCHULER OR PAUL CAMERON OR RICHARD BAKER OR SEINDRA oENTON state of Texas its true and lawful attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: 71he obligation of the Company shall not exceed one million ($1,000,000.00) Dollars. ,And to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by he duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. FN WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused thesepresents to be signedby anyofficerof the Company and its Corporate Seal to be hereto affixed. �rw r SEAL Rudy Herzog, President i State of Texas F:ounty of Travis ran this 12th day of May, in the year 1996, before me Shannon McBride, a notary public, personally appeared Rudy Herzog, personally known ll to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged to me "hat the Corporation executed it. '� Y) e..• WY�O.ti01 r-ommission Expires 5-20-98 Shannon McBride, Notary Public CERTIFICATE { , the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked: Signed and Sealed at the said Company at Austin, Texas dated this 18TH day of OCTOBER , 19 96 x � +9 I(SFAL 1 Paul Cameron, Secretary r i COMMERCIAL INDEMNITY Insurance Company (formerly Commercial Lloyd's Insurance Company) IMPORTANT NOTICE To obtain information or make a complaint: You may contact Rudy Herzog, President of Operations, whose direct dial number is 612-444-7776. You may also fax us information at 512-440-0989. You may also call Commercial Indemnity Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-234-8046 You may also write to Commercial Indemnity Insurance Company: 1507 South IH-35, Austin, Texas 78741. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may also write the Texas Department of Insurance: P.O. Box 149104, Austin, Texas 78714-9104, Fax 512-475-1771. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part of condition of the attached document. lk LIST OF SUBCONTRACTORS Minority Owned Yes No 0 0 2. ❑ ❑ 3. ❑ 0 4. ❑ ❑ 5. 0 ❑ 6. 0 ❑ 7. 0 ❑ 8. 0 ❑ 10. 0 ❑ PAYMENT BOND BOND CHECK BEST RATING LICEN S_, DATE r Pd=#W(s). smd COMMERCIAL INDEMNITTINSURANCE COMPANY (Weinaft Called the Surety(:), W Suety(:).ate held and fi;zhaviWIM called the ObUWX In .* bomW onto the City of LubbockT I ftnmmzttcflWENTY SIX THOUSAND 7WENTY S (S 26, 026.0 9 1swW mane) of de United States fat ft a—b"n p0mcn: wkicat the said Principal and Surety bind themselves. and their heirs, admin mtorm. cm=or& moemom aid Lujp& jointly and severally. firmly by these pm=m WHOWAS, the Principal has entered into a certain written mnu= vAth the Ob ` day of - 19_26 —CANYON LAKES FISHING Pft�Wtbd 7TH NOVEMBER to, BID #13699 and said Principal under the law is retittired before commendng the work pmvided for in uld cenaw to ex=jte a bond in the amount of said contract which contract is hereby rdaTtd to and made a pan hereof as My and to the same awat as if Copied at length bertin. NOW, THMUMM nM CONDMON OF THIS OBLIGATION 13 SUCK that if the OW Principal shall W all cW=a= =Mbing Labor &W m,-t=i,, I to him or a t&coutrmor in the prosecution of tie vvork provided for in said ==ut, ibm this oblipn=shall bevoid; otberwintoremain infrill forceend effict PROVIDED, HOUSVEP, that this bond is ex=xW purmant to the provisions of Sawon W3.021 (a) at the Texas Government: Code. xvi all liabilities on this bond shall be determined In accordance with the Provisions of said Article to the uum cxteat as if it wmrcopiod at length berm IN wrrNESS WHMOF,:w :aid Principal (s) and Surety (s) have signed and sealed this imstrum= this 14TH Env NOVEMBER iq 96 COMMERCIAL INDEMNITY INSURANCE COMPANY LUBBOCK BUILDING SERVICES, INC. Pril f2y; iC AMERON tkl (TiL ,,ATTORNEY —IN —FACT Br.. Mee) F I ;ne undersigatd PUFM oeaVuY repsese= that it is duly qualiflad to do batism m Tear, and hereby DUB GOODWIN _ as agent resident in Lubbod Counryto whom hay requisite aotimay be dalh'eiod had an wham a niao of pro= may be bad in mattrn arising out of arch wtetyship. +� C:Q�AL CIINDEMNITY JS! �G(%P,NY Surety ` RW) PAUL CAI ' r.. ATTORNEY —IN .1 4caf bock Bnomey • Noce: If signed by an affm of the Safety Company there must be an Ale a atdW tasract flam the by-lasra showing that this person has authority to tip such obligation. If signed by an Attorney in Fahk ae mWA hM oopr of Fmer of attorney for oar $left r , I I � ' I: j � tt4 i NOU-21-1996 171.08 FROM TO 18067672164 P.02 F SURETY BOND REINSURANCE AGREEMENT Effective January 1,1996, the following reinsurers have contracted to cover each surety bond toss In excess of $100,000 up to $1,000.000. Coverage has been arranged through Bates Turner, Inc., Overland Park, Kansas. Each individual reinsuref participation is as follows: Laver -1 00,000 excess of $1,00,000 A.M. ES ' RA NG Navigators Insurance Company 25% A VII Republic Westem Insurance Company 60% A+ Vlll Ranger Insurance Company 25% A VII Second Laver - $50kQ00 excess df $ 0.000 A.M. BMTAAT1NiG Navigators Insurance Company 25% A VII Republic Western Insurance Company 50°% A+ VIII Ranger insurance Company 25% A )Al Richard H. Baker vice President TOTS P.02 ©mmereial Indemnity Insurance Company 1.0.Box67 ` BD30407 COMMERCIAL Austin, Texas 78767 NDEMNITX INSURANCE CO- POWER OF ATTORNEY r KNOW ALL MEN BY THESE PRESENTS: r;Mat the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having ts principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 12th day of May, 1994, to wit: 7'Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attomey- s-Fact, such persons, firms, or corporations as may be selected from time to time. r'8e It Further Resolved, that the signature of any offroer and the Sea] of the Company may be affixed to any such Power of Attorney or any sate relating thereto by facsimile, and any suA Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be valid rZnad binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity Insurance ompany does hereby make, constitute and appoint: JOHN W. SCHULER OR PAUL CAMERON OR RICHARDBAKER OR SANDRA DENTON State of Texas its true and lawful attorneys) -in -fact, with full power and authority hereby conferred in its name,placeand stead, to sign, execute, rwtcknowledge and deliver in its behalf, and its act and deed, as follows: The obligation of the Company shall not exceed one million ($1,000,000.00) Dollars. t7And to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officerof the Commercial Indemnity Insurance Company, and all the acts of said Attorney(s) pursuantto the authority herein .ven, are hereby ratified and confirmed. IN WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents tobc signed by any off iceroftheCompany roand its Corporate Seal to be hereto affixed. SEAL +�� 7state of Texas County of Travis ��A" Rudy Herzog, President 4 `On this 12th day of May, in the year 1996, before me Shannon McBride, a notary public, personally appeared Rudy Herzog, personally known rto me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged to me l that the Corporation executed it. f *" McBME MI1Y70IN$ Commission Expires 5-20-98 Shannon McBride, Notary Public 7CERTIFICATE I, the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power Er"of Attorney and Certificate of Authority. fehhai in full force and has not been revoked: Signed and Sealed at the said Company at Austin, Texas dated this 14TH day of NOVB'BE ,19 96 SEAL Paul Cameron, Secretary t r- COMMERCIAL INDEMNITY Insurance Compagy (formerly Commercial Lloyd's Insurance Company) IMPORTANT NOTICE To obtain information or make a complaint: You may contact Rudy Herzog, President of Operations, whose direct dial number Is 6124M-7776. You may also fax us information at 512-440-0989. You may also call Commercial Indemnity Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-234-8046 You may also write to Commercial Indemnity Insurance Company: 1507 South I1-1-35, Austin, Texas 78741. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-262-3439 You may also write the Texas Department of Insurance: P.O. Box 149104, Austin, Texas 78714-9104, Fax 512-475-1771. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part of condition of the attached document. i I r PERFORMANCE BOND F F r F STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars ($ ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of 19_, to and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent rr as if copied at length herein. 9: 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 I 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 By: rt„ (Title) Principal By: (Title) By: (Title) By: (Title) F r 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. r` Surety 'By: (Title) Approved as to Form City of Lubbock By: f 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. 1 t F r F � r F Fl, CERTIFICATE OF INSURANCE r r P. 1/1 G J 70 J„'��j+rl, ra'4 i;, •`:>t'SS •`%m••r � '•� A '.� P � Al Sff ,�. ¢� t..+ir a.-r a: n r':a .+•. .. ...... .. . r.w � r#J•if SY'p'�J f �j.q}.a yMypy} � >,.r -�.;� b � •XiF Al -�W �TE I�J�.+. ./ .y '�'!''"'y'.'Si .7.•�M ..:•x:��.h:vey>e+...«xw.:vw. y. •�. ..w .. .a. .s �+`Y...s+�rN�;..,c' �.>i'e+t'Fr-,{.y <:i; CERTIFICATE 13 ISSUED AS A UATT'ER OF INFORMATION j 19pslef-0lrsea IrtsuraslCs Alfeaoy ONLY ANO CONFERS NO RIGHTS UPON THE CER71FICATE � ISOS 82ad St serve a0rf0 HOLDER. THIS CE�NICAM ODES NOT Al 11 EXTEND Ow. Lubbock Tx 7942A•3900 compAwn AF DING Ann Cb►ruW A MARYLA ND INSURANCE CO. INURED LUBBOCK Bltfl o1N0 SiAVrCFi .�- �. WORK. CON51. MS. FOND JER RY &AEffR DBA P. O. N90Z 65600•fed cOwANY LUBBOCK 7X 79464 C =APAW c :4>wa;•ij•.inl.-.4ikMJ;yu '4:-g.. wM+i � '`IY,.°'.. tF erv-^.�,fii}.i aA .,t TAB bJ�Y,..$,• I, f skA„4' }hVk >. .1:<i:.i . .T' ''iii.�ii � ��+G4n'{:•:Rv.. � �':< SS *~ {{.a>�'sy��'' ��,•f�-; ,,pp*�' ^'�k'i�. �;: SR''..s..S:�t`.LS 1t Nt• W:.. 8,:>~:'::;� qa<:;'�"�., . �<. ,�.��'���, �«,Y� •, �''�ssa�' • ?!..�(i�'.r.�' � �}� �!'hs: r:TF.. A'1..w�•�.�'..>v:4PFf�l. .C'�'.:l''; •>�• ,•s.; ..�>., .L.w«:�:.. P.•, .. �f:.L:.. ,...��t•°.:'gaa . THIS IS TO CERTFY THAT THE POLICIES OF INSUVANCE LISTED BELOW HAVE EEEN 133VED TO THE INSURED NAMW ABOVE FOR TIME POLICY PERIM INDICATED, NOTNITASTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY OONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICK T41S CERTIROATE MAY 6E ISSUED OR MAY PERTAIN, THE INSURA!VCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL TKE TcERM& CLUSIONS AND CONDITION$ QF 'UCH • P3. LIMITS SHCEN MAY HAVE BEDJ REDUCED BY PAID CLAJMS. DO TIP; OF NBUw= I r3X.Y NUNEM �IANdfDD� PW. WIRAMO1 UMRS ON iENVA% LJXLRY &2216Y Nouns CG f 1.000,000 A x Cr s_A6 FOW ECA19959817 0910-5/96 09/03/97 GODLY %LW A30 1,000,000 P?MMr- SCF MTKW I PPAP✓:R7Y DAMAGE OCC ! 6 $00 000 x 9W4 a �uPSE HAWD PROPE", DAMAM AW t 300,000 PR07UCT Qm,JLCTCP OPEP III I 8f & PO =mnlO occ I 50,000 CONTRACTUAL ! u s PO off = 11 5 000 rm"'Eh V CONT cmns Ep=flk NJURAI1 Y 0 S Oii(,VA POFN ►ROPERTY vm-Am I PEMONAL *WrrY A AuvwosL E UASL RY iiA 4227619U OD/03/96 09/03/97 .=Y I,, U,Y I ANY AUTO .(Par parsecs ALL OWWD WTOS IPrkZM Pass: JJ w 60DLY MA1PV NA) ALL O"ED AUr05 IDts+al Mn Pfi�e Parignpsr', I r: t Y HAED ALM x NON-7ANED ARM PaDP6R1Y DAAdAraE ' i 8000 *"KY & PA.OPBITY DAAtAM Is 500,000 GAAAM LIeGL(IV i crm;N® A EOM LVZLrrY I, U102535254 OD/C3196 09/03197 EACH s 1,000,000 ! ACaMATE 1 000,000 x LI wJ A Pom A I i & ER THAW UWR " FORM + p ►V7XM 00h M4&TQN AND 1,3131035512 09/29/95 09/29/96 5TRn Y UmIn eAm AccceNr s 100.000 Lwainy i osm 4r • POLICY LIMIT s 500,000 'EM0.CYmLS THE PROPRETDRA MCL P� CFRCM AFe Rec—, ac . &%CS+ ELdPLOYEE s 100,000 A I TBD 12/01/96 i 03/01/47 26,060 DCSCMFnON OF 0MAnaYS ACATI04&VEHIG.ESSPEGAL ITENH job deecription: THE CONCRETE WORK FOR SIDEVALKS AND THE BUILDING OF PIERS ON LAND THEN FLOATED OUT ON HATER & TIED DOWN. CANYON LAY.E FISHING PIERS Q CANYON LAKE. A WAVIER OF SWROMgTION AND ADDIT70NAL NAMED INSURED IS SHOWN IN FAVOR OF THE CITY OF LLS70CK. y;z•ga;"."too'• '.':I' w�r�Y "': aM. 'Ill.� uY�2�s.}.Sw Y k. c •� Ot CF[w a' -:; �i t°.nfN3... %--2. e w'M <'Cl1t EE ,�. SHOULD AW OP THE AeOv: OMMM PaUC,tE9 BE CAN=LED a9-M 1He o RATOJ DATE THEIiIX F. RIB &WM COMPANY MALL M=AVOR TO W& CM OF LUBBOCK PURCNASMO DEPAIITgENT f0 DAYS >Irnf1T[1M NCTCF TO THE COMFIGA71i HIMDER LAMED TO THE L56T, P. O. BOx gaol IUT FA .JRF TO "L TUCK KOTICE SHALL I*= NO 05LWrON OR U43L71T LUBBOCK TX F*45T DP ANY MND U-CH THE CDMPW rTS AGEMT>; CA W"31U MM. ALITHI7RM XPAESENTAm1E Post4r Fax Note D°af a or D.1rj05 ,: lOKx X. CJLasOx v�h. :FS� N.�,'!•!A'sT.•.k-",•.L..:...•........... Y7671 _L ffC:i Q :x.a.4 :�..at ;irirY .A:"'7�F�" .'.�sr� 107 9 1Os _y..f I Ca. J _ . _ ::: � � :•4. ......: ::._..}•: :..;,:•::;:::..:' ''::},•:: ... .. ,: :•. ::?•:;•}}::.Y:.}:.:?;?•}:?;•Y:•#:.::.�:.�::.�:::<:.>:•:�:=<+•3•:;:ic:.:.�:}:..: DATEif MIDD/yy) �... .?:.. .... .. .}: .} :p.:: ... ..4. ... ..... .; ;. ,}...:i:?{?n;4}i•?+:.::.}y:.;r:{•v�::v.:T:i:Trii: iiii<: �:. ., :: �'�1,�t1 "® :.4.. +:• •: •:::4}}}}:L:L;•}:.}:•:•'..:}.:}'.�:i: i PRODIIM THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Butter -Carson Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4505 82nd St Suite #f0 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR COVERAGEALTER THE AFFORDED RY THE POLICIESBELOW, Lubbock TX 79424.5200 COMPANIES AFFORDING COVERAGE i COMPANY A MARYLAND INSURANCE CO. ' INSURED LUBBOCK BUILDING SERVICES COMPANY TX. WORK. COMP. INS. FUND g BERRY SMITH DBA P. O. BOX 65600.194 COMPANY LUBBOCK TX 78464 C COMPANY D 2+q�5�t�( } } .$,•:: fir::• ::..::..:.::: •:::::. � ,•{::.. . -014iYxil.�11'iES.::: n•.{•.x•.{:i::..........................+.vi•%•::::.:::.::::. �:.:::.{•.{ r..{..Sv::::::;:::::::::: }.w.S.2•.{..fi•#:::. �:::::::::. �:. �::.•:.b.i• .•:: kw::::::.: �::::::.. �: kfiv,.;:}.,.:.::::::.:::.w...:.v:4,.�.�•r.{+. n.................. �: }: }x�:::::. �:::.::::::.}: r}: %.$..l..:.9>.• 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. l TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE DATE (MM/DDNY) POLICY EXPIRATION DATE (MMIDDNY) LIMITS GENERAL LIABILITY BODILY INJURY OCC ; 1,000,000 A X COMPREHENSIVE FORM ECA19959817 09/03/96 09/03/97 BODILY INJURY AGO i 1,000,000 PROPERTY DAMAGE OCC $ 500,000 PFEMISESIOPERATIONS XUNDERGROUND PRCPERTY DAMAGE AGO = 500,000 EXPLOSION & COLLAPSE HAZARD BI d PD COMBINED OCC $ 50,000 PRODUCTSiCOMPLETED OPER BI 8, PD COMBINED AGO S 5,000 CONTRACTUAL PERSONAL INJURY AGO $ INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY A AUTOMOBILE LIABILITY ANY AUTO WAA22761986 09/03/96 09/03/97 BODILY INJURY (Per person) _ BODILY INJURY (Per sacidenq f ALL OWNED AUTOS (Private Pass) ALL OWNED AUTOS (Other then Private Passenger) X PROPERTY DAMAGE _ HIRED AUTOS NON -OWNED AUTOS X BODILY NAM & PROPERTY DAMAGE COMBINED S 500,000 GARAGE LMILITY A EXCESS LIABILITY USA82535254 09/03/96 09/03/97 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 X UMBRELLA FORM OTHER THAN UMBRELLA FORM $ B WORKERS COMPENSATION AND SBP1035512 09/29/95 09/29/96 STATUTORY LIMITS EACH ACCIDENT s 100,000 EMPLOYERS' LIABILITY DISEASE - POLICY LIMIT $ 500,000 THE PROPRIETOR/ INCL PARTNEASE(ECUTNE 100,000 OFFICERS ARE: E XCL DISEASE - EACH EMPLOYEE $ C OTHER TBD 12/01/96 12/01/97 26,060 DESCRIPTION OF OPERATIONSALOCAnONSNEHICLESSPECLAL ITEMS job description: THE CONCRETE WORK FOR SIDEWALKS AND THE BUILDING OF PIERS ON LAND THEN FLOATED OUT ON WATER 8 TIED DOWN. CANYON LAKE FISHING PIERS 9 CANYON LAKE. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF LUBBOCK EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAL PURCHASING DEPARTMENT f0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P. O. BOX 2000 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE OBLIGATION OR LIABILITY LUBBOCK TX 78457 OF ANY KIND UPON THE COMPANY, IT$/AORM 9R /f�/Q REPRESENTATIVES. AUTHORIZED REPRESENTATIVE JOHN S. CARSON ' 11/18/1996 8B:44 6067988256 LLBBOCK BLDG SVCS PAGE 88 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Appropriate Insurance Agent/Broker Prior to Award of Contract 1, the undersigned Agent/Broker, certifypt 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 thls contract by the City of Lubbock, I will be able to, within tan (10) days after being notried of such award by contractor, furnish a valid Insurance certificate to the City meeting aft of the requirements defined In this bid/proposal. John Carson Agen Signature) Agent (Print) Name of Agent/Broker. Butler Carson Insurance Agency Address of Agent/Broker: 4505-82nd Street, _suite 10 City/State/Zip: Lubbock, Texas 79424 798-7979 Agent/Broker Telephone Number. ( 806 ) Date; 11/19/96 CONTRACTOR'S NAME: Lubbock Building Services (Print or Type ) CONTRACTOR'S ADDRESS: P.O. Box 65600-194 Lubbock, Texas 79464 NOTE TO AGENTIBROKER 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 eoncernlng these requirements, please contact the Purchasing Manager for the City of Lubbock at (806)TU-2165. BID 013699 - CANYON LAKES FISHING PIERS CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the govemmental entity: A a certificate of coverage, prior to that person beginning work on the project, so the governmental O J 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; r (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: F r 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 C equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (I) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services.❑ It No Text is l CONTRACT r- STATE OF TEXAS 4 COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 7th day of November, 1996, by and between the City of r 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 Lubbock Building Services 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 r' CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID # 13699 - CANYON LAKES FISHING PIERS - $26,060.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, ,,.., insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. l AM Secrets APP ED AS TO CONTENT: Wyk�'Utk'u Owne s Pepresentative - •VED AS TQ FORK ATTEST: Corporate Secretary CITY OF LUBB CP�,44 WNER) By: MAYOR P *V ft) CONTRACTOR: LUBBO K BUILDING SERVICES By: PRINTED NAME:cTc TITLE: /'ie, . �•.". COMPLETE ADDRESS: Lubbock Building Services 5121 69th Lubbock,Texas 79424 . F 1. i r 4 , GENERAL CONDITIONS OF THE AGREEMENT F GENERAL CONDITIONS OF THE AGREEMENT r 1. OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 7 2. CONTRACTOR k Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be �r understood to mean the person, persons, co -partnership or corporation, to wit: LUBBOCK BUILDING I SERVICES who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE j 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 ENVIRONMENTAL PROJECT MANAGER 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 persons acting i' on behalf of the Contractor. 4. CONTRACT DOCUMENTS 17 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. 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR c The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. F 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, fumish 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 fumished 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 Owners Representative. The Owner's Representative will check the Contractors layout of all major structures and any other layout work done by the Contractor at Contractors 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 fumished 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 Owners 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 Contractors failure to perform the work in accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. 13. LINES AND GRADES All lines and grades shall be fumished by the Owners 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 Owners 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 Owners 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 Owners Representative at Contractors expense. r f 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 fumished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the 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 Contractoris essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. i1 Gi C 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be bome by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such worts 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 planned. 24. EXTRA WORK The term "extra work" as used In this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) percent. In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all r other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 25. DISCREPANCIES AND 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 character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its 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 Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his subcontractors. r 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 fumished to the City and written notice of t cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. rThe insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all 1 proof of coverage insurance documents including workers compensation coverage for each j subcontractor. 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. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. For bodily injuries, including accidental death and or property damage, $250,000 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $150,000 Combined Single Limit, to include all 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. ' The Contractor shall obtain a Builder's Risk policy in the amount of 0,04 of the tataI gn-Mran-i—ring (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. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000, Definitions: Certificate of coverage ("certificate') - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the govemmental 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 fumishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. r 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 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) (c) (d) F (e) 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; 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; 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; retain all required certificates of coverage on file for the duration of the project and for one year thereafter, F (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; F r F (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The 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 (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the contractor prior to that person beginning work on the project; 7 (III) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (iv) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 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 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. F F, 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patentor 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 r-• the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be r adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to 3 , be contrary to such laws, ordinances, rules and regulations, and without such notice: to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $200.00 (TWO HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic change and conditions and usual industrial conditions prevailing in this locality. t. 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 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 I The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and according to i this agreement, the attached specifications, plans, contract documents and requirements of Owner's �+ Representative. 141. 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. r 42. PARTIAL PAYMENTS r•• 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 e the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage due Contractor. 43. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. -� 44. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials fumished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the 31 st day after the date of certificate of completion, the balance due Contractor under the terms of this — agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for 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 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 i In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as 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 c; 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 fall to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated Into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the attached bid, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the _ Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 51. BONDS The successful bidder will be required to fumish 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. i F F CURRENT WAGE DETERMINATIONS F resotucion ;%o. Di.�i March 14, 1996 Item #19 I i. RESOLUTION WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public i works contracts for the City of Lubbock in accordance with the provisions of Vernon's { i Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February i; 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by j 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: I . � BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: i! 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. 11 ' I f Passed by the City Council this 14th ATTEST: 1 Betty M. Jdfinson, City Secretary APPROVED AS TO CONTENT: Mary AndrYws, Managing Director of Human Resources APPROVED AS TO FORM: i a old Willard, Assistant City Attorney HW:da/ccdocs/pubworks.res February 14. 1996 2 1996. milkiffm 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-PipingBoUer 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 *11:11:1 No i Paving and Highway Construction Prevailing Wage Rates craft Hourly 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 ?ITC Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. EXHIBIT D Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. r SPECIFICATIONS I F F Canyon Lakes Fishing Piers Parks Capital Project - 1996 Parks & Recreation Department City of Lubbock, Texas SECTION 01 SUMMARY OF WORK I. General A Scope of Project 1. Contractor shall perform all earthwork, concrete work, construction, and properly install two (2) 302.5 sq./ft. (owner supplied and contractor installed) floating dock systems complete with perimeter handrailing, and gangways. Bid shall include all work as shown on the plan and in specifications and shall include all material, equipment, labor, tools, supervision, and incidentals necessary for a proper and complete installation at Martin Luther King Blvd. and Canyon Lake Drive. 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. 2. 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. B. Work Included: 1. Section 02 - Product Substitution 2. Section 03 - Earthwork and Grading 3. Section 04 - Concrete Work 4. Section 05 - Floating Dock C. Additional Information 1. All information under General Instructions To Bidder, General Conditions of Agreement, and Special Conditions apply to this section. 2. Bidder shall be prepared to send owner a price breakdown of any and/or all items on which he has bid. Price breakdowns will only be requested after the bid opening has taken place. 3. These plans and specifications were prepared by the Parks Department (which shall be called Owner). Owner shall verify all construction stakes for locations of elements at project sites prior to any construction. H. Quality Assurance A. Contractors on Site Responsibilities 1. Contractor shall take all precautions necessary to protect remaining trees, utilities, etc., in the area where the work is being done or that may be located adjacent to or in -route across park property to the job site. The Contractor shall rebuild, restore, and make good at his own expense, all injury and damage to same which may result from work being carried out under this contract. 2. The Contractor and employees shall not park on unsurfaced park property and shall not drive vehicles across park land unless it is directly necessary to deliver materials to the job site. 3. The Contractor shall take all necessary precautions to insure the safety of any park visitors during the demolition, construction and clean-up operations. The Contractor shall maintain and keep in good repair the work intended under these Plans and Specifications and shall perform all necessary repair, construction, and renewal to the date of acceptance by Owner. 4. Any utility lines shown on plans are for design and construction information only. The depths of utility lines are not guaranteed. All underground lines are referenced from known surface structures. It is not implied that all existing public utility lines are shown on plan. Park utilities include irrigation systems, and park lighting, all others are public utilities. The Contractor's attention is directed to the fact that other underground utility lines may exist of which the Owner is not aware. The owner does not assume any responsibility for any public utilities that are not shown on plans. It is the Contractor's obligation to locate and familiarize himself with all utilities and to provide for their safety. Damage to utilities will be repaired at Contractor's Expense. Park development staff will assist in the design and relocation of utility lines. 5. Contractor shall be responsible for protection of unfinished work and shall be responsible for the safety of individuals 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. 6. The contractor shall be responsible for all damage to work due to the failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by the contractor at his own expense. The contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to contractor of City's certificate of acceptance of the project. F 7. Contractor shall be responsible for inspection of site, to verify all existing conditions. Contractor shall be responsible to fully and properly complete j' all work as described in the specifications and shown on plans. ll S. To furnish and supply all supervision, equipment, and labor necessary to perform excavation, grading, backfill, compaction, and stock piling of material as specified herein and on the plans. B. Product Delivery, Storage, and Handling 1. Protect all materials from inclement weather: wet, damp, extreme heat, or cold, theft, damage, or vandalism. 2. All manufacturer's labels, installation instructions, and shop drawings shall be in included for each item ordered. C. Equipment Check 1. The Contractor shall, one week after installation of equipment, check that all parts are secure and are in good working condition. D. Clean-up 1. Within three days after completion of site, the contractor shall clean, remove rubbish and temporary structures from the site. He shall restore adequately all property, to its original integrity both public and private, which has been damaged during the execution of work, and leave the entire site of the work in a neat and presentable condition. The cost of the "cleanup" shall be included as a part of the cost of the various items of work involved, and no direct compensation will be made for this work. This work shall be done before final acceptance by the owner will be considered. 2. Contractor shall clean up and haul off all construction debris, including r excavated rock material. Area shall be graded back into existing grade L smoothly. 3. All spare parts or other pieces of equipment shall be turned over to the Owner following completion of the project. E. Warranty 1. Contractor shall guarantee all labor, workmanship, and materials supplied by contractor for a period of one (1) year from date of acceptance. i 2. Repairs made necessary due to faulty workmanship shall be made promptly by Contractor at Contractor's expense. End -of -Section SECTION 02 PRODUCT SUBSTITUTION I. General A. Work Included: 1. Section 04 - Concrete Work 2. Section 05 - Floating Dock II. Substitutions A. Conditions for substitutions ("OR EQUAL") 1. 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: a. Product identification, including manufacturer's name, address, and product literature. b. Product description. c. Product performance and test date. d. Reference standards. e. Manufacturer instructions for maintenance and repairs. 2. Request for substitution should be included with the overall bid and will be considered before contract is awarded. 3. After contract is awarded, no substitutions will be considered. It will be Bidder/Contractor's responsibility to assure the availability of specified product or substitution before bid date. 4. Bidder shall provide the same guarantee for substitution as for product or method specified. 5. Bidder shall coordinate installation of accepted substitution into work, making such changes as may be required for work to be complete in all aspects. 6. Bidder shall waive all claims for additional costs related to substitution that consequently becomes apparent. 7. Bidder shall be prepared to send owner a price breakdown of any and/or all items on which he has bid. Price breakdowns will only be requested after the bid opening has taken place. B. Substitutions will not be considered if: 1. They are indicated or implied on shop drawings or project data submittals without being formally described in detail as to their differences from what was originally specified. 2. Acceptance will require substantial revision of the original layout of the project. F F F F SECTION 03 EARTHWORK AND GRADING I. General A_ Scope of Project: 1. The contractor shall furnish all topsoil, labor, material, tools, equipment, supervision, and incidentals necessary for a proper and complete installation required to complete the work described herein in strict accordance with the drawings and/or terms of the contract. B. Related Work Specified Elsewhere: 1. Section 01 - Summary of Work 2. Section 04 - Concrete Work 3. Section 05 - Floating Dock C. Additional Information: 1. All information under GENERAL CONDITIONS OF AGREEMENT, GENERAL INSTRUCTION TO BIDDER, and SPECIAL CONDITIONS, apply to this section. 2. The bid amount shall be total cost for work mentioned in the scope of work. H. Products A_ Material -Site Fill: 1. Fill material shall be free from trash, lumber, debris, roots over 1" in diameter, matted roots, rocks over 1 1/2" in diameter, highly plastic soils or other deleterious materials. B. Material - Top Soil: 1. Fill material, if necessary, shall be provided by Contractor. 2. Natural, fertile, friable soils possessing characteristics of soils in the vicinity which produce heavy growth of crops, grass or other vegetation. 3. Topsoil shall be free of subsoil, brush, organic litter, objectionable weeds, clods, shale, stones 3/4" dimension or larger, stumps, roots, or other materials harmful to grading, planting, plant growth, or maintenance operations. III. Execution A_ Protection: 1. Carefully maintain bench marks, layout stakes, and other reference points. 2. Protect property, including adjoining property and public right-of- way, from damage by trucks and equipment. 3. Protect active utilities to be retained on site, whether shown on drawing or uncovered during excavation operations. If damaged, repair at Contractor's expense. 4. Existing trees, roots, and plant material shall be protected from damage by trucks and equipment. 5. Keep excavations free of water. F 5 B. Site Preparation: 1. Strip existing top soil from areas affected. Stockpile on site for re -use. C. to 2. Contractor shall be responsible for removing unusable material from site. 3. All unstable or otherwise objectionable material shall be removed from the subgrade and replaced with approved material. 4. Burning and blasting on site shall not be permitted. Evacuation: 1. Excavate to bring areas to grade and subgrades indicated. Scarify excavated areas occurring under concrete to a depth of 6", then compact to required density. 2. Stockpile all excavated material on site; exact location to be approved by Owner. 3. Contractor to separate top soil and subsoil into two (2) piles. 4. Remove underground obstructions, where rock is encountered at subgrade, under cut minimum of IS" below and backfill with approved fill. Fill and Backfill: 1. Placing: Place material in loose, even successive lifts not to exceed the following depths: (if applicable). a. Fill below concrete slabs: Max. 8" high lifts to overall compacted depth as indicated on drawings. b. Site fill and backfill: Max. 12" high lifts. 2. Compaction: Thoroughly and evenly compact each lift to the following densities: a. Fill below concrete slabs: Not less than 95% standard density to at least four (4) feet outside of slab. b. Site fill: Not less than 90% standard density. 3. Test rolling will be accomplished with a 25 ton pneumatic tire roller or other pneumatic tire roller. Up to six passes of the roller may be required in deterring the condition of the subgrade. Any soft or unstable areas found by test rolling will be corrected by removing the soft or unstable material and replacing it with suitable soil compacted to specified density. The areas so corrected shall be test rolled as specified above. 4. Moisture Control: When moisture must be added prior to compaction, uniformly apply water to surface, but do not flood. Free water shall not appear on surface during or after compaction operations. Remove and replace, or scarify air-dry soil too wet to allow proper compaction. 6 F E E. Grading: (� 1. Uniformly grade areas, including adjacent transition areas to smooth surface at required grades and elevations. Adjust contours to eliminate water pending, and provide positive drainage. 2. Finish Grades Adjacent to Pavement: Cut or fill so that soil areas adjacent to concrete are 1 1/2" below new or existing concrete. Slope soil smoothly back to adjacent grade as shown on plans. 3. Preliminary Grading: Should allow for a minimum of 4" topsoil to be placed in all areas, which topsoil is needed to achieve a final desired grade. F. Finish Grading: 1. Fine grade areas to achieve final contours acceptable to Owner. 2. Provide uniform rounding at top and bottom of slopes and other breaks in grade. Correct irregularities and areas where water will stand. 3. Topsoil: a. Place topsoil to 4" depth over areas modified by work or this contract, which are not covered by buildings, walks, or paving. b. Uniformly distribute topsoil to required grades; feather back to where grades remain unchanged. c. Place and compact topsoil in manner conducive to the growth C and maintenance of plant material. d. Degree of finish shall be that ordinarily obtainable with blade or scraper operations. Remove rubbish, vegetation, and rocks over 3/4" diameter. Leave areas smooth and suitable for establishment of lawns and planting. Correct irregularities and areas where water will stand. ' G. Maintenance: 1. Before final acceptance, protect newly graded areas from traffic, construction, weather damage, washing, erosion and rutting, and repair such damage that occurs. 2. Correct settlement below established grades to prevent ponding of water 3. All excess material and waste to be removed from site, and work to be left in clean, finished conditions. H. Final Acceptance: 1. Site shall be thoroughly inspected by Owner prior to final acceptance. 2. Any areas needing further grading or other attention shall be completed to Owner's satisfaction. IV. SPECIFICATIONS FOR SUBSOIL PREPARATION (Where Topsoil shall be added. This specification applies where additional topsoil shall be placed over existing soil.) A. General: 1. The contractor shall furnish all topsoil, labor, material, tools, equipment, supervision, and incidentals necessary for a proper and complete installation required to complete the work described herein in strict accordance with the drawings and/or terms of the contract. B. Grading: 1. Grades on the areas to be topsoiled which have been previously established in conformance with the drawings and/or other applicable specifications shall be maintained in a true and even grade. C. Tilling: 1. After the areas to be topsoiled have been brought to grade, compacted where necessary and immediately prior to dumping and spreading the topsoil, the subgrade shall be loosened by disking or by scarifying to a -- depth of at least two inches to permit bonding of the topsoil to the subsoil. D. Acceptance: ^' 1. Acceptance shall be given by the owner upon satisfactory completion of each section or area as indicated on the drawings or as otherwise specified. V. SPECIFICATIONS FOR TOPSOIL MATERIAL AND APPLICATION Note: (Topsoil on the existing site may often be used, but it should meet the same standards as set forth in these specifications.) A. General: 1. The contractor shall furnish all topsoil, labor, material, tools, equipment, supervision, and incidentals necessary for a proper and complete installation required to complete the work described herein in strict accordance with the drawings and/or terms of the contract. _ B. Materials: 1. Topsoil shall be a loamy sand, sandy loam, clay loam, loam, silt loam, sandy clay loam or other soil approved by the architect. It shall not have a moisture of subsoil and contain no slag, cinders, stones, lumps of soil, sticks, roots, trash or other extraneous materials larger than 3/4 inches in diameter. Topsoil shall be free of viable plants or plant parts of common Bermuda- grass, quackgrass, johnsongrass, nutsedge, poison ivy, Canada thistle, or others as specified. All topsoil shall be tested by a reputable laboratory of pH and soluble salts. If not, the contractor shall assume full responsibility for any loss or damage to trees or turfgrass arising from pH and / or soluble salt problems a 1, C. Grading: 1. The topsoil shall be uniformly distributed on the designated area and shall be a minimum of four inches, six inches preferred, after firming. Additionally, some incorporation with subgrade is necessary to form a transition zone between the surface material and the subgrade. Grading shall result in a smooth surface. The surface shall be rolled to remove air pockets and provide a firm base for the sod. Any irregularities in the surface resulting from topsoiling or other operations shall be corrected in order to prevent the formation of depressions or water pockets. Topsoil shall not be placed while in a frozen or muddy condition, when the subgrade is excessively wet, or in a condition that may otherwise be detrimental to proper grading, or proposed for turfgrass sod installation. D. Clean Up: 1. After the topsoil has been spread and the final grades approved, it shall be cleared of all grade stakes, surface trash and other objects. Paved r areas over which hauling operations are conducted shall be kept clean, and any soil which may be brought upon the surfacing shall be promptly removed. The wheels of all vehicles shall be kept clean to r avoid tracking soil on the surfacing of roads, walks or other paved areas. VI. FINAL SOIL PREPARATION Note: (Specifications given in this section apply both to areas where topsoil has been added and to areas where soil from the existing site is used.) A General: 1. The contractor shall furnish all topsoil, labor, material, tools, equipment, supervision, and incidentals necessary for a proper and complete installation required to complete the work described herein in strict accordance with the drawings and/or terms of the contract. B. Materials: 1. (Non applicable) Soil tests shall be made to determine the exact requirements for any amendments. Soil tests shall be conducted by a reputable laboratory. a. Final Grading: Any undulations or irregularities in the surface resulting from tilling or other causes shall be smoothed otherwise, shall be reconstructed and all grades re-established by the contractor in accordance with the drawings and/or other applicable specifications. C. Clean Up: 1. The surface shall be cleared, to a depth of four inches, of all trash, debris, stones larger than 3/4 inches in diameter, and of all roots, brush, wire, grade stakes and other objects. D. Acceptance: 1. Acceptance shall be given by the owner upon satisfactor completion of each area as indicated on the drawings or as otherwise specified. SECTION 04 CONCRETE WORK I. General A Work Included: 1. Section 01 - Summary of Work 2. Section 02 - Product Substitution 3. Section 03 - Earthwork and Grading 4. Section 05 - Floating Dock B. Subgrade Preparation 1. Subgrade preparation to include removal, hauling, and disposal of all excavation of sub -soil, concrete, construction debris, unusable material, and any other obstructions shown on plans or as designated by Owner. C. Site Preparation 1. Contractor is responsible for layout of work based on plan dimensions, excavation, grading, leveling, and compaction of subgrade and fill material. 2. Owner will approve initial elevation of slabs for structures and contractor shall be responsible for all sidewalk grades. 3. Contractor shall verify work to Owner after subgrade preparation is completed prior to actual construction. D. Codes and Standards: 1. Comply with the provisions of the following codes, specifications and standards, except where more stringent requirements are shown or specified. 2. ACI 347 "Recommended Practice for Concrete Form Work." ACI 304 Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete." Concrete Reinforcing Steel Institute, "Manual of Standard Practice." 3. All handicap accessibility and ramps shall comply with current ADA guidelines and recommendations. E. Workmanship: 1. The Contractor is responsible for correction of concrete work which does not conform to the specified requirements, including strength, tolerances and finishes. Correct deficient _ concrete as directed by the Owner. 2. Contractor to have a minimum of 3 years experience in forming and pouring concrete of a similar nature and scope. -� 3. Concrete shall meet minimum strength specified on details. 4. Contractor shall, at Owner's request, submit proof or test data of concrete to be used. Contractor shall be responsible for type of concrete delivered by ready mix plant. 10 r II. Products A. Form Material: 1. Forms for Concrete: Unless otherwise shown or specified, construct all form work for concrete surfaces with plywood, metal, metal -framed, plywood -faced, or other acceptable panel -type materials, to provide continuous, straight, smooth, surfaces. Finish in largest practicable sizes to minimize number of joints, and to conform to joint system shown on drawings. Provide form material with sufficient thickness to withstand pressure of newly -placed concrete without bow or deflection. Forms used for this class of concrete shall be new or "good -as -new." 2. Use Plywood complying with U.S. Product Standard PS-1 "b B (Concrete Form) Plywood" Class 1, Exterior Grade or better, concrete - oiled and edge -sealed, with each piece bearing legible trademark of an approved inspection agency, unless otherwise acceptable to Owner. B. Reinforcing Materials: 1. Welded Wire Fabric: ANSVASTM A 615, with Supplementary Requirements (sl), and as follows: a. Provide Grade 60, except No. 3 ties and stirrups may be Grade 40. 2. Welded Wire Fabric: ANSI/ASTM A 185, welded steel wire fabric. 3. Supports for Reinforcement: Provide supports for reinforcement including bolsters, chairs, spacers and other devices for spacing, supporting and fastening reinforcing bars and welded wore fabric in place. Use wire bar type supports complying with CRSI, unless otherwise specified. Wood, brick and other devices will not be acceptable. a. For slabs -on -grade, use supports with sand plates for horizontal runners where wetted base materials will not support chair legs. b. For exposed -to -view concrete surfaces, where legs of supports are in contact with forms, provide supports with legs which are hot / dip galvanized, or plastic protected or stainless steel protected. C. Concrete Materials: 1. Portland Cement: ANSVASTM C 150, Type 1, with fibermesh, unless otherwise acceptable to Owner. 2. Portland Cement: ANSVASTM C 150, Type II, with fibermesh, unless otherwise acceptable to Owner. 3. Use only one brand of cement throughout the project, unless otherwise acceptable to Owner. 7 11 4. Aggregates: a. Clean, sharp, natural sand free from loam, clay, lumps or other deleterious substances. 1. Dune sand, bank -run sand, and manufactured sand are not acceptable. b. Coarse Aggregate: ANSI/ASTM C33. Clean, uncoated, processed aggregate containing no clay, mud, loam, or foreign matter as follows: 1. Crushed stone, processed form natural rock or stone. 2. Washed gravel, either natural or crushed. Use of pit or bank- run gravel is not permitted. 3. Provide aggregate from a single source for all exposed concrete. c. Maximum Aggregate Size: Not larger than one -fifth of the narrowest dimension between sides of forms, one-third of the depth of slabs, nor three -fourths of the minimum clear spacing between individual reinforcing bars or bundles of bars. d. These limitations may be waived, if in the judgment of the Owner, workability and methods of consolidation are such that concrete can be placed without honeycomb or voids. D. Water: Clean, fresh, drinkable. E. Air -Entraining Admixture: ANSI/ASTM C 260. F. Water -Reducing Admixture: ANSI/ASTM C 490, Type A, containing not more than 1% chloride ions. G. Set -Control Admixtures: ASST. C 494, as follows: Type B, Retarding. Type C, Accelerating. Type D, Water -reducing and Retarding. Type E, Water -reducing and Accelerating. 1. Calcium chloride will not be permitted in concrete, unless otherwise authorized in writing by Owner. H. Related Materials: 1. Expansion Joints: Redwood 1" x 4" select heart grade lumber as specified on detail. Joints of 12' or less shall be one continuous piece installed as shown on detail. 2. Preformed Expansion Joint Fillers: Pre -molded fiber fill expansion joint filler 1/2" wide and shall extend the full depth of the concrete as specified on detail. The top of the filler shall have a 1/8" radius; the top of 1/2" of the joint shall be filled with Urethane Sealant colored to match surrounding finish color. Joints of 12' or less shall be one continuous piece installed as shown on detail. 3. Absorptive Cover: Burlap cloth made from jute or kenaf, weighing approximately 9 oz. pr. sq. yd., complying with AASHO M 182, Class 3. 12 4. Moisture -Retaining Cover: One of the following, complying with ASTM C 171. Waterproof paper Polyethylene film Polyethylene -coated burlap I. Proportioning and Design of Mixers: 1. Exterior concrete shall contain six (6) sacks (564 lb.) of cement per cubic yard of concrete, 6% plus or minus 1% of entrained air, coarse aggregate 1" or smaller and shall be poured with a slump of 5" plus or minus 1" unless noted otherwise. I Admixtures: 1. Use air -entraining admixture in exterior exposed concrete, unless . . otherwise indicated. Add air -entraining admixture at the manufacture's prescribed rate to result in concrete at the point of placement having air { content within the following limits: a. Concrete structures and slabs exposed to freezing and thawing or subjected to hydraulic pressure: b. 6% for maximum 1" aggregate. 6% for maximum 3/4" aggregate. 2. Use admixtures for water -reducing and set -control in strict compliance with the manufacturer's directions. 3. Use amounts of admixtures as recommended by the manufacturer for climactic conditions prevailing at the time of placing. Adjust quantities and types of admixtures as required to maintain quality control. H. Slump Limits: 1. Proportion and design mixes to result in concrete slump at the point of placement as follows: a. Ramps and Sloping Surfaces: Not more than 3". t b. All Other Concrete: Not less than 1" and not more than 4". I. Concrete Mixing: 1. Ready -Mix Concrete: Comply with the requirements of ANSVASST. C 94, and as herein specified. 2. Delete the references for allowing additional water to be added to the batch for material with insufficient slump. Addition of water to the ` batch will not be permitted. 3. During hot weather, or under conditions contributing to rapid setting of concrete, a shorter mixing time than specified in ANSVASTM C 94 may be required. C4. When the air temperature is between 85 degrees F. and 90 degrees F. , reduce the mixing and delivery time from 1-1/2 hours to 75 minutes, and when the air temperature is above 90 degrees F. , reduce the �- mixing and delivery time to 60 minutes. I 13 M. Execution A Forms: 1. General a. Plan out the layout of formwork to allow for access to the inside of the playground for the concrete truck to reduce the impact on the site. The section will be formed and poured when the rest of the pour is finished. b. Design, erect, support, brace, and maintain formwork to support vertical and lateral loads that might be applied until such loads can be supported by the concrete structure. Construct form work so concrete members and structures are of correct size, shape, alignment, elevation and position. c. Design form work to be readily removable without impact, shock, or damage to cast -in -place concrete surface and adjacent materials. d. Forms shall not leak cement paste. e. Fabricate forms for easy removal without hammering or prying against the concrete surfaces. Provide crush plates or wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for inclined surfaces where slope is too steep to place concrete with bottom forms only. keep wood inserts for forming key ways, reglets, recesses and the like, to prevent swelling and for easy removal. e. Provide temporary openings where interior area of formwork is inaccessible for clean -out, for inspection before concrete placement, and for placement of concrete. Securely brace temporary openings and set tightly to form to prevent loss of concrete mortar. Locate temporary openings on forms at inconspicuous location. f. Chamfer exposed corners and edges as shown, using wood, metal, PVC or rubber chamfer strips fabricated to produce uniform smooth lines and tight edge joints. 2. Form Ties: a. Factory -fabricated, adjustable -length, removable, or snap off metal form ties, designed to prevent form deflection, and to prevent spalling concrete surfaces upon removal. b. Unless otherwise shown, provide ties to portion remaining within concrete after removal is at least 1 1/2" inside concrete. Unless otherwise shown, provide form ties which will not leave holes larger than 1" diameter in concrete surface. 14 3. Cleaning and Tightening: a. Thoroughly clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt or other debris t just before concrete is placed. b. Re -tighten forms after concrete placement if required to r eliminate mortar leaks. t B. Placing Reinforcing: 1. Comply with the specified codes and standards, and Concrete "Placing Reinforcing Steel Institute's recommended practice for Reinforcing Bars", for details and methods of reinforcement placement 2. and supports, and as herein specified. Clean reinforcement of loose rust and mill scale, earth, ice, and other materials which reduce or destroy bond with concrete. 3. Accurately position, support, and secure reinforcement against displacement by Form work, construction, or concrete placement operations. Locate and support reinforcing by metal chairs, runners, bolsters, spacers and hangers, as required. 4. Place reinforcement to obtain at least the minimum coverage for concrete protection. Arrange, space and securely tie bars and bar supports to hold reinforcement in position during concrete placement operations. Set wire ties so ends are directed into concrete, not toward exposed concrete surfaces. 5. Do not place reinforcing bars more than 2" beyond the last leg of continuous bar support. Do not use supports as bases for runways for concrete conveying equipment and similar construction loads. 6. Install welded wire fabric in as long lengths as practicable. Lap adjoining pieces at least one full mesh and lace splices with wire. Offset end laps in adjacent widths to prevent continuous laps in either direction. C. Joints: General 1. Construction Joints: Locate and install construction joints so as not to impair the strength and appearance of the structure, as acceptable to the Owner. a. Provide key ways at least 1 1/2" deep in all construction joints in walls, slabs and between walls and footings; acceptable bulkheads designed for this purpose may be used for slabs. b. Place construction joints perpendicular to the main reinforcement. Continue all reinforcement across construction joints. F F15 2. Control Joints: shall be used (in conjunction with expansion joints -see 3.3D) as specified on plans. Placement of control joints shall correspond to plans. Control joints shall be placed every four to eight feet in most cases but shall never be more than twenty feet apart in any direction. When possible, jointed panels shall be approximately square in shape. Control joints shall be continuous, not staggered or offset. Control joints shall be 1/2" wide and 3/4" deep, tooled or sawn in place. Tooled control joints shall have a 1/8" radius. 3. Isolation Joints in Slabs -on -Ground: Construct isolation joints in slabs on ground at all points of contact between slabs on ground and vertical surfaces, such as column pedestals, foundation walls, grade beams and elsewhere as indicated. 4. Expansion Joints: Provide Pre -molded joint filler or other specified material for expansion joints abutting concrete curbs, catch basins, manholes, inlets, structures, walks, and other fixed objects. a. Expansion joints shall be max. 20' o.c., unless otherwise shown. b. Extend joint fillers full -width and depth of joint, and not less than 1/2" or more than 1" below finished surface. Furnish joint filler in one-piece lengths for the full width being place, wherever possible. Where more than one length is required, place or clip joint filler section together. Form top edge of filler to conform to top profile of concrete. c. Protect the top edge of the joint filler during concrete placement with a metal cap or other temporary materials. Remove protection after both sides of joint are placed. d. Expansion joints shall be located at the intersections of all concrete elements and at max. 30' in sidewalks or every 15' to 20' each way in larger areas. Expansion joints shall be 1/2" wide and contain a 1/2" premolded fiberfill expansion joint filler. The top of the joint shall have a 1/8" radius; the top 1/2" of the joint shall be filled with a gray colored urethane sealant. 5. Edge Forms and Screed Strips for Slabs: Set edge forms for bulkheads and intermediate screed strips for slabs to obtain the required elevations and contours in the finished slab surface. Provide and secure units sufficiently strong to support the types of screeds required. Align the concrete surface to the elevation of the screed strips by the use of strike -off templates or accepted compacting type screeds. 6. Preparation of Form Surfaces: Coat the contact surfaces of forms with a form -coating compound before reinforcement is placed. Provide commercial formulation form -coating compounds that will not bond with, stain nor adversely affect concrete surfaces, and will not impair subsequent treatment of concrete surfaces requiring bond or adhesion, nor impede wetting of surfaces to be cured with water or curing compounds. 16 F r Thin form -coating compounds only with thinning agent of type, and in amount, and under conditions of the form -coating compound manufacturer's directions. Do not allow excess form -coating material to accumulate in the forms or to come into contact with concrete surfaces against which fresh concrete will be placed. Apply in compliance with manufacturer's instructions. D. Concrete Placement: 1. General: a. Comply with ACI 614, and as herein specified. b. Deposit concrete continuously or in layers of such thickness that no concrete will be placed on concrete which has hardened sufficiently to cause the formation of seams or planes of weakness within the section. If a section cannot be placed continuously, provide construction joints as herein specified. c. Deposit concrete as nearly as practicable to its final location to avoid segregation due to re -handling or flowing. 2. Pre -Placement Inspection: a. Before placing concrete, inspect and complete the Formwork installation, reinforcing steel, and items to be embedded or cast -in. b. Thoroughly wet wood forms immediately before placing concrete, as required where form coatings are not used. 3. Placing Concrete in Forms: a. Deposit concrete in forms in horizontal layers not deeper than 18" and in a manner to avoid inclined construction joints. b. Consolidate placed concrete by mechanical vibrating equipment supplemented by hand -spading, rodding or tamping. Use vibrators designed to operate with vibratory element submerged in concrete, maintaining a speed of not less than 6000 impulses per minute. c. Do not use vibrators to transport concrete inside of forms. Insert and withdraw vibrators vertically at uniformly spaced locations not farther than the visible effectiveness of the machine. Do not insert vibrators into lower layers of concrete that have begun to set. At each insertion limit the duration of vibration to the time necessary to consolidate the concrete and complete embodiment of reinforcement and other embedded items without causing segregation of the mix. F 17 4. Placing Concrete Slabs: a. Deposit and consolidate concrete slabs in a continuous operation, within the limits of construction joints, until the placing of a panel or section is completed. b. Consolidate concrete during placing operations so that concrete is thoroughly worked around reinforcement and other embedded items and into corners. c. Bring slab surfaces to the correct level with a straightedge and strike off. Use bull floats or Darbies to smooth the surface, leaving it free of humps or hollows. Do not sprinkle water on the plastic surface. No not disturb the slab surfaces prior to beginning finishing operations. d. Maintain reinforcing in the proper position during concrete placement operations. E. Finish of Formed Surfaces: 1. Finishing Procedures: a. After striking -off and consolidating concrete, smooth the surface by screeding and floating. Do not use "Jitterbugs", except on accessible ramp surface. Use hand methods only where mechanical floating is not possible. Adjust the floating to compact the surface and produce a uniform mixture. b. After floating, test surface for trueness with a 10" straightedge. Distribute concrete as required to remove surface irregularities, and refloat repaired areas to provide a continuous, smoother finish. c. Work edges of slabs, gutters, back top edge of curb, and formed joints with an edging tool, and round to 1/2" radius, unless otherwise shown. Eliminate any tool marks on concrete surface. d. After completion of floating and excess moisture or surface sheen has disappeared complete, surface finishing as follows: 2. Broom Finish: a. Broom finish, by lightly drawing a fine broom across concrete surface. Repeat operation if required to provide a fine line texture acceptable to the Owner. b. On inclining slab surfaces, provide a coarse, non -slip finish by scoring surface with a stiff -bristled broom. is 0 F. Concrete Curing and Protection: 1. General: Contractor shall be responsible for the protection of uncured concrete. Contractor shall allow no stray marking or footprints to be placed in the uncured concrete. Protect freshly placed concrete from premature drying and excessive cold or hot temperature, and maintain without drying at a relatively constant temperature for a period of time necessary for hydration of cement and proper hardening. a. Start initial curing application as soon as free water has disappeared from concrete surface after placing and finishing. Weather permitting, keep continuously moist for not less than 72 hours. b. Begin final curing procedures immediately following initial curing and before concrete has dried. Continue final curing for at least 168 cumulative hours (not necessarily consecutive) during which concrete has been exposed to air temperatures above 50 degrees F. Avoid rapid drying at end of final curing (' period. j 2. Curing Methods: Perform curing of concrete by moist curing or by moisture retaining cover curing or by combinations thereof as herein specified. a. Provide moisture curing by following methods: b. Keep concrete surface continuously wet by covering with water. Continuously water -fog spray. c. Covering concrete surface with specified absorptive cover, thoroughly saturating cover with water and keeping p- continuously wet. Place absorptive cover to provide coverage of concrete surfaces and edges, with 4" lap over adjacent absorptive covers. d. Provide moisture -cover curing as follows: Covering concrete surfaces with moisture -retaining cover for curing concrete, placed in widest practicable width with sides and ends lapped at least 3" and sealed by water proof tape or adhesive. Immediately repair any holes or tears during curing period using cover materials and waterproof tape. 3. Curing Formed Surfaces: Cure formed concrete surfaces, including undersides of beams, supported slabs and other similar surfaces, by moist curing with forms in place for full curing period, or until forms are removed. If forms are removed, continue curing by methods specified above, as applicable. F 1 19 4. Curing Unformed Surfaces: Initially cure unformed surfaces, such as slabs, floor topping, and other flat surfaces by moist curing. a. Final cure unformed surfaces, unless otherwise specified, by methods specified above, as applicable. b. Final cure concrete surfaces to receive liquid floor hardener or finish flooring by use of moisture -retaining cover, unless otherwise directed G. Miscellaneous Concrete Items: 1. Filling -In: Fill- in holes and openings left in concrete structures for passage of work by other trades, unless otherwise shown or directed, after work of other trades is in place. Mix, place and cure concrete as herein specified, to blend with in -place construction. Provide other miscellaneous concrete filling shown or required to complete work. 2. Curbs: Provide monolithic finish to interior curbs by stripping forms while concrete is still green and steel -troweling surfaces to a hard, dense finish with corners, intersections, and termination's slightly rounded. 3. Sleeves: Provide sleeves where need for poles within concrete pad for underground service elements as shown on plan. Sleeves shall be 4" PVC Schedule 40 pipe or as specified on plans, and have 4" of cover minimum. These sleeves shall be made aware to owner upon completion. H. Concrete Surface Repairs: 1. Patching Defective Areas: Repair and patch defective areas with cement mortar immediately after removal of forms, but only when acceptable to Owner. 2. Cut out honeycomb, rock pockets, voids over 1/4" in any dimension, and holes left by tie rods and bolts, down to solid concrete but, in no case to a depth of less than 1". Make edges of cuts perpendicular to the concrete surface. Before placing cement mortar or proprietary patching compound, thoroughly clean, dampen with water and brush - coat the area to be patched with neat cement grout, or proprietary bonding agent. 3. For exposed -to -view surfaces, blend white portland cement and standard portland cement so that, when dry, patching mortar will match color surrounding. Provide test areas at inconspicuous location to verify mixture and color match before proceeding with patching. Compact mortar in place and strike -off slightly higher than surrounding surface. 20 F 4. Repair of Formed Surfaces: Remove and replace concrete having defective surfaces if defects cannot be repaired to satisfaction of Owner. Surface defects, as such, include color and texture irregularities, cracks, spalls, air bubbles, honeycomb, rock pockets, fins and other projections on surface, and stains and other discoloration's that cannot be removed by cleaning. Flush out form ties holes, fill with dry pack mortar, or precast cement cone plugs secured in place with bonding agent. 5 Repair finished unformed surfaces that contain defects with adversely affect durability of concrete. Surface defects, as such, include crazing, cracks in excess of 0.01" wide or which penetrate to reinforcement or completely through non -reinforced sections regardless of width, spalling, pop -outs, honeycomb, rock pockets, and other objectionable 6. conditions. Correct high areas in unformed surfaces by grinding, after concrete has cured at least 14 days. 7. Correct low areas in unformed surfaces during, or immediately after completion of surface finishing operations by cutting out low areas and replacing with fresh concrete. Finish repaired areas to blend into �^- adjacent concrete. Proprietary patching compounds may be used when acceptable to Owners. S. Repair defective areas, except random cracks and single holes not exceeding 1" diameter, by cutting out and replacing with fresh C : concrete. Remove defective areas to sound concrete with clean, square cuts and expose reinforcing steel with at least 3/4" clearance all around. Dampen concrete surfaces in contact with patching concrete, and brush with a neat cement grout coating or concrete bonding agent. Mix patching concrete of same materials to provide concrete of the same type or class as original concrete. Place, compact and finish to blend ll with adjacent finished concrete. Cure in the same manner as adjacent concrete. 9 Repair isolated random cracks and single holes not over 1" in diameter by dry -pack method. Groove top of cracks and cut-out holes to sound concrete and clean of dust, dirt and loose particles. Dampen cleaned concrete surfaces and brush with neat cement grout coating or concrete bonding agent. Mix dry -pack, consisting of one part portland cement to 2-1/2 parts fine aggregate passing a No. 16 mesh sieve, using only enough water as required for handling and placing. Compact dry -pack mixture in place and finish to match adjacent concrete. Keep patched area continuously moist for not less than 72 hours. a. Use epoxy -based mortar for structural repairs, where directed by Owner. b. Repair methods not specified above may be used, subject to acceptance of Owner. F 7, 21 I. Quality Control Testing During Construction: L. Sampling and testing for quality control during the placement of concrete may include the following, as directed by the Owner: 2. Sampling Fresh Concrete: ASTM C 172, except modified for slump to comply with ASTM C 94. 3. Slump: ASTM C 143; one test for concrete load at point of discharge; and one test for each set of compressive strength test specimens. 4. Air Content: ASTM C 173, volumetric method for lightweight concrete; ASTM C 231 pressure for normal weight concrete; one for each set of compressive strength test specimens. 5. Concrete Temperature: Test hourly when air temperature is 40 deg. F. and below, and when 80 degrees F. and above; and each time a set of compression test specimens is made. 6. Compression Test Specimen: ASST. C 31; one set of 6 standard cylinders for each compressive strength test, unless otherwise directed. Mold, label, and store cylinders (do not leave on site) for laboratory cured test specimens except when field -cure test specimens are required. 7. Compressive Strength Tests: ASST. C 39; one set for each 100 cu. yd. or fraction thereof, of each concrete class placed in any one day or for each 5,000 sq. ft. of surface area place; 2 specimens tested at 7 days, 3 specimens tested at 28 days, and one specimen retained in reserve for later testing if required. Testing will be done by the contractor with on expense to the owner. a. When the frequency of testing will provide less than 5 strength test for a given class of concrete, conduct testing from at least 5 randomly selected batches, or from each batch if fewer than 5 are used. b. When the total quantity of a given class of concrete is less than 50 cu. yd., the strength test may be waived by the Owner if, in his judgment, adequate evidence of satisfactory strength is provided. c. When the strength of field -cured cylinders is less than 85% of companion laboratory -cured cylinders, evaluate current operations and provide corrective procedures for protecting and curing the in -place concrete. 22 F FSECTION 05 FLOATING DOCK I. General A. Scope of Project: 1. Owner shall furnish and supply two (2) 302.5 sq./ft. floating dock systems complete with gangways, perimeter handrailing, hardware, and manufacturer's instructions and recommendation for installation.The contractor shall furnish all labor, tools, equipment, supervision, and incidentals necessary for a proper and complete installation as required to complete the work described herein in strict accordance with the drawings and/or terms of the contract. B. Related Work Specified Elsewhere: 1. Section 01 - Summary of Work 2. Section 03 - Earthwork and Grading 3. Section 04 - Concrete Work C. Additional Information: 1. All information under GENERAL CONDITIONS OF AGREEMENT, GENERAL INSTRUCTION TO BIDDER, and SPECIAL CONDITIONS, apply to this section. 2. The bid amount shall be total cost for work mentioned in the scope of work. D. Installation: 1. The successful contractor shall be given a full set of manufacturer plans, instructions, and recommendations for dock installation. 2. The floating dock system supplied by the owner shall be manufactured by: ll Superdeck Marketing 7753 Beech St., N.E. Minneapolis, Minnesota 55432 1-800-328-0426 I 23 is SECTION 06 ALTERNATE #1 DEMOLITION I. General A Scope of Project: 1. The contractor shall remove, haul, and legally dispose of all obstructions as shown on the plans or as designated by the owner. B. Additional Information: 1. All information under GENERAL CONDITIONS OF AGREEMENT, GENERAL INSTRUCTION TO BIDDER, and SPECIAL CONDITIONS, apply to this section. 2. The bid amount shall be for total cost of work. H. Quality Assurance A Contractors on Site Responsibilities: 1. Contractor shall take all precautions necessary to protect utilities, trees, etc., in the area where the work is being done or that may be located adjacent to or in -route across park property to the job site. The Contractor shall rebuild, restore, and make good at his own expense, all injury and damage to same which may result from work being carried out under this contract. 2. The Contractor and employees shall not park on unsurfaced park property and shall not drive vehicles across park land unless it is directly necessary. 3. The Contractor shall take all necessary precautions to insure the safety of any park visitors during demolition operations. The Contractor shall maintain and keep in good repair the work intended under these Plans and Specifications and shall perform all demolition, and if necessary repair to the date of acceptance by Owner. 4. Any utilities shown on plans are for design and construction information only. The depth of utilities are not guaranteed. All underground lines are referenced from known surface structures. It is not implied that all existing public utility lines are shown on plan. Park utilities include irrigation systems, and park lighting, all others are public utilities. The Contractor's attention is directed to the fact that other underground utility lines may exist of which the Owner is not aware. The owner does not assume any responsibility for any public utilities that are not shown on plans. It is the Contractor's obligation to locate and familiarize himself with all utilities and to provide for their safety. Damage to utilities will be repaired at Contractor's Expense. Park development staff will assist in the design and relocation of utility lines. 24 l 5. Contractor shall be responsible for protection of unfinished work and shall be responsible for the safety of individuals 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. 6. The contractor shall be responsible for all damage to work due to the failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by the contractor at his own expense. The contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to contractor of City's certificate of acceptance of the project. 7. Contractor shall be 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. 8. To furnish and supply all supervision, equipment, and labor necessary to perform all demolition as specified herein and on the plans. IL Execution A Protection: r 1. Carefully maintain bench marks, layout stakes, and other reference points. 2. Protect property, including adjoining property and public right-of- way, from damage by trucks and equipment. 3. Protect active utilities to be retained on site, whether shown on drawing or uncovered during excavation operations. If damaged, repair at Contractor's expense. 4. Protect Existing trees to be retained from damage by trucks and equipment. 5. Keep excavations free of water. 6. Demolition debris shall be removed from the site prior to commencement of construction work B. Demolition & Site Preparation: 1. Clearing a. Remove two (2) entire existing wood docks, including all 6 X 6 piers, 2 X 12 Joists, 2 X 8 decking, hardware, fasteners, and concrete as indicated for both. The material shall be legally disposed of at an approved location that is not objectionable to the public. b. Remove existing wood piers maximum 6" above concrete footings where shown on plans. c. Remove trash, debris, and other obstructions found at or near existing grade from areas of proposed structures, walks, curbs, and paving. 25 d. Contractor shall be responsible for removal, hauling, and disposal of all debris and unusable material from proposed construction and demolition areas as shown on plans and in specifications. Owner shall retain the right to any existing materials deemed to have value. e. All unstable or otherwise objectionable material shall be removed from the subgrade and replaced with approved material. f. Strip existing top soil from areas effected. Stockpile on site for re- use. 2. Grubbing (if applicable) a. Remove stumps, roots over 2" in diameter, matted roots and other obstructions found at or below existing grade from cleared areas. b. Remove waste material daily as it accumulates. c. Comply with applicable codes and ordinances regarding waste transportation and disposal. d. Burning and blasting on site will not be permitted. C. Acceptance: 1. Final acceptance a. Site shall be thoroughly inspected by Owner prior to final acceptance. b. Acceptance shall be given by the owner upon satisfactory completion of work as indicated on the drawings or as otherwise specified. c. Any areas needing further attention shall be completed to Owner's satisfaction. End -of -Section 26