HomeMy WebLinkAboutResolution - 2000-R0302 - Contract- Lubbock Building Services Inc.- Carlisle Park ADA Renovations, Phase I - 08/24/2000Resolution No. 2000-RO302
August 24, 2000
Iteffi No. 59
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a contract for materials and
services for Carlisle Park ADA Renovations (Phase 1), by and between the City of
Lubbock and Lubbock Building Services, Inc., of Lubbock, Texas, and related
documents. Said contract is attached hereto and incorporated in this resolution as if fully
set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this
ATTEST:
24th day of August , 2000.
WINDY S O
2�?
KaytA Darnell, City Secretary 6-1 (� . r")C
CTI
APPROVED AS TO CONTENT:
Victor Kilman, urchasing Manager
APPROVED AS TO FORM:
IV<�04� 4 1pt�
William de Haas
Competition and Contracts Manager/Attorney
gs:ccdocsCarl is1cParkADARenovations.res/
August 15, 2000
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 24" day of August, 2000 by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so,
hereinafter referred to as OWNER, and Lubbock Building Services Inc. of the City of Lubbock, County of Lubbock and the
State of Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
BID #00-191 - CARLISLE PARK ADA RENOVATIONS (PHASE 1) - $107,510.00
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.
ATTEST
APPROVED AS TO CONTENT:
Owner' Representative
APPROVED AS TO FORM:
City Attorney
ATTEST:
gO
orate Secretaryl'Y'I
• /::• •MAI
CONTRACTOR:
By:
PRINTED NAME:
TITLE: Pr i� r11y
COMPLETE ADDRESS:
Lubbock Building Services, Inc.
14302 S. Slide Road
Lubbock, Texas 79424
�j,, -,� j oho
BOND CHECK
BEST RATING t
LICENSEDJN TEXAS
DATE- 48y
CITY -OF LUBBOCK
SPECIFICATIONS FOR
CARLISLE PARK ADA RENOVATIONS (PHASE 1)
BID #00-191
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♦ � Y O
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CITY OF LUBBOCK
Lubbock, Texas
ITB #00-191, Addendum #1
City of Lubbock
PURCHASING DEPARTMENT
ROOM L04, MUNICIPAL BUILDING
1625 13T" STREET
LUBBOCK, TEXAS 79401
PH: (806)775-2167 FAX: (806)775-2164
hftp://purchasing.ci.lubbock.tx.us
ADDENDUM #1
ITB #00-191
Carlisle Park ADA Renovations -
Phase 1
MAILED TO VENDOR: August 3, 2000
CLOSE DATE: August 10, 2000 @ 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 Drawings, Sheet 6, substitute the accompanying detail, Single Table Plan, on Sheet AD-1 for
the plan as originally shown.
.All requests for additional information or clarification must be submitted in writing and directed to:
Ron Shuffield, Senior Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Questions may be faxed to:
or Email to:
00-191 add 1
(806)775-2164
Rshuffield@mail.ci.lubbock.tx.us
THANK YOU,
CITY OF LUBBOCK
Ron Shuffield
Senior Buyer
PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID.
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No Text
CITY OF LUBBOCK
INVITATION TO BID
FOR
TITLE: CARLISLE PARK ADA RENOVATIONS (PHASE 1)
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 00-191
PROJECT NUMBER: 9143.8304
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
INDEX
1. NOTICE TO BIDDERS
2. GENERAL INSTRUCTIONS TO BIDDERS
3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
4. PAYMENT BOND
5. PERFORMANCE BOND
6. CERTIFICATE OF INSURANCE
7. CONTRACT
8. GENERAL CONDITIONS OF THE AGREEMENT
9. CURRENT WAGE DETERMINATIONS
10. SPECIFICATIONS
No Text
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GENERAL INSTRUCTIONS TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project in accordance with contract documents for the CARLISLE PARK ADA RENOVATIONS
PHASEI.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General
Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the
construction of this project and shall be responsible for the satisfactory completion of all work contemplated by
said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by
the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without
charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice
to Bidders.
4. BIDDER INQUIRIES
No bidder shall request any information verbally. All written requests for additional information or clarification
concerning this bid must be addressed to:
RON SHUFFIELD
SENIOR BUYER
CITY OF LUBBOCK
P.O. BOX 2000
LUBBOCK, TX 79457
FAX (806) 775-2164
Email: RShuffield@mail.ci.lubbock.tx.us
5. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within NINETY (90) 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.
6. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
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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.
MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will
be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve
the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until
incorporated into the project. The presence or absence of a representative of the City on the site will not relieve
the Contractor of full responsibility of complying with this provision. The specifications for materials and methods
set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to
procure a satisfactory project.
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).
Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants
fault -free performance and fault -free result in the processing date and date -related data (including, but not limited
to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services
provided under this Contract, individually or in combination, as the case may be from the effective date of this
Contract. Also, the Contractor warrants the year 2000 calculations will be recognized and accommodated and will
not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may
require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all
the obligations contained herein.
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The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or
any third party involved in the creation or development of the products and services to be delivered to the City of
Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City
of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its
right pertaining to termination or default.
The warranties contained herein are separate and discrete from any other warranties specified in this Contract,
and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability t
which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated
in this Contract by reference.
10. PLANS FOR THE CONTRACTOR
i
The contractor will be furnished one set of plans and specifications, and related contract documents for his use
during construction. Plans and specifications for use during construction will only be furnished directly to the
Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or
others, as required for proper prosecution of the work contemplated by the Contractor. '
11. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,
supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any
and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the
date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have
been opened and before the contract has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the intended contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
12. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of
Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials
to be incorporated into the work without paying the tax at the time of purchase.
13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a
way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
other underground structures which might or could be damaged by Contractor during the construction of the
project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the
location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve
the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by
Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by
Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense.
14. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals,
and shall take such other precautionary measures for the protection of persons, property and the work as may be
necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs,
and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and
replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of
barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
acceptance of the project.
15. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from
the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume
full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all
cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger 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.
16.
17.
In all cases where explosives are to be used during the construction of the project contemplated by this contract, it
shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in
proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given
sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their
property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage
resulting from his blasting operations.
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
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The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All
policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The 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 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 t
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. t_
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 r
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.
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In any event, if a condition should occur or arise at the site of this project or from the work being done under this
contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work,
regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer
dangerous to property or life.
19. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project
under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount,
not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the
work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or
Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his
classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the
copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made,
or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees
according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which
schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on
whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each
calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his
particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these
contract documents.
20. PROVISIONS CONCERNING ESCALATION CLAUSES
Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the
bidder without being considered.
21. PREPARATION FOR BID
The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled
in and the bidder shall state the price both in words and numerals, for which he intends to do the work
contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or
typewritten. In case of discrepancy between the price written in words and the price written in figures, the price
written in words shall govern. If the bid is submitted by an individual, his name must be signed by him or his duly
authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each
member must be given and the bid signed by a member of the firm, association or partnership, or person duly
authorized. If the bid is submitted by a company or corporation, the company or corporate name and business
address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing
agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid
shall be executed in ink.
Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed
on the outside of the envelope in the following manner:
(a) Bidder's name
(b) Bid for (description of the project).
Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no
bid may be withdrawn or altered thereafter.
22. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the
following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
{ 5
(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.
Q) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
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.[I
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. -
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BID SUBMITTAL
BID SUBMITTAL
LUMP SUM BID CONTRACT
DATE: ag_jp nn
PROJECT NUMBER: #00-191 - CARLISLE PARK ADA RENOVATIONS (PHASE 1)
Bid of T „b1hock u,,; l a; ng—Scr-AltiCes, 1uc (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation forbids for the construction of a Cn rl ; ct, o Ra rk ADA
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract
documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of
the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and
supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time
set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required
under the contract documents.
MATERIALS:
SERVICES: 'C' C X /fir �✓ J .y� oC / �� e Li• Zt �✓ - ($�%a_, cal/ • )
TOTAL BID: �- C �U� e✓ �c. r ,•- �y 1 r t-.� �-E'er{$_ )
,__ (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written
"Notice to Proceed" of the Owner and to fully complete the project within 90 (NINETY) consecutive calendar days
thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner
as liquidated damages the sum of $500.00 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of
the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the
contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 21 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
['j commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on
which he has bid; as provided in the contract documents.
x� 1
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable
without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the
bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all
necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him.
Enclosed with this bid is a Cashier's Check or Certified Check for
Dollars ($ ) or a Bid Bond in the sum of Five Percent Dollars
($�!_J, which it is agreed shall be collected and retained by the Owner as liquidated damages in the
event fhe bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents,
insurance certificates, and the required bond (if any) with the Owner within ten (10) days after the date of receipt
of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the
undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
documents made available to him for his inspection in accordance wit
Pursuant to Texas Local Government Code 252.043(a), a
competitive sealed bid that has been opened may not be
changed for the purpose of correcting an error in the bid
price. Therefore, any corrections to the bid price must
be made on the Bid Submittal form prior to bid opening
(Sea! if Bidder is a Corporation)
ATTEST:
Secretary
Biddar acknowledges receipt of the following addenda:
Addenda No. A _' Date.pR_p3_n0
Addenda No. V=— Date
Addenda No. Date
Addenda No. Date
MMBE Firm:
2
T ihhnc-lr Rn i l d i ng Servi ces , ==ic .
Company
14107 IS -Slide Road
Address
la,l,l ook , --1-3 b- b- v^ k-
City, County
TPYaR , 7QA?A
State Zip Code
Telephone: gp _-798 —7Dn9;
Fax: 8D.6 - 798-8?C;6
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LIST OF SUBCONTRACTORS
Minority Owned
Yes No
1
❑ 0
2
0 ❑
3.
❑ ❑
- 4.
❑ 0
5.
0 0
6
❑ ❑
7
❑ 0
8.
0 ❑
9.
❑ ❑
0 ❑
10.
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Bidder
And Attached to Bid Submittal
I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been
reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of
Lubbock, I will be able to, within ten (10) days after being notified of such award by the City of Lubbock, furnish
a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal.
Tarry Smii-h
An ctor (Signature) Contractor (Print)
CONTRACTOR'S NAME: Lubbock Building Services, Inc
(Print or Type )
• •- ADDRESS:r...
Name of Agent/Broker: Butler- Carson Insurance
Address of Agent/Broker: 450c; 89nd St suite 10
City/State/Zip: T.nhhnek , Ti-was 79474
Agent/Broker Telephone Number: ( 806 ) 798-7979
Date: nR-p0
NOTE TO CONTRACTOR
If the time requirement specified above is not met, the City has the right to reject this bid/proposal and
award the contract to another contractor. If you have any questions concerning these requirements,
please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165.
BID #00-191 - CARLISLE PARK ADA RENOVATIONS (PHASE I)
E 4
OP-03-00 15:53 From -CITY OF LUBBOCK-PURCHASING 8067752164
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T-794 P.02/02 F-777
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08-03-00 15:53 From -CITY OF LUBBOCK-PURCHASING
8067752164 T-794 P-01/02 F-777
City of Lubbook
PURCHASING DEPARTMENT
ROOM L04, MUNICIPAL BUILDING
162513U STREET
LUBBOCK, TEXAS 79401
PH;(806)775-2167 FAX,(806)775-2164
http;/Ipurchasing.ci.l ubbock.tx.us
ITB #00-191. Addendum #1
ADDENDUM #9
ITB #00-191
Carlisle Park ADA Renovations -
Phase 1
MAILED TO VENDOR: August 3, 2000
CLOSE DATE: August 10, 2000 @ 4:00 P. M.
The following items take precedence over specifications for the above named Invitation to Bid (ITS).
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 Drawings, Sheet 6, substitute the accompanying detail, Single Table Plan, on Sheet AD-1 for
the plan as originally shown.
.All requests for additional Information or clarification must be submitted in writing and directed to:
Ron Shuffield, Senior Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Questions may be faxed to: (806)775-2164
or Email to: Rshuffield@mail.ci-lubbock.tx.us
THANK YOU,
CITY OF LUBBOCK
Ron Shuffield
Senior Buyer
PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID.
00.191add1
QD
_?4 INDEMNITY CORPORATION
4610 UNIVERSITY AVENUE, SUITE 1400, MADISON, WISCONSIN 53705-0900
PLEASE ADDRESS REPLY TO P.O. BOX 5900. MADISON, WI 53705-0900
PHONE (608) 231-4450 • FAX (608) 231-2029
POWER OF ATTORNEY
No: 553243
Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a
corporation of the State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute
and appoint
------------ STACI J. GROSS, LAURA A. ESPINOZA, STEVE DEAL OR DONAL BOLEY --- —--------- ---
its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and
deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of
suretyship executed under this authority shall exceed in amount the sum of
--- ----------- —--------- -------------------- NOT TO EXCEED $4,000,000.00 -------------------------------------------
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following
Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held
on the 5th day of May 1960:
"RESOLVED, that the President, and Vice -President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power
and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the
nature thereof, one or more resident vice-presidents, assistant secretaries and attorney(s)-in-fact, each appointee to have the powers and duties usual to such
offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate
I relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the
Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with
respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or
without cause, by any of said officers, at any time."
IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by
its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary, this 1st day of June, 1999.
CAPITOL INDEMNITY CORPORATION
Attest: {J /
AI
Virgiline M. Schulte, Secretary SO =a CORPORATE
SEAL = Geor Fait, President
STATE OF WISCONSIN '%�,, w,sCONse\�•�`�\
N/xnmmn\\o
e COUNTY OF DANE
On the 1 st day of June, A.D., 1999, before me personally came George A Fait, to me known, who being by me duly
sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is the President of
CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he
knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed
by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
_ STATE OF WISCONSIN `��.����`°\otFn►wiS�e�%,ti'%
yP Z l
COUNTY OF DANE = * JAFNE *_ Jane F. Endres
ENDRES Notary Public, Dane Co., Wl
r,gYPoe�`��\ My Commission Expires March 23, 2003
11111 \`0
CERTIFICATE
I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY
l_.: CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing
attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the
Board of Directors, set forth in the Power of Attorney is now in force.
.' Signed and sealed at the City of Madison. Dated the 10th day of u ust 2000
,AINIIT V C', 711/
O
O 09 i
a coRPORATE '_' a AL z Paul J. Bret r, Treasurer
� SE
ON
i
..= This power is valid only if the power of attorney number printed in the upper right hand corner apears in red. Photocopies, carbon copies
or other reproductions are not binding on the company. Inquiries concerning this power of attorney may be directed to the Bond Manager at the
Home Office of the Capitol Indemnity Corporation.
THE AivrcRICAN INSTITUTE OF ARChITECTS
AIA Document A310
KNOW ALL MEN BY THESE PRESENTS, that we
Lubbock Building Services, Inc.,14302 Slide Rd., Lubbock, TX 79424
as Principal, hereinafter called the Principal, and
Capitol Indemnity Corporation
4610 University Ave
Madison, Wisconsin, 53706-0900 (Here insert full name and address or legal title of Surety)
a corporation duly organized under the laws of the State of Wisconsin
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Lubbock (Here insert full name and address or legal title of Owner)
PO Box 2000, Lubbock, TX 79424
as Obligee, hereinafter called the Obligee, in the sum of
*** FIVE PERCENT OF BID AMOUNT *** Dollars( 5% )
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project)
Carlisle Park ADA Renovations (Phase 1)
NOW, THEREFORE, if the Obligee, shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee,
in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with
good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in
the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the
Principal shall pay to the Obligee, the difference not to exceed the penalty hereof between the amount specified in said bid and such
larger amount for which the Obligee, may in good faith contract with another party to perform the Work covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 10th day of August, 2000
Lubbock Building Services, Inc.
(� (Principal) (Sea!)
(Wit ss)
(Title)
Capitol Indemnity Corporation
V1
,.i Gross
(- ,
AIA DOCUMENT A310 -BID BOND - AIA ® - FEBRUARY 1970 ED -THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006
Printed on Recycled Paper
i
t
9/93
(Surety) (Seal)
(Title) Attorney -in -Fact
Igmullaz
I I
L
BOND CHECK
BEST UTIM
STATUTORY PAYMENT BOND PURSUANT TO CHAPTER 2253
m OF THE TEXAS GOVERNMENT CODE
(PUBLIC.WORKS)
(Penalty of this Bond must be 100% of Contract Amount)
KNOW ALL MEN BY THESE PRESENTS, That
Lubbock Building Services, Inc.
(hereinafter called the Principal), as Principal, and
Capitol Indemnity Corporation
(hereinafter called the Surety), as Surety, are held and firmly bound unto
City of Lubbock
(hereinafter called the Obligee), in the amount of
ONE HUNDRED SEVEN THOUSAND FIVE HUNDRED DOLLAR $ ) $107,510.00 )
TEN AND NO/100THS
for the payment whereof the said Principal and Surety bind themselves and their heirs,
7 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 24th day of August 2000 to
CARLISLE PARK ADA RENOVATIONS (PHASE I)
which contract is hereby referred to and made a part hereof a: fully and to the same
extent as if copied at length herein.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall pay all claimants supplying labor and material to him or a subcontractor in the
prosecution of the work provided for in said contract, then this obligation shall be void;
otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be
determined in accordance with the provisions, conditions and limitations of said
Chapter to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed this instrument this
6th day of September 2000
Lubbock Building Services, Inc.
(Principal
By/"Jtn Smith President
/ ,Capitol Indemnity Corporation (Surety
Staci Gross
Attorney-in-Fac
PERFORMANCE BOND
STATUTORY PERFORMANCE BOND PURSUANT TO CHAPTER 2253
OF THE TEXAS GOVERNMENT CODE
(PUBLIC WORKS)
(Penalty of this Bond must be 100% of Contract Amount)
KNOW ALL MEN BY THESE PRESENTS, That
Lubbock Building Services, Inc.
(hereinafter called the Principal), as Principal, and
Capitol Indemnity Corporation
(hereinafter called the Surety), as Surety, are held and firmly bound unto
City of Lubbock
(hereinafter called the Obligee), in the amount of
ONE HUNDRED SEVEN THOUSAND FIVE HUNDRED DOLLAR $) $107,510.00 )
TEN AND NO/100THS
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 24th day of August 2000 to
CARLISLE PARK ADA RENOVATIONS (PHASE I)
which contract is hereby referred to and made a part hereof as fully and to the same
extent as if copied at length herein.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall faithfully perfomr the work in accordance with the plans, specifications and
�._ contract documents, then this obligation shall be void, otherwise to remain in full
force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be
determined in accordance with the provisions, conditions and limitations of said
Chapter to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed this instrument this
6th day of September 2000
Lub ock Building Services, Inc.
(Principal
PIA
By y Smith Preside;
apitol Indemnity Corporation (Surety
.3 BY
` J Staci Gross Attorney-in--Fac
€- INDEMNITY CORPORATION
-•' 4610 UNIVERSITY AVENUE, SUITE 1400, MADISON, WISCONSIN 53705-0900
PLEASE ADDRESS REPLY TO P.O. BOX 5900, MADISON, wl 53705-0900
PHONE (608) 231-4450 • FAX (608) 231-2029
POWER OF ATTORNEY No: 5 5 82 8 1
Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a
corporation. of the State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute
and appoint.
- --- ---- STACI J. GROSS, LAURA A. ESPINOZA, STEVE DEAL OR DONAL BOLEY---- ----
its true and lawful Attorney(s)-in-fact, to make, execute, sea[ and deliver for and on its behalf, as surety, and: as its act and
deed', any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of
suretyship executed under this authority shall exceed in amount the sum of
---- —--- —--- ------------ ------------ NOT TO EXCEED $4>000,000.00 -----------------------------------
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following
Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held
on the 5th day of May 1960:
- "RESOLVED, that the President, and Vice -President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power
and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the
nature thereof, one or more resident vice-presidents, assistant secretaries and attomey(s)-in-fact, each appointee to have the powers and duties usual to such
offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate
relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the
i Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with
respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or
without cause, by any of said officers, at any time.'
IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by
its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary, this 1st day of June, 1999.
CAPITOL INDEMNITY CORPORATION
Attest:
Virgiline M. Schulte, Secretary CORPORATE'-
_4 SEAL $ Geor ..Fait President
STATE. OF WISCONSIN '�� wSCON
s� \\.
°j
COUNTY OF DANE
On the 1st.day of June, A.D., 1999,.before me personally came George A Fait, tome known; who being by me duly
sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is the President of
CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he
knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed
by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
STATE OF WISGONSIN
��UU1otF W1
COUNTY OF DANE JANE _
* F. *_ Jane F: Endres
ENDREs Notary Public, Dane Co., WI
//�TgRYP�e"`\`\\`�` My Commission Expires March 23, 2003
nm�nuann
CERTIFICATE
I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY
CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing
attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the
Board of Directors, set forth in the Power of Attorney is now in force.
Signed and sealed at the City of Madison. Dated the 6th day of September 2000
``'111e`,0NlITV Co V11
9
- CORPORATE ' c
_L Z Paul J. Brel r, Treasurer
CONS
r This power is valid only if the power of attorney number printedin the upper right hand corner apears in red. Photocopies, carbon copies
or other reproductions are not binding on the company. Inquiries concerning this power of attomey may be directed to the Bond Manager at the
Home Office of the Capitol Indemnity Corporation.
CERTIFICATE OF INSURANCE
ACORD CERTIFICATE OF LIABILITY INSURANCE
TM
DA /
05/1010/200 000
ADDUCER (806)798-7979 FAX (806)798-7888
I Butler -Carson Insurance Agency
t ,
!4505 82nd St, Suite 10
Lubbock, TX 79424
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED Lubbock Building Services, Inc.
and Jerry Smith
P.O. Box 65600-194
Lubbock, TX 79464
wsURERA: Highlands Insurance Co
INSURERB:
INSURERC:
INSURER D:
INSURER E:
t ::OVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUREMENT, 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MM/DD/YY
POLICY EXPIRATION
DATE MM/DD/YY
OMITS
GENERAL LIABILITY
BP0201059
09/03/1999
09/30/2000
EACH OCCURRENCE
$ 1,000,000
X COMMERCIAL GENERAL LIABILITY
FIRE DAMAGE (Any one fire)
$ 300,000
CLAIMS MADE a OCCUR
MED EXP (Any one person)
$ 10,000
PERSONAL & ADV INJURY
$ 1,000,000
�__A
GENERAL AGGREGATE
$ 1,000,000
GENT AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 1,000,000
POLICY PRO- LOC
JECT
AUTOMOBILE LIABILITY
X ANY AUTO
BTA205023
09/03/1999
09/30/2000
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY
(Per person)
$
[-ALL
A
OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
(Per accident)
$
1
GARAGE LIABILITY
AUTO ONLY -EA ACCIDENT
$
OTHER THAN EA ACC
$
I
ANY AUTO
$
AUTO ONLY: AGG
EXCESS LIABILITY
BXS202551
09/03/1999
09/30/2000
EACH OCCURRENCE
$ 1,000,000
OCCUR CLAIMS MADE
AGGREGATE
$
A
1000000
$ 1,000,000
$
DEDUCTIBLE
$
RETENTION $
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
BWC799811
09/03/1999
09/30/2000
TDRY LIMITS ER
E.L. EACH ACCIDENT
$ 500, 000
E.L. DISEASE - EA EMPLOYEE
S 500, 000
E.L. DISEASE - POLICY LIMIT
S 500,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
'-dditional Insured and Waiver of Subroaation endorsement on General Liabilitv and Automobile
Waiver of Subrogation on Workers' Compensation in favor of the certificate holder ATIMA
concerns job:00-191 ADA Renovations at Carlisle Park.
CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
_ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Lubbock BUT FAILURE TO MAIL S CH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
P . 0. BOX 2000 OF ANY KIND UPO HE C MPANY, I ENTS OR REPRESENTATIVES.
_t Lubbock, TX 79408 AUTHORIZED REPR ENTAT
John Carson
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
NCORD 25-S (7/97)
CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based
on proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity
prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within 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:
2
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must (see
reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering
equipment and materials, or providing labor or transportation or other service related to the project, regardless of the
identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the
legal 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.
CONTRACT
I..
STATE OF TEXAS
COUNTY OF LUBBOCK
CONTRACT
THIS AGREEMENT, made and entered into this 241h day of August, 2000 by and between the City of Lubbock,
� County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so,
hereinafter referred to as OWNER, and Lubbock Building Services. Inc. of the City of Lubbock, County of Lubbock and the
State of Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
BID #00-191 - CARLISLE PARK ADA RENOVATIONS (PHASE 1) - $107,510.00
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.
APPR(WED AS TO CONTENT:
Owner' Representative
APPROVED AS TO FORM:
City Attorney
ATTEST:
Cor orate Secretary
C
amen Goirte5
CONTRACTOR:
�l11 •154 4110 GOV Ii
t
PRINTED NAME: Prr\j
mai
. r•
COMPLETE ADDRESS:
Lubbock Building Services, Inc.
14302 S. Slide Road
Lubbock, Texas 79424
GENERAL CONDITIONS OF THE AGREEMENT
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of
Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co-
partnership or corporation, to wit Lubbock Building Services. Inc. who has agreed to perform the work embraced in
this contract, or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to, City of Lubbock, or its representative CRAIG WUENSCHE PARK DEVELOPMENT
COORDINATOR, so designated who will inspect constructions; or to such other representatives, supervisors,
architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this
agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's
Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the
Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder
for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to
herein as the "contract" or "contract documents".
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or
i 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
i Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due
r 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
I ' I business address known to the party who gives the notice.
0
10.
11
12.
13.
CONTRACTOR'S RESPONSIBILITIES
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other
facilities necessary for the execution and completion of the work covered by the contract documents. Unless
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.
The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or
work described in words which so applied have well known, technical or trade meaning shall be held to refer such
recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
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.
LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will
check the Contractor's layout of all major structures and any other layout work done by the Contractor at
Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all
work in accordance with the Plans and Specifications.
KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and
Contractor shall keep one copy of same consistently accessible on the job site.
RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress or quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract documents.
Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the
quality or quantity of the work, nor will Owner's Representative be responsible for the construction means,
methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the
Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the
Contractor's failure to perform the work in accordance with the Contract Documents.
LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems
said lines and grades are 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 its work in order to permit Owner's Representative to comply with this requirement, but
such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore.
The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades
will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless
destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be
replaced by the Owner's Representative at Contractor's expense. -
N
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 has the authority to review all work included herein. The Owner's Representative has the
authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the
contract. 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 the contract documents, and 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 decision of the Owner's Representative shall be
conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15)
calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection
by Contractor, as provided herein, any and all objection or objections shall be deemed waived.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from
time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may
deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said
material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall
furnish all reasonable aid and assistance 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 fifteen (15) calendar days make written appeal to the Owner's
Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any
and all objection or objections shall be deemed waived.
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 its absence and all directions
given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate
supervision by competent and reasonable representatives of the Contractor is essential to the proper performance
of the work and lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the
Contractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of Contractor's 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 itself 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 affect the work under the
contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or
Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms
or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all
modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's
Representative and Contractor.
W,
Unless otherwise specified herein, all loss, expense or damage to 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
work, shall be sustained and borne by the Contractor at its own cost and expense.
CHARACTER OF WORKERS
The Contractor agrees to employ only orderly and competent workers, 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 Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion,
incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, 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.
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 Fill
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 consent or 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.
IA
OBSERVATION AND TESTING 171
The Owner or Owner's Representative shall have the right at all 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 such 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 such 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 Representative
has previously accepted the work through oversight or otherwise. If any such 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
IL
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
r
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 such work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative,
be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and
approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the
requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such
tests or approvals but does not meet the requirements of the contract documents shall be considered defective,
and shall be corrected at the Contractor's expense.
4 I
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 the contract documents to make such
inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is expressly 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 Owner's Representative as unsuitable or not
in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written
notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy
such work so that it shall be in full accordance with the contract documents. 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 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 lesser of the following: (1) actual field cost of the
extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged
by a reasonable and prudent Contractor as a reasonable and necessary cost for
performance of the extra work.
In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph
shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for
the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred,
together with all expenses incurred directly on account of such extra work, including Social Security, Old Age
Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other
insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by
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25.
9.1
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 Contractor for its 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 Contractor should receive
compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra
work, 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)(1). If Contractor does not notify Owner's Representative prior to the commencement
any extra work, any claim for payment due to alleged extra work shall be deemed waived.
DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents 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. Notices of any discrepancies or omissions in
these plans, specifications, or contract documents, shall be given to the Owners' Representative and a
clarification obtained before the bids are received, and if no such notice is received by the Owner's
Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands
the work to be included and has provided sufficient sums in its bid to complete the work in accordance
with these plans and specifications. If Contractor does not notify Owner's Representative prior to bidding
of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and
specifications are sufficient and adequate for completion of the project. It is further agreed that any
request for clarification must be submitted no later than five (5) calendar days prior to the opening of
bids.
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 its force or equipment, or both, to such an extent as to give
reasonable assurance of compliance with the schedule of progress.
6
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY
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, its sureties and insurance carriers shall defend, indemnify and hold
harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages,
expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or
contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection
with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in
any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the
subject matter of this contract.
The safety precautions taken shall be the sole responsibility of the Contractor, in its 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 its duty and shall not be construed as any assumption of duty to
supervise safety precautions by either the Contractor or any of its subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change.
All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and
its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance,
rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of
payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in
conformity with the provisions hereof shall establish such waiver..
The Contractor shall procure and carry at its 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.
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.
A. General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $500,000.00
Combined Single Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
B
C.
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A
F
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury
Advertising Injury
Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
For bodily injuries, including accidental death and or property damage, $0 Combined Single Limit. This
policy shall be submitted prior to contract execution.
Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $500,000.00 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.
Builder's Risk Insurance/Installation Floater Insurance.
The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of
potential loss) naming the City of Lubbock as insured.
Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of $0on all contracts with coverage
to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages.
Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,000.00.
1. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority r J
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 Ll
or entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the ,
Contractor's/person's work on the project has been completed and accepted by the governmental
entity.-£
Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor
Code) - includes all persons or entities performing all or part of the services the Contractor has
undertaken to perform on the project, regardless of whether that person contracted directly with
the Contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -
operators, employees of any such entity, or employees of any entity which furnishes persons to
provide services on the project. "Services" include, without limitation, providing, hauling, or
8
delivering equipment or materials, or providing labor, transportation, or other service related to a
project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
2. The Contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements
of Texas'Labor Code, Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
5. The Contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the Contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
6 The Contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project.
8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by
the Texas Workers' Compensation Commission, informing all persons providing services on the
project that they are required to be covered, and stating how a person may verify coverage and
report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the Contractor:
9
(e)
(f)
(g)
(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;
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
contractually require each person with whom it contracts to perform as required by
paragraphs (a) - (g), 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 borne by
such certificate. -
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by
such certificate.
I;
(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.
10
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filling of
any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
Contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental
entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(ii) no later than 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 Texas Worker's Compensation Act or other
commission rules. This notice must be printed with a title in at least 30 point bold type
and text 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:
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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 or
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 of the legal requirements 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
I
work on the project;
(iii) include in all contracts to provide services on the project the following language:
"By signing this contract or providing or causing to be
provided a certificate of coverage, the person signing this
contract is representing to the governmental entity that all
t
employees of the person signing this contract who will
'
provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that
the coverage will be based on proper reprinting 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,
j
civil penalties, or other civil actions.";
(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
r
Contractor:
1
(1) a certificate of coverage, prior to the other person beginning work on the
project; and I
,j
(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;
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(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 (i)-(viii), with the certificate of coverage to be provided to
the person for whom they are providing services.
29. DISABLED EMPLOYEES
Contractors havingmore than fifteen 15 employees a ree to comp) with the Americans with Disabilities Act of
O9 Y
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
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless
against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way,
manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of
machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract
and the project which is the subject matter 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, in addition to any statutory retainage rights it may have, 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.
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. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27
hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall
indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account
thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a
particular design, device, material or process or the product of a particular manufacturer or manufacturers is
specified or required in these contract documents by Owner; provided, however, if choice of alternate design,
device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all
of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein
to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement,
the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's
Representative prior to bidding.
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32. LAWS AND ORDINANCES
33.
34.
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form,
the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the
Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such
laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor
observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in
writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the
work. In the absence of timely written notification to Owner's Representative of such variance or variances within
said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or
local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors
perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's
Representative, Contractor 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.
SUBCONTRACTING
The Contractor agrees that it will retain personal control and will give its 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 its full obligations to the Owner, as
provided by the contract documents.
TIME FOR SUBSTANTIAL 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 documents, 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 as provided in the contract documents.
If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified,
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 $500.00 (FIVE HUNDRED
DOLLARS I PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set
forth for each and every working day that the Contractor shall be in default after the time stipulated for
substantially completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial
completion of the work described herein is reasonable time for the completion of the same, taking into
consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages
the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount
agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and
is expressly agreed to be not disproportionate to actual damages as measured at time of breach.
IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS
OF THE ESSENCE OF THIS CONTRACT.
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d
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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 its 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 its 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. TIME OF PERFORMANCE
The Contractor agrees that it has submitted its 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 34 hereinabove set forth and expressly agrees that
it shall not be entitled to, nor will it request, an extension of time on this contract, except when its 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. Any request for extension shall be in writing with the written request for same setting forth all
justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days
of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the
extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial,
and final. Further, in the absence of timely written notification of such delay and request for extension, as
provided herein, any request for extension by Contractor shall be deemed waived.
37. HINDRANCE AND DELAYS
In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such
work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in
securing material or workmen, or any other cause or occurrence. 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 sole 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, and only when same are expressly stated
to be estimates, 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. In the event the amount of work to be done and materials to be furnished are
expressly stated to be estimated, and only when same are expressly stated to be estimated, 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.
15
cm
40.
41
42
PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under
this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be
liable for any and all claims for such damage on account of his failure to fully protect all adjacent property.
Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and
employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related
to, arising from or growing out of the performance of this contract.
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 proposal 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 Contractor and for well and truly performing the same and the whole thereof in the manner
and according to this agreement, the attached specifications, plans, contract documents and requirements of
Owner's Representative.
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, Owner's
agents and employees, which have not theretofore been timely filed as provided in this contract.
PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application
for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall
determine the amount to be partially paid. Owner's Representative shall review said application for partial
payment if submitted, 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. The determination of the partial payment by
the Owner's Representative shall be in accordance with Paragraph 14 hereof.
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 the contract documents.
Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to
enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work
performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said
partial payment is attributable.
16
t
43. SUBSTANTIAL COMPLETION
Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31)
working days after the Contractor has given the Owner's Representative written notice that the work has been
substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time,
if the work be found to be substantially completed in accordance with the contract documents, the Owner's
Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding
the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete
the work within the time provided in this contract.
44. FINAL COMPLETION AND PAYMENT
The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final
completion, the Owner's Representative shall proceed to make final measurement to determine whether final
completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's
Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion,
Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final
completion, the balance due Contractor under the terms of this agreement. Neither the certification of final
completion 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 contract documents and/or any warranty or
warranties implied by law or otherwise.
45. CORRECTION OF WORK
Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and
Contractor shall at its own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract documents. 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.
Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the
contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and
Contractor 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 certification of final completion by Owner's
Representative.
46. PAYMENT WITHHELD
The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify
the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of:
(a) Defective work not remedied and/or work not performed.
(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, in the
amount withheld, payment shall be made for amounts withheld because of them.
17
51. 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.
52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
i
Unless otherwise specified herein, all loss, expense 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 or from unusual
may be encountered in
obstructions or difficulties, naturally
ustai urring, man made or otherwise,
prosecution of the work, shall be sd borne by the Contractor at�ch h his own cost and expense the
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53. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to ,
direct, supervise, and control its 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 Contractor's 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 I
Representative or to the Contractor's own employees or to any other person, firm, or corporation.
54. 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 Contractor shall remove all such debris and also its 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.
55. HAZARDOUS SUBSTANCES AND ASBESTOS
Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same
may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in
any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the
Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the
City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a
Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in
the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project
or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts
and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least
twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and
provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If
the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5)
days of the receipt of said request, said request shall be deemed to be denied.
In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for
ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper L
performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage,
disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or ;
asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective
lj
gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum
products or byproducts and/or asbestos. E
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CURRENT WAGE DETERMINATIONS
43. SUBSTANTIAL COMPLETION
Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31)
working days after the Contractor has given the Owner's Representative written notice that the work has been
substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time,
if the work be found to be substantially completed in accordance with the contract documents, the Owner's
Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding
the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete
the work within the time provided in this contract.
44. FINAL COMPLETION AND PAYMENT
The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final
completion, the Owner's Representative shall proceed to make final measurement to determine whether final
completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's
Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion,
Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final
completion, the balance due Contractor under the terms of this agreement. Neither the certification of final
completion 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 contract documents and/or any warranty or
warranties implied by law or otherwise.
45. CORRECTION OF WORK
Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and
Contractor shall at its own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract documents. 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.
Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the
contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and
Contractor 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 certification of final completion by Owner's
Representative.
46. PAYMENT WITHHELD
The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify
the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of:
(a) Defective work not remedied and/or work not performed.
(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, in the
amount withheld, payment shall be made for amounts withheld because of them.
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47
CLAIM OR DISPUTE
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) calendar days after the Owner's
Representative has given any direction, order or instruction to which the Contractor desires to take exception.
Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner
shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right
under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by
Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's
Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or
deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further
agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the
Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees
and Owner's Representative, by Contractor.
48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after
written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the
written orders of the Owner's Representative, when such orders are consistent with this contract, 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. In the event a bond is not required by law, or otherwise obtained by the Contractor,
no further notice of such non-compliance to Contractor shall be required.
After receiving said notice of abandonment or non-compliance , 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 the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the
notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed
with diligence to complete the project as contemplated and in compliance with all terms and provisions of the
contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract,
equity or otherwise, including, but not limited to, providing 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 its 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. 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.
18
In the event the Owner's Representative elects to complete the work, as described above, when the work shall
have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as
provided in paragraph 44 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, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be,
shall pay the balance due as reflected by said statement within 30 days after the date of certification 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, if applicable, 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, if applicable. Should the cost to complete the work exceed the contract price,
and the Contractor and/or his Surety, if applicable, 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, if applicable, 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, if applicable, subject only to
the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar 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, if applicable. 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, if applicable, to their proper owners.
The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent
permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in
this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its
exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies
available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in
paragraph 34, hereinabove set forth.
49. LIMITATION ON CONTRACTOR'S REMEDY
The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually
performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be
liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the
project which is the subject matter of this contract.
50. BONDS
The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$25,000. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved
Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be
in effect until such bonds are so furnished.
19
51.
52.
53
54
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.
LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
Unless otherwise specified herein, all loss, expense 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 or from unusual
obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the
prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense.
INDEPENDENT CONTRACTOR h
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to
direct, supervise, and control its 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 Contractor's 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.
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 Contractor shall remove all such debris and also its 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.
55. HAZARDOUS SUBSTANCES AND ASBESTOS
Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same
may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in
any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the
Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the
City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a
Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in
the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project
or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts
and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least
twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and
provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If
the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5)
days of the receipt of said request, said request shall be deemed to be denied.
In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for
ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper
performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage,
disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or
asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective
gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum
products or byproducts and/or asbestos.
20
Item No. 39 v
RESOLUTION April 8, 1999
WHEREAS, the City Council has heretofore established the general prevailing
rate of per diem wages for each craft or type of workmen or mechanics needed to execute
public works contracts for the City of Lubbock in accordance with the provisions of
j Vernon's Ann. Civ. Art. 5159a; and
I WHEREAS, such wage rates were established by Resolution No. 719 enacted
1 February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984. further
i; updated by Resolution No. 2502 enacted January 8, 1987, further updated by Resolution
No. 5721 enacted March 14, 1996, and amended by Resolution No. 6138 enacted
December 16, 1998; and
�t
WHEREAS, such rates need to be updated at the present time in order to reflect
the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works contracts
Ishall 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: Legal Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing rate of per
diem wages in all localities where public works are undertaken on behalf of the City of
Lubbock and such wage rates shall be included in all public works contracts as provided
by law.
Passed by the City Council this 8th day of April- 9 99.
i
.i
WIlVDY S-fitTO14, MAYOR
!� A EST:
Kayt i Darnell, City Secretary
—
APPROVED AS TO CONTENT:
Mary Andrews, Managing Director of
Human Resources
APPROVED AS TO FORM:
' Amy L s, A istant City Attorney
p ccdoc ubworks.res
'� ! March 25. 1999
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Acoustical Ceiling Installer
Air Conditioner Installer
Air Conditioner Installer -Helper
Asbestos Worker
Asbestos Supervisor
Bricklayer
Bricklayer -Helper
Carpenter
Carpenter -Helper
Cement Finisher
Drywall Hanger
Electrician
Electrician -Helper
Equipment Operator -Heavy
Equipment Operator -Light
Floor Installer
Glazier
Insulator-PipingBoiler
Insulator -Helper
Iron Worker
Laborer -General
Mortar Mixer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder -Certified
Hourly Rate
11.50
12.50
6.25
9.00
12.50
12.50
7.00
11.00
7.00
8.00
11.00
13.75
7.00
9.50
8.50
9.50
10.50
11.50
7.00
11.00
6.00
6.00
9.50
12.50
7.00
9.00
7.00
10.00
7.00
11.00
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer -General
Laborer -Utility
Mechanic
Mechanic -Helper
Power Equipment Operators
Asphalt Paving Machine
Bulldozer
Concrete Paving Machine
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grader Operator
Roller
Scraper
Tractor
Truck Driver -Light
Truck Driver -Heavy
Hourly Rate
9.00
6.00
8.00
7.00
12.00
6.00
7.00
6.25
6.00
6.75
8.00
7.00
7.75
R.00
7.75
7.25
8.00
7.25
9.50
6.75
7.25
7.25
6.50
7.00
SPECIFICATIONS
EXIMIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer -General
Laborer -Utility
Mechanic
Mechanic -Helper
Power Equipment Operators
Asphalt Paving Machine
Bulldozer
Concrete Paving Machine
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grader Operator
Roller
Scraper
Tractor
Truck Driver -Light
Truck Driver -Heavy
Hourly Rate
7.75
R.00
7.75
7.25
8.00
7.25
9.50
6.75
7.25
7.25
6.50
7.00
EXHIBIT C
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) shall be as required by the Fair
Labor Standards Act.
EXHIBIT D
Prevailing Wage Rates
Legal Holiday Rate
The rate for legal holidays shall be.as required by the Fair Labor Standards Act.
t
SECTION 01005
SECTION 01300
SECTION 01400
SECTION 01500
SECTION 01600
SECTION 01700
SECTION 02072
SECTION 02515
SECTION 02811
TECHNICAL SPECIFICATIONS
ADMINISTRATIVE PROVISIONS
SUBMITTALS
QUALITY CONTROL
CONSTRUCTION FACILITIES AND
TEMPORARY CONTROLS
MATERIALS AND EQUIPMENT
CONTRACT CLOSEOUT
MINOR DEMOLITION FOR REMODELING
PORTLAND CEMENT CONCRETE PAVING
LANDSCAPE IRRIGATION
SECTION 01005
ADMINISTRATIVE PROVISIONS
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Title of Work, and type of Contract.
B. Owner -Furnished Products.
C. Coordination.
D. Field Engineering.
E. Reference Standards.
1.02 WORK COVERED BY CONTRACT DOCUMENTS
A. Work of this contract involves construction of new concrete
sidewalks, slabs for benches, picnic tables and a water fountain,
and handicap accessible parking spaces at the City of Lubbock's
Carlisle Park, located at 26th Street and Avenue X. Included in
the work are demolition and removal of existing picnic tables,
shelters, designated areas of existing concrete slabs, curbs and
gutters. Also included are installation of benches, tables,
grilles, trash can holders and shelters provided by the Owner;
and renovation of the irrigation system to accommodate the new
sidewalk configuration.
1.03 CONTRACT METHOD
A. Construct the Work under a single lump sum contract.
1.04 OWNER -FURNISHED PRODUCTS
A. Products furnished and paid for by Owner, but installed under
this contract:
1. New picnic tables, barbeque grilles, trash can holders and
table shelter structures.
2. New benches and bench shelter structures.
3. New water fountain.
B. Owner's Responsibilities:
1. Arrange for and deliver shop drawings, product data and
samples to Contractor.
2. Arrange and pay for product delivery to site.
3. On delivery, inspect products jointly with Contractor.
4. Submit claims for transportation damage.
5. Arrange for replacement of damaged, defective, or missing
items.
6. Arrange for manufacturers' warranties, inspections and
service.
C. Contractor's Responsibilities:
01005-1
1. Review shop drawings, product data and samples.
2. Receive and unload products at site; inspect for completeness
and/or damage, jointly with Owner.
3. Handle, store, and install products provided by Owner.
4. Repair or replace items damaged by Work of this Contract.
1.05 COORDINATION
A. Coordinate work of the various sections of Specifications to
assure efficient and orderly sequence of installation of
construction elements, with provisions for accommodating items
provided by owner and installed under this contract.
B. Verify characteristics of elements of interrelated operating
equipment are compatible; coordinate work of various sections
having interdependent responsibilities for installation,
connecting to, and placing in service, such equipment.
1.06 FIELD ENGINEERING
A. Contractor shall field verify and be responsible for all
sidewalk, curb and gutter elevations.
B. Provide field engineering services; establish grades, lines
and levels by use of recognized engineering survey practices.
C. Control datum for survey is that shown on Drawings. Locate j
and protect control and reference points.
1.07 REFERENCE STANDARDS
A. For Products specified by association or trade standards,
comply with requirements of the standard, except when more rigid
requirements are specified or are required by applicable codes.
B. The date of the standard is that in effect the bid date,
except when a specific date is specified.
C. Obtain copies of standards when required by Contract
Documents. Maintain copy at field office.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
01005-2 }
SECTION 01300
SUBMITTALS
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Procedures.
B. Construction Progress Schedules.
C. Schedule of Values.
D. Shop Drawings.
E. Product Data.
F. Manufacturers' Certificates.
1.02 RELATED REQUIREMENTS
A. Specific requirements stated in individual specification
sections.
1.03 PROCEDURES
A. Deliver submittals to Architect/Engineer at the following
address:
Jones Rowntree Architects
3824 50th Street, Suite D
Lubbock, Texas 79413-3808
B. Transmit each item under Architect/Engineer accepted form.
Identify Project, Contractor, subcontractor, major supplier;
identify pertinent Drawing Sheet and detail number, and
Specification section number, as appropriate. Identify
deviations from Contract Documents. Provide space for Contractor
and Architect/Engineer review stamps.
C. Submit initial progress schedules and schedule of values in
duplicate within 30 days after award of Contract. After review
by Architect/Engineer revise and resubmit as required. Submit
revised schedules with each Application for Payment, reflecting
changes since previous submittal.
D. Comply with progress schedule for submittals related to Work
progress. Coordinate submittal of related items.
E. After Architect/Engineer review of submittal, revise and
resubmit as required, identifying changes made since previous
submittal.
- F. Distribute copies of reviewed submittals to concerned persons.
Instruct recipients to promptly report any inability to comply
with provisions.
01300-1
1.04 CONSTRUCTION PROGRESS SCHEDULE
A. Submit horizontal bar chart with separate bar for each major
trade or operation, identifying first work day of each week.
B. Show complete sequence of construction by activity,
identifying work of separate stages and other logically grouped
activities. Show projected percentage of completion for each
item of work as of progress application for payment.
1.05 SCHEDULE OF VALUES
A. Submit typed schedule on AIA Form G703; Contractor's standard
form or media -driven printout will be considered on request.
B. Format: Table of Contents of this Project Manual. Identify
each line item with number and title of the major Specification
sections.
C. Include in each line item a directly proportional amount of
Contractor's overhead and profit.
D. Revise schedule to list change orders, for each application
for payment.
1.06 SHOP DRAWINGS
A. Submit the number of opaque reproductions which Contractor
requires, plus two copies which will be retained by
Architect/Engineer.
1.07 PRODUCT DATA
A. Mark each copy to identify applicable Products, models,
options, and other data; supplement manufacturers' standard data
to provide information unique to the Work. Include manufacturers'
installation instructions when required by the Specification
section.
B. Submit the number of copies which Contractor requires, plus
two copies which will be retained by Architect/Engineer.
1.08 MANUFACTURERS' CERTIFICATES
A. Submit certificates, in duplicate, in accordance with
requirements of each Specification section.
PART 2 PRODUCTS - Not Used
PART 3 EXECUTION - Not Used
END OF SECTION
01300-2
SECTION 01400
QUALITY CONTROL
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Quality control of products and workmanship.
B. Manufacturer's instructions.
C. Independent Testing Laboratory Services.
1.02 RELATED REQUIREMENTS
A. Individual Specifications Sections: Testing required.
1.03 DESCRIPTION
A. Maintain quality control over supervision, subcontractors,
} suppliers, manufacturers, products, services, workmanship, and
site conditions, to produce Work in accordance with Contract
Documents.
1.04 WORKMANSHIP
A. Comply with industry standards of the region except when more
restrictive tolerances or specified requirements indicate more
rigid standards or more precise workmanship.
B. Provide suitably qualified personnel to produce Work of
specified quality.
C. Secure products in place with positive anchorage devices
designed and sized to withstand stresses, vibration, and
racking.
1.05 MANUFACTURER'S INSTRUCTIONS
A. When required in individual Specifications section, submit
manufacturer's printed instructions in quantity required for
product data, for delivery, handling, storage, assembly,
installation, startup, adjusting, balancing, and finishing, as
appropriate.
B. Require compliance with instructions in full detail, including
each step in sequence.
C. Should instruction conflict with Contract Documents, request
clarification from Architect/Engineer before proceeding.
1.06 MANUFACTURER'S CERTIFICATES
A. When required in individual Specifications section, submit
manufacturer's certificate, in duplicate, certifying that
01400-1
products meet or exceed specified requirements, executed by
responsible officer.
1.08 TESTING LABORATORY SERVICES
A. Contractor shall employ and pay for services of an Independent
Testing Laboratory to perform inspections, tests, and other
services required by various Specification sections.
B. Services will be performed in accordance with the requirements
of Specifications Section 01400 and the requirements of governing
authorities and with specified standards.
PART 2 PRODUCTS - Not Used
PART 3 EXECUTION - Not Used
END OF SECTION
01400-2
SECTION 01500
CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Protection of Existing Facilities.
B. Safety
C. Sanitary Facilities.
D. Construction Aids.
E. Barriers.
F. Cleaning During Construction.
1.02 RELATED REQUIREMENTS
A. Section 01005 - Administrative Provisions: Summary of the
work.
B. Section 01700 - Contract Closeout: Final Cleaning.
1.03 PROTECTION OF EXISTING FACILITIES
A. Take all precautions necessary to protect all existing
landscaping, sidewalks, buildings, vehicles,utilities, etc., in
the area where the work is being done, or that may be located
adjacent to, or in -route across City 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.
1.04 SAFETY
A. The Contractor shall take all necessary precautions to ensure
the safety of any pedestrians during the demolition,
construction, and clean-up operations. The Contractor shall
maintain and keep in good repair the work intended under the
Plans and Specifications and shall perform all necessary repair,
construction, and renewal to the date of acceptance by the
Owner.
1.05 SANITARY FACILITIES
A. Provide and maintain required facilities and enclosures.
1.06 CONSTRUCTION AIDS
A. Provide and operate drainage and pumping equipment; maintain
excavations and site free of standing water.
1.07 BARRIERS
01500-1
A. The Contractor shall be responsible for the protection of
unfinished work and shall be responsible for the safety of
individuals using the unfinished equipment. The Contractor shall
furnish and erect such barricades, fences, lights, and danger
signals, and shall take such other precautionary measures for the
protection of persons, property and the work as may be
necessary.
B. The Contractor 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, sign, and lights shall not cease until the date of
issuance to Contractor of City's certificate of acceptance of the
project.
1.08 CLEANING DURING CONSTRUCTION
A. Control accumulation of waste materials and rubbish;
periodically dispose of off -site.
g. The Contractor shall be responsible for removal, hauling, and
disposal of all debris and unusable material from proposed
construction area. The Owner shall retain the right to any
existing materials deemed to have value.
1.09 REMOVAL
A. Remove temporary materials, equipment, services and
construction prior to Substantial Completion inspection.
B. Clean and repair damage caused by installation or use of
temporary facilities. Remove underground installations to a
depth of 2 feet; grade site as indicated. Restore existing
facilities used during construction to specified, or to original
condition.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
01500-2
SECTION 01600
MATERIAL AND EQUIPMENT
FPART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Products.
B. Workmanship.
C. Manufacturers' Instructions.
D. Transportation and Handling.
E. Storage and Protection.
F. Substitutions and Product Options.
1.02 RELATED REQUIREMENTS
A. Section 01300 - Submittals: Submittal of manufacturers'
certificates.
B. Section 01700 - Contract Closeout.
C. Section 01400 - Quality Control.
1.03 PRODUCTS
A. Products include material, equipment, and systems.
B. Comply with specifications and referenced standards as minimum
requirements.
C. Components required to be supplied in quantity within a
specification section shall be the same, and shall be
interchangeable.
D. Do not use materials and equipment removed from existing
structure or system, except as specifically required, or allowed,
by contract documents.
1.04 WORKMANSHIP
A. Comply with industry standards except when more restrictive
tolerances or specified requirements indicate more rigid
standards or more precise workmanship.
B. Secure products in place with positive anchorage devices
designed and sized to withstand stresses, vibration, and
racking.
1.05 MANUFACTURERS' INSTRUCTIONS
A. When work is specified to comply with manufacturers'
instructions submit copies as specified in Section 01300,
01600-1
distribute copies to persons involved, and maintain one set in
field office.
B. Perform work in accordance with details or instructions and
specified requirements. Should a conflict exist between
specifications and instructions, consult with
Architect/Engineer.
1.06 TRANSPORTATION AND HANDLING
A. Transport products by methods to avoid product damage; deliver
in undamaged condition in manufacturer's unopened containers or
packaging, dry.
B. Provide equipment and personnel to handle products by methods
to prevent soiling or damage.
C. Promptly inspect shipments to assure that products comply with
requirements, quantities are correct, and products are
undamaged.
D. The Contractor shall not park or drive any vehicles or
equipment beneath the drip line of on -site trees and shrubs. The
Contractor and employees shall not park on unsurfaced park
property and shall not drive vehicles across City land unless it
is directly necessary to deliver materials to the job site.
1.07 STORAGE AND PROTECTION
A. Store products in accordance with Manufacturers' instructions,
with seals and labels intact and legible. Store sensitive
products in weather -tight enclosures; maintain within temperature
and humidity ranges required by manufacturer's instructions.
B. For exterior storage of fabricated products, place on sloped
supports above ground. Cover products subject to deterioration
with impr.evious sheet covering; provide ventilation to avoid
condensation.
C. Store loose granular materials on solid surfaces in a well -
drained area; prevent mixing with foreign matter.
D. Arrange storage to provide access for inspection.
Periodically inspect to assure products are undamaged, and are
maintained under required conditions.
E. After installation, provide coverings to protect products from
damage from traffic and construction operations. Remove when no
longer needed.
1.08 PRODUCT OPTIONS
A. Within 30 days after date of Contract, submit complete list of
major products proposed, with name of manufacturer, trade name,
and model.
B. Options:
01600-2
1. Products specified only by reference standard: any product
meeting that standard.
2. Products specified by naming several manufacturers: products
of any named manufacturer meeting specifications.
3. Products specified by naming one or more manufacturers and "or
equal": Submit a request for substitution for any
manufacturer not specifically named, prior to bid date.
4. Products specified by naming only one manufacturer: No
Option.
1.09 SUBSTITUTIONS
A. In the event that the clause 'or approved equal' is used in
the specification pertaining to materials, the Bidder desiring to
make substitutions for specified equipment shall submit the
following:
1. Product identification, including manufacturer's name,
address, and product literature.
2. Product description.
3. Product performance and test date.
4. Reference standards.
5.Manufacturer instructions for maintenance and repairs.
B. Request for substitution shall be included with the overall
bid and will be considered before contract is awarded.
C. After the contract is awarded, no substitutions will be
considered. It will be the Bidder/ Contractor's responsibility
to assure the availabilty of specified product or substituion
before the bid date.
D. The Bidder shall provide the same guarantee for substitution
into work, making such changes as may be required for work to be
complete in all aspects.
E. The Bidder shall cooridinate installation of accepted
substitution into work, making such changes as may be required
for work to be complete in all aspects.
F. The Bidder shall waive all claims for additional costs related
to substitution that consequently becomes apparent.
G. 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.
1.10 REUSE OF EXISTING MATERIAL
A. Except as specifically indicated or specified, materials and
equipment removed from the existing construction or systems shall
not be used in the completed Work.
01600-3
CI
B. For material and equipment specifically indicated or specified
to be reused in the Work:
1. Use special care in removal, handling, storage and
reinstallation, to assure proper function in the completed
Work.
2. Arrange for transportation, storage and handling of products
which require off -site storage, restoration or renovation.
Pay all costs for such work.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
01600-4
SECTION 01700
CONTRACT CLOSEOUT
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Closeout Procedures.
B. Final Cleaning.
C. Project Record Documents.
D. Operation and Maintenance Data.
E. Systems Demonstration.
F. Warranties and Bonds.
1.02 RELATED REQUIREMENTS
A. Conditions of the Contract: Fiscal provisions, legal
submittals, and other administrative requirements.
B. Individual Specification Sections: Specific requirements for
clean-up, system commissioning, demonstration and warranty.
1.03 CLOSEOUT PROCEDURES
A. Comply with procedures stated in General Conditions of the
Contract for issuance of Certificate of Substantial Completion.
B. When Contractor considers Work has reached final completion,
submit written certification that Contract Documents have been
reviewed, Work has been inspected, and that Work is complete in
accordance with Contract Documents and ready for
Architect/Engineer's inspection.
C. In addition to submittals required by the conditions of the
Contract, provide submittals required by governing authorities,
and submit a final statement of accounting giving total adjusted
Contract sum, previous payments, and sum remaining due.
D. Architect/Engineer will issue a final change order reflecting
approved adjustments to Contract Sum not previously made by
Change Order.
1.04 FINAL CLEANING
A. Execute prior to final inspection.
D. Remove waste and surplus materials, rubbish, and construction
facilities from the Project and from the site.
1.05 PROJECT RECORD DOCUMENTS
01700-1
A. Refer to individual specification sections for requirements
for record or as -built documents.
-'
B. Keep documents current; do not permanently conceal any work
until required information has been recorded.
1.06 OPERATION AND MAINTENANCE DATA
A. Provide data for irrigation system as requested in Section
02811.
B. Submit two sets prior to final inspection, bound in 8-1/2 x 11
inch three-ring side binders with durable plastic covers.
C. Provide operation and maintenance instructions, giving names,
addresses, and telephone numbers of subcontractors and
suppliers. List:
1. Appropriate design criteria.
2. List of equipment.
3. Parts list.
4. Operating instructions.
5. Maintenance instructions, equipment.
6. Shop Drawings and Product Data.
7. Warranties.
1.07 SYSTEMS DEMONSTRATION
A. Prior to final inspection, demonstrate operation of each
system to Architect/Engineer and Owner as described in Section
El
02811.
B. Instruct Owner's personnel in operation, adjustment and
maintenance of equipment and systems, using the operation and
maintenance data as the basis of instruction.
1.08 WARRANTIES AND BONDS
A. Provide duplicate copies of all warranties, guarantees and
bonds as requested in individual specification sections. Provide
table of contents and assemble in binder with durable plastic
cover.
B. Submit material prior to final application for payment.
PART 2 PRODUCTS - Not Used
PART 3 EXECUTION - Not Used
END OF SECTION
01700-2
SECTION 02072
MINOR DEMOLITION FOR REMODELING
PART 1 GENERAL
1.01 WORK INCLUDED
A. Remove designated elements, equipment and fixtures.
B. Identify utilities.
1.02 RELATED WORK
A. Section 01005 - Administrative Provisions: Work Sequence.
1.03 EXISTING CONDITIONS
A. Conduct demolition to minimize interference with adjacent
landscaped and grass areas.
B. Provide, erect, and maintain temporary barriers and devices as
required for safety and security of construction materials.
PART 2 PRODUCTS - Not Used
PART 3 EXECUTION
3.01 PREPARATION
A. Erect and maintain temporary barriers to prevent injury and to
provide for public access to park.
B. Protect existing items, fixtures and finishes which are not
indicated to be altered.
C. Identify any utility services within demolition areas. Notify
Owner's representative of uncovered services which conflict with
new construction. Protect active utility services.
3.02 EXECUTION
A. Demolish in an orderly and careful manner. Protect existing
concrete to remain, adjacent trees, grass and landscaped areas.
B. Except where noted otherwise, immediately remove demolished
materials from site.
C. Relics, antiques, and similar objects remain the property of
the Owner. Notify Architect/Engineer prior to removal and obtain
acceptance regarding method of removal.
D. Remove materials to be retained in a manner to prevent damage.
Store and protect from elements as required.
1 02072-1
E. Remove and deliver to the Owner the following materials and
equipment:
1. Water fountain.
F. Remove and promptly dispose of contaminated, vermin infested,
or dangerous materials encountered.
G. Do not burn or bury materials on site.
H. Remove demolished materials from site as work progresses.
Upon completion of work, leave areas of work in clean condition.
END OF SECTION
02072-2
i
SECTION 02515
PORTLAND CEMENT CONCRETE PAVING
PART 1 GENERAL
1.01 WORK INCLUDED
A. Prepare sub -grade to receive base course materials for walks,
curbs and gutters and approaches.
B. Place and compact base course materials for walks, curbs and
gutters and approaches.
C. Concrete walks, curbs and gutters complete with
reinforcement.
D. Expansion joints in horizontal concrete sidewalks.
1.02 REFERENCE STANDARDS
A. ASTM C150 - Portland Cement.
B. ASTM C94 - Ready -Mixed Concrete.
C. ASTM C260 - Air - Entraining Admixtures for Concrete.
D. ASTM A706 - Weldable Reinforcing Steel.
E. ASTM A615 - Deformed and Plain Billet -Steel Bars for Concrete
Reinforcement.
F. ASTM C33 - Concrete Aggregates.
1.03 INSPECTION AND TESTING
A. Contractor shall employ and pay for services of and
independent testing laboratory to perform inspections and tests
of concrete materials.
B. Testing shall be performed in accordance with requirements of
governing authorities and specified standards.
C. Submit test reports to Architect in duplicate, showing results
of tests and indicating compliance or non-compliance with
standards and specifications.
D. Three (3) concrete test cylinders will be taken for every 75
or less cu. yards of concrete placed.
E. One (1) additional test cylinder will be taken during cold
weather concreting and be cured on job site under same conditions
as concrete it represents.
F. One (1) slump test will be taken for each set of test
cylinders taken.
02515-1
PART 2 PRODUCTS
2.01 FILL MATERIALS
A. Sand Cushion: clean natural river or bank sand; free from
silt, clay loam, friable or soluble materials, and organic
matter. Local blow sand may be used with approval of Architect.
2.02 CONCRETE MATERIALS
A. Portland Cement: ASTM C15O; Normal - Type I.
B. Fine and Coarse Aggregates: ASTM C33; crushed white limestone
coarse aggregate for Buff Cement.
C. Water: Clean and free from injurious amounts of oil, alkali,
organic matter, or other deleterious material.
2.03 REINFORCEMENT
A. Reinforcing Steel: 40 ksi yield strength; deformed billet
steel bars; ASTM A615; plain finish.
B. Tie Wire: Minimum 16 gage annealed type, or patented system
acceptable to Architect.
2.04 FORMWORK AND ACCESSORIES
A. Formwork: Matched, tight fitting and adequately stiffened to
support weight of concrete without deflection detrimental to
tolerances and appearance of concrete.
B. Joint Filler: Sonneborn Expansion -Joint Filler; closed cell
polyethylene, minimum 1/2 inch thick.
C. Joint Sealant: Sonneborn SL-1 One -Part Self Leveling
Polyurethane Sealant; gray color.
D. Concrete Curing Compound: W.R. Meadows Sealtight CS-309
Acrylic Curing and Sealing Compound.
2.05 CONCRETE
A. Mix in proportion to produce minmum 3000 psi concrete at 28
days with maximum slump of 5 inches and 4 to 6 percent air
entrainment ASTM C94.
B. Use accelerating admixtures in cold weather only when
acceptable to Architect/Engineer. Use of admixture shall not
relax cold weather placement requirements. Do not use calcium
chloride.
C. Use set -retarding admixtures during hot weather only when
acceptable to Architect/Engineer.
PART 3 EXECUTION
02515-2
3.01 PREPARATION OF SUB -GRADE
A. Completely remove remnants of existing concrete slabs,
sidewalks, curbs and gutters.
B. Rough grade areas to receive sidewalk to bring sub -grade to
required elevations.
C. Fill soft spots and hollows with additional fill.
D. Level and compact sub -grade, to receive sand base for concrete
walks, curbs and gutters, to 95% maximum density.
3.02 PLACEMENT OF SAND CUSHION
A. Place sand cushion base to a depth of 2 inches. Lightly
consolidate and level. Prevent displacement.
B. During concrete placement, keep cushion sufficiently moist to
prevent excessive absorption of water from freshly placed
concrete.
3.03 FORMING
A. Form vertical surfaces to full depth and securely position to
required lines and levels.
B. Arrange and assemble formwork to permit easy dismantling and
stripping, and to prevent damage to concrete during formwork
removal.
3.04 PLACING REINFORCING
A. Reinforce concrete walks, slabs, curbs and gutters as
indicated on drawings. Support all reinforcing with plastic
chairs. Allow for minimum 1-1/2 inch concrete cover.
B. Do not extend reinforcing through expansion and contraction
joints.
C. Provide smooth dowels as shown and detailed on drawings. Cap
and lubricate one end as shown.
3.05 FORMING EXPANSION AND CONTRACTION JOINTS
A. Place expansion and contraction joints at 30 feet on center,
at all sidewalk intersections and at other locations shown on
drawings. Provide continuous joint filler where sidewalks abutt
curbs.
B. Fit joints with filler of required profiles, set perpendicular
to longitudinal axis of walks, curbs and gutters. Recess 1/2
inch below finished concrete surface.
3.06 PLACING CONCRETE
A. Place concrete, screed and wood float surfaces to a smooth and
uniform finish, free of open texturing and exposed aggregate.
02515-3
B. Avoid working mortar to surface.
C. Make 1/4 inch wide tooled crack control joints 6 feet on
center.
D. Round all edges, including edges of crack control and
expansion joints, with 1/2 inch radius edging tool.
E. Provide exposed surfaces of indicated walks, handicap access
ramps, curbs and gutters with dry brush finish.
F. Ensure all sidewalks have 1:20 or less running slope and 1:50
or less cross -slope.
G. Ensure finished surfaces do not vary from true lines, levels
or grade by more than 1/8 inch in 10 feet when measured with
straightedge.
H. Apply curing compound on finished surfaces immediately after
placement. Apply in accordance with manufacturer's
recommendations.
3.07 JOINT SEALANT
A. Apply sealant to joints only after concrete has completely
cured and all loose material and laitance has been removed from
surfaces.
B. Apply sealant by pouring from a spouted container or by
flowing from a bulk -loading gun or cartridge.
C. Apply sealant to a depth of 1/4" minimum to 3/8" maximum.
D. Protect joint sealant from dirt and traffic until completely
cured.
END OF SECTION
02515-4
SECTION 02811
LANDSCAPE IRRIGATION
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Removal of designated portions of existing irrigation system,
including piping, valves and heads.
B. Reinstall designated existing heads on new piping connected to
existing sprinkler irrigation system zones. Add new heads where
indicated.
C. Install new valves with connections to existing main line, new
piping and heads to create new sprinkler zones as indicated.
Provide and install wiring and new stand-alone controller to
serve new zones only.
1.02 QUALIFICATION OF BIDDER - LICENSING
A. The Bidder shall supply the name and license number of the
licensed irrigator who is responsible for the project with the
bid submittal. The irrigation installer shall be licensed in the
state of Texas or from where the Contractor is based. Out of
state licensing shall only be acceptable if the licensing state
shares reciprocity with Texas. A licensed irrigator or installer
shall be on the job site at all times when irrigation work is in
progress.
B. The Owner reserves the right to reject any bid if bidder is
not qualified based on the above given criteria.
1.03 SITE CONDITIONS
A. All utility and irrigation 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.
B. Water Supply - Water meters and main lines are existing. The
Contractor is responsible for any additional connections shown to
the main line. The connection shall be the same size as the
irrigation main, unless otherwise specified.
02811-1
3. The contractor shall inspect the epoxy coating fitting to
insure no cracks, nicks, splits, scratches or fractures to the
interior are present. These abrasions are not acceptable.
4. Fittings with abrasions to the exterior epoxy coating shall be
approved by the Owner. The Contractor shall be responsible to
correct any small abrasions with a corrosion preventative product
51 and 50 "Scotchwrap" by 3-M or approved equal, before being
wrapped with the felt or equal.
5. The Contractor shall be responsible to maintain the integrity
of the fitting to insure that the epoxy coating does not become
damaged during installation.
6. All fittings to pressure rated for 200-psi maximum working
pressure.
7. Gasket shall be designed for pressure and vacuum with maximum
deflection (ASTM F-477)
B. All pipe must have manufacturer's markings clearly printed on
them during installation
C. All class 200 pipes must conform to ASTM. D-2241
D. All lateral piping under four (4) inches shall be solvent
weld.
E. All mainline piping four (4) inches and larger shall use
belled ends or belled couplings using rubber gaskets in twenty-
(20) foot laying lengths.
F. All fittings for four (4) inches or larger.mainline shall be
epoxy coated steel.
G. All fittings shall be pressure rated for 200-psi maximum
working pressure.
H. Gaskets shall be designed for pressure and vacuum with maximum
deflection (ASTM F-477).
I. PVC Fittings:
1. Schedule 40 fittings must conform to ASTM D-2466
2. Schedule 80 fittings must conform to ASTM D-2464
J. Three (3) X Four (4) Male adapters shall not be used.
2.05 SWING JOINTS
A. Nipples: Schedule 80 with molded threads on both ends, unless
specified otherwise in construction detail.`
B. Elbows: (90 degree) Schedule 40 FIPT X FIPT.
C. Pre -fabricated swing joints are acceptable.
D. Lateral line fittings: Schedule 40.
E. Quick -coupler swing joints shall be galvanized.
2.06 VALVES
02811-4
A. Quick coupler Valves:
1. West Ag. # V144 PL, 1". Single lub, 2-piece body, heavy cast
bronze, or approved equal .
2. Provide standard cover.
3. Provide with four (4) valve keys for each Quick -coupler type.
4. Install with minimum ten (10) inch diameter with a minimum six
(6) inch opening concrete doughnut (for 1" valves). Donuts shall
be installed flush with finished gound level and shall not shift
when walked upon.
B. Section Valve: Weathermatic 8024-BCR or approved equal.
1. Size according to plan.
2. Direct burial, remote control electric valve normally closed.
3. Solenoid: Waterproof molded epoxy resin construction having no
carbon steel components exposed.
4. Actuator: Stainless steel enclosed in a watertight protection
capsule with a molded in place rubber exhaust port seal. Spring
shall be stainless steel.
5. Diaphragm: Dual ported, made of nylon reinforced Buna-N
rubber
6. Flow adjustment system.
7. Cold water working pressure: 150 psi
8. Bronze body and cover with stainless steel cover bolts.
2.07 VALVE BOXES
A. Brooks madel 1419 or approved equal. Minimum dimensions: 15"
x 21" x 12" deep, molded plastic. Extensions shall be used as
necessary to bring valve box to grade and shall be compatible
with box to achieve depth required (no bricks shall be used).
Bolt -in green lid with cover lift holes.
2.08 SPRINKLER HEADS
A. Type #1: Rainbird 1800, 15 series or approved equal.
1. Body: Rainbird 1804 PRS and or approved equal; non -corrosive
cycolac and stainless stell construction.
2. Pop-up design with pressure regulation.
3. 15' radius at 30 psi. with .93 GPM on 90 degree, 1.85 GPM on
180 degree emitter.
4. Precipitation Rate: 1.83"/hr for 90 degree and 180 degree
heads.
5. Screens shall be 1800 PCS, part #PCS-125.
B. Type #2: Existing Toro model #640 series rotor.
1. The nozzle and drive assembly shall be encased in stainless
seel. Replace with new nozzles as shown on drawing.
C. Type #3, Rainbird R50-SAM low angle Series with standard
nozzle for flow rates ranging between three (3) and six (6)
gallons per minute or approved equal.
02811-5
D. Type #4, Rainbird Bubbler nozzle #5 FB.
2.09 CONTROLLER
A. Controller: Model ESP-6 as manufactured by Rain Bird
Sprinkler Manufacturing Corporation, Glendora, California, or
approved equal.
B. Pedestal: Model PED-DD16 as manufactured by Rain Bird
Sprinkler Manufacturing Corporation, Glendora, California, or
approved equal.
2.10 CONTROL WIRING
A. All wiring shall be No. 12, Type UF, copper direct bury type
made for the irrigation industry. Wiring shall be color -keyed:
white for ground, red for operation of equipment.
B. All wire to be single stranded, one wire for each electric
valve and a common wire.
2.11 ACCESSORIES
A. Wire Connectors: 3M model DBY. Provide moisture -proof
connection for underground wiring
B. Solvent Cementing:
1. Primer: Weld -On P-68 Purple Colored Only (all pipe and
fittings)
2. Solvent: 1/2" thrun 1 1/2" Weld -On #705; 2" thru 10" Weld -On
#717.
3. Manufacturer's recommendations shall be followed at all
times.
PART 3 EXECUTION
3.01 INSTALLATION - GENERAL
A. Install pipe, valves, controls, and outlets in accordance with
manufacturer's instructions.
B. Connect to utilities.
C. Set outlets and box covers at finish grade elevations.
D. Provide for thermal movement of components in system.
E. Swing Joints:
1. Swing joints shall be used on all rotary gear driven
sprinklers and shall be of the same diameter as the inlet
opening.
2. Pre -manufactured swing joings shall be used as manufactured by
Spears Swing Joint Schedule 80t, or Lasco G132-212, or approved
equal.
02811-6
SECTION 02811
LANDSCAPE IRRIGATION
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Removal of designated portions of existing irrigation system,
including piping, valves and heads.
B. Reinstall designated existing heads on new piping connected to
existing sprinkler irrigation system zones. Add new heads where
indicated.
C. Install new valves with connections to existing main line, new
piping and heads to create new sprinkler zones as indicated.
Provide and install wiring and new stand-alone controller to
serve new zones only.
1.02 QUALIFICATION OF BIDDER - LICENSING
A. The Bidder shall supply the name and license number of the
licensed irrigator who is responsible for the project with the
bid submittal. The irrigation installer shall be licensed in the
state of Texas or from where the Contractor is based. Out of
state licensing shall only be acceptable if the licensing state
shares reciprocity with Texas. A licensed irrigator or installer
shall be on the job site at all times when irrigation work is in
progress.
B. The Owner reserves the right to reject any bid if bidder is
not qualified based on the above given criteria.
1.03 SITE CONDITIONS
A. All utility and irrigation 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.
B. Water Supply - Water meters and main lines are existing. The
Contractor is responsible for any additional connections shown to
the main line. The connection shall be the same size as the
irrigation main, unless otherwise specified.
02811-1
C. Electrical Power Supply - The Contractor shall run power to
the new controller. Contractor must satisfy City of Lubbock
electrical codes for hook-up. The Contractor is required to have
a licensed electrician provide the electrical hook-ups.
D. New Irrigation lines crossing sidewalks shall be sleeved with
Schedule 40 PVC pipe twice that of the pipe when line is less
than six (6") inch diameter. Pipe to be large enough for
irrigation pipe and conduit for electrical control wires.
Sleeves shall extend at least twelve inches from under the
surface structure.
1.04 FIELD QUALITY CONTROL
A. The Contractor shall be responsible for all materials
furnished by him and shall replace, at his own expense, all
material found to be defective in manufacture or if it has become
damaged in handling after shipment.
B. The Contractor shall be responsible for the protection and
preservation of all plant material, monuments, and structures
during installation. Any damage shall be repaired or replaced by
the Contractor, at his own expense, to the satisfaction of the
Owner.
C. All trenching or any excavation is to be no less than six (6)
feet from the trunk of any plant material. If questions arise,
the Contractor shall contact the Owner for clarification.
1.05 SUBMITTALS
A. Shop Drawings: Contractor shall submit shop drawings to the
Architect before commencement of project. Shop drawings are to
include complete layout and detail drawings illustrating the
location and type of all head's, valves, piping circuits,
controls, and accessories.
B. Shop drawings are to indicate contractor's proposed routing of
control wiring from new zone valves to new controller. This
drawing will be reviewed and approved by city park personnel. Do
not begin installation until this approval is received.
C. Maintenance Materials: At the completion of the job, the
Contractor shall furnish spare parts, special tools, and
equipment required to operate and maintain the system.
C. Maintenance Data: The Contractor shall furnish two (2) copies
of parts list and repair manuals for controllers, valves, and
heads.
D. Project Record Document: The Contractor shall prepare "as -
built" plans of system after final inspection. Work to be done
on vellum paper with legend describing symbols for equipment."As-
built" plans shall be accurate. Inaccurate plans will not be
accepted. Final payment will not be made until "as -built" plans
are submitted and approved by Owner.
02811-2
PART 2 PRODUCTS
2.01 GENERAL
A. All specifications given for material are based on the
performance of the equipment. This is to assure the integrity
and proper hydraulics for which the system is designed.
B. All material to be new, unused, and current, except where
existing material is to be reused as indicated on drawings.
C. All material must be a standard product of a manufacturer.
D. The Contractor shall provide performance records to verify
equipment capabilities.
2.02 PRODUCT SUBSTITUTION
A. Request for consideration of substitution shall be made a
minimum of five days prior to bidding to allow investigation of
the product's acceptability and written notification to bidders
of record.
B. After the contract is awarded, no substitutions will be
considered. It will be the Bidder/ Contractor's responsibility
to assure the availabilty of specified product or substituion
before the bid date.
C. The Bidder shall provide the same guarantee for substitution
products as for products specified.
D. The Bidder shall coordinate installation of accepted
substitutions into work, making such changes as may be required
for work to be complete in all aspects.
2.03 PIPE MATERIALS
A. PVC Pipe: class 200, SDR 21 un-plasticized chloride, Type I,
Grade I.
2.04 FITTINGS
A. Epoxy Coated Main Line Fittings:
1. All supply line fittings shall be manufactured from electric -
resistance welded tubing with a minimum of 42,000-psi tensile
strength. All tubing used to produce fittings shall met ASTM-135
or ASTM-513 tubing specifications.
Tubing Size (diameter)
211
2-1/2" to 8"
Wall Specifications
.065" (16 guage)
.083" (14 guage)
2. Epoxy Powder shall be electrostatic applied to all surfaces
then baked at 350 degrees to a full cure. The fittings shall be
double coated to insure an average coating thickness of 3 to 7
millimeters.
02811-3
1
3. The contractor shall inspect the epoxy coating fitting to
insure no cracks, nicks, splits, scratches or fractures to the
interior are present. These abrasions are not acceptable.
4. Fittings with abrasions to the exterior epoxy coating shall be
approved by the Owner. The Contractor shall be responsible to
correct any small abrasions with a corrosion preventative product
51 and 50 "Scotchwrap" by 3-M or approved equal, before being
wrapped with the felt or equal.
5. The Contractor shall be responsible to maintain the integrity
of the fitting to insure that the epoxy coating does not become
damaged during installation.
6. All fittings to pressure rated for 200-psi maximum working
pressure.
7. Gasket shall be designed for pressure and vacuum with maximum
deflection (ASTM F-477)
B. All pipe must have manufacturer's markings clearly printed on
them during installation
C. All class 200 pipes must conform to ASTM. D-2241
D. All lateral piping under four (4) inches shall be solvent
weld. FA
E. All mainline piping four (4) inches and larger shall use
belled ends or belled couplings using rubber gaskets in twenty-
(20) foot laying lengths.
F. All fittings for four (4) inches or larger. mainline shall be
epoxy coated steel.
G. All fittings shall be pressure rated for 200-psi maximum
working pressure.
H. Gaskets shall be designed for pressure and vacuum with maximum
deflection (ASTM F-477).
I. PVC Fittings:
1. Schedule 40 fittings must conform to ASTM D-2466
2. Schedule 80 fittings must conform to ASTM D-2464
J. Three (3) X Four (4) Male adapters shall not be used.
2.05 SWING JOINTS
A. Nipples: Schedule 80 with molded threads on both ends, unless
specified otherwise in construction detail.
B. Elbows: (90 degree) Schedule 40 FIPT X FIPT.
C. Pre -fabricated swing joints are acceptable.
D. Lateral line fittings: Schedule 40.
E. Quick -coupler swing joints shall be galvanized.
2.06 VALVES
02811-4
3. Swing joints for quick coupling valves shall be made up using
galvanized pipe and fittings.
F. Use flexible risers on all fixed head pop-up sprinklers.
G. After piping is installed, but before outlets are installed
and backfill commences, open valves and flush system with full
head of water.
H. Dissimilar Material Piping Joints: Construct joints using
adapters that are compatible with both piping materials, outside
diameters, and system working pressure.
3.02 TRENCHING
A. Trenches to have straight, flat bottoms and be of sufficient
depth for sprinkler haead and operable swing joint.
B. Trench Size:
1. Minimum width: Six (6") inches
2. Minimum cover over installed supply piping: Eghteen (18")
inches.
3. Minimum cover over installed branch piping: Fourteen (14")
inches.
4. minimum cover over installed outlet piping: Fourteen (14")
inches.
5. Maximum centerline depth main line shall not exceed twenty-
four (24") inches at zone valves.
C. Pipe pulling is not acceptable.
D. All trenches and adjoining areas shall be hand raked to leave
the grade in as good or better condition than before construction
started.
E. All settling and low areas that occur within the first twelve
(12) months shall be the responsibility of the Contractor to fill
and level.
F. Trench to accommodate grade changes.
G. Maintain trenches free of debris, material, or obstructions
that may damage pipe.
H. Where rock or other undesirable material are encountered
trenches are to be over excavated by three (3") inches to allow
for a three (3") inch layer of finely graded sand under all
piping. After the piping is installed, finely graded sand shall
be placed around the piping up to a point three (3") inches above
the piping.
I. All trenches are to be inspected and approved by Architect or
Owner's representative before covering.
J. Trench digging machinery may be used to make trench excavation
02811-7
except in places where operation of same would cause damage to
existing structures either above or below ground; in such
instances, hand methods shall be employed.
K. The Contractor shall locate all existing underground lines
sufficiently in advace of the trenching to make whatever
provision necessary to prevent damage thereto. Extreme care
shall be used to prevent such damage to any such lines.
L. There will be no classification of, or extra payment for
excavated materials and all materials encounted shall be
excavated as required. Adjacent structures shall be protected
from damage by construction equipment. All excavated material
shall be piled in a manner that will not endanger the work or
existing structures and which will cause the least obstruction to
roadways.
M. The Contractor will be required to locate all known utility
lines far enough in advance of the trenching to make proper
provision for protecting the lines and to allow for any
deviations that may be required from the established lines and
grades.
N. Excess trench excavation, not used for backfill, shall be
disposed of by the Contractor, and at the Contractor's expense.
0. It is understood that the piping layout is dynamic and piping
shall be routed in such a manner to achieve the intent of the
plan.
3.03 LAYING OF PVC PIPE
A. The pipe is to be snaked from side to side of trench bottom to
allow for expansion and contraction of the pipe.
B. All foreign matter is to be removed from inside of pipe before
joining. Keep clean during laying operations by means of plugs
or other approved methods.
C. All lumber, rubbish, and large rocks shall be removed from the
trenches. Pipe shall have firm, uniform bearing for the entire
length of each pipeline to prevent uneven settlement.
D. Do not lay pipe in water, or when trench or weather conditions
are unsuitable for work.
E. When work is not in progress, securely close the open ends of
pipe fittings so that no trench water, earth, or other substance
will enter pipes or fittings.
F. Take up and relay any pipe that has the grade or joint
disturbed after laying.
G. Fittings at bends in the pipeline and at ends of lines shall
be firmly wedged agains the vertical face of the trench, but not
against rock.
02811-8
H. Make joints in all threaded fitting by applying Teflon tape on
male threads. Use of Teflon dope is prohibited.
I. Where threaded PVC connections are required, use threaded PVC
adapters.
J. There shall be no less than nine (9) inches of pipe between
any two fittings, except for close nipples used in swing joints.
K. No cross tees are to be used at any time.
L. On cut pipe, all burrs to be removed, tees and pipe to be
cleaned, and primer and solvent applied as to standard
application process.
M. After pipe has been sovent welded, do not apply water pressure
for a time less than that of the manufacturer's recommendation,
considering current weather conditiions.
N. All pipe shall be installed so that manufacturer's markings
are facing in the up position.
O. Excess PVC Solvent shall be removed from joints before drying
to prevent pipe weakening. Pipe connections made with excess
solvent will not be accepted.
P. Solvent welding will not be permitted if weather conditions
prevent joints from remaining free of dirt or moisture while the
joint is being made, or if the termperature is below that
specified by the pipe or solvent manufacturer's recommendations.
Q. All pipe shall have a one (1') foot minimum vertical
separation from all utility lines in close proximity.
3.04 RELOCATION Or EXISTING VALVES
A. Remove and relocate existing section valves as indicated on
drawings.
3.05 NEW SECTION VALVES
A. Install all new valves on a level grade with the mainline.
Valve boxes shall extend a minimum of three (3") inches below
bottom of valve. Valve box extensions shall be used as necessary
and shall be compatible with the valve box.
B. PVC unions shall be used for all connections through the exit
side of the section valve.
C. After installing valves and valve boxes, backfill holes with a
three (3") inch minimum washed gravel, three-quarters (3/4") inch
size up to bottom of valve.
3.06 QUICK COUPLER VALVE
A. Quick -coupler valve to be installed on swing joint. Top to be
flush with finish grade.
02811-9
3.07 SPRINKLER HEADS
A. All sprinkler heads to be installed at spacing indicated on
plans.
B. Sprinkler heads installed on swing joint assemblies shall be
installed so that the top of head is slightly above ground level
to allow for settling.
C. All sprinkler heads to be set to proper arc.
D. All sprinkler heads to be installed three (3) inches from
existing and/or proposed sidewalk.
E. Move any existing heads located in proposed sidewalk layout.
3.08 FLUSHING
A. The mainline and valves will be flushed after installation.
Full working pressure must be used to flush all lines. On a loop
system the two valves the greatest distance from the water source
will be opened. The Owner's representatives must be given -
twenty-four (2.4) hours notice before flushing begins so they may
be present for inspections. After mainlines have been inspected
and flushed, the lateral lines may be installed.
B. The lateral lines will be flushed just before the head
installation. The flushing procedure will consist of pointing
all swing joints away from ditch line to prevent contamination.
Next, open the valve with full working pressure and begin capping
each swing joint with a threaded cap, beginning with the swing
joint closest to the valve and ending with the swing joint the
greatest distance from the valve. Twenty-four (24) hour notice
must be give to Owner's representatives for inspection. -'
C. Flush pipes until free of all rock, dirt, trash, pipe
shavings, and debris.
3.09 LEAKAGE TEST
A. After pipe is laid, line is to be pressurized and all air v
expelled from line at highest point of each section.
B. Each line is to be inspected for leaks. Any joints showing
leaks shall be repaired and any cracked or defective pipes or
fittings shall be removed and replaced with new material. i
3.10 CONTROLLER
T
A. Locate controller as indicated on plans. �1
!_
B. Install a concrete slab four (4) inches thick flush to ground.
Install specified controller pedestal which is designed for use
with the specified controller.
C. Install rigid conduit from edge of slab, ell up through and
attach to the controller box. Provide one conduit for power j
source; one conduit for common/section wires.
02811-10
D. Power wire conduit to be 3/4" diameter rigid conduit to meet
city code.
E. One duplex plug shall be installed in the controller box.
3.11 WIRING
A. Control wiring routing layout shall be approved by Owner's
representative prior to commencement of wiring.
B. Control wires from controller to valves shall be laid in
sprinkler line trenches where possible.
C. All control wire to be installed at minimum depth of eighteen
(18") inch and directly alongside any pipe if the same ditch is
used.
D. Control wiring is to be taped together every ten (10) feet
along trench.
E. Expansion loops shall be made at every turn in the trench and
every 50 foot length of wire run by wrapping at least five (5)
turns of wire around a one (1) inch rod or pipe. Next, withdraw
the rod leaving turns in wire.
F. All wire connections or splicing work shall have moisture
proof connectors, and their location must be noted on the as -
built plan. Contractor shall minimize amount of splices.
G. Wire splices will only be allowed to occur within an
accessible control box. Inline direct burial splices will not be
allowed. Wire splices shall be DBY model as manufactured by 3M
Company or approved equal.
N. Common valve wiring shall be white through entire system.
I. Section valve wiring shall be red though entire system. White
wire may not be used as section wire.
J. All wire passing under existing paving, sidewalk, etc., shall
be encased in plastic conduit extending at least twelve (12")
inched beyond edges of paving or construction.
3.12 TESTING AND INSPECTION
A. Do not allow any of the work in this section to be covered or
enclosed until it has been inspected, tested and approved by the
Architect, Owner or Owner's Representative.
B. Prior to backfill, the main line and control valves in place
but before the lateral lines are connected, completely flush and
test the main line.
C. Fill the main line with water for a twenty-four (24) hour
period prior to testing.
02811-11
D. Pressure test main lines with 100 psi for a period of two (2)
hours. Allowable leakage shall be as determined by the formula
listed in AWWA C600. The Architect or Owner's Representative
will witness and approve all tests. Provide at least twenty-four
(24) hours notice in advance of all testing.
E. Provde all testing equipment and personnel required to
complete the testing procedure. Repeat testing as required.
F. Flush, clean, adjust, and balance all systems.
G. Adjust heads for proper coverage.
H. Potable Water Lines: Hydrostatic test for six (6) hours at
150 psi. There shall be no leaks whatsoever.
I. Double Check Valves shall be tested and certified, and two (2)
copies shall be provided to the owner as required by local,
state, and federal codes and ordinances.
3.13 BACKFILL
A. Trenches to be backfilled with the excavated earth from trench
work. All rocks and debris to be removed and no item larger than
one (1) inch diameter to be placed back in the trench. Backfill
is to be compacted and flooded to settle trench. The Contractor
shall add more backfill if needed to bring trenches to existing Fill
grade.
B. Backfill material shall be placed in 8-inch layers, moistened
if necessary, and thoroughly compacted with mechanical tampers
from the bottom of the trench to the finish grade to a density of
at least 95% of maximum density at optimum moisture as determined
by ASTM D698.
3.14 COMMISSIONING
A. Starting Procedures: Follow manufacturer's written procedures.
If no specific procedures are prescribed by proceed as follows:
1. Verify that specialty valves and their accessories have been
installed correctly and operate correctly.
2. Verify that specified tests of piping are complete.
3. Check that sprinklers and devices are correct type.
4. Check that any damaged emitters, valves and devices have been
replaced with new materials.
5. Check that potable water supplies have correct type backflow
preventers.
6. Energize circuits to electrical equipment and devices.
7. Adjust operating controls.
B. Operational Testing: Perform operational testing after
hydrostatic testing is completed, backfill is in place, and
emitters are adjusted to final position.
3.15 FINAL INSPECTIONS AND ACCEPTANCE
02811-12
i
I-,
A. Prefinal Inspection: When backfill and final grading is
completed, the Contractor shall demonstrate to the Architect and
Owner's Representative that the system meets coverage
requirements and that automatic controls function properly.
B. Final Inspection: After prefinal inspection has taken place
and all corrections and repairs have been completed by the
Contractor, the Contractor, Architect and the Owner's
Representative will again inspect system to check operation.
This procedure will be repeated until system operates to the
Owner's satisfaction.
C. Demonstrate to the Owner's maintenance personnel operation of
equipment, sprinklers, specialties, and accessories. Review
operating and maintenance information.
3.16 CLEAN-UP
A. Clean all exposed materials, equipment and enclosures which
are a part of the irrigation system.
B. Remove all construction material and equipment.
C. Prepare the site in an orderly and finished appearance.
D. Remove from site any rock or extra dirt and restore site to
its original condition.
3.17 GUARANTEE
A. The Contractor shall:
1. Make all needed repairs or replacements due to defective
workmanship or materials for exactly one (1) year following date
of final acceptance.
2. Be responsible for all expenses necessary for repairs and
replacement.
3. Pay all expenses incurred if the Contractor fails to act upon
a request from the Owner for repairs to system. If the
Contractor fails to do work within ten (10) days after request
has been made by the Owner, the Owner will proceed with repairs
and charge all expenses to the Contractor.
4. Pay for expenses incurred to project due to vandalism prior to
final acceptance.
02811-13
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 241h day of August, 2000 by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so,
hereinafter referred to as OWNER, and Lubbock Building Services Inc of the City of Lubbock, County of Lubbock and the
State of Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
BID #00-191 - CARLISLE PARK ADA RENOVATIONS (PHASE I) - $107,510.00
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.
/0
APPR(WED AS TO CONTENT:
I
Owner' Representative
APPROVED AS TO FORM:
City Attorney
ATTEST:
Cor orate Secretary /
amen o +rues
fr,L�..W-01
'/%
CONTRACTOR:
PRINTED NAME: dprry c-i-
�■ •
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COMPLETE ADDRESS:
Lubbock Building Services, Inc.
14302 S. Slide Road
Lubbock, Texas 79424