HomeMy WebLinkAboutResolution - 5512 - Contract - Quality Service & Supply Inc - Fireproofing, Mahon Library - 06_12_1997Resolution No. 5512
Item #34
June 12, 1997
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract, attached herewith, by and
between the City of Lubbock and Quality Service & Supply, Inc., of Amarillo, Texas, to
install and furnish all materials and services as bid for the Fireproofing at Mahon Library, and
any associated documents, which Contract shall be spread upon the minutes of the Council and
as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this 12th day of June , 1997.
WINDY SITTO YOR
TTEST: -
Kay e arnell, City Secrets
APPROVED AS TO CONTENT:
Victor Kilman,Purchasing Manager
da/ccdocs/quality. res
June 4, 1997
I
CITY OF LUBBOCK
SPECIFICATIONS FOR
FIREPROOFING AT MAHON LIBRARY
BID #97105
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CITY OF LUBBOCK
Lubbock, Texas
ITB #97105,Addendum 01
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City of Lubbock
P.O. Box 2000
Lubbock, Texas 7J457
606-767-2167
ADDENDUM #1
ITB # 97105
FIREPROOFING AT MAHON
UBRARY
MAILED TO VENDOR:
OLD CLOSE DATE:
NEW CLOSE DATE:
Office of
Purchasing
May 1, 1997
May 15, 1997 2:00 P.M.
May 21,1997 2:00 P.M.
The following items take precedence over specifications for the above named Invitation to Bid (ITB).
Where any item called for in the ITB documents Is supplemented here, the original requirements, not
affected by this addendum, shall remain in effect.
1. The dosing date has been changed from May 15, 1997 at 2:00 PM to the new dose date of May
21, 1997 at 2:00 PM.
All requests for additional information or clarification must be submitted in writing and directed to:
Ron Shuffield, Senior Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Questions may be faxed to: (806)767-2164
or Email to: RShuffield@mail.cl.lubbock.tx.us
XSNK YOhuffield
Senior Buyer
PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID.
97105ad1.doo
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CITY OF LUBBOCK
INVITATION TO BID
FOR
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TITLE: FIREPROOFING AT MAHON LIBRARY
ADDRESS: LUBBOCK, TEXAS
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BID NUMBER: 97105
PROJECT NUMBER: 2511-9211
l CONTRACT PREPARED BY: PURCHASING DEPARTMENT
1�
INDEX
1.
NOTICE TO BIDDERS
2.
GENERAL INSTRUCTIONS TO BIDDERS
3.
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
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4.
PAYMENT BOND
5.
PERFORMANCE BOND
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6.
CERTIFICATE OF INSURANCE
7.
CONTRACT
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4
8.
GENERAL CONDITIONS OF THE AGREEMENT
9.
CURRENT WAGE DETERMINATIONS
10.
SPECIFICATIONS
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11.
SPECIAL CONDITION
NOTICE TO BIDDERS
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NOTICE TO BIDDERS
BID #97106
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
o'clock p.m. on the 15th day of May, 1997, or as changed by the Issuance of formal addenda to all planholders, to
furnish all labor and materials and perform all work for the construction of the following described project:
"FIREPROOFING AT MAHON LIBRARY"
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the
Purchasing Manager and publicly read aloud.
It is the sole responsibility of the bidder to Insure that his bid Is actually In the office of the Purchasing Manager
for the City of Lubbock, prior to the expiration of the date above first written.
The City of Lubbock will consider the bids on the 12th day of June 1997, at the Municipal Building, 1625 13th
Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all
bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with
Chapter 2253, Government Code, In the amount of 100% of the total contract price in the event that said contract price
exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253,
r- Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of P or supedor, 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 sole responsibility to inspect the site of the work and to Inform himself regarding all local
conditions under which the work is to be done. It shall be understood and agreed that all such factors have been
thoroughly investigated and considered in the preparation of the bid submitted. There will be a pre -bid conference on 8th
day of May,1997, at 10:00 o'clock a.m., In the L04 - Purchasing Conference Room, Lubbock, Texas
j Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
Included in the contract documents on file In the office of the Purchasing Manager of the City of Lubbock, which
document is specifically referred to In this notice to bidders. Each bidder's attention is further directed to provision of
Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and
payment by the contractor of the prevailing rates of wages as heretofore established by owner In said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered Into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids In response
to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin In
consideration for an award.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings
and bid openings are available to all persons regardless of disability. If you would like bid information made available in
a more accessible format or If you require assistance, please contact the City of Lubbock Human Relations Office at
(806) 767-2281 at least 48 hours In advance of the meeting.
CITY OF LUBBOCK
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VICTOR KIL N
PURCHASING MANAGER
Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street,
Room L44, Lubbock, Texas 79401; Telephone (806)767-2167/Fax (806)767-2164.
7
GENERAL INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS
M:
GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The contractor shall fumish all labor, superintendence, machinery, equipment and all materials necessary to
r• complete this project in accordance with contract documents for the FIREPROOFING AT MAHON LIBRARY.
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.
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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
+ r j charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice
to Bidders.
4. BIDDER INQUIRIES
G
No bidder shall request any information verbally. All written requests for additional information or clarification
F' concerning this bid must be addressed to:
RON SHUFFIELD
SENIOR BUYER
CITY OF LUBBOCK
P.O. BOX 2000
LUBBOCK, TX 79457
FAX (806)767-2164
i5. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 20 (TWENTY) 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 bills for labor, materials and incidentals incurred in the construction of the
Improvements contemplated by the contract documents have been paid in full and that there are no claims
pending, of which the Contractor has been notified. --
8. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will
be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve
the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until
Incorporated into the project. The presence or absence of a representative of the City on the site will not relieve
the Contractor of full responsibility of complying with this provision. The specifications for materials and methods
set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to
procure a satisfactory project.
9. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against defective
materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written
general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any
and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year
from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the
Owner (City of Lubbock).
10. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his use
during construction. Plans and specifications for use during construction will only be furnished directly to the
Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or
others, as required for proper prosecution of the work contemplated by the Contractor.
11. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,
supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any
and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the
date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have
been opened and before the contract has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the intended contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
12. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of
Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the
materials to be incorporated into the work without paying the tax at the time of purchase.
13.
14.
15.
16.
PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a
way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
other underground structures which might or could be damaged by Contractor during the construction of the
project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the
location of all such underground lines and utilities of which it has knowledge. However, such fact shall not
relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or
damaged by Contractor during the prosecution of the work contemplated by this contract shalt be repaired
Immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense.
BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, fumish and erect such barricades, fences, lights and danger signals,
and shall take such other precautionary measures for the protection of persons, property and the work as may be
necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs,
and lights to protect it, and when damage Is incurred, the damaged portion shall be Immediately removed and
replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of
barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
acceptance of the project.
EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from
the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume
full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, In all
cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger
life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms,
or corporations engaged in similar type of construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this contract,
it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground)
in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given
sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their
property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage
resulting from his blasting operations.
CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times while the
work is In progress under this contract. The successful bidder shall be required to fumish 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 Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
Insurance shall be carried with an insurance,company authorized to transact business in the State of Texas and
shall cover all operations in connection with this contract, whether performed by the Contractor or a
subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate
of insurance specifying each and all coverage's shall be submitted prior to contract execution.
The insurance certificates fumished shall name the City as an additional insured, or in the alternative,
shall be accompanied by a statement from the Contractor to the effect that no work on this particular
project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all
proof of coverage insurance documents including workers compensation coverage for each
subcontractor.
18. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
Included in these contract documents. The wage rate which must be paid on this project shall not be less than
specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders'
attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for
the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of
the schedule of general prevailing rate of per diem wages in these contract documents does not release the
Contractor from compliance with any wage law that may be applicable. Construction work under this contract
requiring an inspector will not be performed on weekends or holidays unless the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort
to complete the contract within the allotted time.
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Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must
notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires
to do work and obtain written permission from the Owner's Representative to do such work. The final decision on
whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's
Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done under this
contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work,
regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer
dangerous to property or life.
19. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project
under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without
discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site
of the work shall not later than the seventh day following the payment of wages, file with the Owner's
Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each
employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit
shall state that the copy is a true and correct copy of such payroll, that'no rebates or deductions (except as
shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor
must classify employees according to one of the classifications set forth in the schedule of general prevailing rate
of per diem wages, which schedule is included in the contract documents.
6.
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The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars
for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer,
workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the
schedule of general prevailing rate of per diem wages included in these contract documents.
20. PROVISIONS CONCERNING ESCALATION CLAUSES
Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the
bidder without being considered.
21. PREPARATION FOR BID
The bidder shall submit his bid on forms 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 fumish the materials required. Such prices shall be written In ink, distinctly and legibly, or
typewritten. In case of discrepancy between the price written in words and the price written in figures, the price
written in words shall govern. If the bid is submitted by an individual, his name must be signed by him or his duly
authorized agent. If a bid Is submitted by a firm, association, or partnership, the name and address of each
member must be given and the bid signed by a member of the firm, association or partnership, or person duly
authorized. If the bid is submitted by a company or corporation, the company or corporate name and business
address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing
agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The
bid shall be executed in ink.
Each bid shall be enclosed in a sealed envelope, addressed as specified In the Notice to Bidders, and endorsed
on the outside of the envelope in the following manner.
(a) Bidder's name
(b) Bid for (description of the project).
Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no
bid may be withdrawn or altered thereafter.
22. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the
following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Submittal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (f any).
(h) Specifications.
(i) Insurance Certificates.
All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
Incorporated by reference into the aforementioned contract documents.
23. QUALIFICATIONS OF BIDDERS
The bidder may be required before the award of any contract to show to the complete satisfaction of the City of
Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified
therein in a satisfactory manner. The bidder may also be required to give a past history and references in order
to satisfy the City of Lubbock in regard to the bidder's qualifications. The City of Lubbock may make reasonable --
investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the
bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of
Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to
satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to
complete the work described therein. Evaluation of the bidder's qualifications shall include:
1. The ability, capacity, skill, and financial resources to perform the work or provide the service required.
2. The ability of the bidder to perform the work or provide the service promptly or within the time specified,
without delay or interference.
3. The character, Integrity, reputation, judgment, experience, and efficiency of the bidder.
4. The quality of performance of previous contracts or services.
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BID SUBMITTAL
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BiD SUBMITTAL
LUMP SUM BiD CONTRACT
PLACE: Lubbock Municipal Bldc.. 1625 13ti, Street, Lubbock, Tx
DATE: May 21, 1997
FPROJECT NUMBER: BID 997105 - FIREPROOFING AT MAHON LIBRARY
Bid of Quality Service Tnr _ (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
FGentlemen:
The Bidder in compliance with your invitation for bids for the construction of a f ire -,proof ' n • of columnsbeams
, ' yi a
as specified at Basement of'Mahon Library
7 having carefully examined the plans, specifications, Instructions to bidders, notice to bidders and all other related
t 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.
r, 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.
r MATERWLS: '1'«enty-nine_ Thousand One Hundred Thirty Dollars & 100 ($ 29,130.00
f SEWC - o ES: Nineteen Thousand Four Hundred Twenty & N /100 ($ 19.420.00
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TOTAL BID: Fnrty-pi r�ht 'i"nonganr. Five Hundred Fifty Dnl 1 ars & NO/10($ 48, 550.00
ALTERNATE #1: Deduct amount from total bid should the City of Lubbock provide ventilation fans to ventilate the
r basement area.
TOTAL ALTERNATE #1 (Dedurs & no/100---------- ($ 1 . non- on
(Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified In a written
"Notice to Proceed" of the Owner and to fully complete the project within 201TWENTY) 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 $300 (THREE HUNDRED DOLLARSi for each consecutive calendar day in excess of
l the time set forth hereinabove for completion of this project, all as more fully set forth In the general conditions of the
l contract documents.
i
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
Instruction number 21 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the work
on which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company,
payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total
amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if
required) within (ten) 10 days after notice of award of the contract to him.
i:.nclosed with this bid is a Cashler's Check or CeCfed Check for
Dollars ($ ) or a Bid Bond in the sum of Thousand Fo Dollars ($ 2 , 427.50 ),
which it is agreed shall be collected and retained by a eras iqui a e amages in the event the bid is accepted by
the Owner and the undersigned fails to execute the necessary contract documents and the required bond Of any) with the
Owner within ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check
or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Bidders.
Authorized Sig tune
Steve Heiskell
(Printed or Typed Name)
ality Service & Supply, Inc.
Company
1500 West 3rd
Address
Amarillo Potter
City, County
Texas 79106
State Zap Code
Telephone: 806 - 373-6801
Fax: 806 - 373-5830
(Seal If Bidder is a Corporation)
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BID BOND
Know a I I men by. these presents:
That Quality Service & Supply, Inc.
(hereinafter called the Principal) as Principal, and the MERCHANTS BONDING COMPANY (Mutual)
a corporation of the State of Iowa, with its Home Office in the City of Dep Moines, Iowa, (hereinafter
called Surety), as Surety, are held and firmly bound to City of Lubbock, Texas
(hereinafter called the Obligee) in the full and just sum of (i 1
Five Percent Of The Total Amount Bid*** Dollars
good and lawful money of the United States of America, to the payments of which sum of money well
and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
Signed, sealed and dated this 215t day of May 16 97 .
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to
the Principal for Fire Proofing for Mahon Library
according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly
make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and
award, and shall give bond for the faithful performance thereof with the MERCHANTS BONDING
COMPANY (Mutual) and Surety, or with other Surety or Sureties approved by the Obligee; or if the
Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer
by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and
void; otherwise it shall be and remain in full force and effect.
IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed
and sealed.
Oualitv Service & Supply, Inc.
Witness: Principal
Oc�. o. �c�d By 2,,
(Mutual)
r
By,
r•
7
Merchants Bonding Company
OA=AL)
POWER OF ATTORNEY
Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the taws
of the State of Iowa, and having its principal office in the City of Des Manes, County of Polk, State of Iowa, hath made, constituted and
appointed, and does by these presents make, constitute and appoint
Daniel B. Fleming, Lee Napier, William L. Hamilton, Jr., John B. Murray,
John W. Hassey, James J. Bovenzi, Susan Hicks, or Lily Garza
Of Amarillo and State of Texas its true and lawful Attomey-in-Fad, with fun power
and authority hereby conferred In Its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all
bonds, undertakings, recognizances or other written obligations In the nature thereof, subject to the limitation that any such Instrument shall
not exceed the amount of
ONE MILLION ($1,000,000.00) Dollars
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as M such bond or undertaking was
signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and an such acts of said Attorney -In -Fact,
pursuant to the authority herein given, are hereby ratified and confirmed.
This Power-d-Attomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-laws
adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992.
ARTICLE II, SECTION 8. — The Chairman of the Board or President or any Vice President or Secretary shall have power and author-
ity to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company
thereto, bonds and undertakings, recognizartces. contracts of Indemnity and other writings obligatory in the nature thereof.
ARTICLE II, SECTION 9. — The signature of arty authorized officer and the Seal of the Company may be affixed by facsimile to any
Power of Attorney or Certification thereof authorizing the execution aird delivery of any bond, undertaking, recognizance, or other
suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though
manually fixed.
In Witness Whereof. MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its Vice -President and
its corporate seal to be hereto affixed, thus 28th day of December .19 95
STATE OF IOWA
COUNTY OF POLK ss.
•......
.•�'X0 Cp'•.
�O�ORP Uq�'O9'
-o- o�
;a: 1933 ; �•
.y •
. J •C1r.
. d �a •
00
.•
MERCHANTS BONDING COMPANY (MUTUAL)
By
"Co /`7 ;;��
P>•sC•M
On this 28th day of December .19 95 , before me appeared Larry Taylor• to me
personalty known, who being by me duty swom did say that he is Vice -President of the MERCHANTS BONDING COMPANY (MUTUAL),
the corporation described in the foregoing instrument, and that the Seat affixed to the said instrument is the Corporate Seal of the said
Corporation and that the said instrument was signed and seated in behalf of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Manes, Iowa, the day and year first
above written.
STATE OF IOWA
COUNTY OF POLK ss.
• •.
�K MCC L
• o: Z •
IOWA
• '9R1g1.
O�U4 ACC
Notary Public, Polk County, Iowa
My Commission
Expires 2-19-98
1. Witham Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
Is a true and correct copy of the POWER -OF -ATTORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still
In force and effect.
In Witness Whereof. 1 have hereunto set my hand and affixed the Seal of the Company on
this 21 s t day of May 19, 9.7 • •..... • �/
s__Wy
y 9J .y5 ;
This Power -of -Attorney expires 12-31-97 : �; 2 -o-
MSC 0814 ' a' 1933 ; c'
1.
2.
3.
4.
5.
6.
7.
s.
10.
LIST OF SUBCONTRACTORS
Minority Owned
Yes
No
❑
0
❑
0
❑
❑
❑
❑
0
❑
0
❑
❑
❑
❑
❑
0
❑
❑
❑
PAYMENT BOND
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
�. OF THE TEXAS GOVERNMENT CODE
'(CONTRACTS MORE THAN $25.000) -
~ KNOW ALL MEN BY THESE PRESENTS, that Qua 1 i ty Servi ce_ & Su2D1 y (hereinafter called the Principal(s), as
Inc.
Pncip 1 s), and
Aerci its Bonding Company (Mutual)
3
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee). In the amount of * Dollars ($_ 8 , 5 50,0 ) lawful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, Jointly and severally, firmly by these presents.
*Forty Eight Thousand, Five Hundred Fifty and No/100*** 12th
WHEREAS, the Principal has entered into a certain written oor&act v th the, Obligee, dated the day of
' June ,19�,Z,, to _Qi d 197105 - Fireproof i ng at MAhnn, J i hra ry
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 fWly and to the same extent
I as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OSUGATION IS SUCH, that if the said Principal Shall pay a all
claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said
contract, then, this obligation shall be void; otherwise to remain in full force and effect
PROVIDED, HOWEVER. that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
J 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
ar, 26th day of June 19 97
Merchants Bonding Company Mutual)
a -
Quality Service & SupDly, INc.
Principal
�
By-fe."L,40"V.fie)Pres' nt
By
Crdle)
By:
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
r designates Howard Cowan an agent resident in Lubbock County to whom any fequisite notices may be
�a delivered and on whom service of process may be had In matters arising out of such suretyship.
Merchants Bonding Company (Mutual)
_ Approved as to form:
71 City ock
By: r � C omey
• Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attomey in Fact, we must have copy of power.of
attorney for our files.
l
Merchants Bondin Company
(MUTUAL) y
POWER OF ATTORNEY
!Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duty organized under the laws
of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk. State of Iowa, hath made, constituted and
appointed, and does by these presents make, constitute and appoint
Daniel B. Fleming, Lee Napier, Will L. Hamilton, Jr., John W. Murray,
John W. Hassey, James J. Bovenzi, Susan Hicks, or Lily Garza
Of Amarillo and State of Texas its true and lawful Attorney -in -Fact, with hull power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver In its behalf as surety any and all
bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall
not exceed the amount of.
ONE MILLION ($1,000,000.00) Dollars
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was
signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all such acts of said Attorney4n-Fact,
pursuant to the authority herein given, are hereby rated and confirmed.
This Power -of -Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By -Laws
adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992.
ARTICLE It. SECTION 8. — The Chairman of the Board or President or any Vice President or Secretary shall have power and author-
ity to appoint Attomeys-in-Fad, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company
4 thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
ARTICLE II, SECTION 9. — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any
Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other
suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though
manually fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its Vu;e-President and
its corporate seal to be hereto affixed, this 28th day of December .19 95
• •' G 'C.' • • MERCHANTS BONDING COMPANY (MUTUAL)
1933 ; c; By -0`7
r
l : • b36Y � \,a
STATE OF IOWA •'•• •'�
COUNTY OF POLK ss
On this 28th day of December 19 95 before me appeared Larry Taylor, to me
personally known, who being by me duly swom did say that he is Vice -President of the MERCHANTS BONDING COMPANY (MUTUAL),
4 the corporation described In the foregoing instrument, and that the Seat affixed to the said instrument is the Corporate Seal of the said
l►� Corporation and that the said instrument was signed and sealed in behaff of said Corporation by authority of its Board of Directors.
g In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first
& above written.
i .
•A K. Moc `%C�
• Q Z. • Notary Public, Polk County, Iowa
• IOWA
s My Commission
o�.'• • ...•• �� Expires 2-19-98
STATE OF IOWA 4 R I A%- S •
COUNTY OFPOLK ss. •'•.•••••.••�
1"+ 1, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is a true and correct copy of the POWER -OF -ATTORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still
in force and effect.
In Witness Whereof, I have hereunto set my hand and affix4d the Seal of the Company on
this 26th day of June 19, 97. ••.G ..•• �,l Q�
���baP Oq '°y •. Spry
9
This Power-of-Altomeyexpires 12-31-97 ' 6.. -0-
t�++y'� •
MSC 0814 ' oar 1933 .:•c•
PERFORMANCE BOND
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of Dollars ($ ) lawful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of
, 19 , to
and said principal under the law is required before commencing the work provided for in said contract to execute a bond
in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent
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.
r IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and seated this instrument this _
f day of , 1 S
Surety Principal
By: By
(Title) (Title)
By:
(Title)
By:
(Title)
r-
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates an agent resident in Lubbock County to whom an � g g my y requisite notices may be delivered and
on whom service of process may be had in matters arising out of such suretyship.
Surety
*By:
(Title)
Approved as to Form
City of Lubbock
By:
City Attorney
* Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney In Fact, we must have copy of power of
attorney for our files.
CERTIFICATE OF INSURANCE
TEL: Jun 26 97 15:23 No.031 P.01
7
F
Century III of Amarillo,
P. O. Box 50430
Amarillo, TX 79159
(806) 372-2474 Fax
, *--* ................... .
QUALITY SERVICE
1500 We 3RD
7 AMARILL0j, TX
I
I
I
F
F
I
6126/1997
THis egnmem IS ISSUED AD A NATTER OF INFORMAM.DN ONLY AND
CONFERS No RMTS UPON THE CERTIFICATE HOLDER. THIS CERTMCATE
Inc. DOES NOT AMEND, UMD OR ALTER THE COVERAGE AFFORDED BY THE
POUCIRS BELOW.
........... ...... .. . .............................. .............. . ..... . .......... . .
COMPANIES AFFORDING COVERAGE
372-3402 . . ............... ............................ ......... .
& SUPPLY,
79106
THIS 18 To CERTIFY THAT TIJE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUM 10 THE INSURED NAMED ABOVE: FOR THE POLICY PERIOD
iNOICAT -0, NOTWITHSTANDING ANY RECKAREMENI, ILRM 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 13 SUBJECT TO Al I THE TERMS,
EXCLUSIONS AND CoNumoNs or SUCH POUCIES, UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
.. .. .. ... .. ........ ...... ................. I ............. .... .. ... ...... .......... ............................ ............. . .. ..... ................... ......
.. ...... ......... .
!
;POLICY VF9CT=
TYPI OF NISURME POLICY NAMLYREDAY9 VAd111D^
POLLY EWRAMON LYRE
DA711 QAADWM
. ...................... ........
OrjwkAL Lamfly
............................ ........
GEWA& AOOMMTE
-- ................
i :s
OOMMMOM GOMk LMrTY DIMPLO51200140
.................
1 PRODOOTS40LINOP AW.
2 p 000, 000
CLAM WDE : :00M
: ....... !DS/01/97
.............. . . ..............
0 5 0 3. 9 8.imiZON& & Am-.*aw ......
...... i .... a ...... -0.
-!6 ........ r .... . ... q r q 0
Ovalmz & CONTRACTORS MOT. i
CE
-i 1,000,066
........
.. . . ..................... . ................
:FwDAMAGEWyem%)
.............. . .........
...............
-.1 sopodd
. ..... ........
................................ ... . ........
................................... ........................ .......... ...........
. ...... .........
-NSE (Any w& pefwOl HIED
EV6
.. ... .... .... . . ............................................................. ... �.uqqp
70YOUNU LIABLITY
........ ..
COMED SINGLE
LLqT
is 1,0000000
x. ANY AUTO OBAUT951290240
X ALL OMMI) AMOS' iD5/01/97
..................................................
9
.............
X 30HtttULED ALftM
.........
X HMO AUTOS
.................. ............. . .
RMLY MAW
... ................ .. . .
:s
X
Nr 20ciderd
.............
GAMW UMLaY
.........................
FROPM3 r DAMAGE
. ........... ............ .......................... . .................. .................. ..
ll�� iLlikillim
.................... ............ .................
EACH 0001.r4tNce
...................
WMELLA FM
...............................................
AGORMA'M
....... . ............................
OTHER YHM I)MMMIA MW
.. .... ........................ I .......... ........... ...................... .............. . ......................... . .................................
......... .
.................. ............. . . . . . .........
women COLIPOSAr"
STATUTORY L*ArT3
B� WC*73143 b3/01/97
05 / 02 / 9 8;
500,000
AM...............
.......
...... .
. ............ I ............
Lammy
OW-A.W - POLICY I U
.................. .....................
.
...... ........................................
........ ... ....
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.......-.............................
..
.. ....atom
.................................................
.
............. ......................................
C-GEN LIABILITY GLIC1011181
b5/01/97 :05/01/9811,000,000
2j000r000
jNSULATION/R00F
::EXCL-MED PAY
50,000
7
........................................................ ..... . .............................
l":0RvmN nm
i
. ..... . ................... .... ........................ w . . ............. - .............. .................. ................................
. ..... . .................. . .......
OF *wArl"&U)CAmON&wm0zt%mmL
WAIVER OF SUBROGATION AND
ADDITIONAL INSURED ARE ADDED IN FAVOR OF
THE CERTIFICATE HOLDER.
1.
'CITY OF LUBBOCK
OFFICE OF PURCHASING
!?. O. BOX 2000
LUBBOCK TX 79457
SHOULD ANY OF THE ADM DESCRIBED POLICIES BE CANCELLED BEFORE THE
L%PIAAlION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL, 910 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, Mg FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
UABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESDOATIVES.
r
06-26-97 16:21
RECEIVED FROM:
TEL
Jun 26 97 13:17 No.018 P.01
Century III of AMarillo, Inc*
1 P. 0. Box 50430
7 Amarillo, TX 79159
i
(806) 372-2474 raz 372-3402
. ..... ............ . ............... ..................................................................
MEMO
QUALITY SERVICE & SUPPLY, INC.
1500 N. 3RD
AMARILLOf TX 79106
MUZ DATE WlMtM
I "c I
I : - 6/26/1997
............. .. ................ I .... ......
THIS CER71FICAYE 18 188VED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO 1110HU UPON THE CERTIFICATE HOLDER. THIS CERMCATE
DOES NOT AMEND, "TEND OR ALTER THE COVERAGE AFFORDED BY THE
PWC IES BELOW.
... ....... .. ........ . ... ............ I ............. .......... I ................................... ...... I .... ....
COMPANIES AFFORDING COVERAGE
. ... . ............ I .................... ............................ ... .... ...... ... ............. ..........
A HOUSTON GENERAL
LETTIM
................................................. .................. ..................
.. . .......... B COLONIAL CASUALTY
............... ........... ........................... ..... .................................
C LEGION INDEMNITY
. .... ........ ................. ... ............................ ................. . ........
OOWANY r%
151ITIM
........................ .............. ................... ...............
COWAW E
LEM
......... . ......- . ........ .......... ......
THIS IS TO CERTIFY THAT THE POLICALS OF INSLARANCF LISTED BELOW HAVE BEEN MUM TO THE INSURED NAMED ABO* FOR THE Pol ICY PERIOD
INDIOA110, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT To WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 13Y 1HE POLICIES
DFSGRISED HEREIN IS SUBJECT TO ALL THE
TERMS,
EXCLUSIONS AND CONDITIONS OF $UCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
. .. ................................. ............ ....... :1 .......... ........ ... ....... ............................
II
co 7 FOUCT VVW=M
TM OF NWJRAN= PO= ■RMZR
LTA. DATE W=^
.. .
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DAVt O"WM
. ........ .. . ........... ........... .......................
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. .. .. .. . ........................ .......
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...........
2
COMMUV.'X dENEIM U01ITY
....................
PRObUCTS-aWRUP AGO.
4
2 4,
........ ..........
CXANS MAN X 0=01
.. ..... 05/01/97
.........
0 5 10 1 9 a: M130ft L A(W. #MRY
... .. . .... .............. ... ...... ..
4 ....
l.".000,000
.. ....
rI
10ANERS & COMMAVIM PDT.
...........................................
IZA0i 000WCENCE
.......... I—— ................ ...
FIRE DAMAOr (Any " Am)
:s
* ...
: I
1"000,06b
.............I..............0..
50,000
.. . ...................................
.............
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...
I
...........
51000
............ .................. ............. .. ...... ....... .. .....
AuTollow UARXM
................................ . ..................................
COM13MD 61NOM-
umrr
6
1,000,000
F-
A: XimyAmo
X All LIMED AU= 05/01/97
05/ 01/ 98:'B'0DLY''W_MY .........
...........
X T*UULEI) AV=
CP#r PON*
...
Y, AUT09
X Noww= NJTOS
........... ...........
SWILY NAIRY
aocldlerlo
. .....................
OARAOC 00LITY
zPAOPUM DAMAGE
Pm
Lx. . . ......... ................ ........................... ..................................
:ms UABLRY
............................... ..............
FACH OCCLWFIENCE
........................... ... .
...... . ....
......................
klVMF9lIA FORM
'"GREGATE
OTHM THAN UMBPELLA FORM•
.................................................... ... ................................................. .......................
.......... .......
...... ................
. . ..
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STATUTORY L#&M
. Aw...... .."....... .................
"m NT
05/ 01 98
Wr.00.()
AM
:;
............................
500,000
1110%aym, U"LM
..... .... I ..- . ........ ......
OLWDAM CACH SAPLOYCE
...
.............. I ..........
500,000
ran
.......... .......... ...........
OTHM
C! GEN LIABILITY 81.13101161
0S/01/97
05/ 01/ 98:4 1,000,000
2,000,000
;INSULATION/ROOF
EXCL-Mil PAT
501000
.......................... I ....... .......................... . ...... ................................. ...... ....... . ....... . ....... ............
............... ............... ............... ...................................
...........
is
r
PAZ #(806)767-2164
CITY OF LUBBOCK
-OFFICE OF PURCHASING
P. 0. Box 2000
LUBBOCK TX 79457
SHOULD ANY OF THE ABOVE OFF NBED POLICIES BE CANCELLED BEFOREIHE
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL -Q-1-0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT PAIWRt M MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIANUTY OF MY KIND UPON THE 0OMPMY_9`S AGENTS OR REPRESIENTATIVES.
r
86-25-97 14:14
RECEIVED FROM:
P-01
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Appropriate Insurance Agent/Broker
Prior to Award of Contract
r` I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have
been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this
contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by
contractor, furnish a valid insurance certificate to the City meeting all of the requirements defined in this
bid/proposal.
Agent (Signature) Agent (Print)
r- Name of Agent/Broker:
Address of Agent/Broker:
r City/State/Zip:
�.. Agent/Broker Telephone Number. ( )
Date:
r CONTRACTOR'S NAME:
(Print or Type )
j w CONTRACTOR'S ADDRESS:
r
NOTE TO AGENTIBROKER
if this time requirement is not met, the City has the right to reject this bid/proposal and award the
contract to another contractor. If you have any questions concerning these requirements, please
contact the Purchasing Manager for the City of Lubbock at (806)767-2165.
BID 097105 - FIREPROOFING AT MAHON LIBRARY
CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based
on proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity
prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter,
(6) notify the governmental entity In writing by certified mail or personal delivery, within ten (10) days after
the contractor knew, or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project;
t" (7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to
provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other
r„ 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 (see
reverse) be covered by workers' compensation Insurance. This includes persons providing, hauling, or delivering
equipment and materials, or providing labor or transportation or other service related to the project, regardless of the
Identity of their employer or status as an employee.'
"Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the
legal requirement for coverage, to verify whether your employer has provided the required coverage, or
to report an employers 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.
() a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of
the coverage period, If the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter,
(G) notify the govemmentai entity In writing by certified mail or personal delivery, within (ten)10
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(H) contractually require each other person with whom It contracts, to perform as required by
paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they
are providing services.0
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7 CONTRACT
STATE OF TEXAS
l COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 12th day of June,1997 by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so,
hereinafter referred to as OWNER, and Quality Service & Supply, Inc. of the City of Amarillo, County of Potter and
the State of Texas hereinafter termed CONTRACTOR.
I WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
r BID 997105 - FIREPROOFING AT MAHON LIBRARY - $48,650.00
I and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own
` proper cast 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
r,,,
7 contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance
with the bid submitted therefore, subject to additions and deductions, as provided In the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
A ST:A.LU _ UBBO ,TEXAS OWN R -
By:
SecretaryMAYOR
A OVEI T CONTENT:
wn is R pre entative
7
ATTEST:
Corporate Secretary
7 'P, aj -
CONTRACTOR:
COMPLETE ADDRESS:
Quality Service & Supply, Inc.
1500 West 3rd
Amarillo, Texas 79106
7
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GENERAL CONDITIONS OF THE AGREEMENT
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2.
3.
4.
5.
6.
7.
GENERAL CONDITIONS OF THE AGREEMENT
OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used In this contract, it
shall be understood as referring to the City of Lubbock, Texas.
CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be
understood to mean the person, persons, co -partnership or corporation, to wit Quality Service & Supply, 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 GEORGE LISENBE BUILDING & ENERGY ADMINISTRATOR, who will
Inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said
Owner to act in any particular under this agreement. Engineers, supervisor or Inspectors will act for the Owner
under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting
on behalf of the Contractor.
CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed
Agreement, Statutory Bonds Of required), General Conditions of the Agreement, Special Conditions of the
Agreement of any), Specifications, Plans, Insurance Certificate, and all other documents made available to
Bidder for his inspection in accordance with the Notice to Bidders.
INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated,* "Required," "Considered Necessary," "Prescribed," or
words of like import are used, it shall be understood that the direction, requirement, permission, order,
designation or prescription of the Owner's Representative Is intended; and similarly, the words "Approved,"
"Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the
Owner's Representative.
SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due
Subcontractor.
WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member
of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the
last business address known to him who gives the notice.
8. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other
facilities necessary for the execution and completion of the work covered by the contract documents. Unless
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.
The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials
or work described in words which so applied have well known, technical or trade meaning shall be held to refer
such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract
documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will
check the Contractoris layout of all major structures and any other layout work done by the Contractor at
Contractoris 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 Owneris 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 Contractoris 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 Owneris 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
Contractoris expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative shall review all work Included herein. He has the authority to stop the work whenever such
stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and
disputes and to discourage litigation, it Is further agreed that the Owner's Representative shall, in all cases,
determine the amounts and quantities of the several kinds of work which are to be paid for under this contract.
He shall determine all questions In relation to said work and the construction thereof, and shall, In all cases,
decide every question which may arise relative to the execution of this contract on the part of said Contractor.
The Owner's Representatives' estimates and findings shall be conditions precedent to the right to any action on
the contract, and to any rights of the Contractor to receive any money under this contract.
f 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.
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15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from
time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may
deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said
material is fumished and said work is done in accordance with the specifications therefore. The Contractor shall
r" furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the
proper inspection and examination of the work. The Contractor shall regard and obey the directions and
Instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and
r- instructions are consistent with the obligations of this Agreement and accompanying plans and specifications
provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or
Inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his
decision.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory
to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions
given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable
representatives of the Contractor is essential to the proper performance of the work and lack of such supervision
shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the
Contractor and all risk In connection therewith shall be bome by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of his agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and
location of the work, the confirmation of the ground, the character, quality and quantity of materials to be
encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the
work, and the general and local conditions, and all other matters which in any way,effect the work under this
contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before
or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained.
is. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful In the performance In the type of work
required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform
him in writing that any man or men on the work, are, in his opinion, Incompetent, unfaithful, or disorderly, such
man or men shall be discharged from the work and shall not again be employed on the work without the Owner's
Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution
and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and
it Is also understood that Owner shall not be held responsible for the care, preservation, conservation, or
protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and
accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the
Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at
all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public
observation, shall be constructed and maintained by the Contractor In such manner and at such points as shall
be approved by the Owner's Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work.
Contractor shall make necessary arrangements and provide proper facilities and access for such observation and
testing at any location wherever work is in preparation or progress.. Contractor shall ascertain the scope of any
observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to
the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject
any work found to be defective or not In accordance with the contract documents, regardless of the stage of its
completion or the time or place of discovery of such errors and regardless of whether Owner's Observer has
previously accepted the work through oversight or otherwise. If any work should be covered without approval or
consent of the Owner, It must, if requested by Owner or Owner's Representative, be uncovered for examination
at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location
where it Is not convenient for Owner or Owner's Representative to make observations of such work or require
testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish
Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to
perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests
will be in accordance with the methods prescribed by the American Society for Testing and Materials or such
other applicable organization as may be required by law or the contract documents.
If any work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative,
be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and
approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the
requirements of any such tests, inspections or approval, and any work which meets the requirements of any such
tests or approval but does not meet the requirements of the contract documents shall be considered defective.
Such defective work shall be corrected at the Contractor's expense.
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Neither observations by the Owner or Owner's Representative, nor Inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections,
tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the
requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that If the work or any part thereof, or any material brought on the site of the work for use in
the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not
In conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice
thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such
work so that it shall be in full accordance with this contract. It is further agreed that any remedial action
contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
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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,
r. either before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for
a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount
of work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
�. otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make
such changes or alterations as shall make useless any work already done or material already furnished or used in
said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual
loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally
j" 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:
3 Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
r 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
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other insurances as may be required by law or ordinances or directed by the Owner or Owners Representative,
or by them agreed to. Owners 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 Owners Representative. The Owner's
Representative may also specify in writing, before the work commences, the method of doing the work and the
type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the
Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be
determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership
Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for
the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent
(15%) of the actual field cost to be paid to Contractor shall cover and compensate him for his profit, overhead,
general superintendence and field office expense, and all other elements of cost and expense not embraced
within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be
maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be
included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case
any orders or instructions appear to the Contractor to involve extra work for which he should receive
compensation or an adjustment in the construction time, he shall make written request to the Owner's
Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what
does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists
upon its perrormance, the Contractor shall proceed with the work after making written request for written order
and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C).
The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below
provided.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the bid, the specifications, plans
and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall
Include all appurtenances necessary to complete the work in accordance with the intent of these contract
documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in
these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a
clarification before the bids are received, and if no such request is received by the Owner's Representative prior
to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included
and has provided sufficient sums in his bid to complete the work in accordance with these plans and
specifications. It is further understood that any request for clarification must be submitted no later than five days
prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality
of work with the rate of progress required under this contract, the Owner or Owner's Representative may order
the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall
comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the
Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give
reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and.
equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
Construction" of Associated General Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indemnify and
save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any
character whatsoever, brought for or on account of any injuries or damages received or sustained by any person
or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their
',.. agents or employees, in the execution and supervision of said contract, and the project which is the subject
matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary
barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained
against the Owner or any of Its officers, agents, or employees including attorneys 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 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.
The Insurance certificates furnished shall name the City as an additional insured, or in the alternative,
shall be accompanied by a statement from the Contractor to the effect that no work on this particular
project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all
proof of coverage insurance documents including workers compensation coverage for each
subcontractor.
A. 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
r Personal Injury
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Advertising Injury
B. ' Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
For bodily injuries, including accidental death and or property damage, $250.000 Combined Single Limit.
This policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $150.000 Combined Single Limit,
to include ail 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 Policy
The Contractor shall obtain a Builder's Risk policy in the amount of 0°% of the total contract price (100°%
of potential loss) naming the City of Lubbock as insured.
E. Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of $0.00 on all contracts with
coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability
coverages.
F. 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 ("certifrcatel - 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 406.096) - Includes all persons or
entities performing all or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the contractor and regardless
of whether that person has employees. This Includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of
any such entity, or employees of any entity which furnishes persons to provide services on the
project. "Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2. The contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements
of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
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3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the contractor's current certificate of coverage ends during the
duration of the project, the contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
5. The contractor shall obtain from each person providing services on the project, and provide to
the governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
6 The contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
7. The contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the project.
8. The contractor shall post on each project site a notice, In the text, form and manner prescribed
by the Texas Workers' Compensation Commission, Informing all persons providing services on
the project that they are required to be covered, and stating how a person may verify coverage
and report lack of coverage.
9. The contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(b) provide to the contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the contractor.
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
- one year thereafter,
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have,known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person for
whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the
contractor is representing to the governmental entity that all employees of the contractor who will
provide services on the project will be covered by worker's compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self -insured, with the commission's Division of Self -
Insurance Regulation. Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
11. The contractor's failure to comply with any of these provisions is a breach of contract by the
contractor which entitles the governmental entity to declare the contract void if the contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the
Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as
evidence of compliance with the above Insurance requirements, signed by an authorized representative
of the insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date bome by
such'certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date bome by
such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured
at the address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the
job specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of
the project based on proper reporting of classification codes and payroll amounts and
filling of any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, If the coverage period shown on
the contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the
governmental entity:
(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
I) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter,
(f) notify the governmental entity In writing by certified mail or personal delivery, within 10
days after the contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Act or other commission rules. This notice must
be printed in at least 19 point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be
the following text provided by the commission on the sample notice, without any
additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services
related to this construction project must be covered by workers' compensation
Insurance. This Includes persons providing, hauling, or delivering equipment and .
materials, or providing labor or transportation or other service related to the
project, regardless of the identity of their employer or status as an employee.'
'Call the Texas Workers' Compensation Commission at 5IV440-3789 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:
01 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;
( 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;
NO 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
(vii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (A) - (H), with the certificate of coverage to be provided
to the person for whom they are providing services.
29. DISABLED EMPLOYEES
Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990,
and agree not to discriminate against a qualified individual with a disability because of the disability of such
Individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND
FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES
The Contractor agrees that he will Indemnify and save the Owner harmless from all claims growing out of any
demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts
thereof, equipment,power tools, all suppliers, including commissary, incurred in the furtherance of the
performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all
obligations of the nature hereinabove designated have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of
those designated In the preceding paragraph and shall fail to pay and discharge any such indebtedness within
five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain
unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid Indebtedness
or may apply the sum so withheld to discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
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31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
r" 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
r., therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be
j 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 $300 (THREE HUNDRED DOLLARS I PER DAY, not as a penalty, but as liquidated
damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor
shall be in default after the time stipulated for completing the work. -
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the
completion of the work described herein is reasonable time for the completion of the same, taking into
consideration the average climatic change and conditions and usual industrial conditions prevailing in this
locality.
t.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the
Impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event
sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner
from current periodical estimates for payments or from final payment.
It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract.
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor
shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such
manner as shall be most conductive to economy of construction; provided, however. that the order and time of
prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance
with this contract, the plans and specifications, and within the time of completion designated in the bid; provided,
also, that when the Owner is having other work done, either by contract or by his own force, the Owner's
Representative may direct the time and manner of constructing work done under this contract so that conflicts
will be avoided and the construction of the various works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the
Contractor will start the several parts of the work and estimated dates of completion of the several parts.
36. EXTENSION OF TIME
The Contractor agrees that he has submitted his bid in full recognition of the time required for the completion of
this project, taking into consideration the average climatic range and Industrial conditions prevailing In this
locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he
shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been
delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors
employed by the owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public
enemy, fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written
justification as may be required by Owner's Representative for such an extension as requested by Contractor.
The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the
Contractor supported by all requested documentation shall then consider such written request and respond to
Contractor in writing granting or rejecting the request for an extension of time to complete the project.
37. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that In undertaking to complete the work within the
time herein fixed, he has taken Into consideration and made allowances for all hindrances and delays incident to
such work, whether growing out of delays in securing material or workmen or otherwise. No charge shall be
made by the Contractor for hindrance or delays from any cause during the progress of any part of the work
embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for
the Owner's convenience, in which event, such expense as in the judgment of the Owner's Representative that Is
caused by such stoppage shall be paid by Owner to Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the
event this contract Is let on a unit price basis, then Owner and Contractor agree that this contract, including the
specifications, plans and other contract documents are Intended to show clearly all work to be done and material
to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done
and material to be furnished under this contract, they are approximate and are to be used only as a basis for
estimating the probable cost of the work and for comparing their bids offered for the work. It is understood and
agreed that the actual amount of work to be done and the materials to be fumished under this contract may differ
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somewhat from these estimates, and that where the basis for payment under this contract is the unit price
method, payment shall be for the actual amount of work done and materials furnished on the project.
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39. PROTECTION OF ADJOINING PROPERTY
,.. The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which may be Injured or seriously affected by any process of construction to be undertaken under
this agreement, from any damage or Injury by reason of said process of construction; and he shall be liable for
any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor
r' agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any
injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such
Indemnity shall not apply to any claim of any kind arising out of the existence or character of the work.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work
by the Contractor, and on the delivery of all materials embraced In this contract in full conformity with the
specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth In the
bid attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive
such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses
Incurred by him and for well and truly performing the same and the whole thereof In the manner and according to
this agreement, the attached specifications, plans, contract documents and requirements of Owner's
Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective
work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's
Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection
With the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there
are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by
Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have
not theretofore been timely filed as provided in this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application
for partial payment. Owner's Representative shall review said application for partial payment and the progress of
the work made -by the Contractor and if found to be in order shall prepare a certificate for partial payment
showing as completely as practical the total value of the work done by the Contractor up to and including the last
day of the preceding month; said statement shall also include the value of all sound materials delivered on site of
the work that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of
j the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be
retained until final payment, and further, less all previous payments and all further sums that may be retained by
Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to
completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual
delay occurs due to no fault or negligence on the part of the Contractor,, the Owner may upon written
recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage
due Contractor.
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43. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owners Representative written notice that the work
has been completed or substantially completed, the Owners Representative and the Owner shall inspect the
work and within said time, if the work be found to be completed or substantially completed in accordance with the
contract documents, the Owners Representative shall issue to the Owner and Contractor his certificate of
completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of
acceptance of the work to the Contractor.
44. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final
measurement and prepare a final statement of the value of all work performed and materials furnished under the
terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the
31st day after the date of certificate of completion, the balance due Contractor under the terms of this
agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said
payment shall become due in any event upon said performance by the Contractor. Neither the certificate of
acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of
the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this
contract or required in the specifications made a part of this contract.
45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the Owners
Representative on account of failure to conform to the contract, whether actually incorporated in the work or not,
and Contractor shall at his own expense promptly replace such condemned materials with other materials
conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of
other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any
such condemned work within a reasonable time after a written notice by the Owner or the Owners
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 Owners 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.
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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.
r.. 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
k for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after
the date of delivery to Contractor of the final decision'of the Owner's Representative. It is further agreed that
final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a
bar to any claim by either party, except where noted otherwise in the contract documents.
49. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written
notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of
the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the
Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete
the work and a copy of said notice shall be delivered to the Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery,
equipment, tools, materials or supplies then on the Job, but the same, together with any materials and equipment
under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or
another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore
(except when used In connection with Extra Work, where credit shall be allowed as provided for under paragraph
24 of this contract); It being understood that the use of such equipment and materials will ultimately reduce the
cost to complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for
within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either
of the following elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and
supplies as said Owner may deem necessary to complete the work and charge the expense of such
labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so
charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may
thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such
expense is less than the sum which would have been payable under this contract, if the same had been
completed by the Contractor, then said Contractor shall receive the difference. In case such expense Is
greater than the sum which would have been payable under this contract, if the same had been
-completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess
to the Owner, or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper
having a general circulation in the County of location of the work, may let the contract for the completion
of the work under substantially the same terms and conditions which are provided in this contract. In
case of any increase in cost to the Owner under the new contract as compared to what would have been
the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and
remain bound therefore. However, should the cost to complete any such new contract prove to be less
than that which would have been the cost to complete the work under this contract, the Contractor or his
Surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and
certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A
r. 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
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Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date
of certificate of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would
have been the cost to the Owner had the work been completed by the Contractor under the terms of this
contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner,
then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the
Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor
and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there
remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together
with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety_ at the
respective addresses designated in this contract; provided, however, that actual written notice given in any
manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the
risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect
such property. After fifteen. (15) days from the date of said notice the Owner may sell such machinery,
equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the
Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the
Owner may elect. The.Owner shall release any machinery, equipment, tools, materials, or supplies which remain
on the 'jobsite and belong to persons other than the Contractor or his Surety, to their proper owners.
50. ABANDONMENT BY OWNE
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,
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' 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.
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54. INDEPENDENT CONTRACTOR
Contractor Is, and shall remain, an independent contractor with full, complete and exclusive power and authority
to direct, supervise, and control his own employees and to determine the method of the performance of the work
a covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's
work during his performance and to carry out the other prerogatives which are expressly reserved to and vested
~' in the Owner or Owner's Representative hereunder, is not Intended to and shall not at any time change or effect
the status of the Contractor as an independent contractor with respect to either the Owner or Owner's
Representative or to the Contractor's own employees or to any other person, firm, or corporation.
55. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at
r' the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials
and shall leave the worts 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.
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CURRENT WAGE DETERMINATIONS
Resolution No. 5121
r" March 14, 1996
Item #19
RESOLUTION
WHEREAS, the City Council has heretofore established the general prevailing rate of
per diem wages for each craft or type of workmen or mechanics needed to execute public
`i works contracts for the City of Lubbock in accordance with the provisions of Vernon's
i I Ann.Civ.St., Art. 5159a; and
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WHEREAS, such wage rates were established by Resolution No. 719 enacted February
f 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
' i current prevailing rate of per diem wages; NOW THEREFORE:
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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 11
as set forth in the following named exhibits, which exhibits shall be attached hereto and made i
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a part hereof for all intents and purposes
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Exhibit A: Building Construction Trades
Exhibit B: Paving and Highway Construction
Exhibit C. Overtime Rate
Exhibit D: Weekend and Holiday Rate
i Such wage rates are hereby found and declared to be the general prevailing rate of per diem
j wages in all localities where public works are undertaken on behalf of the City of Lubbock and
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such wage rates shall be included in all public works contracts as provided by law.
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Passed by the City Council this 14th
ATTEST:
Betty M. JAnson, City Secretary
APPROVED AS TO CONTENT:
'-7)6w a4o�
Mary And ws, Managing Director of
Human Resources
APPROVED AS TO FORM:
a old Willard, Assistant City Attorney
HW:da/ccdocs/pubworks. res
February 14, 1996
2
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City of Lubbock
Building Construction Trades
Prevailing Rates
cmft
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
EXEE[BIT Y
Paving and Highway Construction
Prevailing Wage Rates
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer -General
Laborer -Utility
Mechanic
Mechanic -Helper
Power Equipment Operators
Asphalt Paving Machine
Bulldozer
Concrete Paving Machine
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grader Operator
Roller
Scraper
Tractor
Truck Driver -Light
Truck Driver -Heavy
Hourly Rate
6.00
5.50
7.35
5.75
10.50
5.50
6.50
5.50
5.50
6.25
7.25
5.50
7.00
7.00
7.00
6.50
7.00
6.50
8.50
6.00
6.50
6.50
6.00
6.50
,
11 EXffiBTT. C
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate.
EXHIBIT D
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is 1 1/2 times base rate.
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No Text
MAHON LIBRARY BASEMENT FIREPROOFING
(UN -FINISHED PORTION)
#9714
CITY OF LUBBOCK
LUBBOCK, TEXAS
Lubbock, Texas
PROJECT MANUAL
SPECIFICATIONS
t :k
JOE P.. GRIP/IES,
�'' 48231
� �F 4Or:4i .
SET #
1s o���
Prepared By:
GRIMES AND ASSOCIATES, CONSULTING ENGINEERS
P.O. Box 65
Wolfforth, Texas 79382
Phone:806/863-Z46Z Fax:806/863-2479
SECTION 01010 - SUMMARY OF WORK
1. GENERAL:
�,. 1.1. Drawings and General Provisions of the Contract, including General and Supplementary
Conditions and Division 1, apply to then work of this Section.
1.2. The site of the project is located at the Mahon Library, Lubbock, Texas.
1.3. Before submitting a bid for this work, each Bidder is responsible for having examined the
site and is aware of existing conditions under which he will operate and could in any manner
affect the work under this Contract. No allowance will be made subsequently in this connection
to Contractor for error or negligence on his part, or slight discrepancies in Drawings.
r' 1.4. Discrepancies between conditions at the site and requirements of the Contract Documents
shall be reported to the Architect, in writing, before any bids are opened. Architect will issue
necessary instructions to Bidders.
2. BRIEF DESCRIPTION OF THE BASE BID:
2.1. Apply spray -on fire proofing to exposed structure in the indicated portion of the
basement. Spray -on fireproofing is not required on the floor deck.
END OF SECTION 01010
01010-1
SECTION 01040 - COORDINATION
1. CONSTRUCTION TME•
1.1. The use of insufficient labor or equipment for construction purposes or inadequate
T" scheduling of materials or equipment to be installed will not be allowed as cause for delay.
Schedule labor, materials, and equipment to site in quantities required for uninterrupted
progress of work and least obstruction of the premise. Extension of time or extra cost will not
.• be allowed for failure to order on time and in sufficient quantities.
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2. SITE COORDINATION:
2.1. The work under this Contract will be performed while other portions of the building are
being used for other activities. The Contractor shall confine his operations to the portions of
the site assigned to him by Owner and shall exercise diligence to prevent interference with the
activities in progress in other areas of the site.
3. SUPERINTENDENT:
3.1. The Contractor shall provide a competent Superintendent who is to be on the job any
time work is being performed, from the beginning of work until Final Acceptance.
Superintendent shall have the authority to act for the Contractor. Project Superintendent shall
not be replaced without Owner acceptance of such change.
4. FINISHED WORK:
4.1. Cover and protect finished floors, steps, treads, walls, existing equipment, etc. against
damage by workmen or equipment.
4.2. Note: The Contractor must inspect the facility as necessary to locate any existing damage.
r. Contractor must list IN WRITING any existing damage and shall have list reviewed and
initialed by the Architect/Engineer prior to beginning any work. The Owner is not aware of any
damage at this time, therefore, if at the time of final inspection any unreported damage is
�- discovered, it will be attributed to construction activities and the cost to repair the damage will
be deducted from the Contractors final payment.
5. CLEANING:
5.1. Contractor shall be responsible for leaving all finished surfaces clean, polished where
applicable and left in perfect condition. Broom clean all areas and remove rubbish from
01040-1
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premises to completion of each phase of work. Lot, sidewalks, and streets are to be kept free
of rubbish and dirt. Contractor shall provid 4suitable refuse cans for use of the workmen.
END OF SECTION 01040
01040-2
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SECTION 01060 - REGULATORY REQUIREMENTS
1. COMPLIANCE WITH ORDINANCES AND PUBLIC SAFETY:
1.1. Contractor shall secure and pay for all necessary permits and comply with all ordinances
and regulations pertaining to the work. Provide and maintain temporary walkways, fences, and
other structures required by Federal and State Regulations and Local Ordinances and in a
manner that will not interfere with traffic and public streets. Leave access to fire hydrants and
protect public and adjacent property at all times. Post proper signs at all truck entrances and
1 comply with all other safety precautions including applicable provisions of the National
Occupational Health and Safety Act (NOHSA) 1970. Contractor will be held liable for damage
r, to property or persons.
2. TAX EXEMPT CERTIFICATE:
2.1. The materials on this Project are Tax Exempt. Contractor will be issued a Tax Exempt
Certificate in accordance with Ruling 9 listed below:
"Ruling 9 as promulgated by the Comptroller of Public Accounts effective April 3,
1963, outlines the procedure a contractor is to follow in regard to his contracts when
performing such contracts for exempt organizations, institutions or agencies."
3. COMPLIANCE WITH WORKERS COMPENSATION REGULATIONS:
3.1. The Contractor shall comply with Texas Labor Code, Section 406-086 which requires
workers' compensation insurance coverage for all persons providing services on a building or
construction project for a governmental entity.
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3.2. The Contractor shall:
3.2.1. Provide workers' compensation coverage to the contractor's employee's for the
duration of the project.
3.2.2. File a certificate of coverage with Owner prior to contract award.
3.2.3. File certificates of coverage for all sub -contractors with the Owner prior to contract
award.
3.2.4. Re -file certificates of coverage within seven (7) calender days if coverage period
shown on the current certificate ends during the duration of the project. -
01060-1
3.2.5. Post "Notice B" (as found in the above statute) at the job site.
END OF SECTION 01060
01060-2
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SECTION 01100 - SPECIAL PROJECT PROCEDURES
1. COMPLETION DATE:
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I.I. It is also the responsibility of the Contractor to complete all the work within the time
�^ span stated on the Bid Form.
1.2. Failure to complete the work within either of time limitations shall activate the Liquidated
Damages provisions of the Agreement. Such damages shall continue until substantial
completion of the Project is achieved.
2. DISRUPTION OF LIBRARY ACTIVITIES:
2.1. Contractor shall confine his activities to the assigned areas and shall avoid disrupting any
library activities. Coordinate with Architect/Engineer and Owner prior to disturbing/cutting-off
any utility service.
2.2. Contractor and SubContractor shall refrain from associating with library patrons and
library staff during the course of this Project. Individuals which do not comply with restriction
will be removed from the Project and will not be allowed to return.
3. TRAFFIC CONGESTION:
3.1. The Contractor is alerted to heavy vehicular and pedestrian traffic congestion in the
vicinity of the project. Delays and costs associated with this congestion shall be included in the
Contractor's Base Bid.
3.2. Contractor must take every precaution to protect individuals iri the vicinity of the Project.
4. HAZARDOUS MATERIALS:
4.1. Hazardous materials of any classification will not be acceptable for use during
construction nor incorporation into the Project work. It is the responsibility of the Contractor
to insure that hazardous materials are not brought on to the construction site or incorporated
into the work.
4.2. The Owner is not aware of existing hazardous materials on the job site. If, during the
�-• execution of the work on this Project, the Contractor discovers any hazardous materials, he
shall immediately report same to Owner and cease operations in the immediate area of
discovery. This is not intended to affect all other construction operations not within the area of
exposure.
01100-1
4.3. Should existing hazardous materials be discovered on existing facilities, the Owner will
make arrangements for and pay all cosq associated with the removal, treatment, and/or
disposal of such materials prior to continued construction operations in the affected area or
area.
5. SITE AVAILABILITY: --
5.1. Contractor shall confine his activities to the area of this project. Parking for all
construction personnel will be identified at the PreConstruction Conference. _
5.2. The construction site will be available for construction operations on or about the notice
to proceed date. The exact time to be established at the Preconstruction Conference.
END OF SECTION 01100
01100-2
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' SECTION 01200 - PROJECT MEETINGS
1. PRE -CONSTRUCTION MEETING:
1.1. Before any construction work is started, Contractor shall meet with the Owner's
representative and Architect/Engineer to discuss methods and procedures to be followed
during the construction period.
r- 2. PROGRESS MEETINGS:
2.1. Contractors and SubContractors shall meet at the building site or at some other
designated meeting place at such interval as necessary to maintain an optimum degree of
communication for the progress of the work.
END OF SECTION 01200
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01200-1
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SECTION 01300 - SUBMITTALS
.. 1. GENERAL:
1.1. All submittals shall be made directly to the Architect/Engineer by the Contractor.
70 Adequate time shall be allowed in the submission schedule for transmittal time; in special.
circumstances, special handling procedures may be used. Exact number of copies of various
submittals, etc., will be established at the Pre -Construction Conference between the Owner, the
r- Architect/Engineer and the Contractor.
1.2. Field Measurements: Before ordering any material or doing any work, the Contractor
r. shall verify all measurements on the project and shall be responsible for same. No extra charge
or compensation will be allowed due to differences between actual dimensions and the
measurements indicated on the Drawings; any difference which may be found shall be
submitted to the Architect/Engineer for consideration before proceeding with the work.
1.3. Contractor shall review, stamp with his ' approval, sign,and submit, with reasonable
promptness all shop drawings, samples, and submittal data required by Contract Documents or
+" subsequently by Architect/Engineer as covered by modifications. By approving and submitting
shop drawings, samples, and submittal data, Contractor thereby represents that each submitted
item meets all Contract requirements. Submittals without stamps and signatures indicating the
�., above will be returned without action by the Architect/Engineer.
2. REOUIRED SUBMITTALS:
2.1. The Bidder shall submit the required shop drawings and samples at appropriate times in
the construction period. Allow sufficient time for submittal review prior to mandatory order
�- date.
3. MANUFACTURER'S DATA:
3.1. Where possible, provide data in a three -hole pressboard cover (Smead No. BR129 or
equal) with Acco fasteners and compressors.
r 3.2. Provide tabbed dividers for each specification section for which information is required.
For example, provide dividers with "15250", "15661 ", etc. tabs.
r 3.3. Submit a minimum of eight sets of each booklet.
01300-1
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4. SUBSTITUTIONS AND PRODUCT OPTIONS:
4.1. It is not the intent of Drawings and/or Specifications to limit products to any particular
manufacturer nor to discriminate against an "approved equal" product made by another
manufacturer.
4.2. Proprietary products are mentioned to set a definite standard for acceptance and to serve
as a reference in comparison with other products. When a manufacturer's name appears in
-these Specifications or on the Drawings, it is not to be construed that the manufacturer does
not have to meet the full requirements of the Specifications or that his standard cataloged item
will be acceptable.
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END OF SECTION 01300
01300-2
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' SECTION 01500 - CONSTRUCTION FACILITIES
1. GENERAL:
I.I. Nothing in this Section is intended to limit types and amounts of temporary work
r- required, and no omission from this Section will be recognized as an indication by Architect
that such temporary activity is not required for the successful completion of the work.
2. USE OF EXISTING FACILITIES:
2.1. The Owner extends to the Contractor the privilege of using the existing electrical, water,
and heat during the course of the Project. The Contractor shall NOT utilize any of the Owner's
phone equipment nor any of the Owner's toilet facilities.
2.2. Electrical: Connect to existing power distribution at receptacles and distribute using
extension cords.
2.3. Toilet: Contractor shall existing basement toilets for workers.
2.4. Water: Contractor shall utilize existing water outlets. Ensure no possibility of backfeed
into Owner's water system.
2.5. The Owner reserves the right to refuse the Contractor the right to use any or all of the
existing utilities mentioned above. The Owner expressly states that this right to refuse use may
r be exercised for any reason, and that the Owner shall in no way bear any responsibility to
explain the refusal.
�. 2.6. In the event the use of the existing utilities are refused or rescinded, the Contractor shall
immediately submit to the Architect/Engineer the proposed plan for supplying the necessary
services.
3. TEMPORARY FIRE PROTECTION:
3.1. Contractor shall make all provisions for and pay all costs associated with fire protection
on this project.
3.2. Fire Extinguishers: Provide types, sizes, numbers and locations as would be reasonably
?� effective in extinguishing fires during early stages, by personnel at the project site. Provide type
i A extinguishers at locations of low -potential for either electrical or grease -oil -flammable liquid
fires; provide type ABC dry chemical extinguishers at other locations; comply with
recommendations of NFPA No. 10. Post warning and quick instructions at each extinguisher
01500-1
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r; location, and instruct personnel at project site, at time of their first arrival, on proper use of
extinguishers and other available facilities at project site.
4. SIGNS•
4.1. No signs or advertisements will be allowed to be displayed without the approval of the
Owner.
4.2. A project sign is not required by the Owner. —
5. ACCESS TO STTE AND PROTECTIONS:
5.1. Areas of the project site which may be used by the Contractor shall be identified at the
pre -construction meeting. The Contractor shall confine all activities to these areas and in no
way obstruct other parts of the facility. Parking adjacent the work area which the Contractor
may use will be identified at the pre -construction meeting. The Contractor may park vehicles
and equipment used in the course of the project within these identified parking areas, but this
area shall NOT be used as general parking for Contractor's or SubContractoes employees.
Employees may use whatever parking is available at the time of arrival. —
6. CLEANING:
6.1. It shall be the responsibility of the Contractor to see that the debris and trash resulting
from building operations are removed from the area and property from time to time as the job
progresses. All scrap from lumber, crating, paper and similar types of trash are to be removed _
from the building site. Trash is not to be allowed to accumulate for periods of longer than one
week; in other words, there must be thorough clean up of the surroundings every week.
61 Make legal disposal of trash and debris. Nothing may be burned on site as a method of
disposal.
END OF SECTION 01500 _
01500-2
SECTION 01600 - MATERIAL AND EQUIPMENT
1. GENERAL:
1.1. Materials and Workmanship: Unless otherwise specified, all materials shall be new, of the
best grade and kind specified. Workmanship shall be of the best recognized standards known
to the various trades.
1.2. Transportation and Handling: Methods of crating, transportation, and handling of
materials and equipment, on or off the site, shall be such as to assure their ultimate installation
is undamaged and in perfect working condition.
1.3. Storage and Protection: Protect work, materials, equipment and building openings from
weather at all times. Provide absolute watertight protection.
1.4. Substitutions: Contractor's request for substitution will be received and considered when
extensive revisions to Contract Documents are not required and proposed substitution is in
keeping with general intent of the Contract Documents; when timely, fully documented and
submitted; and when o or more of the following conditions is satisfied, all as judged by the
Architect/Engineer. Otherwise request will be returned without action except to record non-
compliance with these requirements:
1.4.1. Where request is directly related to an "or equal" clause or other language of same
effect in Contract Documents.
1.4.2. Where required product, material or method cannot be provided within Contract
Time, if not as a result of Contractor's failure to pursue the work promptly or to coordinate
the various activities properly.
END OF SECTION 01600
01600-1
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SECTION 01700 - PROJECT CLOSEOUT
1. COMPLETION OF CONTRACT:
1.1. The Contract will be considered fulfilled with the exception of any maintenance
f stipulations, bond, or by law, when all work is complete, final inspection has been made, final
acceptance and final payment by the Owner.
2. USE BEFORE COMPLETION:
2.1. Sections or portions of the work considered by the Owner to be in suitable condition may
r" be put to use. Usage of any portion of the work will not be considered as acceptance of the
Work by Owner. Contractor shall repair or remove any portion of the work that is defective
due to materials or workmanship at his expense.
3. RECORD DRAWINGS:
3.1. As work progresses, Contractor shall keep a complete accurate record of all changes or
deviations from Contract Documents, including Drawings and Specifications indicating the
work as actually installed. All such changes shall be neatly and correctly shown on bla.ckline
prints of the Contract Drawings or in specifications with appropriate supplemental notes.
7 Record Drawings will be kept at the job site.
r, 3.7. Contractor shall transfer above data in ink to the complete set of bluelines at the
completion of the work. Deliver same to Owner. All scaled drawings to be accurate to within
6" with critical features dimensioned. All site and profile utilities/services data to be accurately
located on record drawings.
3.3. Contractor shall certify, by endorsement on each sheet that each of the revised drawings
is complete and accurate. Before Contractor's application for final payment, and as condition
of Owner's approval, Contractor shall deliver certified record mylar drawings to the Owner.
3.4. Submit record drawings with maintenance manuals, and similar final record information.
4. GUARANTEES, BONDS AND AFFIDAVITS:
4.1. Deliver to Architect/Engineer, in duplicate: written guarantees, reports, certificates of
inspections, and bonds, as required in the Contract Documents.
01700-1
7
4.2. Deliver to Architect, Contractor's Affidavit of Release of Liens and Payments of Debts
and Claims, including all SubContractors, ypndors, labor, materials and services, executed by
an authorized officer and duly notarized.
4.3. Warranties:
4.3.1. Contractor shall and does warrant and/or guarantee all work for a period of one year
from date of completion as evidenced by Final Acceptance of this work. This provision shall
not be considered as conflicting with stated guarantees of longer periods..
4.3.2. The guarantees imply and require that faulty materials, workmanship or errors be
promptly corrected by Contractor without cost to the Owner.
5. CLEANING, ADJUSTING. AND OPERATION:
5.1. Refer to General Conditions, Supplementary Conditions, Special Conditions and
individual Sections of Specifications for cleaning requirements related to individual trades and
cleanup during the course of construction.
5.2. The Project shall be left free of debris, construction equipment, and surplus material, with
all surfaces clean and ready for use by the Owner.
5.3. Contractor will be charged with the ultimate responsibility to see that buildings, grounds,
all piping and equipment are thoroughly cleaned before final acceptance of the project. Final
cleanup includes, but is not limited to the following:
5.3.1. Removal of all material from all glass and mirrors; washing and polishing just before
final inspection:
5.3.2. Removal of all marks, stains, hand marks and soil from all painted, decorated,
stained and varnished surfaces.
5.3.3. Cleaning and polishing of all natural finished metal and plated metal, including metal
railings, trim, grilles, cases, and cabinets.
5.3.4. Removal of all protective coverings from floors; washing floor surfaces thoroughly
clean, sweeping, ducting and polishing floors.
5.3.5. Cleaning of all exposed surfaces `of insulation coverings, plumbing, mechanical and
electrical fixtures and associated equipment by removing duct, dirt labels, and paint spots.
5.3.6. Removal of all dirt, surplus materila and stain from pavements, sidewalks, etc.
01700-2
5.3.7. Removal of all litter, trash, debris, temporary fences, barricades, temporary
construction facilities, and waste from the site, leaving the site and premises in an orderly
f' and clean condition.
5.4. The project shall be turned over to the Owner free of concealed garbage, trash and rodent
infestation. If any of these are revealed, or odors from them occur, they shall be removed by
the Contractor at his expense.
6. RESTORATION:
6.1. Restore areas provided for construction work purposes, including access drives, to their
original condition. ,
6.1.1. Replace damaged curbs, sidewalks, and pavement.
6.2. Entire construction site and adjacent affected areas shall be restored to new, undamaged
condition acceptable to the Owner.
7. SUBSTANTIAL COMPLETION:
7.1. Contractor shall request Architect/Consultant make a final inspection for certification
of Substantial Completion.
7.1.1. Contractor shall notify Architect/Consultant at least one week in advance of
requested inspection date.
7.2. Before requesting Architect/Consultant's inspection for certification of Substantial
Completion for all or portions of the work, the Contractor shall accomplish the following:
7.2.1. Discontinue and remove from site temporary facilities _and services, construction
tools, and similar elements.
7.3. Inspection Procedures:
7.3.1. Upon receipt of Contractor's request, Architect/Consultant will either proceed
with inspection or advise Contractor of prerequisites not fulfilled.
7.3.2. Following the inspection, Architect/Consultant will compile. a "Deficiency List".
This list shall consist of the items which must be corrected before the project can be
certified complete.
01700-3
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7.3.3. Following the inspection the Architect/Consultant shall either prepare a
"Certificate of Substantial Completion' or advise Contractor of Work which must be
completed before certificate can be issued.
S. FINAL PAYMENT:
8.1. Submit final Application for Payment in accordance with the terms of the Agreement,
indicating adjustment of accounts from original contract amount including:
8.1.1. Additions and deductions resulting from change orders.
8.1.2. Deductions for uncorrected work and for liquidated damages, if any.
8.1.3. Submit Consent of Surety to Final Payment, AIA Document G707.
9. FINAL INSPECTION_
9.1. Contractor shall request Architect/Consultant make a final inspection for certification
of Final Acceptance and Payment.
9.2. Contractor shall submit the following with his request for final inspection: �-
9.2.1. Final Payment Request with any changes to Contract Amount indicated.
—
9.2.2. A copy of Architect/Consultant's deficiency list and a statement that each item
. has been completed or corrected.
9.2.3. Warranties.
9.2.4. As -built drawings.
9.3. inspection Procedure: —
9.3.1. Upon receipt of Contractor's notice that work has been completed including
"deficiency list" items resulting from earlier inspections, Architect/Engineer and —
representatives of the Owner and Contractor will reinspect the work.
9.3.2. Upon completion of reinspection, Architect/Engineer will either prepare certificate —
of final acceptance or advise Contractor of work not completed as required for final
acceptance.
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9.3.3. The Owner may elect to advise the Contractor, in writing, that conditional
r, acceptance has been made. •
9.3.3.1. Conditional acceptance shall relieve the Contractor of responsibility for
P, maintenance, security and insurance on the work.
9.3.4. Contractor will still be responsible for performing all the work of the Contract
including correction of all deficiencies noted at the time of conditional acceptance.
9.3.5. The Owner shall be entitled to retain from the Contractor's payment an amount
commensurate with the work remaining to be accomplished.
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END OF SECTION 01700
t
01700-5
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SECTION 07250
r LOW -DENSITY
SPRAY -APPLIED FIRE RESISTIVE MATERIAL
r- PART i - GENERAL
1. WORK INCLUDED
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f
1.1. Provide all labor, materials, equipment and services necessary for, and incidental
to, the complete and proper installation of all spray -applied fire resistive materials and
related work as shown on the drawings or where specified herein, and in accordance
with all applicable requirements of the Contract Documents.
r" 1.2. The material and installation shall conform to the applicable building code
requirements and the requirements of all authorities having jurisdiction.
2. QUALITY ASSURANCE
2.1. Work shall be performed by a firm with expertise in the installation of fire
protection or similar materials. This firm shall be licensed or otherwise approved by
the spray -applied fire resistive material manufacturer.
2.2. Before proceeding with the fire protection work, approval of the proposed
material thicknesses and densities shall be obtained from the architect and other
applicable authorities.
3. REFERENCES
3.1. Test Standards:
ASTM E84 - Surface Burning Characteristics of Building Materials.
ASTM E119 - Fire Tests of Building Construction and Materials.
ASTM E136 - (Noncombustibility) Behavior of Materials in a Vertical Tube
Furnace at 7500
ASTM E605 - Thickness and Density of Sprayed Fire-
ASTM E736 - Cohesion/Adhesion of Sprayed Fire -Resistive Materials Applied to
Structural Members.
r 07250-1
ASTM E759 - Effect of Deflection of Sprayed Fire -Resistive Materials Applied to
Structural Members.
ASTM E760 - Effect of Impact on the Bonding of Sprayed Fire -Resistive
Materials Applied to Structural Members.
ASTM E761 Compressive Strength of Sprayed Fire -Resistive Materials Applied
to Structural Members.
ASTM E859 - Air Erosion of Sprayed Fire -Resistive Materials Applied to
Structural Members.
ASTM E937 - Corrosion of Steel by ,Sprayed Fire -Resistive Materials Applied to
Structural Members.
Underwriters Laboratories, Inc. (U) Fire Resistance Directory.
Uniform Building Code Standard No. 7-6 (current edition): Thickness and Density
Determination for Spray -Applied Fire Protection. _
AWCI Publication: Inspection Procedure for Field Applied Sprayed Fire -Resistive
Materials.
4. SUBMITTALS
4.1. Manufacturer's Data: Submit manufacturer's specifications, including
certification as my be required to show material compliance with Contract Documents.
4.2. Test Data: Independent laboratory test results shall be submitted for all specified
performance criteria.
5. DELIVERY, STORAGE AND HANDLING
5.1. Deliver 'materials to the project in manufacturer's unopened packages, fully
identified as to trade name type and other identifying data. Packaging shall bear the UL
labels for fire hazard and fire -resistance classifications.
5.2. Store materials above ground, in a dry location, protected from the weather.
Damaged packages found unsuitable for use should be rejected and removed from the
project.
6. PROJECT CONDITIONS
6.1. Temperature: When the prevailing outdoor temperature at the building is less than
40° F(4°C), a minimum substrate and ambient temperature of 40°F (4°C) shall be
07250-2
i
maintained prior to, during and a minimum of 24 hours after application of the spray -
applied fire resistive material. If necessary for job progress, General Contractor shall
provide enclosures with heat to maintain temperatures.
6.2. Ventilation: Provide ventilation to allow proper drying of the spray -applied fire
resistive material during and subsequent to its application.
6.2.1. Ventilation shall not be less than 4 complete air changes per hour.
PART 2 - PRODUCTS
7. ACCEPTABLE MANUFACTURERS, LOW DENSITY:
7.1. The spray -applied fire resistive material shall be manufactured by:
ISOLATEK INTERNATIONAL
MFS, INC.
W.R. GRACE CONSTRUCTION PRODUCTS
7.2. Other manufacturers not listed shall submit substitution requests conforming to
the requirements of the substitution section prior to bid date.
8. ACCEPTABLE MATERIALS, LOW DENSITY:
8.1. The spray -applied fire resistive materials shall be one of the following:
CAFCO BLAZE -SHIELD 11, Isolatek International
r, CAFCO 300, Isolatek International
Monokote MK-6, W.R. Grace
Type JN-HD Isolotek International
j 8.2. Materials shall be applied to conform to the drawings, specifications and
following test criteria.
8.2.1. Density: When tested in accordance with ASTM E605, the material shall
meet the minimum individual and average density values as listed in the appropriate
f'0 UL design or as required by the authority having jurisdiction, or shall have a
1 minimum average of 15 pcf (240 kg/m).
8.2.2. Cohesion/Adhesion (bond strength): When tested in accordance with ASTM
E736, the material applied over uncoated or galvanized steel shall have an average
bond strength of 150psf (9.5 kPa).
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r" 07250-3
8.2.3. Compressive Strength: When tested in accordance with ASTM E761, the
material shall not deform more than 10 per cent when subjected to a crushing force f
750psf (35.9 kPa).
8.2.4. Deflection: When tested in accordance with ASTM E759, the material shall not crack or delaminate when the non -concrete topped galvanized deck to which it
is applied is subjected to a one time vertical centerload resulting in a downward
deflection of 1/120th of the span. —
8.2.5. Bond Impact: When tested in accordance with ASTM E760, the material
shall not crack or delaminate from the concrete topped galvanized deck to which it
is applied.
8.2.6. Air Erosion: When tested in accordance with ASTM E859, the material shall
not be subject to losses from the finished application greater than 0.025 grams per
sq. ft. (0.27 grams per sq. meter)
8.2.7. Corrosion Resistance.: Then tested in accordance with ASTM E937, the
material shall not promote corrosion of steel.
8.2.8. Noncombustibility: When tested in accordance with ASTM E136, the
material shall be noncombustibile.
8.2.9. Surface Burning Characteristics: When tested in accordance with ASTM
E84, the material shall exhibit the following surface burning characteristics:
Burning Characteristics
Flame Spread ..........
10
Smoke Developed ...
0
8.2.10. The material shall have been tested and reported by Underwriters
Laboratories, Inc. (UL) in accordance with the procedures of UL 263 (ASTM
E 119).
8.2.11. Spray -applied fire resistive materials shall be applied at the required
thickness and density to achieve the following ratings:
Fire Resistive Ratings
(UL Design D-764, with
unrestrained components
Floor Assemblies 2 hr
Beams 1 3 hr
8.2.12. Potable water shall be used for the application of spray -applied fire resistive _
materials.
07250-4
r. 8.2.13. Spray -applied fire resistive materials shall be free of all forms of asbestos,
including actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite.
Material manufacturer shall provide certification of such upon request.
9. ACCEPTABLE MANUFACTURERS, MEDIUM DENSITY:
9.1. Medium density spray -applied fire resistive materials shall be manufactured by:
ISOLATEK INTERNATIONAL
W.R. GRACE CONSTRUCTION PRODUCTS
9.2. Other manufacturers not listed shall submit substitution requests conforming to
the requirements of the substitution section prior to bid date.
10. ACCEPTABLE MATERIALS, MEDIUM DENSITY:
10.1. The spray -applied fire resistive materials shall be one of the following:
CAFCO DECK -SHIELD I,'Isolatek International
CAFCO 400, Isolatek International
Monokote Z-106, W.R. Grace
10.2. Density: When tested in accordance with ASTM E605, the material shall meet
the minimum individual and average density values as listed in the appropriate UL
design or as required by the authority having jurisdiction, or shall have a minimum
average of 22pcf (325 kg/m3).
4 10.3. Cohesion/Adhesion (bond strength): When tested in accordance with ASTM
E736, the material applied over uncoated or galvanized steel shall have an average
bond strength of 434psf (20.8 kPa).
10.4. Compressive Strength: When tested in accordance with ASTM E761, the
r ' material shall not deform more than 10 per cent when subjected to a crushing force of
5000psf (239.4 kPa).
10.4.1. Spray -applied fire resistive materials shall be applied at the required
thickness and density to achieve the following ratings:
r Fire Resistive Ratings
DesignX.717
Columns 3 hr
10.5. Other Criteria: All other test criteria shall be in accordance with the values listed
r. for low density spray on fire proofing materials.
i
�' 07250-5
PART 3 - EXECUTION
11. PREPARATION
11.1. All surfaces to receive fire protection shall be free of oil, grease, loose mill scale,
dirt, paints/primers (other than those listed and tested) or other foreign materials which
would impair satisfactory bonding to the surface. Any cleaning of surfaces to receive
sprayed fire protection shall be the responsibility of the General Contractor or Steel
Erector, as outlined in the structural steel or steel deck section.
11.2. Clips, hangers, supports, sleeves and other attachments to the substrate are to be
placed by others prior to the application of spray -applied fire resistive materials.
11.3. Ducts, piping, conduit or other suspended equipment shall not interfere with the
application of sprayed fire protection.
12. SELECTION:
12.1. Low Density: Apply low -density spray -on fire proofing to all beams and joists.
The floor decks do NOT require spray -on fire proofing_
12.2. Medium Density: Apply medium -density spray -on fire proofing to all columns.
13. APPLICATION•
13.1. Equipment, mixing and application shall be in : accordance with the
manufacturer's written application instructions.
13.2. The application of spray -applied fire resistive material shall not commence until
certifications has been received by the Owner that surfaces to receive sprayed fire
protection have been inspected by the applicator and are acceptable to receive sprayed
fire protection.
13.3. All unsuitable substrates must be identified and made known to the Owner and
corrected prior to the application of the spray -applied fire resistive material.
13.4. Proper temperature and ventilation shall be maintained as specified.
13.5. Provide masking, drop cloths or other suitable coverings to prevent overspray
from coming in contact with surfaces not intended to be sprayed.
13.6. Bonding materials (adhesives, catch coats, metal lath, mesh, stud pins, etc.) shall
be applied as per the appropriate UL fire resistance design and manufacturer's written
recommendations.
07250-6
r"
13.7. Apply topcoat materials to all beams and columns in the mechanical rooms.
13.7.1. Topcoat materials shall be the type recommended and approved by the
manufacturer of each spray applied fire resistive material required for the
applications indicated.
14. REPAIRING AND CLEANING
14.1. All patching of and repair to sprayed fire protection, due to damage by other
trades, shall be performed under this section and paid for by the trade responsible for
the damage.
14.2. After the completion of the work in this section, equipment shall be removed and
all surfaces not to be sprayed shall be cleaned to the extent previously agreed to by
applicator and General Contractor.
7 15. INSPECTION AND TESTING
15.1. The spray -applied fire resistive material shall be tested for thickness and density
j in accordance with one of the following procedures:
ASTM E605 - Standard Test Method for Thickness and Density of Sprayed
Fire -Resistive Materials Applied to Structural Members
AWCI - Inspection Procedure for Field -Applied Sprayed Fire -Resistive
Materials.
UBC Standard No. 7-6 - Thickness and Density Determination for Spray -
Applied Fire Protection.
15.2. Inspection shall be contracted for and paid by someone other than the fire
protection applicator.
END OF SECTION 07250
r
r"" • 07250-7
a
'we
I
CERTIFICATE OF SUBSTRATE ACCEPTABILITY
for the application of
LOW -DENSITY
SPRAY -APPLIED FIRE RESISTIVE MATERIAL
(name of project)
CERTIFICATION:
Surfaces to receive sprayed fire protection have been inspected by the applicator and are
acceptable to receive sprayed fire protection.
CONTRACTOR
(signed)
(title)
I
7
t^ 07250-8
1 APPLY SPRAY -ON
FlREPROOFING TO ALL
BEAMS. TYPICAL
2 APPLY SPRAY -ON
FIREPROOFING TO ALL
JOISTS. TYPICAL
3 APPLY SPRAY -ON
FIREPROOFING TO ALL COLUMNS
TYPICAL
4 NO WORK IN THIS AREA
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BASEMENT FLOOR P]
SCALE: I" = 30'-0"
FIREPROOFING
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DATE zaloRo
DRAWN: CW8
CKECKED: JPo
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DATE
SHEET No.
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