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HomeMy WebLinkAboutResolution - 5236 - Contract - Wallace Sprinklers Inc - Mcalister Ball Field Irrigation - 08/08/1996RESOLUTION NO.5236 August 8, 1996 Item #13 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract with Wallace Sprinklers, Inc. of Lubbock, Texas, to furnish and install all materials and services as bid for the McAlister Ball Field Irrigation, attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: % W, AN M. IT/. APPROVED AS TO CONTENT: V ctor Kilman, P chasing Manager APPROVED AS TO FO o ald G. Vandiver, Fir: Attorney DGV js/K-WSI.RES ccdocs/July 29, 1996 8th day of August , 1996. 0 CITY OF LUBBOCK SPECIFICATIONS FOR MCALISTER BALL FIELD IRRIGATION BID #13550 4ro .,z�.ff4ZWa Y" a Z Z 0 N W ' Q1 CITY OF LUBBOCKC+ � Lubbock, Texas City of Lubbock P.O. Box 2000 Lubbock, Texas 72457 606-767-2167 MAILED TO VENDOR: OLD CLOSE DATE: NEW CLOSE DATE: ITB #13550 - MCALISTER BALL FIELD IRRIGATION ADDENDUM #1 Office of Purchasing May 17, 1996 May 22, 1996 @ 2:00 P.M. May 29, 1996 @ 4:00 P.M. The following items take precedence over specifications for the above named ITB. Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Section 04 Irrigation System, 1. General, 6. Products, 6.2 Materials, B. Fittings, delete the following: 4. All piping under four (4) inch shag be solvent weld. 5. All piping over four (4) inch shall utilize belled ends or belled couplings using rubber gaskets in twenty (20) foot lengths. add the following: 4. All lateral piping four (4) inch and under shall be solvent weld. 5. All mainline piping four (4) inch and over shall utilize belled ends or belled couplings using rubber gaskets in twenty (20) foot lengths. 8. Three (3) X Four (4) Male adaptors shall not be used. 3. On the pians, Sheet 1 of 4, All pipe that is called out as being 3-11T shall be 40 . 4. On the plans, Sheet 1 of 4, in the Legend (left hand comer), SEE NOTE states, "Stub - Outs for future zones to include: 3" Dia. x 3'-0" length PVC pipe with cap, tee fitting and valve box with controller wire terminating in box for future zone. Typical. (as part of base bid)." 5. On the plans, Sheet 1 of 4, at the Control Panel it shall state, "The Owner shall provide Control boxes, Contractor shall install onsite as per detail." 6. On the plans, Sheet 1 of 4, at the Controller it shall state, "The Owner shall provide a 5'x 5' x 4' concrete vault, contractor shall pickup at City Warehouse and install on site. Double Check Valve shall be supported above one (1) foot min. of washed stone." 7. On the plans, Sheet 2 of 4, in the Details (left of page of center) it shows detail of Typ. Concrete Anchorage for Gate Valve with Cast Iron Valve Box and Cover (Western Iron Model #70). r I� E parch:addaid-.dx Y17/96 2:3i PM 8. The Closing date has been changed from 2:00 P.M. Wednesday, May 22, 1996 to 4:00 P.M. Wednesday, May 29,1996 All requests for additional information or clarification must be submitted In writing and directed to: Laura Ritchie Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806)767-2164 2HAK YOU, LUc a--- c1�A RITCHIE BUYER PLEASE RETURN ONE COPY WITH YOUR BID 6parch ddeoda.doc Y17196 IN PM i City of Lubbock P.O. Box 2000 Lubbock, Texas 7J457 606-767-2167 Office of Purchasing MAILED TO VENDOR: May 21, 1996 CLOSE DATE: May 29, 1996 @ 4:00 P.M. ITB #13550 - MCALISTER BALL FIELD IRRIGATION ( ADDENDUM #2 The following items take precedence over specifications for the above named ITB. Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. In the specifications, Section 05 Chain Link Fence, 1. General, 1.1 Scope of Project, Section A, please change the first sentence to read as follows: "A. Contractor shall supply all supervision, perform all work, fumish all labor, tools, materials, equipment, and incidentals necessary to fully and properly install steel fence at McAlister Park Athletic Field Renovations as described in the plans and specifications." 2. In the specifications, Section 05 Chain Link Fence, 2. Quality Assurance, 2.3 Backstop, Section A, please change to read as follows: r `:pwch:Wend-Ldoo 32U96 9:03 AM "A. The backstop shall have a minimum nineteen foot six inch (19'- 6") r vertical fence section complete with top, middle, and bottom rail. (NO CANTILEVER SECTION)." 3. In the specifications, Section 05 Chain Link Fence, 2. Quality Assurance, 2.8 Backstop B C: posts, add the following as sections and "B. All backstop posts shall be set a full forty-eight inches (48") in a fifty-two inches (52") deep concrete foundation having a minimum diameter of sixteen inches (16"). �► C. Backstop railing shall be set at fine feet (6) O.C. The rails shall have an outside diameter of 1.660 and weigh 1.82 pounds per linear foot and shall meet the same specifications of quality as line and terminal posts. The chain link fabric shall be tied to the top rail at intervals of twenty- four inches (24") with No. 9 gauge soft annealed galvanized steel tie wire." r `:pwch:Wend-Ldoo 32U96 9:03 AM G 4. in the specifications, Section 05 Chain Link Fence, 2. Quality Assurance, 2.12 Bottom Tension Wire, Section A, please change to read as follows: "A. Bottom tension wires shall be No. 7 gauge, galvanized steel coil spring tension wire, high carbon or hard drawn, ASTM designation A-116, Class 11, Galvanized or Aluminum Coated, fastened to the chain link fabric at intervals of eighteen inches (18') with No. 9 gauge galvanized hog rings. Bottom tension wire shall be installed along the 6' high fence section from the far end (furthest from home plate) of the dugout around the outfield to the other far end of the opposite dugout.' 5. On Addendum #1, please change item 6, to read as follows: "6. On the plans, Sheet 1 of 4, at the Double Check Valve it shall state, 'The Owner shall provide a 5'x 5'x 4' concrete vault, contractor shall pickup at City Warehouse and install on site. Double Check Valve shall be supported above one (1) foot rain. of washed stone." All requests for additional information or clarification must be submitted in writing and directed to: Laura Ritchie Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806)767-2164 PLEASE RETURN ONE COPY WITH YOUR BID S:perch:addenda.doc 321/96 9:04 AM THANK YOU, IJ LA RA RITCHIE BUYER City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 606-767-2167 MAILED TO VENDOR: CLOSE DATE: ITS 913550 - MCALISTER BALL FIELD IRRIGATION Office of Purchasing May 241996 May 29,1996 @ 4:00 P.M. ^ENDUM 03 /"11✓L. ti The following items take precedence over specifications for the above named ITB. Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. In the specifications, Section 04 Irrigation System, 6. Products, 6.2 Materials, Section D, Valves, Item #1, states as follows: '1. Double check with double gate valves (back flow prevention). (Febco 4' model 805YD or "approved equal')' The City of Lubbock 11 accept the Watts Series 709 as an approved equal. All requests for additional Information or clarification must be submitted in writing and directed to: Laura Ritchie Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be taxed to : (808)787-2164 THANK YOU, k Ev(i&rLAU TCHIE BUYER PLEASE RETURN ONE COPY WITH YOUR BID g.VmchmddmdU= Y24% 3:44 PM CITY OF LUBBOCK INVITATION TO BID FOR TITLE: MCALISTER BALL FIELD IRRIGATION ADDRESS: LUBBOCK, TEXAS BID NUMBER: 13550 PROJECT NUMBER 9125.9246 CONTRACT PREPARED BY: PURCHASING DEPARTMENT INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS SPECIAL CONDITION k��fl l yf� F ; d 1 r tr� 1 NOTICE TO BIDDERS 3� loft NOTICE TO BIDDERS BID #13550 Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street., Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 22nd day of May, 1996, or as changed by the issuance of formal addenda to all planholders, to furnish all Libor and materials and perform all work for the construction of the following described project: r` "MCALISTER BALL FIELD IRRIGATION" t After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. E. r VM a r 4 The City of Lubbock will consider the bids on the 24th day of June, 1996, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right toreject a� or all bids and waive any formalities. The successful bidder will be required to finnish 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 successfid bidder will be required to fiunish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 1005/a of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders soleppoonsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a pre-bid conference on 15th day of May, 1996, at 10:00 o'clock a.m.. in the Purchasing Conference Room L-04, Lubbock, Texas Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159x, Vemon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if r require assistance, please contact the City of Lubbock Human Relations Office at (806) 767-2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK VICTOR PURCHASING MANAGER Bid documents may be obtained upon request from the Purchasing Department at 162513th Street Room L-04, Lubbock, Texas 79401; Telephone (806)767-2167/Faz (806)767-2164. GENERAL INSTRUCTIONS TO BIDDERS I 9 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 MCALISTER BALL FIELD IRRIGATION. 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 INOU RUES No bidder shall request any information verbally. All written requests for additional information or clarification concerning this bid must be addressed to: LAURA RITCHIE BUYER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 FAX (806)767-2164 S. IDAE AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 60 (SIXTY" 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. 7. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bilis for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 8. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth m the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 9. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 10. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be famished 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 i 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 oease until the date of issuance to Contractor of City's certificate of acceptance of the project. t 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. r•• Explosive materials shall not be stored or kept at the construction site by the Contractor. 4 ' In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 16. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 17. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. 18. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract Which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 19. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rage 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 FORBID The bidder shall submit his bid on forms fumished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Bid for (description of the project). Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (1) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. J-1-I!kligm, i IV cl r r r if BID SUBMITTAL LUMP SUM BID CONTRACT PLACE: 2?L4 h s1Py' to (I &Zof DATE: S PROJECT NUMBER: 13550 - MCALLSTER BALL FIELD IRRIGATION Bid of (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a ill,—-s— having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. BASE BID: Complete new underground irrigation system to include all material, equipment, later and supervision necessary to provide a fully operational system as indicated on the plans and specification. (Base Bid does not include control valves, sprinkler heads or branch piping as indicated by the plans for Alternate No. 1, 2, 3, & 4). Base Bid does include control valve boxes, control valve wiring and fittmgs with plugs for control valves for Alternates as indicated on the plans for a lump sum price: hRATERIALS: yw6y-' �� �. ;Z-Zae2o a� SERVICES: I .ua.r/�/T� %b/� T�I�6uh� %�",'sl •�� �,9%� ) TOTAL BASE ALTERNATE #1- Furnish and install new irrigation system (to include all materials, equipment, labor and supervision) complete in place: (Four zones covering the perimeter of the ballfields; sheet 1 of 4.) MATERIALS: li/V e-tT �-,eJ- ,�� � A, -e A _ . _ .. .O A . EST D r r 7 I ALTERNATE #2 - Furnish and install new irrigation system (to include all materials, equipment, labor and supervision) complete in place: (One zone West of the parking lot to ballfields; sheet 1 of 4.) ($ -22 TOTAL ALTERNATE NO.2 (ADD): aa, -e (S 2-2-S-3- itu) �,o � ,o ALTERNATE 43 - Furnish and install new linfy k encs (to include all materials, equipment, labor and supervision) complete in place; as per plan, sheet 3 of 4: �+ MATERIALS: TOTAL ALTERNATE N3 (ADD):%� (S ALTERNATE #4 - Open and close trench for el conduit (to i; cX& all materials, equipment, labor and supervision) complete in place; as per plan, sheet 4 of 4: (Conduit by Owner) %..� MATERIALS: 2u1.�+-�( Q'�-� cS r� • — ) 119%-, SERVICES: SERVICES: �Q-� • ) TOTAL ALTERNATE NO.4 A 2 iD c7 -9,0 1 (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 60 (SIXTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $200.00 (TWO HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more frilly set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 21 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. r Enclosed with this bid is a Cashier's C eck or Certified Check for Dollars ora Bid Bond in the sum of Dollars ($ o which it is agreed shall be collect retained. by the Owner as liquidated damag6s id the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. r Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. (Seal if Bidder is a Corporation) CA�Secretary r jAkignatikm e - e (Printed or lyped Name) G e rtj Pis CZ%D- `?7 - % =4 /-4 6riftr 6�� �C°-29y�3 State�� _ 7Z .,p Code Telephone: Fax Number s 7 S - -7,,X6 n LIST OF SUBCONTRACTORS Minority Owned Yes NO ❑ M-- 0 0 0 0 ❑ ❑ 0 0 0 ❑ 0 ❑ 0 0 ❑ 0 ❑ 0 i L. BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, WALLACE SPRINKLER INC. (hereinafter called the Principal), as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Arizona, and duly license: for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of TEXAS as Surety, are held and f irmly bound unto CITY OF LUBBOCK (hereinafter called the Obligee) in the just and full sum of FIVE PERCENT OF THE GREATEST AMOUNT BID---------- Dollars ($---------5%--------) lawful money of the United States of America, for the payment of which well and truly to be made, we hereby bind ourselves and each of our successors and assigns, jointly and severally, firmly be these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit the Obligee a bid or proposal for the MCALISTER BALL FIELD IRRIGATION _ BID #13550 in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void: otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and -said Surety have caused these presents to be duly signed and sealed this MAY , 1996 . FBDB 600201 7 22ND day of WALLACE SPRINKLER,.INC. B � WASHINGTON INTERNATIONAL INS C OMPANY By KEVIN DUNN, ATTORNEY-IN-FACT 6a,era t �• WASHINGTON INTERNATIONAL INSURANCE tL7{PANT t POWER OF ATTORNEY KNOW ALL HER BY THESE PRESENTS: That the Washington international Insurance Coepany,a corporation organized and existing under the laws of the State of Arizona, and having its Principal office in the village of Schaumburg, Illinois, does hereby constitute and appoint • • NCWARD COWAN, KEVIN DUNN AND KULA KILL • • its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings. recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which -are e• =-f be aitta.ld, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington international Insurance Company as fully and amply, to all intents and purposes, as if the some has been duty executed and acknowledged by its President at its principal office. This Power of Attorney shall be limited in amount to 52,000,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, Juty 3, 1980 and October 21, 1986 which read, in part, as follows: 1. The President may designate Attorneys -in -Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory•in the nature thereof, and to appoint Special Attorneys- in- Fact, who are hereby authorized to certify to copies of any power -of -attorney issued in pursuant to this section and/or any of the By -Laws of the Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revoke the authority given him.' 2. The siprsatures of the Chairman of the Board, the President, Vice President,. Assistant Secretary, Treasurer and secretary, and the corporate seat of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bord or undertaking bearing such facsimite signature or facsimite seat affixed in the ordinary course of business shalt be valid and binding upon the company. Ill TESTIMONY corporate sea . �c.. G� z CORPORATE :'S o : SEAL YrZ jPJ !� y..,y�•.c.s.•• b e CYA7liTT OF `QjKF �► l STATE OF gton International Insurance Company has caused this instrument to be signed and its its authorized offipFr, thtsAth day of November, 1992. TIONAL INSURANCE COKPANY On this 18th day o*Mv- ber, 1992, before arc came the individual who executed the preceding instrument, to me personally known, and, being by me duty sworn, said that he is the therein described and authorized officer of the Washington Intentationat Insurance Company; that the seat affixed to said instrument is the Corporate Seat of said Cospony; IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seat, the day and year first above written. "OFFICIAL SEAL"Gw.: , l'�(�� CNR15TiNE ZARETSKY �istine Zaretskyt Notary Public.`' Notary Fabric. State of MAGis Ky Commission Expires October 7,- 1996 Aly Comm ii:sh Emacs 10.7.96 } %___'- r"+'�''F� d'''i"•s'"r-'GE1liTPiCATE STATE OF ILLINOIS ) COIAtTY OF COOK ) t, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE CONPANY, an ARIZONA Corporation, 00 HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III, Section S of the By -Lava of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed in the County of Cook. Dated t day.of , 19 Lewis X. Moeller, Secretary PAYMENT BOND BOND CHECK BEST RATING _ LICENSED I TEXAS DATE . y STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE r (CONTRACTS MORE THAN $25,000) KNOW ALL MEN BY THESE PRESENTS, that'Wakw-e (hereinafter called the Principal(s), as (hereinafter ed the Surety(s) Surety( are i an fig rny bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of ollars (S �� S• °°) lawful money of the United States for the payment whereof, the saidPriffidpal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, Jointly and severallY, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of 19�, to A; -4'-� e- Oi-Ato -4. &B J6id and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, BEFORE, 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; W PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this /tO day of Principal s r' *13y'y' itle) HOWA COWAN (Title) ATTY IN FACT B,.2{ r"" (Title) By: (Title) d r„ The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates }-TOWARD COWAN an agent resident in Lubbock County to whom any requisite notices may be delivered and oji whom service of process may be had in matters arising out of such suretyship. a44 — 4--c" O Surety By: (True) HOWARD COWAN ATTY IN FACT, * Nott O Meed by officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation If signed by an Attorney in Fact, we must have copy of power of attorney for our files. . General WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OF ATTORNEY. KNOW ALL XEN BY THESE PRESENTS: That the Washington international Insurance Company,a corporation organized anc existing under the laws of the State of Arizona, and having its principal office in the Village of Schau-curg. Illinois, does hereby constitute and appoint - • HOWARD COWAN, KEVIN DUNN AND KARLA HILL - - its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and ail bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are c- ---f be aiLa:�_, required, or permitted by law, statute, rule, regulation, contract or otherwise, ane the execution of such instrtment(s) in pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its President at its principal office. This Power of Attorney shalt be limited in amount to 12,000,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted [larch 22, 1978, July 3, 1980 and October 21, 1986 which read, in part, as follows: 1. The President may designate Attorneys -in -Fact, and authorize them to execute on behalf of the company, and attach the Seat of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory•in the nature thereof, and to appoint Special Attorneys- in•Fact, who are hereby authorize_to certify to copies of any power-of-attorney issued in pursuant to this section and/or any of the By -Laws of the Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney - in - Fact and revoke the authority given him.• 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary. and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seat affixed in the ordinary course of business shall be valid and binding _ the compwTy. IN TESTIMONY WHEREO". ashington Internatfonat Insurance Company has caused this instrument to be signed and its corporate ses[© itsauthorized ofr, this th day of November, 1992. .r ���'•.--*0-8*••%t��; ON I TIONAL INSURANCE COMPANY CORPORATE`, z # ea— S £iL �` St . P: rson, vice President STATE of Ifr� ISS. �AR>ZOIIA o�� calJllTT of On this 18th day oiNMember, 1992. before ate came the individual who executed the preceding instrument, to se perianally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the i1 Nashington International Insurance Company: that the seat affixed to said instrument is the Corporate Seal of said . t013panY: i r IN TESTIMONY WHEREOF, I have hereunto set sty hand and affixed my Official Sea[, the day and year first above written. "OFFICIAL SEAL" 6 CHRISTINE ZARETSKY r ' R Oftw Koury FOR. State of fIrmois �1C ttstine Zaretsky; Notary Public. My•Ccr=ission Expires October 7.--1996 IJAY Ca+am'ssoil Espies 10-7.96 ./'.R.saF>� aFas-.a►.rtfRT[fltATE STATE OF ILLINOIS ) COLAITY OF COOK I. the undersigned. Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, 00 MEREST CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Artiete III, Section 5 of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed in the County of Cook. Dated t? 16TH day of J' US, 19 96 , Lewis M. Moeller, Secretary 'V1. •:3CIL, 4l :0 11 i r �1 4 k� A-nd 770, 6-s60-a�36 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $ 100,000) KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and (hereinafter ed the Surd S s), hold and firmly bound unto the City of Lubbock (Mreinaft& called the Obligee), in the amount a liars (S 9T lawful money of the United States for the payment whereof, the said Principal Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 9 INy of 19_, to and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. * By: IN WITNESS OF, the said Principal (s) and Surety (s) have signed and sealed this instrument thW ff � of gZ,,x .l9q(. "AMR, Principal HOWARD COWAN ATTY IN FACT By. (Title) l The ed surety company represents that it is duly qualified to do business in Texas, and hereby designates r" ��IOWAR D C gent resident in Lubbock County to whom any requisite notices may be delivered and o whom service of [ process may be had in matters arising out of such suretyship. G(A � /r Surety *By: P- Approved as to Form !' City of Lubbock �• Ci ttonney HOWARD COWAN ATTY IN FACT * Note: If signed by an offioer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. CERTIFICATE OF INSURANCE I I AMP ORMe Baler4arson Warman Agency 4303 a2nd 89 Safte 4H0 Lubbock fX TS42"200 Welleac Sprinkler Systems, tho. P. O. Box 53821 Lubbook rx "412 1'r7,4 r.,S w Vi a . WN, ft 081221 8 F......... ........ ...... .... . . .. .. .. .. .. GIFITIFICATE IS HUED AS A MATTER OF INFORMATION ONLY AND ,118 NO RIGHTS UPON THE CERMCA7E HOLDER. THIS CElTMCATE NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED By THE ..... . . ................ ........... ..... ....... . ........... I ....... .......... .... .. . . ..... .. . ............. COMPANIES AFFORDING COVERAGE .. . .................................... ...... ........... ....... ......... . ...... ... ...... .......... . ... ..... . . . ...... Ler"MA W A POTOMAC INS. 00. Of d-Uff 7 LE Ll 61; LE Crrr OF LUBBOCK EE P. Q. box 9000 LUBNOCK TX 79457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED ED BERM THE EXPIRATION DATE THEREOF. THE ISSUINS COMP.4MY WILL jXWL*0KXWj0O= MAIL DAYS WRITTEN NOTICE TO THE CEIRMCATE HOLDER NAMED TO THE LEFT, —iWiEi6js'-6F -- --- ---- --- - - THIS1iiiiiim7F� THAT THE LISTED BELOW MAV! SEEN ISSUED TO THE INSURED NAMI!D ABOV9 FOR TIE FOLICY PERIOD THIS wDiCA10. NOTWffMSTANDING MY REQUIREMENT, TERN! OR CONDITION OF Ak'f CONTRACT OR MER DMIUMENT WrrH RESPECT TO VMICH CERrI9aATE MAY BE Lssugl) OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS, INCLUSIONS AND C014DMONS OF SUCH POUCIES. "UNITS SHOWN MAY HAVE BEEN REDUCED SYTAM-CIAMS . ............................. I . ............. .... —.1.11.111.1 SUCH .................... ......... ... .................... . . ......... . .... . .......... . .. . ... . . ....... . ... .............. ....... CO POLICY 6MCM 4P=v RXPIRASION Llmn TrPEOF KWAAME PO= NULBER LTR; i .......... .. ... .................. . ..... ......... .................. . ..... . DM W=On................... ........ I .... .. ...............0AW OWMICOn .......... .......... . ....... .W ........ ........... ............................. .. ...... ............... . . ... GENELML" 1 04/01J96 04/01/97 i MGRAL AMMA-M 2.000,000 A: X CCLW=LAL CDOUL LmLny ACIM :9 a 000 000 .......... CLAMS MADE r :OCCUR.! .. ........ . . ............ L & ADV. NJUFrf 1,000,030 COMACTOmrs PROT. OCCUwa= is ........... ................ ....... .. .... .... 9= DMACC VU -y wis fks; 5D,030 am psw0;5 I 5.000 ....... . ..... . .................................................. ........... ................ ........... A AV70MLE LUBLRY 04/01/96 04/01197 Jr':AWAUTO ........... ............. . . ....... . . ..... ............... CWON91; SINM LIMIT 1 530,000.. ... ........... — .................. . . ........... ........ —.1 . ......... . ..• :ALL C4VN= AUTC8 i S=Ly OWURY WAMXUM AVTOS (For Immoo If HMO AVICS Jf' NON OWNED ALP= --; ................................ .... Q=Y NQUIRY fa O=WN GmaE LABILITY "4wftmvf DA)AA9X .... .......... . .................................... ... ........... ........ ............. .. .. ......... .... Cmw Lwwy BINDER WH 60*Aw X7E =t 1,000 '03 0 1000,000 UMM.LA FM CfTw" TKM limm-LA FORM WORKIR5 COMMINIIAIM ............ EIZH AC L40W 500,000 04/01/96 04/01/97 AND camp -sr - FOLL-f umm A 5 O. D00 RX4ZVM UABLaY ............. ........•...... ......... 500,000 MIR DEWRPTONOFOPMATW&t0CAMOmvvw"C1- ADDITIONAL INSURED & WAIVER OF SUIRGATIOM(GENEAL LIABILITY & AUTOMOBILE LIABILITY), Wjk%Vl* OF KMRCGATION (WORKERS COMPENSATION): CITY OF 6U8VCCK Crrr OF LUBBOCK EE P. Q. box 9000 LUBNOCK TX 79457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED ED BERM THE EXPIRATION DATE THEREOF. THE ISSUINS COMP.4MY WILL jXWL*0KXWj0O= MAIL DAYS WRITTEN NOTICE TO THE CEIRMCATE HOLDER NAMED TO THE LEFT, j"wrIvIi 11® :::......................:................................................................... PRODUCER Buffer -Carson Insurance Agency w 4505 82nd St Suite #10 Lubbock TX 79424.2200 :%• ::`•: asE:E::':: ?:::: `E':E E:i'•': i'•i:i2:?:E::::: DATE ""DIM....r►( 08/12/96 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A POTOMAC INS. CO. OF ILLIN INSURED COMPANY Flallace Sprinkler Systems, Inc. B P. O. Boz 53821 COMPANY Lubbock TX 79453 C COMPANY A•" D :.:..::.:..:.:..::::.::.::.:::.:::...:.:...::::::::,::..:>.::::::::.:::::::.:.::::::.:.:........:....................................................................................:..:..::....:::.::::::....................... ......................... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMIDDNY) DATE (MM/DD/YY) A GENERAL LIABILITY TPP1145482-00 04/01/96 04/01/97 GENERAL AGGREGATE Is X COMMERCIAL GENERAL LIABILITY CLAIMS MADE F x OCCUR OWNERS 6 CONTRACTORS PROT A AUTOMOBILE LIABILITY BA0253660-00 X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY 7 ANY AUTO 1 EXCESS LIABILITY AX UMBRELLA FORM BINDER OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY A WC0146757-00 THE PROPRIETOR/ INCL PAMEPUSSECUTIVE OFFICERS ARE: EXCL OTHER DESCRFrnON OF OPERATIoNs&OCATIONSNEHICLES/SPECIAL ITEMS JOB: MCALISTER BALL FIELD IRRIGATION EACH OCCURRENCE 08/12/96 1 04/01/97 S 04/01/96 04/01/97 EL EACH ACCIDENT EL DISEASE - POLICY LIMIT EL DISEASE - EA EMPLOYEE 2,000,000 2,000,000 1,000,000 1,000,000 50,000 5,000 500,000 1,000,000 1,000,000 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, TX 79457 BUT FAILURE TO MAIL SUCH N SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE ESENTATNES. AUTHORIZED REPEL 500,000 500,000 500,000 PRODUCTS - COMP/OP AGO S PERSONAL & ADV INJURY i EACH OCCURRENCE S FIRE: DAMAGE (Any one fire) S MED EXP (Any one person) $ 04/01/96 04/01/97 COMBINED SINGLE LIMIT S BODILY INJURY S (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE S AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: EACH OCCURRENCE 08/12/96 1 04/01/97 S 04/01/96 04/01/97 EL EACH ACCIDENT EL DISEASE - POLICY LIMIT EL DISEASE - EA EMPLOYEE 2,000,000 2,000,000 1,000,000 1,000,000 50,000 5,000 500,000 1,000,000 1,000,000 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, TX 79457 BUT FAILURE TO MAIL SUCH N SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE ESENTATNES. AUTHORIZED REPEL 500,000 500,000 500,000 MORTGAGEE ADDITIONAL INSURED LOSS PAYEE H I LOAN * AUTHORIZED REPRESENTA CORDON BAW 00 .... ................... "', ' ' ' ' ' ... ....... ... .... .. ......... .: .1i .............. ...... - DATE (MM/DDNY) W ............... 1. . .. ..... 08/12/96 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCERPHONE (AC No, Ed: COMPANY BINDER it POTOMAC INS. CO. OF ILLIN 081296.06 Butler -Corson Insurance Agency EFFE EXPIRAin 4505 82nd St Suite #10 DATE DATE TIME 7� AM X 2,01 AM Lubbock TX 79424.3200 08/23/96 12:01 pm 04101/97 NOON THIS BINDER 6 ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY CODE: 923910 SUB CODE: PER EXPIRING POLICY #: AGE CUSTNOCYMER ID: INSURED CONTRACTOR: WALLACE SPRINKLER SYSTEMS, INC. CITY Of LUBBOCK P.O. BOX 2000 Lubbock TX 79457 .. .... . . ... :::::::COINS TYPE Of INSURANCE COVERAGUORMS AMOUNT DEDUCTIBLE % PROPERTY CAUSES OF LOSS EIBROAD EISPEC LBASIC GENERAL LMIL17Y GENERAL AGGREGATE $ 250,000 COMMERCIAL GENERAL LIABILITY PRODUCTS - COMPIOP AGG $ 250,000 7 CLANS MADE Fir OCCUR PERSONAL & ADV INJURY X OWNERS & CONTRACTORS PROT EACH OCCURRENCE S 250,000 FIRE DAMAGE (Any one fire) RETRO DATE FOR CLAIMS MADE: MED EXP (Any one person) $ AUTOMOBILE ILLABILITY COMBINED SINGLE LIMIT 411 — ANY AUTO BODILY INJURY (Per person) $ — ALL OWNED AUTOS BODILY INJURY (Per accident) 3 SCHEDULED AUTOS PROPERTY DAMAGE 3 HIRED AUTOS MEDICAL PAYMENTS $ ED AUTOS PERSONAL INJURY PROT L UNINSURED MOTORIST AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES Li SCHEDULED VEHICLES ACTUAL CASH VALUE COLLISION: STATED AMOUNT $ OTHER THAN COL: OTHER GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ON ANY AUTO... -EHER THAN AUTO ONLY ...... . ...... . ......... .............. . S EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF -'-INSURED RETENTION TSTATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT AND EMPLOYER'S LLABLfTY DISEASE - POLICY LIMIT $ DISEASE - EACH EMPLOYEE $ MIAL, OfT DNS/ RVERAGES A . .. ......... .......... ......... ......... MORTGAGEE ADDITIONAL INSURED LOSS PAYEE H I LOAN * AUTHORIZED REPRESENTA CORDON BAW 00 IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 FAX # (512)475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. r k CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Appropriate Insurance Agent/Broker Prior to Award of Contract " I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed ti by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by contractor, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. r tl Agent (Signature) Agent (Print) Name of Agent/Broker- Address gentBroker Address of Agent/Broker: City/State/Zip: Agent/Broker Telephone #: ( ) Date: CONTRACTOR'S NAME: (Print or Type ) CONTRACTOR'S ADDRESS: NOTE TO AGENT/BROKER If this time requirement is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806)767-2165. BID 613550 - MCALISTER BALL FIELD IRRIGATION r 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 overage 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 overage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; () 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 overage 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 r to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation imsurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at S 12/440- 3789 to receive information on the legal requirement for 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 r coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (f) 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. 0 r No Text r CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 8th day of Au2ust.1996, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and WALLACE SPRINKLERS, INC. of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR WITNESSETH: That for and inconsideration 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 # 13550 - MCALISTER BALL FIELD IRRIGATION - $39,975.00 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 gt. 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: Co ate S CITY OF UBB CK, XAS (OWNER) By: MAYO TEM CONTRACTOR WALLA SPRINKL , INC y: 'C PRINTED NAME: , G w ue TITLE: / COMPLETE ADDRESS: Wallace Sprinklers, Inc. 4210 97th Place Lubbock, Texas 79423 CFNERa CONDITIONS OF THE AGREEMENT f, GENERAL CONDITIONS OF THE AGREEMENT Whenever the word Owner, or the expression Parry of the First Part, or First Parry, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or the expression Parry of the Second Part, or Second Parry, is used, it shall be understood to mean the person, persons, co partnership or corporation, to -wit: WALLACE SPRINKLERS, INC. who has agreed to perform the work embraced in this contract, or to his or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, under whose supervision these contract documents, including plans and specifications, were prepared, and CRAIG WUENSCHE, PROJECT LANDSCAPE ARCHITECT who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not rdirectly supervise the Contractor or men acting in behalf of the Contractor. ` 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. �^ 6. SUBCONTRACTOR i The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. 8. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. AL YQUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to ",.'make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents.. Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. ii 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that. the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to r., insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representatives' estimates and findings shall be conditions precedent to the right to any action on the contract, and to any rights of the Contractor to receive any money under this contract. ,r• The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. 15. ST TPERINTENDENCE 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 j^ such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the i 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, r supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. �^ 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE ° The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all {- risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING I It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecutionof the work, and the general and local conditions, r• and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any } officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. POO 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever theOwner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 24. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be bome by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the r.. Contractor's expense. r• 9 k Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve f the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES . It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at ,r• 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. N they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: -' Method (A) - By agreed unit prices; or Method (B)- By agreed lump sum, or Method (C) If neither Method (A) or Method (B) be agreed upon before the: extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15°/") percent. In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The C` s; 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'/0, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field oast." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereoC as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his bid to complete the work in accordance with these plans and specifications. It is further understood that any request for clarification must be submitted no later than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and -- others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons 1 r or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor, inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of his.duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $250.000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. For bodily injuries, including accidental death and or property damage, $250.000 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than, Bodily Injury/Property Damage, $250.000 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of 0°/a of the total contract price (100°/a of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $500.000 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500.000. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 0406.096) - includes all persons or entities J' performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, — motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodUnrage 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 4. if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended �,.. S. The contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing . services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the average period shown on the current certificate of coverage ends during the duration of the project. t` 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. S. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers, Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the contractor. (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year r• thereafter, 1 s 4 f (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and (g) contractually require each person with whom it contracts to perform as required by paragraphs (1) - (7), with the certificates of overage 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 overage, 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 overage 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. (S) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project !- based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental �. E 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 oontractoes current certificate of coverage ends during the duration of the project; :k (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 r 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, Y (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 r provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE �,... "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance" This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their �+ employer or status as an employe" e , "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the ` required coverage, or to report an employer's failure to provide coverage." and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the 1'` project, for the duration of the project; 29. 30. (ii) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (iv) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. DISABLED EMPLOYEES Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATEMALM EN. AND FURNISHERS OF MACHINERY. EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the ping paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner, provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' f' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. ASSIGNMENT AND SUBLETTING �- The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $200.00 (TWO HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work 8 is expressly understood and agreed, by and between Contractor and the Owner, that the. time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic change and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is 0 agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the ,several parts of the work and estimated dates of completion of the several parts. 36. EXTENSION OF TIME The Contractor agrees that he has submitted his bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the Contractor supported by all requested documentation shall then consider such written request and respond to Contractor in writing granting or rejecting the request for an extension of time to complete the project. 37. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. OUANTTI IES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, .. they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be F; 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 r project. 39. PROTECTION OF ADJOR41NO PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the r� existence or character of the work G 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the t Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by hien and for well and truly performing the same and the whole thereof in the manner and according to this agreement; the attached specifications, r. plans, contract documents and requirements of Owner's Representative. P 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performanceof the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness'in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical r- the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less S% of the amount thereof, which S% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage due Contractor. 43. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (3 1) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shah inspect the work and within said i rw P i Y time, if the work be found to be completed or substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (3 1) days to issue a certificate of acceptance of the work to the Contractor. 44. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the 31st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this contract or required in the specifications made a part of this contract. 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Ownerspremises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. N Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 46. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 47. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 48. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents. 49. ABANDONMENT BY CONTRACTOR Pon In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from ' the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools,' materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of }„ the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In rase such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner, or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shell be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certificate of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereon together with an itemized list of such equipment and materials shall be mailed to the p Contractor and his Surety at the respective addresses designated in this contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 50. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the attached bid, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 51. BONDS The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so furnished. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 53. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 54. DWEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative 55. 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 he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. i ( UPMENT WAGE DETERNIINATI4NS 1).CJV lU L 1U,I .V• ./��+ March 14, 1996 f Item #19 h RESOLUTION i WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's POOi Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 1; 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by Resolution No. 2502 enacted January 8, 1987; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: Exhibit A: Building Construction Trades i Exhibit B: Paving and Highway Construction Exhibit C. Overtime Rate Exhibit D: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and { such wage rates shall be included in all public works contracts as provided by law. w . . Passed by the City Council this 14th ATTEST: i&d-, I I avv� Betty M. J nson, City Secretary APPROVED AS TO CONTENT: Mary AndrYws, Managing Director of Human Resources APPROVED AS TO FORM: �i I a old Willard. Assistant City Attorney HW:da/ccdocs/pubworks. res February 14. 1996 I x:11: City of Lubbock Building Construction Trades Prevailing Rates Grafi Hourly Rate Acoustical Ceiling Installer 10.00 Air Conditioner Installer 11.00 Air Conditioner Installer -Helper 5.50 Asbestos Worker 8.00 Asbestos Supervisor 11.00 Bricklayer 11.00 Bricklayer -Helper 6.00 Carpenter 11.00 Carpenter -Helper 6.00 Cement Finisher 7.50 Drywall Hanger 10.00 Electrician 13.00 Electrician -Helper 6.00 Equipment Operator -Heavy 8.50 Equipment Operator -Light 7.50 Floor Installer 8.50 Glazier 8.00 Insulator-Piping/Boiler 9.00 Insulator -Helper 5.50 Iron Worker 8.00 Laborer -General 5.50 Mortar Mixer 5.50 Painter 9.50 Plumber 10.50 Plumber -Helper 6.00 Roofer 8.00 Roofer -Helper 5.50 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 Welder -Certified 10.00 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates raft Hourly Rate Asphalt Heaterman 6.00 Asphalt Shoveler 5.50 Concrete Finisher 7.35 Concrete Finisher -Helper 5.75 Electrician 10.50 Nagger 5.50 Form Setter 6.50 Form Setter -Helper 5.50 Laborer -General 5.50 Laborer -Utility 6.25 Mechanic 7.25 Mechanic -Helper 5.50 Power Equipment Operators Asphalt Paving Machine 7.00 Bulldozer 7.00 Concrete Paving Machine 7.00 Front End Loader 6.50 Heavy Equipment Operator 7.00 Light Equipment Operator 6.50 Motor Grader Operator 8.50 Roller 6.00 Simper 6.50 Tractor 6.50 Truck Driver -Light 6.00 Truck Driver -Heavy 6.50 x:11: Prevailing Wage Rates Overtime Rate The rate for overtime ('1n excess of forty hours per week) is 1 1/2 times base rate. x:11: Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. w SPECIFICATIONS r c McAlister Park Athletic Field Parks Capital Project - 1995 Parks & Recreation Department City of Lubbock, Texas SECTION O1 SUMMARY OF WORK 1. General 1.1 Scope of Project A. Contractor shall supply all supervision, perform all work, furnish all labor, tools, materials, equipment, and incidentals necessary to fully and properly perform all demolition, and construction at McAlister Park, and as described in the plans and specifications. All construction and other work shall be completed in accordance with all governing codes and ordinances, with the best engineering and construction practices, including material mfrs. recommendations for installation and workmanship, for the skill or trade involved. B. We request that your proposal be made in conformance with the guidelines contained in the specifications and on all plans. The contract will be awarded to the company with the proposal determined to be the most advantageous to the city of Lubbock. 1.2 Work Included: A. Section 01 -Summary of Work B. Section 02 - Product Substitution C. Section 03 - Earthwork and Grading D. Section 04 - Irrigation E. Section 05 - Chain Link Fence 1.3 Additional Information A. All information under General Instructions To Bidder, General Conditions of Agreement, and Special Conditions apply to this section. B. Bidder shall be prepared to send owner a price breakdown of any and/or all items on which he has bid. Price breakdowns will only be requested after the bid opening has taken place. C. These plans and specifications were prepared by the Parks Department (which shall be called Owner). Owner shall verify all construction stakes for locations of elements at project sites. 2. Quality Assurance 2.1 Contractors on Site Responsibilities A. Contractor shall take all precautions necessary to protect remaining trees, utilities, etc., in the area where the work is being done or that may be located adjacent to or in -route across park property to the job site. The Contractor shall rebuild, restore, and make good at his own expense, all injury and damage to same which may result from work being carried out under this contract. B. The Contractor and employees shall not park on unsurfaced park property and shall not drive vehicles across park land unless it is directly necessary to deliver materials to the job site. C. The Contractor shall take all necessary precautions to insure the safety of any park visitors during the demolition, construction and clean-up operations. The Contractor shall maintain and keep in good repair the work intended under these Plans and Specifications and shall perform all necessary repair, construction, and renewal to the date of acceptance by Owner. D. Any 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. E. Contractor shall be responsible for protection of unfinished work and shall be responsible for the safety of individuals utilizing the unfinished equipment. Contractor shall, at his own expense, furnish and erect such barricades, fences, lights, and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. F. The contractor shall be responsible for all damage to work due to the failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by the contractor at his own expense. The contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to contractor of City's certificate of acceptance of the project. G. Contractor shall be responsible for removal, hauling, and disposal of all debris and unusable material from proposed construction and demolition areas as shown on plans and in specifications. Owner shall retain the right to any existing materials deemed to have value. H. Contractor shall be responsible for inspection of site, to verify all existing conditions. Contractor shall be responsible to fully and properly complete all work as described in the specifications and shown on plans. I. To furnish and supply all supervision, equipment, and labor necessary to perform excavation, grading, backfill, compaction, and stock piling of material as specified herein and on the plans. 2.2 Product Delivery, Storage, and Handling A Protect all materials from inclement weather: wet, damp, extreme heat, or cold, theft, damage, or vandalism. B. All manufacturer's labels, installation instructions, and shop drawings shall be in included for each item ordered. 2.3 Equipment Check A. The Contractor shall, one week after installation of equipment, check that all parts are secure and are in good working condition. 2.4 Clean-up A. Demolition debris shall be removed from the site prior to commencement of construction work B. Within three days after completion of site, the contractor shall clean, remove rubbish and temporary structures from the site. He shall restore adequately all property, to its original integrity both public and private, which has been damaged during the execution of work, and leave the entire site of the work in a neat and presentable condition. The cost of the "cleanup" shall be included as a part of the cost of the various items of work involved, and no direct compensation will be made for this work. This work shall be done before final acceptance by the owner will be considered. C. Contractor shall clean up and haul off all construction debris, including excavated rock material. Area shall be graded back into existing grade smoothly. D. All spare parts or other pieces of equipment shall be turned over to the Owner following completion of the project. 2.5 Warranty A. Contractor shall guarantee all labor, workmanship, and materials supplied by contractor for a period of one (1) year from date of acceptance. B. Repairs made necessary due to faulty workmanship shall be made promptly by Contractor at Contractor's expense. End -of -Section 7 I SECTION 02 PRODUCT SUBSTITUTION 1. General 1.2 Work Included: A. Section 01 - Summary of Work B. Section 02 - Product Substitution C. Section 03 - Earthwork and Grading D. Section 04 - Irrigation E. Section 05 - Chain Link Fence 2. Substitutions 2.1 Conditions for substitutions ("OR EQUAL") A. In the event that the clause "OR EQUAL" is used in the specifications pertaining to materials, the Bidder desiring to make substitutions for specified equipment shall submit the following: 1. Product identification, including manufacturer's name, address, and product literature. 2. Product description. 3. Product performance and test date. 4. Reference standards. 5. Manufacturer instructions for maintenance and repairs. B. Request for substitution should be included with the overall bid and will be considered before contract is awarded. C. After contract is awarded, no substitutions will be considered. It will be Bidder/Contractor's responsibility to assure the availability of specified product or substitution before bid date. D. Bidder shall provide the same guarantee for substitution as for product or method specified. E. Bidder shall coordinate installation of accepted substitution into work, making such changes as may be required for work to be complete in all aspects. F. Bidder shall waive all claims for additional costs related to substitution that consequently becomes apparent. G. Bidder shall be prepared to send owner a price breakdown of any and/or all items on which he has bid. Price breakdowns will only be requested after the bid opening has taken place. 2.2 Substitutions will not be considered if. A. They are indicated or implied on shop drawings or project data submittals without being formally described in detail as to their differences from what was originally specified. B. Acceptance will require substantial revision of the original layout of the project. End -of -Section r 6 SECTION 03 EARTHWORK AND GRADING 1. General 1.1 Scope of Project: A. The contractor shall remove, haul, and dispose of all obstructions shown on the plans or as designated by the owner, and the backfilling of topsoil. Contractor shall perform earthwork required to grade the existing site to the proposed contours as shown on plans. 1.2 Related Work Specified Elsewhere: A. Section 01 - Summary of Work B. Section 02 - Product Substitution C. Section 03 - Earthwork and Grading D. Section 04 - Irri ag tion E. Section 05 - Chain Link Fence 1.3 Additional Information: A. All information under GENERAL CONDITIONS OF AGREEMENT, GENERAL INSTRUCTION TO BIDDER, and SPECIAL CONDITIONS, apply to this section. B. The bid amount shall be total cost for work mentioned in the scope of work. 2. Products 2.1 Material -Site Fill: A. Fill material to be free from trash, lumber, debris, roots over 1" in diameter, matted roots, rocks over 2" in diameter, highly plastic soils or other deleterious materials. 2.2 Material - Top Soil: r,., A. Fill material, if necessary, to be provided by Contractor. B. Natural, fertile, friable soils possessing characteristics of soils in the vicinity that produce heavy growth of crops, grass or other �•. vegetation. C. Topsoil to be free of subsoil, brush, organic litter, objectionable weeds, clods, shale, stones 1 1/2" dimension or larger, stumps, roots, or other materials harmful to grading, planting, plant growth, r or maintenance operations. 3. Execution 3.1 Protection: A. Carefully maintain bench marks, layout stakes, and other reference points. B. Protect property, including adjoining property and public right-of- way, from damage by trucks and equipment. C. Protect active utilities to be retained on site, whether shown on drawing or uncovered during excavation operations. If damaged, repair at Contractor's expense. D. Protect Existing trees to be retained from damage by trucks and equipment. E. Keep excavations free of water. F. Maintain the integrity of the concrete post footings and the concrete that is to remain on the site. _ 3.2 Demolition & Site Preparation: A. Clearing 1. To remove indicated concrete. The concrete will be disposed at an approved location that is not objectionable to the public. 2. Strip existing top soil from areas effected. Stockpile on site for re -use. 3. Remove trash, debris, and other obstructions found at or near existing grade from areas of proposed structures, walks, curbs, and paving. 4. Contractor shall be responsible for removing unusable material from site. 5. All unstable or otherwise objectionable material shall be removed from the subgrade and replaced with approved material. 6. Remove existing plant material only as directed by the Owner. 7. Remove existing pitchers mound and stockpile topsoil on site. Location shall be approved by owner. B. Grubbing (if applicable) 1. Remove stumps, roots over 2" in diameter, matted roots and other obstructions found at or below existing grade from cleared areas. 2. Remove waste material daily as it accumulates. 3. Comply with applicable codes and ordinances regarding waste transportation and disposal. 4. Burning and blasting on site will not be permitted. 3.3 Excavation: A. Excavate to bring areas to grade and subgrades indicated. Scarify excavated areas occurring under concrete to a depth of 6", then compact to required density. B. Stockpile all excavated material on site. Exact location to be approved by Owner. C. Contractor to separate top soil and subsoil into two (2) piles. D. Remove underground obstructions, where rock is encountered at subgrade, under cut minimum of 15" below and backfill with approved fill. N 3.4 Fill and Backfill: A. Placine: Place material in loose, even successive lifts not to exceed the following depths: (if applicable). 1. Fill below concrete slabs: Max. 8" high lifts to overall compacted depth as indicated on drawings. 2. Site fill and backfill: Max. 12" high lifts. B. Compaction: Thoroughly and evenly compact each lift to the following ,. densities: 1. Fill below concrete slabs: Not less than 95% standard density to at least four (4) feet outside of slab. •, 2. Site fill: Not less than 90% standard density. C. Test rolling will be accomplished with a 25 ton pneumatic tire roller or other pneumatic tire roller. (Up to six passes of the roller may be required in deterring the condition of the subgrade.) Any soft or unstable areas found by test rolling will be corrected by removing the soft or unstable material and replacing it with suitable soil compacted to specified density. The areas so corrected shall be test rolled as specified above. D. Moisture Control: When moisture must be added prior to compaction, uniformly apply water to surface, but do not flood. Free water shall not appear on surface during or after compaction operations. Remove and replace, or scarify air-dry soil too wet to allow proper compaction. 3.5 Grading: A. Uniformly grade areas, including adjacent transition areas to smooth surface at required grades and elevations. Adjust contours to eliminate water pending, and provide positive drainage. B. Finish Grades Adjacent to Pavement: Cut or fill so that turf and planting areas adjacent to concrete are 1" below said concrete. Slope soil smoothly back to adjacent grade. D. Preliminary Grading: Should allow for a minimum of 4" topsoil to be • placed in all areas, which topsoil is needed to achieve a final desired grade. 3.6 Finish Grading: A. Fine grade areas to achieve final contours acceptable to Owner. B. Provide uniform roundings at top and bottom of slopes and other breaks in grade. Correct irregularities and areas where water will stand. C. Topsoil: 1. Place topsoil to 4" depth over areas modified by work or this contract, which are not covered by buildings, walks, or paving. 2. Uniformly distribute topsoil to required grades; feather back to where grades remain unchanged. 3. Place and compact topsoil in manner conducive to the growth and maintenance of plant material. 11 7 D. Degree of finish shall be that ordinarily obtainable with blade or scraper operations. Remove rubbish, vegetation, and rocks over 1 1/2" diameter. Leave areas smooth and suitable for establishment of lawns and planting. Correct irregularities and areas where water will stand. 3.7 Maintenance: A. Before final acceptance, protect newly graded areas from traffic, construction, weather damage, washing, erosion and rutting, and repair such damage that occurs. B. Correct settlement below established grades to prevent ponding of water C. All excess material and waste to be removed from site, and work to be left in clean, finished conditions. 3.8 Final Acceptance: A. Site shall be thoroughly inspected by Owner prior to final acceptance. B. Any areas needing further grading or other attention shall be completed to Owner's satisfaction. End -of -Section 0 A. Bidder to conform to all local, state, and federal codes and ordinances. 2.3 Discrepancies A. It is the intent of this contract that all work must be done and all material must be Runished in accordance with the generally accepted practice of the area. In the event of any discrepancies between the plans and specifications or doubts as to the meaning and intent of any portion of the contract, the Owner shall define what is intended to apply to the work. 3. Site Conditions 3.1 Examination of Sites A. Bidder shall visit the project site and compare drawings and specifications to actual site. Failure to do so will in no way relieve the successful Bidder from the responsibility of completing the project in accordance to project specifications at additional cost to the Owner. 3.2 Utilities A. Contractor's attention is directed to the fact that other underground utility lines may exist of which the Owner is not aware. It is Contractor's obligation to locate and familiarize himself with all utilities and to provide for their safety. Damage to utilities will be repaired at Contractor's expense. B. Water Supply (if applicable) - Meter or other water source already installed. Contractor is responsible for hook-up from meter to system. r 7 ! SECTION 04 IRRIGATION SYSTEM 11. General 1.2 Work Included: A. Section 01 - Summary of Work B. Section 02 - Product Substitution C. Section 03 - Earthwork and Grading ,., D. Section 04 - Irri ag tion E. Section 05 - Chain Link Fence 2.1 Qualifications of Bidder -Licensing A. Bidder shall supply the name and license number of the licensed irrigator who is responsible for the project with the bid submittal. Irrigation installer shall be licensed in the state of Texas or from where Contractor is based. Out of state licensing shall only be acceptable if the licensing state shares reciprocity with Texas. A licensed irrigator or installer shall be on the job site at all times when irrigation work is in progress. B. Owner reserves the right to reject any bid if bidder is not qualified based on the above given criteria. ''�' 2.2 Codes and Standards A. Bidder to conform to all local, state, and federal codes and ordinances. 2.3 Discrepancies A. It is the intent of this contract that all work must be done and all material must be Runished in accordance with the generally accepted practice of the area. In the event of any discrepancies between the plans and specifications or doubts as to the meaning and intent of any portion of the contract, the Owner shall define what is intended to apply to the work. 3. Site Conditions 3.1 Examination of Sites A. Bidder shall visit the project site and compare drawings and specifications to actual site. Failure to do so will in no way relieve the successful Bidder from the responsibility of completing the project in accordance to project specifications at additional cost to the Owner. 3.2 Utilities A. Contractor's attention is directed to the fact that other underground utility lines may exist of which the Owner is not aware. It is Contractor's obligation to locate and familiarize himself with all utilities and to provide for their safety. Damage to utilities will be repaired at Contractor's expense. B. Water Supply (if applicable) - Meter or other water source already installed. Contractor is responsible for hook-up from meter to system. r 7 C. Electrical Power Supply (if applicable) - Power to the meter box to be installed by Contractor. Contractor shall set the meter box. Contractor — shall run power to the controller. Contractor must satisfy City of Lubbock electrical codes for hook-up. Contractor is required to have a licensed electrician provide the electrical hook-ups. D. Bores/Road crossings (if applicable) - Contractor is responsible for bores and sleeving necessary to go under city streets/utility drives to provide any utility service to the project site. Bored holes shall be of the smallest diameter that will permit installation of encasement pipe. Pipe sleeving under city streets shall be 16 gauge smooth steel pipe with a minimum wall thickness of one-quarter (1/4) inch when pipe size is greater than four — (4) inch diameter. Irrigation lines crossing sidewalks shall be sleeved with Schedule 40 PVC pipe twice that of the pipe when line is less than 6" diameter. Pipe to be large enough for irrigation pipe and conduit for — electrical control wires (if necessary). Notes shown on plans shall over ride specifications. Sleeves shall extend at least two (2) feet out from under the surface structure. 4. Field Quality Control 4.1 Responsibility of Materials _ A. Contractor shall be responsible for all materials furnished by him and shall replace at his own expense all material found to be defective in manufacture or if it has become damaged in handling after shipment. 4.2 Responsibility of Property A. Contractor shall be responsible for the protection and preservation of all plant material, monuments, and structures during installation. Any damage shall be repaired or replaced by Contractor, at his own expense, to the satisfaction of the Owner. B. Fence layout will be laid out on the surface for the contractor one time, from that point on, it will be the contractor's responsibility to maintain the footprint. At the final walkthrough the fence layout shall be laid out for verification. C. All trenching or any excavation is to be no less than six (6) feet from the trunk of any plant material. If questions arise, Contractor shall contact Owner for clarification. 4.3 Barricades and Protective Measures A. Contractor shall be responsible for the protection of unfinished work. Contractor shall, at his own expense, furnish and erect such barricades, — fences, lights, and danger signals. He shall also take such other precautionary measures for the protection of persons, property, and the — work as may be necessary. 6 B. The contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it. When damage is incurred, the damaged portion shall be immediately removed and replaced by contractor at his own cost and expense. The contractor's responsibility PM for maintenance of barricades, signs, and lights shall not cease until the date of issuance to contractor of City's certificate of acceptance of the project. 5. Submittals 5.1 Shop Drawings A. Contractor shall submit shop drawing to owner before any irrigation installation are to begin. Shop drawing to include complete layout and detail drawings illustrating the location and type of all heads, valves, piping circuits, controls, and accessories. 5.2 Maintenance Materials A. At completion of job Contractor shall furnish spare parts, special tools, and equipment required to operate and maintain system. 5.3 Maintenance Data A. Contractor shall furnish two (2) copies of parts list and repair manuals for controllers, valves, and heads. 5.4 Project Record Document A. Contractor shall prepare an "as -built" plan of system after final check. Work to be done on vellum paper with legend describing symbols for equipment (check with owner for 3.5" diskette option). "As -built" plans shall be accurate. Inaccurate plans will not be accepted. Final payment will not be made until "as -built" plan is submitted to Park Development staff. 6. Products 6.1 Performance of Specified Material �.. A. All specifications given for materials are based on the performance of the equipment. This is to assure the integrity and proper hydraulics for which the system is designed. If bid material does not conform to given �— performance specifications, the bid will be rejected by Owner based on grounds that proper function of system could not be maintained by using equipment that does not meet the performance specifications required. B. All material to be new, unused, and current. C. All material must be a standard product of a manufacturer. D. Contractor shall provide performance records to verify equipment capabilities. d 7 6.2 Materials A. PVC Pipe ._ All polyvinyl chloride pipe shall be class 200,SDR 21 un -plasticized polyvinyl chloride, Type I, Grade I. B. Fittings — 1. Epoxy Coated Main Line Fittings: a. 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 meet ASTM -135 or ASTM -513 tubing specifications. L 2" are .065" wall (16 gal.) — ii. 2-1/2" through 8" are .083" wall (14 gal.) iii. 10" through 15" are .109 wall (12 gal.) b. Epoxy Powder shall be electrostatic applied to all surfaces then baked at 350 degrees to a full cure. The fittings shall be double coated to insure an average coating thickness of 3-7 miles. c. The contractor shall inspect the epoxy coating fitting to insure no cracks, nicks, splits, scratches or fractures to the interior are present. These abrasions will not be tolerated. d. Fittings with abrasions to the exterior 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 scotchrap by 3-M or approved equal, before being wrapped with the felt or equal. e. The contractor shall be responsible to maintain the integrity of the — fitting to insure that the epoxy coating does not become damaged during installation. f. All fittings to pressure rated for 200 PSI maximum working _ pressure. g. Gasket shall be designed for pressure and vacuum with maximum deflection (ASTM F-477). 2. All pipe must have manufacturer's markings clearly printed on them during installation. 3. All class 200 pipe must conform to ASST. D-2241. 4. All piping under four (4) inch shall be solvent weld. 5. All piping over four (4) inch shall utilize belled ends or belled couplings using rubber gaskets in twenty (20) foot laying lengths. 6. All fittings for 4" or larger mainline shall be epoxy coated steel. 7. PVC Fittings a. Schedule 40 fittings must conform to ASTM D-2466. b. Schedule 80 fittings must conform to ASTM D-2464. 8 i C. Swing Joints 1. Nipples: Schedule 80 with molded threads on both ends, unless r specified otherwise in construction detail. 2. Elbows: (90 degree) Schedule 40 FIPT X FIPT. 3. Pre -fabricated swing joints are acceptable as specified Sec. 04, 7.03,E,2 4. Lateral line fittings: Schedule 40. D. Valves 7k 17 9 1. Double check with double gate valves (back flow prevention). (Febco "approved 4" model 805YD or equal") a. Two independently operated spring-loaded, center stem pop up type check valves. b. Two gate valves - screw type c. Main case shall be epoxy coated internally 10-20 mils and prime ^" coated externally and consist of four test cocks which provide for in- line testing and maintenance. d. Stainless steel springs and corrosion resistant materials shall be used through -out. e. Check valve to be accessible from top of device without removing check valve body from line r f. Install Double Check Valve with unions of appropriate size before and after valve. g. Valve to be placed on threshold nipple a min. of 12" in length. 2. Manual Control Gate Valve a. All gate valves shall be resilient seat, iron body, bronze mounted throughout and shall meet all requirements of AWWA C 509. The valves shall be a mechanical joint. All valves shall open by turning to the left, and unless otherwise specified shall have non -rising stem r.. when buried and outside screw and yoke when exposed. Gate valves shall be furnished with a two-inch operating nut when valves are buried and shall be furnished with hand wheels when exposed. Gate .• valves shall be furnished with O-ring stem packing. 3. Quick Coupler Valves (Outside- infield Weathermatic #V 144RL, 1", single lug 2 piece body; Inside- infield Weathermatic # 10 1 RL, 1 ", single - Lug 1 piece body or "approved equal") a. Single lug, 2 piece body, heavy cast bronze. b. Vinyl with lock cover. c. Installed with min. 10" diameter concrete doughnut (For V valves). Donuts shall be installed flush with finished ground level and shall not shift when walked upon. d. Contractor shall supply the Owner with one (1) valve keys per field per valve type. 7k 17 9 4. Section Valve (Weather-matic 8024 BCR--, _", or "approved equal") a. Sized according to plan. b. Direct burial, remote control electric valve normally closed. c. Solenoid - Waterproof molded epoxy resin construction having no carbon steel components exposed. d. Actuator - Stainless steel enclosed in a watertight protection capsule with a molded in place rubber exhaust port seal. Spring shall be stainless steel. e. Diaphragm - Dual ported, made of nylon reinforced Buna-N rubber f. Flow adjustment system. g. Cold water working pressure -150 P.S.I. h. Bronze body and cover with stainless steel cover bolts. E. Valve Boxes 1. Valve Box (Brooks model 1419 or approved equal). a. Supplied by contractor b. To be installed by contractor c. Minimum dimensions: 15" x 21" x 12" deep, molded plastic. Extensions shall be used as necessary to bring valve box to grade and shall be compatible with box to achieve depth required (no bricks shall be used). d. Bolt -in green lid with cover lift holes (rectangular, lid shall have snap lock tab closure). 2. Double Check Valve Box (Brooks model 1730 or approved equal). a. Supplied by contractor b. To be installed by contractor c. Minimum dimensions: 24" x 37" x 18" deep, molded plastic Extensions shall be used as necessary to bring valve box to grade and shall be compatible with box to achieve depth required (no bricks shall be used). d. Bolt -in green lid with cover lift holes (rectangular, lid shall have snap lock tab closure). F. Sprinkler Heads. 1. Specified Head #1: Rainbird 1800, 15 Series (or "approved equal") a. Body: Shall be Rainbird 1804 PRS and (or "approved.equal') Non -corrosive cycolac and stainless steel construction.. b. pop-up design with pressure regulation. c. 15' radius at 30 PSI. with .93 G.P.M. on 90 deg., 1.85 G.P.M. on 180 deg. emitter. d. Precipitation Rate: 1.83"/hr for 90 degree and 180 degree heads. e. Screens shall be 1800 PCS, part # PCS -125. 2. Specified Head #2: Toro model #640 series for flow rates ranging between 9 and 25 gpm, or approved equal. Sprinklers shall be pop-up type with gear drive for full circle and part circle coverage. The final gear drive and bull gear drive shall be made of stainless steel and brass. The nozzle and drive assembly shall also be encased in stainless steel. Sprinklers shall be mounted up to 1/2 inch below finished grade. 10 common wire. 3. All control wires to be installed at minimum depth of 18" and directly alongside any pipe if the same ditch is used. K. Miscellaneous Equipment 1. Wire Connectors a. Shall be 3M model DBY. b. Provide moisture -proof connection for underground wiring. 2. Solvent Cementing a. Primer- Weld -On P-68 Purple Colored Only (All pipe and fittings) b. Solvent- 1/2" then 1 1/2" Weld -On #705; 2" three -10" Weld -On #717. c. Manufactures Recommendations shall be followed at all times. 11 "�" 11 G. Controller. Weather-matic LMC24 with 24 stations or "approved equal". The device shall be micro -processor based, solid state electronic in operation. The control panel shall micro provide -processor programming for day/date, station start times and duration of watering times. Clock and calendar shall be solid state. Back-up power shall be provided by rechargeable N:Cd type batteries that shall retain all user entered data. The control panel shall have two (2) watering programs. Controller shall ..� not have fuses or circuit breakers that would shut down watering in the event of a shorted valve. The controller program shall include a short sensor to advise the operator that a valve short exists. The controller shall be housed in an industrial -grade heavy -gauge steel housing with hinged cover, two side latches and cylinder lock. Controller is to be grounded with solid copper grounding rod adjacent to the controller. Contractor PM shall install electrical surge protection for each controller. The Owner will provide power (120V) to the controller. The station ability of the controller shall be as indicated on drawings. H. Screen Filter 1. Shall be Arkal Products 2. RFI I" ring filter I. Lightning Arrestors with Grounding Rods (if applicable). 1. Arrestor to be installed at controller by Contractor. Lightening rods shall be installed by contractor. 2. Ground Rods -Copper coated steel using copper coated or bronze one piece clamps. J. Control Wiring 1. All 24 volt wiring to be 12 AWG -annealed copper, Baron UF, 600 volt, PVC coated UL approved direct burial. ., 2. All wire to be single stranded, one wire for each electric valve and a common wire. 3. All control wires to be installed at minimum depth of 18" and directly alongside any pipe if the same ditch is used. K. Miscellaneous Equipment 1. Wire Connectors a. Shall be 3M model DBY. b. Provide moisture -proof connection for underground wiring. 2. Solvent Cementing a. Primer- Weld -On P-68 Purple Colored Only (All pipe and fittings) b. Solvent- 1/2" then 1 1/2" Weld -On #705; 2" three -10" Weld -On #717. c. Manufactures Recommendations shall be followed at all times. 11 "�" 11 3. Thrust Blocks. a. Concrete "ready -mix"- 3,000 PSI in 28 days with 3 number 3 rebar _ installed. To be placed at all angles and terminal ends of 2 1/2" or greater pipe. To be placed at all angles (90's, 45's, tees) and at terminal ends of pipe. (Refer to Thrust Block detail) Thrust blocks — must be installed against the pipe and extend to 12" of undisturbed vertical wall of the trench. All pipe and fittings to be wrapped in 30 lbs. felt to protect from movement. L. Fresh water line shall be no less than schedule 40 and have a six (6') foot minimum horizontal seperation from al other underground utilities. M. All pipe to have a one (1') foot minimum vertical seperation from all non — like utility lines. 7. Execution 7.1 Handling of Materials A. Contractor shall exercise care in handling, loading, and unloading of all equipment. All PVC pipe, fittings, and other equipment shall be adequately covered and protected from the elements. Pipe and fittings also shall be transported in such a fashion as to be protected from excessive bending and from external, concentrated load at any point. — 7.2 Trenching A. To have straight, flat bottoms and of sufficient depth for sprinkler head and operable swing joint B. Trench Size: 1. Minimum width: 6 inches 2. Minimum cover over installed supply piping: 18 inches 3. Minimum cover over installed branch piping: 14 inches 4. Minimum cover over installed outlet piping: 14 inches 5. Maximum center line depth main line shall not exceed 24" at zone - valves. C: Pipe pulling is riot 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 materials are encountered trenches are to be over excavated by 3 inches to allow for a 3" layer of finely graded sand under all piping. After the piping is installed, finely graded sand shall be placed around the piping up to a point 3" above the piping. I. All trenches are to be inspected and approved by Owner before covering. 12 7 13 J. Trench digging machinery may be used to make trench excavation except in places where operation of same would cause damage to existing g structures either above or below ground; in such instances hand methods shall be employed. The Contractor shall locate alg underground existin _ lines, of which he has been advised whether or not they are shown on the drawings, sufficiently in advance of the trenching to make whatever provision necessaryto prevent damage thereto. P g o. Extreme care shall be used to prevent such damage and the Contractor shall be fully responsible for damage an to such line g Y s• K. There will be no classification of, or extra payment for excavated materials and all materials encountered shall be excavated as required. Adjacent structures shall be protected from damage by construction equipment. All excavated material shall be piled in a manner that will not endanger the work or existing structures and which will cause the least obstruction to roadways. L. The Contractor will be required to locate all known utility lines far enough in advance of the trenching hmg to make proper provision for protecting the fi lines and to allow for any deviations that may be required from the establishment lines and grades. M. Excess trench excavation, not used for backfilling; shall be disposed of by the Contractor, and at the Contractor's expense as directed by the Owner. N. All trenches and adjoining areas shall be hand raked to leave the grade in 17 as good or better condition than before construction. O. All trench backfill shall be flooded to prevent settling to 95% Standard f Proctor Maximum Density. Tamping is required, at road crossings the 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 7 at optimum moisture as determined by ASTM D698. P. It is understood that the piping layout is dramatic and piping shall be routed in such a manner to achieve the intent of the plan. 7.3 Installation A. Install pipe, valves, controls, and outlets in accordance with T 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. Premanufactured swing joints shall be used as manufactured by Spears swing joint schedule 80t, or approved equal. 3. Swing joints for quick coupling valves shall be made up using galvanized pipe and fittings. GI F. Use flexible risers on all fixed head pop-up sprinklers. 7 13 G. Wiring: 1. All wiring shall be No. 12, Type UF, copper direct bury type made for the irrigation industry. Wiring shall be color -keyed: white for ground, red for operation of equipment. 2. Wire splices will only be allowed to occur within an accessible ` control box. Inline direct burial splices will not be allowed. Wire splices shall be DBY model as manufactured by 3M Company or approved equal. 3. Provide looped slack at valves and turns in trench to allow for contraction of wires. 4. All wire passing under existing paving, sidewalk, etc., shall be encased in plastic conduit extending at least 12" beyond edges of paving or construction. S. All electrical control wiring shall be wrapped together on 10 -feet increments with plastic straps. An electrical wiring schematic shall be furnished with the equipment. 6. Tracer wire and warning tape shall be- installed with all fresh water piping. Tracer wire 16 Ga.CU.shall have the insulation removed for atleast 6" every 30 feet of run. Potable Water Warning tape shall be run at half the depth of the top of the pipe. H. After. piping is installed, but before outlets are installed and backfilling commences, open valves and flush system with full head of water. I. Dissimilar Materials Piping Joints: Construct joints using adapters that are compatible with both piping materials, outside diameters, and system working pressure. J. Concrete Thrust Blocks are required at all turns and dead -ends on pipe sizes 3 inches and over. Pipe of smaller sizes may also require thrust blocks if so directed by the Owner. Concrete shall have a 28 day compressive strength of 3000 psi, minimum. (See Detail) 7.4 Laying of PVC Pipe A. Pipe to be snaked from side to side of trench bottom to allow for expansion and contraction of pipe. B. All foreign matter to be removed from inside of pipe prior to joining. Keep clean during laying operations by means of plugs or other approved methods. C. All lumber, rubbish, and large rocks shall be removed from the trenches. Pipe shall have firm, uniform bearing for the entire length of each pipe line to prevent uneven settlement. D. 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 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 pipe line and at ends of lines shall be firmly wedged against the vertical face of the trench, but not against rock. 14 settling. C. All sprinkler heads to be set to proper are by Contractor. D. All heads to be installed six (6) inches from proposed fence line. 15 H. Thrust blocks to be used. (See 7.4 Thrust Blocks) L Make joints in all screwed fittings by applying Teflon tape on male threads. Teflon Use of dope is prohibited. L. Where threaded PVC connections are required, use threaded PVC adapters. ,. M. There shall be no less than nine (9) inches of pipe between any two fittings, except for close nipples used in swing joints. N. No cross tees or street ells are to be used at any time. — O. On cut pipe, all burrs to be removed, tees and pipe to be cleaned, and primer and solvent applied as to standard application process. P. After pipe has been solvent weld, do not apply water pressure for a time - less than that of the manufactures recommendation, considering current weather conditions. Q. All pipe shall be installed so that manufacture's markings are facing in the up position. R. Excess PVC Solvent shall be removed from joints before drying to prevent pipe weakening. Pipe connections made with excess solvent will not be accepted. S. Solvent welding will not be permitted if weather conditions prevent joints from remaining free of dirt or moisture, while joint is being made. T. The owner must be given twenty-four (24) hour notice before pipe trenches are covered so that owner's representative may be present for inspection. _ After pipe system has been inspected and approved, trenches may be closed. 7.5 Installation of Valves (gate, double check, and section valves). A. Install all new valves on a level grade with the mainline. Valve boxes shall extend a minimum of 3" below bottom of valve. Valve box extensions shall be used as necessary and shall be compatible with the valve box. B. After installing valves and valve boxes, backfill holes with 3" min. washed gavel 3/4" in size up to bottom of valve. • C. Quick coupler valve to be installed on swing joint as specified on plans. Top to be flush with finish grade. 7.6 Sprinkler Heads A. All sprinkler heads to be installed at spacing indicated on plans. B. Install heads so that top of head is slightly above ground level to allow for settling. C. All sprinkler heads to be set to proper are by Contractor. D. All heads to be installed six (6) inches from proposed fence line. 15 7.7 Flushing A. The mainline and valves will be flushed after installation. Full working pressure must be used to flush all lines. On a loop system the two valves the greatest distance from the water source will be opened. On any other configuration of mainline, the last valve on each mainline will be opened for flushing. The Owner's representatives must be given twenty-four (24) hours notice before flushing begins so they may be present for inspections. After mainlines have been inspected and flushed, the lateral lines may be installed. B. The lateral lines will be flushed just prior to head installation. Flushing procedure will consist of pointing all swing joints away from ditch line to prevent contamination. Next, open the valve with full working pressure and begin capping each swing joint with a threaded cap, beginning with the swing joint closest to the valve and ending with the swing joint the greatest distance from the valve. Twenty-four (24) hour notice must be given to Owner's representatives for inspection. C. Flush pipes until free of all rock, dirt, trash, pipe shavings, and debris. 7.8 Leakage Test A. After pipe is laid, line to be pressurized and all air expelled from line at highest point of each section. B. Each line to be inspected for leaks. Any joints showing leaks shall be repaired and any cracked or defective pipes or fittings shall be removed and replaced with good material. 7.9 Backfill A. Trenches to be backfilled with the excavated earth from trench work. All rocks and debris to be removed and no item larger than one (1) inch diameter to be placed back in trench. Backfill is to be compacted and flooded to settle trench. Contractor shall add more backfill if needed to bring trenches to existing grade. 7.10 Controller (if applicable) A. Contractor to locate controller as indicated on plans. B. Contractor shall install a concrete slab four (4) inches thick flush to ground. Owner will provide and Contractor will install prefabricated metal rain tight box, in which controller will be installed by contractor. Contractor shall install grounding rod through concrete slab. C. Contractor shall install rigid conduit from edge of slab, ell up through and attach to controller box. One conduit for power source; one conduit for common/section wires. D. Power wire conduit to be 3/4" diameter rigid conduit to meet city code. E. One duplex plug shall be installed in the controller box. 16 r C. Fill the main line with water for a 24-hour period prior to testing. D. Pressure test main lines with 150 psi for a period of 2 hours. Allowable leakage shall be as determined by the formula listed in AWWA C600. Owner will witness and approve all tests. Notify Owner at least 24 hours in advance of all testing. E. Provide all testing equipment and personnel required to complete the testing procedure. Repeat testing as required. F. Flush, clean, adjust, and balance all systems. G. Adjust heads for proper coverage. H. Potable Water Lines: Hydrostatically test for 6 hours at 150 psi. There shall be no leaks whatsoever. �" 17 7.11 Wiring A. Control wires from controller to valves shall be laid in sprinkler line trenches (if applicable -wiring to be installed along wiring route on plan). B. Control wires to be taped together every twenty (20) feet along trench. C. Expansion loops shall be made at every turn in the trench and every 50 foot length of wire run by wrapping at least five (5) turns of wire around a one (1) inch rod or pipe. Next, withdraw the rod leaving turns in wire. D. All wire connections or splicing work shall have moisture proof connectors, and their location must be denoted on the as -built plan. Contractor shall minimize amount of splices. ... E. Common valve wiring shall be white through entire system. F. Section valve wiring shall be red through entire system. White wire may not be used as section wire. 7.12 Lightning Arrestors and Rod A. A lightning arrestor and rod shall be installed at each controller. The rod shall be installed by the contractor and placed within the concrete slab below the controller. ' F, B. Rod shall be copper coated steel, minimum 8 feet long and 5/8" diameter. C. Rod shall have minimum resistance of twenty-five (25) OHMS or less. P' D. Rod to be connected to controller by a copper coated or bronze one piece clamp. E. Wire used to connect controller to lightning rod shall be 6 gauge solid copper wire or one gauge larger than power wires, whichever is largest. l 7.13 Testing and inspection A. Do not allow any of the work in this section to be covered or enclosed until it has been inspected, tested and approved by the Owner or Owner's Representative. B. Prior to backfilling the main line and with control valves in place but before the lateral lines are connected, completely flush and test the main line. C. Fill the main line with water for a 24-hour period prior to testing. D. Pressure test main lines with 150 psi for a period of 2 hours. Allowable leakage shall be as determined by the formula listed in AWWA C600. Owner will witness and approve all tests. Notify Owner at least 24 hours in advance of all testing. E. Provide all testing equipment and personnel required to complete the testing procedure. Repeat testing as required. F. Flush, clean, adjust, and balance all systems. G. Adjust heads for proper coverage. H. Potable Water Lines: Hydrostatically test for 6 hours at 150 psi. There shall be no leaks whatsoever. �" 17 8. Inspection/ Acceptance 8.1 Preliminary Inspection A. When all initial installation is done and all incidentals necessary to the proper function of the system is done, Contractor shall request Owner to walk through system and visually check the operation of the system. At _ this time Owner and Contractor will discuss repairs that may need to take place. 8.2 Final Inspection A. After preliminary inspection has taken place and all corrections and repairs have been completed by the Contractor, Contractor and Owner will again walk through system to check operation. This procedure will be repeated — until system operates to Owner satisfaction. At this time Owner will accept system from Contractor. An acceptance form will follow from Owner to Contractor. _ 9. Clean up and Adjusting 9.1 Removal of Site Debris. Contractor shall: A. Make final clean-up of all parts of work. _ B. Remove all construction material and equipment. C. Prepare site in an orderly and finished appearance. _ D. Remove from site any rock or extra dirt that resulted from this and restore site to its original condition. E. Flush dirt and debris from piping before installing sprinklers and other devices. F. Adjust automatic control valves to provide flow rate of rated operating pressure required for each sprinkler circuit. G. Carefully adjust lawn sprinklers so they will be flush with, or not more than 1/2 inch below finish grade after completion of landscape work. H. Adjust settings of controllers and automatic control valves. I. Contractor will be required to remove all construction debris from the site. Final clean up by the contractor must be acceptable to the owner. 10.0 Commissioning 10.1 Starting Procedures A. Follow manufacturer's written procedures. If no procedures are prescribed by manufacturers, proceed as follows: 1. Verify that specialty valves and their accessories have been installed correctly and operate correctly. 2. Verify that specified tests of piping are complete. 3. Check that sprinklers and devices are correct type. 4. Check that damaged sprinklers and devices have been replaced with new materials. 5. Check that potable water supplies have correct type backflow . preventers. 6. Energize circuits to electrical equipment and devices. 7. Adjust operating controls. is Fft B. Operational Testing: Perform operational testing after hydrostatic testing is completed, backfill is in place, and sprinklers are adjusted to final position. 10.2 Demonstration �., A. Demonstrate to Owner that system meets coverage requirements and that automatic controls function properly. B. Demonstrate to Owner's maintenance personnel operation of equipment, �- sprinklers, specialties, and accessories. Review operating and maintenance information. C. Provide 7 days' written notice in advance of demonstration. 11.0 Guarantee. Contractor shall: A. Make all needed repairs or replacements due to defective workmanship or materials for exactly one (1) year following date of final acceptance. B. Be responsible for all expenses necessary for repairs and replacement. C. Pay all expenses incurred if Contractor fails to act upon a request from Owner for repairs to system. If Contractor fails to do work within ten (10) days after request has been made by Owner, Owner will proceed with repairs and charge all expenses to Contractor. D. Pay for expenses incurred to project due to vandalism prior to final acceptance. E. Owner shall pay for all expenses incurred due to vandalism after final acceptance. End -of -Section "� 19 SECTION 05 CHAIN LINK FENCE 1. General: 1.1. Scope of Project _ A. Contractor shall supply all supervision, perform all work, furnish all labor, tools, materials, equipment, and incidentals necessary to remove existing chain-link fence where shown on plan and fully and properly install steel fence at McAlister Park Athletic Field Renovations as described in the plans and specifications. All construction and other work shall be completed in accordance with all governing codes and ordinances, with the best engineering and construction practices, including material mfrs. recommendations for installation and workmanship, for the skill or trade involved. _ 1.2 Related Work specified Elsewhere: A. Section 01 - Summary of Work B. Section 02 - Product Substitution C. Section 03 -Concrete D. Section 04 - Irri ag tion E. Section 05 - Chain Link Fence — 2. Quality Assurance: A. This contractor shall use adequate numbers of skilled workers who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this section. B. Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the _ bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation _ of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. C. The Owner will stake out the locations for corner posts and terminal posts in this installation. The fencing panels between corner ad terminal posts shall generally follow the finished ground elevations. However, the successful bidder will grade off minor irregularities in the path of the fencing as necessary to limit variation of grade under the bottom edge of fence fabric to a — distance of not more than one (1) inch and not less than one-half (0.5) inches to the ground/ maintenance strip. D. The contractor shall be responsible for the security of the facilities during the time that work is being performed on the site until final acceptance by the owner. _ y 2.1 Fence Height A. Fence height from the far end (furthest from home plate) of the dugout around the outfield to the other far end of the opposite dugout shall be 6 ft. in height, including the rear and sides of the dugouts. The front of the dugout and the section connecting the arched backstop to the dugout shall be 10 ft. in height. 2.2 Chainlink Fabric .4 A. The chainlink fabric shall be min. No. 9 gauge (.148") wire woven in a 2" +/- 1/8" mesh conforming to Standard Specifications for Zinc - Coated Steel Chainlink Fence Fabric, galvanized after weaving �- (GAW). Class I ASTM Designations A-392. Top and bottom salvage shall have a knuckle finish. B. Fabric shall be free of barbs, icicles, or other projections resulting from the galvanizing process, and any fabric not free thereof will be rejected even though erected. Bottom of fence fabric shall be 1/2" plus or minus above surface. The chainlink fabric shall be tied to all line posts with No. 9 gauge soft annealed galvanized tie wire. 2.3 Backstop A. The backstop shall have a min. 14 ft. vertical fence section complete with top, middle, and bottom rail. The overall height including the cantilever section shall extend to a min. height of 18 _ ft. 2.4 Dugouts A. Dugouts shall be 8 ft. deep by 35 ft. in width with a fence height of 10 feet in front (facing ballfield), and 6 feet in height around the sides and back of both dugouts. Infield gates shall be located in each dugout at the end nearest to home plate, with swing located in direction as shown on plan. 2.5 Line Posts A. Line posts shall conform to Standard Specifications for Hot -Dipped • zinc -Coated (Galvanized) Welded and Seamless Pipe ASTM Designation F-669. Hot dip galvanized pipe shall have a 1.875 outside diameter, 2.25 lb. per linear ft., galvanized inside and outside. Posts shall be Tuf - 40. Length of pipe shall be equal to height and footing requirements as specified herein. 2.6 Terminal (Comer) Posts A. Terminal Posts, end, corner, and pull posts shall conform to Standard Specifications for Hot -Dipped zinc -Coated (Galvanized) Welded and Seamless Pipe. ASTM Designation F-669. Hot dip galvanized pipe shall have a 2.875 outside diameter, 4.64 lb. per linear ft. galvanized inside and outside. Posts shall be Tuf - 40. Length of pipe shall be equal to height and footing requirements as specified herein. 6 2.7 Gate Posts A. Gate posts shall conform to Standard Specifications for Hot- _ Dipped zinc -Coated (Galvanized) Welded and Seamless Pipe. ASTM Designation F-669. Hot dip galvanized pipe shall have a 4.000 outside diameter, 6.56 lb. per linear ft., galvanized inside and — outside. Posts shall be Tuf - 40. Length of pipe shall be equal to height and footing requirements as specified herein. 2.8 Backstop posts A. Backstop posts shall conform to Standard Specifications for Hot - Dipped zinc -Coated (Galvanized) Welded and Seamless Pipe. ASTM Designation F-669. Hot dip galvanized pipe shall have a 4.000 outside — diameter, 9.11 lb. per linear ft., galvanized inside and outside. Posts shall be schedule 40. Length of pipe shall be equal to height and footing requirements as specified herein. 2.9 Terminal and Gate Post Fittings A. Terminal and gate post fittings, including tension bands, brace connections, and tip rail connections, shall be No. 9 gauge, hot -dipped, — galvanized, cold -rolled carbon steel. No aluminum, cast iron, or pot metal fittings will be accepted as equals or substitutes. Top rail, brace, and truss bands shall not be less than one inch (1 ") wide, secured by — three-eighths inch (3/8") diameter carriage bolts and nuts. B. Hardware: All miscellaneous hardware (bolts, washers, nuts, etc.) shall be hot dip galvanized steel. A fitting to be malleable, cast iron or diameters and lengths determined according to materials used. — 2.10 Railing A. Top rail: The top rail shall have an outside diameter of 1.660 and weigh 1.82 pounds per linear foot and shall meet the same _ specifications of quality as line and terminal posts. The chainlink fabric shall be tied to the top rail at intervals of twenty-four inches (24") with No. 9 gauge soft annealed galvanized steel tie wire. B. Middle Rail: Hot dip galvanized Tuf - 40 steel pipe shall have 1.660 inch outside diameter and weigh 1.82 pounds per linear foot.. The chainlink fabric shall be tied to the middle rail with No. 9 gauge soft -- annealed galvanized steel tie wire. Middle rail shall be installed along the entire 18' high backstop and 10' high fence sections, and around the 6' high sides and back of each dugout. C. Bottom Rail: Hot dip galvanized Tuf - 40 steel pipe shall have 1.660 inch outside diameter and weigh 1.82 pounds per lin. ft.. The chainlink fabric shall be tied to the bottom rail with No. 9 gauge soft annealed _ galvanized steel tie wire. Bottom rail shall be installed along the entire 18' high backstop and 10' high fence sections, and around the 6' high sides and back of each dugout. r.. I i 2.11 Braces for Terminal and Gate Posts A. Terminal and gate posts shall be strengthened and reinforced by braces 7 meeting and shall utilize the same specifications of quality as line and terminal posts. Braces shall be installed midway between top rail and r" ground surface and extend from each terminal post to the first adjacent line post. Braces shall be securely fastened to posts by heavy pressed steel connections and also be trussed from line post back to terminal post with a three-eighths inch (3/8") round truss rod complete with a tightening unit. 2.12 Bottom Tension Wire -• Bottom tension wires shall be No. 9 guage, galvanized steel coil spring tension wire, high carbon or hard drawn, ASTM designation A-116, Class II, Galvanized or Aluminum Coated, running through the mesh and fastened to the chainlink fabric at intervals of eighteen inches (18") with No. 9 guage galvanized hog rings. Bottom tension wire shall be installed along the 6' high fence section from the far end (furthest from home plate) of the dugout around the outfield to the other far end of the opposite dugout. 2.13 Post Spacing And Setting A. New line posts shall be set a full twenty-seven inches (27") in a thirty- two inch deep concrete foundation having a minimum diameter of eight inches (8"). Terminal and gate posts shall be set a full thirty-six inches (36") in a forty inch (40") deep concrete foundation having a minimum diameter of twelve inches (12"). Concrete for post foundations shall be the same as specified in the Concrete Section. Spacing of posts in the line of fence shall be 10 ft. on center. 2.14 Post Tops A. Tops of line posts shall be of a malleable casting. The base of tops shall extend below the top of the post not less than two inches (2"). The tops shall be provided with a hole suitable for the: through passage • of the top rail. Terminal post tops shall be of malleable iron casting, and be designed so as to positively exclude all moisture from the terminal post. • 2.15 Gates A. Gates shall be adjusted so that they can be opened and closed quickly and easily. Gates shall be equipped with a positive latching device that will accommodate padlocking. Hinges, latches, and catches shall be one of the manufacturer's standard designs as selected and approved by the Owner. B. Infield Gates: Frame shall be made of 1.66 O.D., 1.83 lb/ft. tuf - 40 tubular material hot -dip galvanized inside and outside. Corners shall have mortised joints for proper. fit (hammering of pipe not acceptable). Welds shall be continuous around pipe, cleaned and treated with zinc -rich paint. Fabric shall be the same as fence. Gates shall be complete with malleable iron pipe, socket hinges, catch stops and center rest. Hinges shall permit gate to swing back against fence - 180 degrees if required. Gates shall be located at the end of each dugout with swing in the direction as shown on plans. C. Outfield Gates: Frame shall be made of 1.66 O.D., 1.83 lb/ft. tuf - 40 tubular material hot -dip galvanized inside and outside. Corners shall have mortised joints for proper fit (hammering of pipe not acceptable). Welds shall be continuous around pipe, cleaned and treated with zinc -rich paint. Fabric shall be the same as fence. Gates shall be complete with malleable iron pipe and socket hinges, catch stops and center rest. Hinges shall permit gate to swing back against fence - 180 degrees if required. Gates shall be in two sections complete with mateable iron pipe, socket hinges, catch stops and center rest. Hinges shall permit the gate to swing back against fence. Each service gate shall have a 10 ft. opening with two (2) 5 ft. gates. See plans for location and direction of swing. 3. Installation Procedures A. The fence and all materials shall be erected and fitted in a first- class/ professional manner. B. The contractor shall perform all required excavating, backfilling, and compacting of backfill for posts and gate stops. Posts shall be spaced in line of fence not further apart than 10 feet on center. C. Only new materials shall be used. D. Posts shall be plumb and in alignment. E. Posts and gate stops shall be set in concrete as described herein. Install the concrete footing for a given post in one pour where possible. Standard plant, ready -mixed concrete, or approved site - mixed concrete shall be used. The proportions of cement and water of required plasticity to attain a minimum of 30001b./sq. in. of compressive strength in 28 days shall be used. In pouring concrete, do not allow heavy masses of concrete to fall outside the footing. The direct flow of concrete down the sides of the hole shall fill all spaces uniformly. Spade concrete liberally and carefully with a long, flat slicing bar between vertical rows to eliminate voids. Brace the post if necessary, to prevent the post from leaning. F. The use of accelerators and antifreeze compounds in concrete shall not be used. 9 G. If any damage occurs to galvanized materials, the following procedure shall be taken: The damaged areas shall be cleaned with mineral spirits followed by wire brushing. After wire brushing these areas shall be recleaned with solvent to remove residue. After cleaning, the damaged areas shall be given two coats of galvanizing repair paint. The galvanizing repair paint shall be zinc dust -zinc oxide. H. Materials, fittings, and workmanship shall be subject to final inspection accepted by Owner's Representative. 4. Liabilities A. The contractor shall take necessary precautions to minimize damage to adjacent surrounding irrigation system, utilities, turf, shrubbery, walks, driveways, and curbs. Damaged items or areas shall be restored or replaced by the contractor at no charge to the Owner. B. The contractor shall clean up and haul off construction debris, to include excavated rock materials that collect on the rake during leveling, The area shall be backfilled, raked level in each direction, and left in level state of cleanliness. 5. Measurement of Payment A. Measurement, for payment, of chain link fence will be made along the top rail from centerline to centerline of posts, including gates. 6. Guarantee A. Contractor shall: 1. Contractor shall 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 Contractor fails to act upon a request from Owner for repairs. If Contractor fails to do work within ten (10) days after request has been made by Owner, Owner will proceed with repairs and charge all expenses to Contractor. 4 Pay for expenses incurred to project due to vandalism prior to final acceptance. End -of -Section 10