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Home My WebLink AboutResolution - 2002-R0082 - Contract For Aluminum Roof - Temcor Of Gardena, CA - 02_28_2002Resolution No. 2002-R0082 February 28, 2002 Item No. 37 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the column supported aluminum roof, by and between the City of Lubbock and Temcor of Gardena, California, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 28th day of February , 2002. W N Y SITT N, MAYOR ATTEST: zl'-" n.- Rebecca Garza, City Secre APPROVED AS TO CONTENT: Victor Kilnian, Purchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs/ccdocs/Contract-Temcor. res Feb. 18, 2002 40XZ CITY OF LUBBOCK SPECIFICATIONS FOR COLUMN SUPPORTED ALUMINUM ROOF ITB #018-02/BM lh 00,4 L' N Ra�uaed CITY OF LUBBOCK Lubbock, Texas ITB #018-02/13M, Addendum #1 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 162513TH STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.cl.lubbock.bc.us MAILED TO VENDOR: CLOSE DATE: ADDENDUM # I ITB # 018-02/BM Column Supported Aluminum Roof February 1, 2002 February 7, 2002 @ 3:00 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. Section 01600, Part 1 - General, 1.01 Basic Product Requirements, G. Design: A. Paragraph 3 should read: "The Aluminum cover surface panels shall be designed as a watertight system under all design load and temperature conditions." B. Paragraph 4 should read: "All Aluminum cover surface panels shall be firmly secured to the support frame to prevent slipping or disengagement under all load and temperature conditions." C. Paragraph 7 should read: "Dissimilar materials that are not compatible shall be physically separated or insulated from each other by means of gaskets or insulating compounds." All requests for additional informa6on,or clarification must be submifted m Writing;and directed to Questions may be faxed to: or Email to: Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2164 bmacnair@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK ruse MacNair Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. ITB #018-02113M Addendum 1 CITY OF LUBBOCK INVITATION TO BID FOR TITLE: COLUMN SUPPORTED ALUMINUM ROOF ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 018-02/6M PROJECT NUMBER: 223.9567.9241 CONTRACT PREPARED BY: PURCHASING DEPARTMENT r 1. INDEX NOTICE TO BIDDERS FY=' 2. GENERAL INSTRUCTIONS TO BIDDERS = 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT ( S. GENERAL CONDITIONS OF THE AGREEMENT ! 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS 4.a y Re. No Text NOTICE TO BIDDERS ITB #018-02/13M 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 3M o'clock p.m. on the 7th d of February. , or as changed by the issuance of formal addenda to all planholders, to furnish all labor and mated s and perform all work for the construction of the following described project with a budget amount of $520.000.00: "COLUMN SUPPORTED ALUMINUM ROOF" 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 ensure that his bid is actually in ~; the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. f Bids are due at 3:00 o'clock p.m. on the 7th day of February, 2002, and the City of Lubbock City Council will consider the bids on the 28th day of February. 2002, 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 fumish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Bit E of B or superior. 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 fifteen (15) days after notice of award of the contract to him. l` It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local i 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 non -mandatory pre -bid conference on 29th day of January. 2002 at 1:00 o'clock p.m., in the Planning Conference Room 107, Lubbock, { Texas. Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 13th Street, Lubbock, Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained from City of Lubbock, 1625 13'" Street, Lubbock, TX 79401, Phone: (806) 775-2167. Plans and specifications will be shipped at the bidder's 15 r expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping charges and must furnish the name of the service to be used and the bidder's account number. k 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) 775- 2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK VICTOR KILMAN PURCHASING MANAGER No Text 2 3 BID DELIVERY. TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish COLUMN SUPPORTED ALUMINUM ROOF per the attached specifications and contract documents. Sealed bids will be received no later than = p.m. CST, the M day of February, 2002 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand comer: "ITB #018-02113M, COLUMN SUPPORTED ALUMINUM ROOF" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 162513th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held at 1:00 p.m.. January 29th. 2002 in Planning Conference Room 107. Lubbock. Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information --- supplied by the City of Lubbock Purchasing -Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the bids are received, and if no such notice Is received by the Purchasing Manager prior to the opening of bids, then It shall be deemed that the bidder fully understands the work to be Included and has provided sufficient sums In its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS. CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such Information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is -not in conformance with the Texas Open Records Act. dlllllu�ku :. The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 2 8.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipients decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. Ap�%Orklk ftlufli0Z47091IT, 14►kK 9.1 Ail work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 9.2 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. 10 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 11.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing Manager if any language, requirements. etc., or any combinations thereof, inadvertentlY restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing - Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. # 100 &MCA 1 L=C1k=1F AW tiAT1Ok wftA11► ALL +r D17'lrCr� , ��1 1[7*f ON .J�it�'M YO314 TM lATM M IhIUllr•T N VAMW Ww t mo ir. yig% rp" ire #i cl.iwwjt uys +oar To rw 00 CLOSE DATE Ate? ADOMUQ 1'0- BRUCE MACNAIR, SENIOR BUYER City of Lubbock 162513°i Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: bmacnair@mail.ci.lubbock.tx.us 12.1 The construction covered by the contract documents shall be fully completed within ONE HUNDRED TWENTY (120 ) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 12.2 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 ensure completion of the project within the time specified. 13 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the - con --- —-- - a ocumen . 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. 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. ff-�CIVI_T:A_P►1fA � 16.1 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). 16.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 16.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 16.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 17 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. - ; • M ► Fol Al 1■ 1 0- 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 an�r_-_ — -- - — end alf parrs offfie woTi w�e�ier ��ontractor 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: 4 E 19 20 21 22 23 (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A swom statement of the current financial condition of the bidder. (c) Equipment schedule. TEXAS STATE SALES TAX 19.1 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. 19.2 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. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as maybe 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 22.1 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. 22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 22.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. ..._ - - - - - -- - -- --- — - --- --- - - ------------ 24 INSURANCE '24.1 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 before contract execution. 24.2 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 contractor's responsibility to provide to the owner all proof of coverage Insurance documents including workers compensation coverage for each subcontractor. MENEW :•: 0►9 61 ► ,• 25.1 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 that 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: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 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. 25.2 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. 25.3 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. 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 ce�r ified; sworn, legible copyof 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 6 according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 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. 28 PREPARATION FOR BID 28.1 The bidder shall submit his bid on forms furnished by the City. Ali blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 28.2 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. 28.3 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: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 28.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 28.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING, 29 BOUND COPY OF CONTRACT DOCUMENTS } Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: j (a) Notice to Bidders. ( (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (a) Contract Agreement. (f) General Conditions. E� (g) Special Conditions (if any). (h) Specifications. �i--------Tn§urance Urtif'icafes. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. 7 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. 30 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 about 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 cant' out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. 31.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid. 31.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 31.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 31.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 31.5 Any contract made, or purchase order issued, as a result of this invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 31.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. No Text BID SUBMITTAL LUMP SUM BID CONTRACT DATE: February 6, 2002 PROJECT NUMBER: #018-02/13M - COLUMN SUPPORTED ALUMINUM ROOF I Bid of TEMCOR (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) r Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a COLUMN SUPPORTED ALUMINUM ROOF j having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. MATERIALS: Three Hundred Forty Seven Thousand Dollars ($ 347,000.00 ) SERVICES: One Hundred Sixty Five Thousand Dollars (� 165,000.00 ) TOTAL BID: Five Hundred Twelve Thousand Dollars ($ 512,000.00 ) (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 1 "Notice to Proceed" of the Owner and to fully complete the project within 120 (ONE HUNDRED TWENTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500 (FIVE HUNDRED) for each consecutive calendar day in excess of 4 the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days i after the scheduled closing time for receiving bids. J The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the - "- plans, -specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for N/A Dollars ($ N/A ) or a Bid Bond in the sum of 5% of amount bid Dollars ($5% of amount)piehich it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, Insurance certificates, and the required bond (if any) with the Owner within fifteen (15) 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 r� documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bi ATTEST: Seefetafy Angela ]�Jna, Assistant Secretary 4 Bidder acknowled9s receipt of the following addenda: Addenda No. 1 Date 2/l/02 Addenda No. Date Addenda No. Date Addenda No. Date MIIWBE Firm: Date: February 1, 2002 r Au orized Signature G. Clark Margolf Ex tive VP (Printed or Typed Name) Temcor Company 150 W. Walnut St_, Address Suite 15n Gardena Los Angeles City, County CA 90248 State Zip Code Telephone: 310 - 523-2 Fax: 310 _ 523-2380 l i LIST OF SUBCONTRACTORS 1 Minority Owned Yes No 1. NONE 2 NONE ( NONE 1 3. NONE 4. NONE 5. 6. NONE l 7 NONE j $. NONE NONE 9. 10. NONE af t 1 1 3 Bond No. -_I91A_________________------ Fidelity and Deposit Company POST OFFICE BOX 1227 KNOW ALL MEN BY THESE PRESENTS: That we, r OF MARYLAND BID BOND BAL77MORE, MD 21203 as Principal, (hereinafter called the "Principal"), and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound untoe City of Lubbock, Tewar- as Obligee, (hereinafter called the "Obligee"), in the sum oft ixgQ_F_ercent of Total Amount of Rid---------- Dollars ($ --- s% Af- Ate_- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid forITS_#.Q]>$ 02�BM. Column Support-,ed_Aluminum NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, ` otherwise to remain in full force and effect. Signed and sealed this is t day of February A.1,x4gx2002 j Temo= Princ(SEAL) i tpal W1 ness By • C. E. i 1 , Chairman of Tide the Board FIDELITY AND DEPOSIT COMPANY OF MARYLAND Lena Melkonian waness B.A..Matsm, Attorney —in -Falk C325(—X , 7-0 2MM Caahm b Awak= bodsm at Arddum Docomm A-710, �, Im aBiim Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTMOFM MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice -President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint B. A. Matson, of Los Angeles, California, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings and the execution of such bonds or undertakings in purjackn nce presents, as binding upon said Company, as fully and amply, to all intents and purposes, as if they bad been duly executed and d by the elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power ofattorney revo d on be . A. Matson, dated January 14, 1998. The said Assistant Secretary does hereby certify that the extract set the revers ereof is a true copy of Article VI, Section 2, of the BY -Laws ofsaid Company, and is now in force.`/ ° IN WITNESS WHEREOF, the said Vice -President and Assistan have subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MAR 5th day of , A.D. 1998. ATTEST: FIDELITY AND IT CO OF MARYLAND cv� o SFPiI. mot. By: Q�Gri" ,• — • T. E Smith ° rsiant Se W. A Walbrecher Vice -President StateofMXyland ss: O County ofB& t = 0 On this Sth day of February, A.D. 1998, before the s , a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. WALBRECHER, Vice -President and T. E. S istant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and offr bed in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swoqt., ly and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the precedinctnnnent is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 0 #� �co� Car l J. Fader Notary Public My iss Expires: August 1, 2000 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the for going is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Via -President who executed the said Power of Attorney was one of the additional Via -Presidents specialty authorized by the Board of Directors to appoint any Auorney-in-Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: '"that the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Via -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.' IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day Of Fs�}►r»ar3r 9009 Assistant Secretary L1428-012-2748 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 2 / 1 / 2002 before me, Kristine Mendez, Notary Public personally appeared B.A. Matson ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their iaunemmnnrnNroounrmnuanxurnnrnnrwnmxnrn+nnumnrwinxmuuunxnnNn� authorized capacity(ies), and that by his/her/their KRISTINE MENDEZ signature(s) on the instrument the person(s), or the N ;. ,,�,; COMM. # 13p7473 entityupon behalf of which the person(s) acted, Cr ;; " '� o NOTARY PUBLIC . CALIFORNIA N P P ( ) LOS ANGELES COUNTY executed the instrument. '1 4y Comm. Expires tune 4. 2005 .... W ITN�SS my hand and Notary Public Seal i SIGNATURE OF NOTAFnj- OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of tljis form. DESCRIPTION OF ATTACHED DOCUMENT: TITLE OR TYPE OF DOCUMENT: DOCUMENT DATE: CAPACITY(IES) CLAIMED BY SIGNER(S) I Signer's Name: Signer's Name ❑INDIVIDUAL ❑INDIVIDUAL ❑CORPORATE OFFICER ❑CORPORATE OFFICER Title(s) Title(s) ❑ PARTNER(S)❑ LIMITED ❑ GENERAL ❑ PARTNER(S)❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ GUARDIAN/CONSERVATOR ❑ OTHER: ❑ OTHER: Signer is representing: NAME OF PERSON(S) OR ENTrrY(IES) CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. Contrac or (Signature) C. E. Miller, Chairman of the Board Contractor (Print) CONTRACTOR'S FIRM NAME: Temcor (Print or Type ) CONTRACTOR'S FIRM ADDRESS: 150 W. Walnut Street, Suite 150 Gardena, CA 90248 Name of Agent/Broker: Marsh Risk Services Address of Agent/Broker: 777 So. Figueroa Street City/State/Zip: Los Angeles, CA 90017 Agent/Broker Telephone Number: ( 213 ) 346-5243 Date: 2/5/02 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. if you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. BID #018-02/BM - COLUMN SUPPORTED ALUMINUM ROOF 4 0 Bond #08599435 Premium: Incl . in Perf . Bond Executed in Quintuplicate STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) ME PRE r KNOW ALL N Y B THESE PRESENTS, that T�nco (hereinafter called the Principal(s), as Principal(s), and Fidelity and Deposit Company of Maryland l (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the I Obligee), In the amount of Five hundred twelve thousand -- Dollars ($ 512.000---) lawful money of the United States for the payment whereof, the said Principal and Suety 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 28 day of February , 20 02 , to perform bid #018-02/BM - Colum Sur rted A),=1= EMf i 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. I NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shalt 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 n were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 7th day of March 20 02 , _Fidelity and Deposit Crn zy of Maryland Te rnoor Surety (Company Name) MUO) BSA. Matson., Attorney -in -Fact Bye- (Printed Name) C.A. TOUrville, President (Signature) (Tute) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates * an agent resident In Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Fidelity,Al2d DWs, C mpany Surety of Maryland Approved as to form: City of Lubbock cry Attorney t BY: f � Mt1e) B.A. Matson Attorney -in -Fact ' 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. * Howard. Cowan Bond Agency, Inc. P.O. Box 54020 Lubbock, TX 79453 806 722-2663 fax-2662 2 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND; a corporation of the State of Maryland, by W. B. WALBRECHER, Vice -President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint B. A. Matson, of Los Angeles, California, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and its act and deed: any and all bonds and undertakings and the execution of such bonds or undertakings in pursuance oresents, sh binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and ackno by the re ected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes te ed on beha A. Matson, dated January 14, 1998. The said Assistant Secretary does hereby certify that the extract set fo� a reverse o eof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant have hOOF bscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND h day of FA.D. 1998. 0 ATTEST: FIDELITY AND k"S T COMI� MARYLAND By: (�GZCQe�e�tG� T. E. Smith o istant Secre W. B. Walhrecher Vice -President State of Maryland ss: County of Baltimore On this 5th day of February, A.D. 1998, before the su rib*, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. WALBRECHER, Vice -President and T. E. SMIT . tant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officer bed in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swornlly and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding ilt6trument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written, v 1r� V 9 / ,f PUN" s �yey/J men`. Car I J. Fader Notary Public My C missi Expires: August 1, 2000 CERTIFICATE I. the undersigned. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by .authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President. Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 7th day of March 2002 . Assistant Secretary 1-1428-012 2748 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ... and to affix the sea] of the Company thereto." CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On March 7, 2002 before me, Kristine Mendez, Notary Public personally appeared B.A. Matson ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their uuumnunumtuuulxunlmlu,txuuun,,,,,,,,,1n1M1,11,11,11111nlluullluuunuutxwnm+ authorized capacity(ies), and that by his/her/their KRISTINE MENDEZ = signature(s) on the instrument the person(s), or the COMM. # 1307473 entity upon behalf of which the person(s) acted, M NOTARY PUBLIC CALIFORNIA cn executed the instrument. > s,, LOS ANGELES COUNTY My Comm. Expires June 4, 2005 11111111!III III Illf i 111111111111111111x111{tlllttltllil1 III lilt I IIII1111111110 M 11I11111xx1ik3NIt111111111111i11 Notary Public Seal S my hand and WiciAseal. VV SIGNATURE OF bf0 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of DESCRIPTION OF ATTACHED DOCUMENT: I I TITLE OR TYPE OF DOCUMENT: DOCUMENT DATE: CAPACITY(IES) CLAIMED BY SIGNER(S) Signer's Name: ❑INDIVIDUAL ❑CORPORATE OFFICER Title(s) ❑ PARTNER(S)❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: Signer Is representing: - .-NAME OF PERS0N(6f 0WENTITY(IES) Signer's Name ❑INDIVIDUAL ❑CORPORATE OFFICER Title(s) ❑ PARTNER(S)❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: Signer Is representing: -NWE of PEP-1OWS1011-04TI Y{IESj .. ... :.... :: � ,I::.sa.:.4... :.. Bond #08599435 1 Premium: $5,584 Executed in Quintup]icate STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that TemO= (hereinafter called the Principal(s), as Principal(s), and l Fidelity and Deposit Canpany of Maryland (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Five hundred twelve thousand--- Dollars ($ 512,000--) 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 28 day of _February , 20 0?to perform bid #018-02/BM - Column Supported Aluminum Roof 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 some extent as If copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 7th day of March . 20 Q2 . Fidelity and Deposit Canpany of Maryland 1 Surety • By: . (Title) B.A. Matson, Attorney -in -Fact Tenmr ,. (Company Name) (Printed Name) C.A. Toulvillp, prg ides- (Signature) (Title) 1 1 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates * an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Fidelity and Deposit CcaTpany J Surety of Maryland (Title) B.A. Matson, Approved as to Form Attorney -in -Fact �j City of Lubbock Cfty Attorney j • Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by -taws showing I 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. Howard Cowan Bond Agency, Inc. P.O. Box 54020 Lubbock, TX 79453 806 722-2663 fax-2662 2 E Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203.1227 l Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice -President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint B. A. Matson, of Los Angeles, California, its true and lawful agent and 1 Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and its act and deed: any and all bonds and undertakings and the execution of such bonds or undertakings in pursuance of resents, sh binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and ackno by the re ected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes t ed je . A. Matson, dated January 14, 1998. The said Assistant Secretary does hereby certify that the extract set fo�n a revof is a true copy of Article Vl, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant have herbscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLANI7�th day of F A.D. 1998. 0 _l ATTEST: FIDELITY AND IT COM OF MARYLAND oT � T. E. Smith o sistant Seer W. B. Walbrecher Vice -President State of Maryland I ss: �L,O County of Baltimore On this 5th day of February, A.D. 1999. before the s crl a Notary Public of the State of Maryland. duly commissioned and qualified. came W. B. WALBRECHER, Vice -President and T. E. SMIT tant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officer bed in and who executed the preceding instrument. and they each acknowledged the execution of the same, and being by me duly swo�ally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding trument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. e�5"gCar 1 J Fader Notary Public My C miss' Expires: August 1, 2000 CERTIFICATE I, the undersigned. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate: and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by ,authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: 'That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President. Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 7th day of March U;.J L l428-012-27.38 2002 Assistant Secretary EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ... and to affix the seal of the Company thereto." J CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On March 7, 2002 before me, Kristine Mendez, Notary Public personally appeared B.A. Matson ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their Qunnnuann mmnum++eunwu'm" Nu"��°�NpOq"""�'nnnm+uunuuuimuu ENOEZ KRlSTINE Msignature(s) on the instrument the persons), or the �+ntity upon behalf of which the person(s) acted, COMM.COM # 1307473 ) 4Wgyp' NOTARY PUBLIC - CALIFORNIA executed the instrument, LOS ANGELES COUNTY My Comm. Expires June 4, 2005 = W I N SS my hand and o cial al. IIINIIIIIIl111llull`R11If1111/1111111111111111IIIUIIiUltlll{Illtl,li lIllllfl+ll,itllilil{IIIINtllllf' Notary Public Seal SIGNATURE OF N&IAf�!; OPTIONAL � �' Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fratidbleni reattachment of DESCRIPTION OF ATTACHED DOCUMENT: ' TITLE OR TYPE OF DOCUMENT: DOCUMENT DATE: CAPACITY(IES) CLAIMED BY SIGNER(S) Signer's Name: ❑INDIVIDUAL ❑CORPORATE OFFICER Titles) ❑ PARTNER(S)❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR. ❑ OTHER: Signer's Name ❑INDIVIDUAL ❑CORPORATE OFFICER Title(s) ❑ PARTNER(S)❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: Signer Is representing: Signer is representing: -NAME OF PERS j ENTn Y(IESj - - - - - -- - -- -..--_--NAME OFPERSON(S) 0R ENT+TY(IES). No Text 3. 5ps � �{ + i .F '� »£a� ''^ r ('L'_ .S "F.€ T�s'y� .5 s ,`�j�.�► j ��i A�I• r a�� P: e 'r?fir.,r _ nL �y,• gnu 3 �1• C�Cr CERTIFICATE NUMBER LOS-000264238-01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS PRODUCER Marsh Risk & Insurance Serviegs 777 S. Figueroa Street Los Angeles, CA 90017 Attn: TOM MI JONES - 213 624-5555 NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE COMPANY A Royal Surplus Lines Insurance Company INSURED COMPANY TEMCOR B A I U INSURANCE COMPANY ATTN: ANGELA LUNA COMPANY 150 W. WALNUT STREET, SUITE 150 GARDENA, CA 90248 C United States Fire Insurance Company COMPANY D Hartford Fire Insurance Company i`his re laced" r�via'sfis�fitii3dcecate`t ° r " CO�fEitAE� celi catYrsean Q _M;e,pofcy;p�dodnbtecbefow THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY KHA100634 03/01/02 12/31/02 GENERAL AGGREGATE $ 2,000,000 X PRODUCTS - COMP/OP AGG $ 1,000,000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx_1 OCCUR PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 OWNER'S & CONTRACTOR'S PROT X FIRE DAMAGE (Any one fire) $ 50,000 9IR.%2 500 MED EXP (Any oneperson) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ B EXCESS LIABILITY BE1391814 12/31/01 12/31/02 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 X UMBRELLA FORM $ OTHER THAN UMBRELLA FORM C WORKERS AND EMPLOYERS WC 408614600 7 12/31/01 12/31/02 X,"; TORY LIMITS ER r EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ INCL PARTNERSIEXECUTIVE OFFICERS ARE: EXCL EL DISEASE -POLICY LIMIT Is 1,000,000 EL DISEASE -EACH EMPLOYEE $ 1,000,000 p � E Property Builders Risk 72 UUM UQ9272 MXI 98301006 03/01/02 03/01/02 12/31/02 12/31/02 Fire Damage (Legal Liability) 525,000 DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) CITY OF LUBBOCK IS NAMED ADDITIONAL INSURED AS RESPECTS ITB #108-02/BM, COLUMN SUPPORTED ALUMINUM ROOF, JOB LOCATION LUBBOCK TEXAS. WAIVER OF SUBROGATION APPLIES. CETtTfF1CdTE tf'" Lt3Et k z� ,ACi.LA710N Y'' , x=� _., rt��,'....NO SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 'Q DAYS WRITTEN NOTICE TO THE CITY OF LUBBOCK -- -_AT-TN-VICTORKLLM^-PU.RCHASINIG MGR-. -- - ....-_--._-_ CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ___ .__-.--- ---- -------------------- 1625 13TH STREET, ROOM L-04 -_--_------- LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES. LUBBOCK, TX 79457 MARSH USA INC. BY: Wendell L. Barrierw�"" Q `� B�. ` �� IYIIrII (# l+#9� � ALIb AS tiF 3/1di�3 A Q�� 1 ' PRODUCER ry0 s z '.. 7 '. 3 DATE (MMIDDNY) 03/04/02 COMPANIES AFFORDING COVERAGE COMPANY E Fireman's Fund Insurance Company Marsh Risk & Insurance Services 777 S. Figueroa Street Los Angeles, CA 90017 Attn: TOMMI JONES 213 624-5555 COMPANY F INSURED COMPANY TEMCOR G ATTN: ANGELA LUNA 150 W. WALNUT STREET, SUITE 150 GARDENA, CA 90248 COMPANY H CITY OF LUBBOCK ATTN: VICTOR KILMAN, PURCHASING MGR. 1625 13TH STREET, ROOM L-04 LUBBOCK, TX 79457 INCLUDES COPYRIGHTED MATERIAL OF ACORD CORPORATION WITH ITS PERMISSION. TO: CITY OF LUBBOCK P.O. BOX 2000 CERTIFICATE OF INSURANCE DATE: 3/5/02 LUBBOCK, TX 79457 Temcor, A Corporation TYPE OF PROJECT: Clear 5Ralu Ste. 150m�n�mt� 150 W. Walnut St., , Gardentz," THIS IS TO CERTIFY THAT e and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further - hereinafter described. Exceptions to standard policy noted hereon. And Column Supported Aluminum Roof TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY X Commercial General Liability K HA100634 3/ 1/ 02 12/31/02 General Aggregate 3 2. 000. 000 Claims Made Products-ComplOp AGG 5Q nnn X Occurrence _ Personal & Adv. Injury I, , 000 Owner's & ContractoB Prate Each Occurrence 5 q SIR $2,500 Fire Damage (Any one FCrd)'37, OT S Med Exp (Any one Person) 5,000 S AUTOMOTIVE LIABILITY Any Auto Combined Single Limit S All Owned Autos Bodily Injury (Per Person) 5 Scheduled Autos Bodily Injury (Per Accident) S Hired Autos Property Damage b Non -Owned Autos GARAGE LLA61UTY Any Auto Auto Only - Each AccJdent S Other than Auto Only: Each Accident S Aggregate S BUILDER'S RISK 100%of" Total Contract Price INSTALLATION FLOATER MX198301006 3/1/02 12/31/02 LIMIT:s 2, 500 000000 � S 10. C DED. UUU EXCESS LIABILITY X Umbrella Form BE1391814 12/31/01 12/31/02 Each Occurrence S 1,000,000 Aggregate S fln0. n�nn� Other Than Umbrella Form WORKERS COMPENSATION AND EMPLOYERS'LIABILITY The Proprietor/ Included WC408614600-7 12/31/01 12/31/02 StatutoryUrrits 11000,000 Partners/Fxocullve Excluded Each Accident S Officers are: Disease Policy Umlt S 1,000,000 Disease -Each Employee S_1,.0G'O,:r} OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the Insured has received wrRten notice of such change or cancellation, or in case there is no legal requirement, to less then five days in advance of cancellation. National Union Fi FIVE COPIES OF THE CERTIFICATE OF INSURANCE Royal Surplus Lines/United Stat _ ame o --____-- ---- .__.__.__-MUST QE SENT TO THE-CfTY-OF CUIRROCK --- _- - -- - l Companies Affording Coverage: By: iit .sew>l GL - Royal Surplus Lines Ins. Co. Title: WC - United States Fire Insurance Co. IUMB - National Union Fire Ins. Co. Job Location: Lubbock, Texas Job Description: Column Supported Aluminum Roof Reference: ITB #018-02BM Additional insured and waiver of subrogation granted to City of Lubbock, as their interest may appear. (Applicable to General Liability & Umbrella Liability) No Text it _ x1.:I +khr.: .... RE: RESOLUTION NO.6262, ITEM NO. 39, APRIL 8, 1999 EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates C-Imf# Hourly Rate Acoustical Ceiling Installer 11.50 Air Conditioner Installer 12.50 Air Conditioner Installer -Helper 6.25 Asbestos Worker 9.00 Asbestos Supervisor 12.50 Bricklayer 12.50 Bricklayer -Helper 7.00 Carpenter 11.00 Carpenter -Helper 7.00 Cement Finisher 8.00 Drywall Hanger 11.00 Electrician 13.75 Electrician -Helper 7.00 Equipment Operator -Heavy 9.50 Equipment Operator -Light 8.50 Floor Installer 9.50 Glazier 10.50 Insulator-PipingBoiler 11.50 Insulator -Helper 7.00 Iron Worker 11.00 Laborer -General 6.00 Mortar Mixer 6.00 Painter 9.50 Plumber 12.50 Plumber -Helper 7.00 Roofer 9.00 Roofer -Helper 7.00 Sheet Metal Worker 10.00 Sheet Metal Worker -Helper 7.00 Welder -Certified 11.00 1 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates S Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 6.00 Concrete Finisher 8.00 Concrete Finisher -Helper 7.00 Electrician 12.00 Flagger 6.00 Form Setter 7.00 Form Setter -Helper 6.25 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 8.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 7.75 Bulldozer 8.00 Concrete Paving Machine 7.75 Front End Loader 7.25 Heavy Equipment Operator 8.00 Light Equipment Operator 7.25 Motor Grader Operator 9.50 Roller 6.75 Scraper 7.25 Tractor 7.25 Truck Driver -Light 6.50 Truck Driver -Heavy 7.00 2 EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the fair Labor Standards Act. 3 No Text f II Column Supported Aluminum Roof City Of Lubbock, Texas Water Utilities Department CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED FOR INFORMATION PURPOSES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. T HIS CERTIFICATE OF LIABILITY INSURANCE DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED DATE: (MMJDD/YYYY) 03/06/2002 INSURERS: PRODUCER Marsh USA Inc. or BROKER: 800 Market Street Suite A: USF&G 2600 St. Louis, MO 63101 B. Phone: 13141512-2415 C, INSURED: Temcor, A Corporation & O: Enterprise Rent-A-Car Company et al 600 Corporate Park Dr. E: St. Louis, MO 63105 THE INSURANCE POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD LISTED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE OF LIABILITY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES LISTED BELOW IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGRATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGES: INSURER TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS LETTER GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCURENCE AUTOMOBILE LIABILITY Combined Single Limit: $1,000,000 A ❑ANY AUTO ❑ALL OWNED AUTOS JSCHEDULEDAUTOS HIRED AUTOS D002A00017 C58504 3/1102 3/1/03 Bodily Injury per Person: Bodily Injury per Acc. NON -OWNED AUTOS Properly Damage: ® "SEE BELOW" GARAGE LIABILITY ANY AUTO EXCESS LIABILITY UMBRELLA OTHER Than UMBRELLA Form WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION: Policy provides protection to- ANY AND ALL OPERATIONS/JOBS performed by the named insured. Blanket Additional Insured on policy as required by written contract. "Any vehicle leased from Enterprise Fleet Services where the contract includes auto insurance coverage. VENDOR ID: 13874 GPBR: 3228 AUTHORIZED REPRESENTATIVE: HOLDER: CANCELLATION: Attn: Bruce McNair, Senior Buyer SHOULD ANY OF THE ABOVE POLICIES BE CANCELLED BEFORE THE EXPIRATION City Of Lubbock DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MA 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT 162513th Street, Room L-04 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND Lubbock, TX 79457 UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 0 Copyright MoonLit Enterprizes 1999. AN Rights Reserved Form* CV1a-6/1/1999 I II CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: 2 REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten)10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 3 No Text CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 28TH DAY OF FEBRUARY, 2002 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and TEMCOR of the CITY OF GARDENA, COUNTY OF LOS ANGELES and the STATE OF CALIFORNIA hereinafter termed CONTRACTOR. WITNESSETH: That for and inconsideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements 1 described as follows: BID #018-02i'BM - COLUMN SUPPORTED ALUMINUM ROOF - $512,000.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own _ proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with 11 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. j IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, ` Texas in the year and day first above written. ATTEST: OF Cr,_,WNE) - QCITY By: CVV ity Secretary MAYOR APPR ED,48 TO CON T: / CONTRACTOR: Owner's Representative TEMCOR APPROVED AS TO FORM: City Attorney PRINTED NAME: C. A. Tourville TITLE: President ATTES . As i stant COMPLETE ADDRESS: Corp ate S cret Temcor 150 W. Walnut St., Suite 150 Gardena, California 90248 . � `xy - �'= � � • . - f�"`^l .. �`Z.. i.M S^fit i � �� l 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit TEMCOR who has agreed to perform the work embraced in this contract, or their legal representative. Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative CHES CARTHEL, CHIEF ENGINEER, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed I Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or 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. l 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 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 the party who gives the notice. 1 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. Al work shall be done and all materials furnished in strict conformity with the contract documents. 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 Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. OMNIF-Wn * ► I I L/ The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. ffNEEffVF*U,►exci►G9 Al lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. Al stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless - - - - _ - ------ --- - -- _ destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 2 ► I =I i ► \ ■ M 0 1 VAER I ON Dili 14 Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be bome by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING ...r It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and ` location of the work, the confirmation of the ground, the character, quality and quantity of materials to be s encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the _. ---- contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and bome by the Contractor at its own cost and expense. The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. ei •► ' it I 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 fumish 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 consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 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. The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or 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 such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be bome by the Contractor unless otherwise provided herein. Any work which fails to meet the 4 requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance With the requirements of the contract documents. ' I 1102 1 ■ =14 u It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid _ according to the quantity actually done and at the unit price established for such work under this contract; j otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. Ij 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2)-the amount that would have been charged } by a reasonable and prudent Contractor as a reasonable and necessary cost for fperformance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then It shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in Its bid to complete the work in accordance with these plans and specifications. if Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It Is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 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 Wety or im�rov_e their character and _efficiency_and the Contractor shal_i_._____ _ - comp y with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. WJ111- Me The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attomeys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver.. 1 The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance J 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, j 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 of Lubbock 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. 7 �f A. General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $1,000.000.00 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury Heavy Equipment B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, 50.00 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, $500.000.00 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned 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/installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of 51.000.000.00 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 $500.000,00. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 8 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 Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (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 (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self-insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of -the - insurance company setting forth: 10 (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date 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 (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and - - - -- any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: 11 REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation Insurance. This Includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the projec4 regardless of the Identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive Information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;" and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract Is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be flied 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."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that 12 materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (1){viii), with the certificate of coverage to be provided to the person for whom they are providing services. Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of f 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 M- Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, matenalmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work fumished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. ' 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and i save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 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 affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such 13 laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. K. ►1 •i -,\ 10 :. •Ili •► FXIN w b- It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $00 (FIVE HUNDRED) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that - "---when-tfie Owner is —having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. 14 1 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 f Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided l=- herein, any request for extension by Contractor shall be deemed waived. r~( 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience;1n which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 1 No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, 1( 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 J to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be fumished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ { somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor_nparagraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, I against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 15 w 6 i 1 9V In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final 16 L 45. a-] 47 completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any Warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 17 USM In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner, or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terns of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over 18 to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. The Contractor is 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 Contractor is 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 shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and bome by the Contractor at his own cost and expense. Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's 19 work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. •MW�II�C�3>�rl The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. • ate. .�i�• �► �►� � • Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (1) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 20 SECTION 0110 SUMMARY OF WORK PART 1 GENERAL 1.01 SECTION INCLUDES A. The City of Lubbock Water Utilities Division is upgrading the existing ground storage tank at the Water Treatment Plant. This project will cover the construction of column supported aluminum V-Beam roof above the existing concrete roof of the 2.5 million -gallon clear well. B. The plans are provided to describe the tank as it exists and specifications cover the requirements for new roof construction under the contract. C. The Contractor shall furnish all plans, materials, supplies, tools, equipment and labor necessary for the proper execution and completion of the work. D. The following paragraphs give the general specifications on the various materials and methods that are to be used in this project. 1.02 WORK RESTRICTIONS A. The Contractor shall be required to follow all safety and security procedures prescribed by the City of Lubbock Water Utilities Division. Access to the site will be limited to persons involved in the work. 1.03 PROJECT UTILITY SOURCES A. There will be no utilities available on site. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION Clearwell Domes 0110-1 01/15/02 SECTION 01200 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 INSPECTING AND TESTING ALLOWANCE A. The Contractor shall pay for an independent testing agency acceptable to the Owner's Representative to perform specified or required tests, inspections, approvals, and other services required for quality assurance at the time of bid opening. B. The Owner shall pay for tests, inspections, and approvals that become requirements after bids are received or negotiations concluded, unless noted otherwise. C. If the Owner give the Contractor written instruction to perform additional testing or inspection not already included in the contract documents, the Contractor shall arrange for such additional testing or inspection. The Owner shall pay for such tests and inspections except as provided in the following paragraphs. D. If such additional procedures show that portions of the work do not comply with the contract documents, the Contractor shall arrange for such additional testing or inspection. The Owner shall pay for such tests and inspections except as provided in the following paragraphs. 1.02 VALUE ANALYSIS A. Sumbit a printed schedule on AIS Gorm G793 — Application and Certificate for Payment Continuation Sheet. B. Contractor's standard form or electronic media printout will be considered. C. Submit Schedule of Values in duplicate within 5 days after date established in Notice to Proceed. D. Format: Itemize. E. Include within each line item, a direct proportional amount of Contractor's overhead and profit. F. Revise schedule to list approved Change Orders with each Application for Payment. Clearwell Domes 01200-1 01/15/02 CONTRACT MODIFICATION PROCEDURES A. The Owner's Representative will be advised of minor changes in the Work not involving an adjustment to Contract Sum or Contract Time as authorized by AIA A201, 1987 Edition, Paragraph 7.4, EJCDC, 1990 Edition Paragraph 9.5 issuing supplemental instructions on AIA Form G710. B. The Owner's Representative may issue a Proposal Request. 1. Proposal Request shall include: a. Detailed description of a proposed change with supplementary or revised drawings and specifications b. A change in Contract Time for executing the change with stipulation of ^' any overtime work required and the period of time during which the requested price will be considered valid. 2. Contractor will prepare and submit an estimate within 3 days. C. The Contractor may propose changes by submitting a request for change to the Owner's Representative, describing the proposed change and its full effect on the Work. Include a statement describing the reason for the change, and the effect on the Contract Sum and Contract Time with full documentation and a statement describing the effect on Work by separate or other Contractors. D. Stipulated Sum Change Order: Based on Proposal Request and Contractor's fixed price quotation or Contractor's request for a Change Order as approved by Owner's Representative. E. Maintain detailed records of work done on Time and Material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. F. Execution of Change Orders: Owner's Representative will issue Change Orders for signatures of parties as provided in the General Conditions. 1.03 UNIT PRICES iA. Payment for roof construction shall be a lump sum per roof and not by unit price. This bid shall include all labor materials, and cleanup required by the specifications and as shown on the plans. 1.04 PAYMENT PROCEDURES A. The following requirements shall be fully completed before the final application for payment will be accepted or approved. I� Clearwell Domes 01200-2 01/15/02 y B. Final inspection performed and all corrections made. C. Submit three copies of each application on AIA Form G702 - Application and Certificate for Payment and AIA G703. D. Contractor's standard form or electronic media printout will be considered. E. Content and Format: Utilize Schedule of Values for listing items in Application for Payment. F. Submit the following along with the application for final payment: 1. Signed affidavit by a Notary Public that all claims on this job have been settled. 2. Contractor warranties for this job shall be signed and sealed by a Notary Public. 3. Written Receipt for All Equipment purchased as part of this project. 4. Maintenance Manuals for All Equipment purchased as part of this project. 5. Equipment Warrantees for all Equipment purchased as part of this project. 6. Certification that the specified material alloys, sizes, and quantities have been furnished. 7. Contractor's Affidavit on Closing Job. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION Clearwell Domes 01200-3 01/15/02 SECTION 01300 ADMINISTRATIVE REQUIREMENTS PART 1 GENERAL 1.01 COORDINATION AND PROJECT CONDITIONS f A. Coordinate scheduling, submittals, and Work of the various sections of the Project Manual to ensure efficient and orderly sequence of installation of interdependent construction elements with provisions for accommodating items installed later. B. Verify utility requirements and characteristics of operating equipment are compatible with site utilities. C. Coordinate completion and cleanup of Work of separate sections in preparation for Substantial Completion. D. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities. E. The Water Utilities Engineering Department shall be notified 48 hours before the planned construction is to commence and also before starting up when construction is interrupted for any reason. F. Each bidder shall submit a Construction Schedule with their bid indicating the sequence of all construction activities to be performed. The scheduled completion date for this project shall be 120 calendar days from contract signing. G. Upon award of the contract, the Construction Schedule will become part of the Contract Documents. H. The Contractor shall be issued a Notice to Proceed following approval of City Council execution of Contract Documents, and completion of pre -construction meeting. 1.02 PRE -CONSTRUCTION MEETING A. Owner's Representative will schedule a meeting after award of contract. �. B. Attendance Required: Owner's Representative and Contractor. Clearwell Domes 01300-1 01/15/02 C. Agenda: 1. Designation of personnel representing the parties in Contact. 2. Scheduling. 3. Notice to Proceed. 4. Emergency telephone contacts for Owner and Contractor. 5. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract close-out procedures. 6. Submission of: a. List of subcontractors b. List of products c. Schedule of values. d. Progress Schedule. 1.03 CONSTRUCTION PROGRESS DOCUMENTATION A. Construction Progress Schedules. 1. Submit initial schedule in duplicate within five (5) days after date of Notice to Proceed. 2. Revise and resubmit as required. 3. Submit revised schedules with each Application for Payment, identifying changes since previous version. 4. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped ac B. Contractor's Field Reports 1. Maintain and submit daily logs for this project during the application of payment and provide for the Owner's Representative upon request. 2. Survey and Layout Data. 1.04 SUBMITTAL PROCEDURES A. Shop Drawings, Design Calculations and Submittals. 1. Before executing any of the work, the Contractor must submit calculations and drawings. 2. A complete set of calculations shall be submitted showing compliance _ __with_all desi __ load -criteria. ____ ____._ Clearwell Domes 01300-2 01/15/02 3. Drawings submitted to the consulting engineer shall include all details showing dimensions, sizes, thickness, gauges, materials, finishes, joint 1 attachment and erection procedures. B. Approved Construction Plans: 1. Construction shall be done in accordance with the approved construction plans provided for this project by the Contractor. A certificate of design will be required with the plans. The roof design shall comply with all specifications, standards, and meet local building codes. 2. All materials shall be fabricated and erected in accordance with the approved drawings. C. Submittals for Review. 1. The Contractor shall submit the manufacturer's product data for all materials used in construction of this project, such as roof design, formwork accessories, concrete admixtures, grout, chemical hardener, curing compound, bonding compound, and epoxy bonding system. 2. The Contractor shall review all required components for use in this j application to ascertain that all items will function as necessary and as J designed. a. Transmit each submittal to Project Engineer: Chester "Ches" Carthel, P.E. Chief Engineer Water Utilities Engineering City of Lubbock P.O. Box 2000 1625 - 13th Street Lubbock, TX 79457 3. Transmit a minimum of three (3) copies (number of copies which the Contractor requires, plus two (2) copies which will be retained by Owner's Representative) of each submittal unless otherwise specified in the individual sections. 4. Apply Contractor's stamp, signed or initialed certifying that review, approval, verification of Products required, field dimensions, adjacent construction work, and coordination of information is in accordance with the requirements of the Work and Contract Documents. Clearwell Domes 01300-3 01/15/02 5. Schedule submittals to expedite the Project, and deliver to Owner's Representative at business address. Coordinate submission of related items. 6. For each submittal for review, allow ten (10) days excluding delivery time to and from the Owner's Representative. 7. Identify variations from Central Documents and Product or system limitations, which may be detrimental to successful performance of the completed Work. 8. When revised for resubmisson, identify all changes made since previous submission. 9. Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. 10. Submittals not requested will not be recognized or processed. 11. Submittals will not be accepted from subcontractors, suppliers, or anyone other than the Contractor. 12. Indicate conditions requiring special attention and special environmental criteria required for application. 13. After review provide copies for record documents described in Section 01700. 1.06 CONTRACT CLOSEOUT A. The Contractor shall submit shop drawings indicating the demolition and removal sequence and the location and construction of barricades, fences, and temporary work areas as needed. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION Clearwell Domes 01300-4 01/15/02 SECTION 01400 QUALITY REQUIREMENTS PART 1 GENERAL 1.01 REGULATORY REQUIREMENTS A. All Work performed shall be done in accordance with standard building practices. B. The Contractor must comply with the contract requirements and standard specifications except where governing authorities are more stringent. C. The contractor must obtain and submit copies of all permits, licenses, and similar permission obtained, and receipts for fees paid, to the Owner directly. D. The Contractor must comply with the rules and regulations of local, state and Federal authorities regarding safety provisions shall be observed. 1.02 REFERENCES A. Abbreviations and Acronyms: Abbreviations used in the Contract Documents are defined as follows: AWWA American Water Works Association AASHTO American Association of State Highway and Transportation Officials ASCE American Society of Civil Engineers ASTM American Society for Testing and Material B. Definitions: 1. Furnish: To supply products to the project site, including delivering ready for unloading and replacing damaged and rejected products. 2. Install: To put products in place in the work ready for the intended use, including, unloading, unpacking, handling, storing, assembling, installing, erecting, placing, applying, anchoring, working, fishing, curing, protecting, cleaning, and similar operations. 3. Provide: To furnish and install products. Clearwell Domes 01400-1 01/15/02 4. Indicated: Shown, noted, scheduled, specified, or drawings, somewhere in the contract documents. 5. Unexposed Finish: A general -use finish, with no appearance criteria, applicable to all formed concrete concealed from view after completion of construction. 6. Exposed Finished: A general -use finish applicable to all formed concrete exposed to view and including surfaces which may receive a paint coating (if any). 7. Concealed Spaces: Spaces that are not accessible after completion of construction. 8. Cutting: Removal of material by cutting, sawing, drilling, breaking, chipping, grinding, and similar operations, including excavation. 9. Damage: Any sort of deterioration whether due to weather, normal wear and tear, accident or abuse, resulting in soiling, marring, breakage, corrosion, rotting, or impairment of function. 10. Debris: Rubbish, waste materials, litter, volatile waste, and similar materials, with the exception of surplus material which are to become the property of the Owner. 11. Demolish: To destroy of wreck. 12. Fire Barriers: Any wall, floor, ceiling, or roof that is indicated as having a fire resistant rating. Patching: Restoration to completed condition by patching, repairing, refinishing, fishing, filling, closing up, and similar operations. 13. Patching: Restoration to completed condition by patching, repairing, refinishing, finishing, filling, closing up, and similar operations. 14. Protect: A term used on drawing to indicate that an item requires protection from work. The type of protection will be specified. 15. Reinstall: A term used on drawing to indicate an existing item had been removed for whatever reason, to be installed in a new location. 16. Relocated: A term used on drawing to indicate an existing item that has been removed for whatever reason, to be installed in a new location. Clearwell Domes 01400-2 01/15/02 17. Remove: A term used on drawings to indicate a specific item to be moved. The item may be refurbished or rejuvenated, reinstalled, relocated, or turned over to the Owner or Contractor. 18. Replacement: Replace the entire element, surface, or product. C. Reference Standards: 1. All references to standards, specifications, manuals, or codes of any technical society, organization, or association, shall mean the latest standard specifications, manual, or code. 2. Laws of Regulations of any governmental authority, whether such reference be specific of by implication, shall mean the latest in effect at the time of opening of bids except as may be otherwise specifically stated. 1.03 QUALITY ASSURANCE A. Fabricator Qualifications: 1. The roof fabricator must have fabricated and had in satisfactory service for a period of not less that five (5) years at least one column supported aluminum roof with a dimensions equal to or larger that the units specified. B. Manufacturer Qualifications: 1. The column supported aluminum roof must be manufactured in a plant that is owned and operated by company designed as the fabricator. The employees used for such fabrication shall be employees of the fabricator. C. Acceptable Manufacturers: Conservatek Industries, Inc. Conroe, TX 77503 409-539-1747 Temcor Carson, CA 90745 800-421-2263 Clearwell Domes 01400-3 O1/15/02 D. Installer Qualifications: 1. The column supported aluminum roof erector must have installed and had in satisfactory service for a period of not less that five (5) years at least one column supported aluminum roof with a dimensions equal to or larger than the units specified. 2. The companies must submit evidence at the time of submittal of the manufacture and construction of a column supported aluminum roof. The roofs must be on satisfactory service for a period of not less than five years with dimensions equal or larger than the units specified. 3. Upon request of the Owner's Representative, references shall be made available. E. Testing Agency Qualifications: 1. Testing agency shall meet ASTM E 329 requirements. 1.04 QUALITY CONTROL A. Contractors Quality Control: 1. Prior to performing work, examine the applicable substrates and the conditions under which the work is to be performed. 2. If unsafe or otherwise unsatisfactory conditions are encountered, take corrective action before proceeding. B. Field Quality Control: 1. Conditions that could have been discovered by examination will not be allowed as cause for claims for extra work. The contractor shall in particular verify the following: a. Underground Utilities b. Other underground construction C. Location and invert elevation of points of connection to piped utilities 2. Verify that utility requirements of operating equipment are compatible with building utilities and that space requirements of items are shown diagrammatically on the drawing. Clearwell Domes 01400-4 01/15/02 C. Source Quality Control: 1. The Contractor is required to obtain materials of each type same source for the entire project. D. Testing and Inspection Services: l . When portions of the work are required by the contract documents or by governing authorities to be tested, inspected, or approved, such tests, inspections, and approvals shall be made at the appropriate time. 2. Approvals to be made and shall pay costs of all tests, inspections, and approvals related costs due to such tests, inspections, and approvals. 3. The Contractor shall notify the Owner of the time and place where tests and inspections are to be made so the Owner may have adequate time to arrange to observe such procedures. a. If the contract documents require that the Owner observe tests, inspections, or approvals, the Owner will do so at no additional cost to the contractor, provided such tests, inspections, or approvals are to be conducted at the project site. b. When witnessing of such tests and inspections by the Owner at locations other than the project site is specified; the Contractor shall bear all costs relating to the Owner's travel to the testing or inspection location 4. Unless otherwise indicated, the Contractor shall obtain all certificates of testing, inspection, and approval, and shall promptly deliver them to the Owner. 5. Dependent testing agencies, whether employed by the Owner or the Contractor, may not change the requirements of the contract documents and may not approve any portion of the work. 6. Employment of testing agencies, by the Contractor of the Owner, shall not relieve the Contractor of his obligation to perform the work in accordance with contract documents. E. Testing Laboratory Services: 1. Unless otherwise indicated by the appropriate public authority an independent testing agency or other entity acceptable to the Owner shall make all tests, inspections, and approvals. Clearwell Domes 01400-5 01/15/02 PART 2 PRODUCTS Not used PART 3 EXECUTION Not used END OF SECTION Clearwell Domes 01400-6 01/15/02 SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 TEMPORARY UTILITIES Conduct construction operations so that waste of power, water, and fuel is avoided. A. Temporary Electricity. i 1. Cost: By Owner; connect to Owner's existing power service. Do not disrupt Owner's use of service. Owner will pay cost of energy used. Exercise measures to conserve energy. 1 2. Provide temporary electric feeder from existing electrical service at the site. j Do not disrupt Owner's use of service. # 3. Complement existing power service capacity and characteristics as required. 4. Provide power outlets for construction operations, with branch wiring and distribution boxes located as required. Provide flexible power cords as required. 5. Provide main service disconnect and over -current protection at convenient location. 6. Permanent convenience receptacles may not be utilized during construction. i 7. Provide adequate distribution equipment, wiring, and outlets to provide single-phase branch circuits for power and lighting. B. Temporary Lighting for Construction Purposes 1. Provide and maintain sufficient lighting to meet the work needed. 2. Provide branch wiring from power source to distribution boxes with lighting conductors, pigtails, and lamps as required. 3. Maintain lighting and provide routine repairs. 4. Permanent building lighting may not be utilized during construction. C. Telephone Service 1. Provide, maintain, and pay for telephone service to field office at time of project mobilization. D. Removal of Temporary Utilities, Facilities, and Controls 1. Remove temporary utilities, equipment, facilities, and materials, prior to Substantial Completion inspection. I' Clearwell Domes 01500-1 01/15/02 2. Clean and repair damage caused by installation or use of temporary work. 3. Restore existing and permanent facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. 1.02 CONSTRUCTION FACILITIES A. Sanitary Facilities 1. Provide and maintain required facilities and enclosures. Do not discharge into the City sanitary sewer system. Contractor to provide and maintain required facilities and enclosures. 1.03 SECURITY A. Barricades The Contractor shall, at his own expense, furnish and erect such barriers, fences, lights, and danger signals, and shall take such other precautionary measures for the protection of persons, property and the works as may be necessary. All safety measures shall meet the requirements of the Texas Manual on Uniform Traffic Control Devices. 2. 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 expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the day the Contractor receives the City's certificate of acceptance of the project. B. Security Measures 1. Provide security and facilities to protect Work, and existing facilities, and Owner's operations from unauthorized entry, vandalism, or theft. 2. Coordinate with Owner's security program. 3. Access to the site can only be gained through an employee of the Water Department. The gates must remain locked at all times. An employee of the Water Department must be contacted and be on site before departure. 4. The space available to the Contractor for the performance of the work, either exclusively or in conjunction with others performing other construction as part of the project is restricted to the area within the legal description of the site unless the Contractor makes arrangements to use additional space. 5. The Contractor shall provide adequate signs to direct visitors at the site. Clearwell Domes 01500-2 01/15/02 C. Site Protecting 1. Protect utilities, trees, shrubbery fences, poles, sidewalks, curbs and all other property and surface structures from damage. The Contractor shall restore any items that are distributed at his own expense. 2. Whenever work damages streets, lawns, sidewalks, parking areas, curbs or other finished surfaces, replace such surfaces with material to match existing surfaces as approved by proper authorities, including reinforcing steel where required. 3. Whenever work damages existing grassed areas, Contractor shall install sod to match existing. 1.04 TEMPORARY CONTROLS A. Drainage 1. Provide temporary means of draining roofs where required. B. Fire 1. The Contractor shall take precautions to prevent fires and to facilitate fire- fighting operations. Do not allow smoking in areas where highly combustible or explosive materials are present. 2. The Contractor shall carefully supervise the operation of potential fire sources including heating units. Keep all flammable materials in non- combustible containers and store away from potential fire sources. Flammable waste shall be removed from the site regularly. 3. Conduct welding operations in manner to prevent fire and comply with local regulations. 4. Keep temporary and permanent fire fighting facilities readily accessible and keep fire fighting routes open. C. Noise 1. Do not use tools or equipment that produce harmful levels of noise. Do not use noise -making tools or equipment between 7 p.m. and 8 a.m. on weekdays, 7 p.m. to 9 p.m., Saturdays, and all day on Sunday and major holidays. D. Prevent Accidents 1. The Contractor shall keep the site and adjacent public areas free of hazardous and unsanitary conditions and public nuisances. Clearwell Domes 01500-3 01/15/02 2. The Contractor shall keep public streets free of debris due to this work and shall provide adequate traffic control by means of signs, signals, and flagmen as deemed necessary by the Owner's Representative. The Contractor shall take precautions to prevent accidents due to physical hazards by provide barricades, warning lights, or signs as required to inform personnel and the public of the hazard being protected against. The placement of safety barricades shall comply with the most current standard regulations. The Contractor shall provide temporary walkways where walking surfaces are hazardous and shall notify the Owner before beginning any work that involves hazardous operations. E. Pollution Prevention 1. The Contractor shall take care to prevent pollutants of the air, water, and soil from being released. The Contractor shall comply with current EPA regulations and is responsible for limiting effluent and rainwater runoff into local waterways. The disposal of effluent or rainwater by means of sewers is not lawful and the Contractor shall provide alternative methods of disposal. Do not dump any contaminants on the job site. F. Pest Control Prevent infestation of or control rodents and other pests at the project site, adjacent sites and buildings. 1.05 PROJECT IDENTIFICATION A. Project Signs 1. Do not install, or allow installation of signs other than specified signs(s) and signs identifying the principal entities involved in the project. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION Clearwell Domes 01500-4 01/15/02 SECTION 01600 PRODUCT REQUIREMENTS PART 1 GENERAL 1.01 BASIC PRODUCT REQUIREMENTS A. All materials shall be subject to the approval of the Chief Engineer of Water Utilities before being used.. B. Prepare a complete schedule of major products used, including the following for each product. 1. Manufacturer's name. 2. Brand or trade name. 3. Model number, if applicable. 4. Reference standard, if more than one is applicable. C. On minor items a certificate from the manufacturer may be required, certifying that the material or equipment meets the specifications for such material as specified herein. D. Arrange products in the schedule by specification sections; indicate paragraph where specified. E. Prepare and submit a preliminary schedule within 30 days after award of contract; resubmit when revised; submit final schedule prior to final payment. F. Schedule of products shall not be used to obtain approval of substitute products. The Contractor shall make a separate request for product substitution. G. Design: 1. The roof shall be a rectangular structure conforming to the dimensions of the reservoir. 2. The roof shall use a truss system supported from aluminum columns, capable of supporting all vertical and horizontal loads from the new roof structure, resting on the existing concrete roof of the tank. 3. The roof panels shall be designed as a watertight system under all design _load _conditions_with non -corrugated closure panels. Clearwell Domes 01600-1 01/15/02 4. All raw edges of the aluminum panels shall be covered, sealed, and firmly clamped to prevent slipping or disengagement under all load conditions and temperature changes 5. The roof shall include a four — (4) foot wall around the perimeter of the roof and two (2) standard aluminum doors. 6. The structure shall consist of beam and purlins covered with corrugated closure panels. Full provisions shall be made in the design to allow for thermal expansion of the connection between roof, tank, and it's parts over a temperature range of —40" F to +140' F. The dead weight of the roof structure shall not exceed 3.0 pounds per square foot of surface area. 7. The cover surface paneling shall be designed as a watertight system under all design load and temperature conditions. All raw edges of the aluminum panels shall be firmly secured to the support frame to prevent slipping or disengagement under all load and temperature changes. Dissimilar materials that are not compatible shall be physically separated or insulted from each other by means of gaskets or insulating compounds. H. Design Loads 1. Cover I. Panel a. The support frame and skin shall be designed in accordance with the most recent edition of "Specifications for Aluminum Structures" as published by the Aluminum Association and designed for full dead load plus live or snow load in accordance with applicable local building codes. b. Basic Live Load [psf]: C. Ground Snow Load [psf]: Not acting simultaneously with the above tools. 2. The aluminum panels shall be secured to the frame to withstand the following vertical loads. 3. Two concentrated loads of 250 pounds each, applied simultaneously on two separate one square foot areas of the panel or 60 psf distributed over the total panel area. Clearwell Domes 01600-2 01/15/02 4. A distributed load equal to the ground snow load or 60 pounds per square foot over the total panel, whichever is greater. J. Wind Loads' 1. The wind load shall be the local building code but he minimum shall be the load resulting from a wind velocity of 100 mph. Wind pressures and their distribution may be based on certified wind tunnel tests. K. Seismic Loads 1. The cover shall be designed for the seismic loading as specified in local building code (0). 1.02 PRODUCT OPTIONS A. It is the Contractor's responsibility to select products which comply with the contract documents and which are compatible with one another, with existing work, and with products selected by other contractors. B. The Contractor shall verify that the electrical characteristics of products are compatible with the electrical systems, and notify the Owner of any and all discrepancies. C. Definition of Substitute Product 1. Any product, which does not meet the requirements of the contract documents, whether in product characteristics, performance quality, or manufacturer or brand names is considered a substitute. D. Product Opinions 1. Where products are specified using more than one method, such as a description with a manufacturer list, use a product that meets the requirements of both specification methods. -� E. Products Specified by Reference Standard 1. Use any product meeting the specification. Provisions of reference standards shall not modify the responsibilities of the Owner as defined in the contract documents. 1 F. Products Specified By Performance Requirements y 1. Use any product meeting the specification. 1 Clearwell Domes 01600-3 01/15/02 G. Products Specified By Listing Manufacturer(s) 1. The Contractor shall provide products meeting the specifications and made by one of the manufacturers listed or an approved equal. 1.03 PRODUCT SUBSTITUTION PROCEDURE A. The Contractor will be notified about a substitution request in writing within a reasonable time; verbal acceptance of the substitution will not be valid. B. Acceptable substitutions will be added to the contract documents by appropriate notification. C. Submission of request for substitution shall constitute a representation that the entity making the request. 1. Has investigate the proposed product and determined that it is equal to or better than the specified product. Absence of an explicit comparison of any characteristic of the proposed product to the specified product shall constitute a representation that the proposed product is equal to or better than the specified product with regard to that characteristic. 2. Will provide the same warranty for the proposed product as for the specified product. 3. Will coordinate the installation and make other changes which may be required for the work to be complete in all respects, including redesign and additional components and capacity required by other work affected by the change. 4. Waives all claims for additional costs and time extensions which subsequently may become apparent and which are caused by the change. 5. Will reimburse the Owner for additional costs for evaluation of the substitution request, redesign if required, and reapproved by authorities having jurisdiction if required. 6. Substitutions will not be considered when acceptance would require substantial revision of the contract docouments. 7. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals without separate written request. 8. Substitution requests will not be considered when submitted directly by subcontractor or supplier. Clearwell Domes 01600-4 01/15/02 1.04 SUBSTITUTION REQUEST PROCEDURE A. Submit written request with complete data substantiating compliance of the proposed product with the requirements of the contract documents. 1. Submit request at least 21 days prior to the date when the specified product needs to be ordered. 2. Submit a request to the Owner. 3. Submit five (5) copies of each request and accompanying data. 4. Submit all requests on a standard form. 5. Only one request for substitutions will be considered for each product. 6. Provide at least the following data: a. Identify product by specification section and paragraph number. b. Manufacturer's name and address, trade name and model number of product (if applicable), and name of fabricator or supplier (if applicable). C. Complete product data. d. An itemized comparison of the proposed product to the specified product. e. Net amount of change to the contract sum. f. List of maintenance services and replacement materials available. g. Statement of the effect of the substitution on the construction schedule. h. Description of changes that will be required in other work or products if the substitute product is approved. B. The Owner will determine acceptability of the proposed substitution. C. When the proposed substitution is not accepted, provide the product (or one of the products, as the case may be) specified. Clearwell Domes 01600-5 01/15/02 1.05 PRODUCT DELIVERY REQUIREMENTS A. Materials of each type shall be obtained from same source for the entire project. B. Require suppliers to package finished products in a manner which will protect the material from damage during shipping, handling, and storage. C. Transport products by methods, which will avoid any damage. The products and materials shall be delivered in dry, undamaged condition and in the manufacturer's unopened packaging. D. The Contractor shall arrange deliveries of products to allow time for their inspection prior to installation. Coordinate the delivery of products and materials to avoid conflict with the work and to take into account both the conditions at the site and the availability of personnel, handling equipment, and storage space. Clearly mark partial deliveries to identify contents, to permit easy accumulation of entire delivery, and to facilitate assembly. Promptly inspect shipments and remedy any damages, incorrect quantity, incompleteness, improper or illegible labeling, and noncompliance with requirements of contract documents and approved submittals. E. Reinforcement material shall be delivered to project site bundled and tagged with metal tags indicating bar size, lengths, and other data corresponding to information shown on placement drawings. 1.06 PRODUCT HANDLING REQUIREMENTS A. Provide adequate equipment and personnel to handle products by methods that prevent damage. B. The Contractor shall provide, where necessary additional protection to products and materials during handling to prevent damage. C. The Contractor is responsible for lifting large and heavy components at designated lift points only. D. Only hand -operated equipment may be placed on the existing roof for material moving or construction. 1.07 PRODUCT STORAGE REQUIREMENTS A. No indoor storage areas are available on site, and no off -site storage will be approved. B. Store products immediately on delivery and in accordance with manufacturer's instructions, with seals and labels intact and legible. Store in _a_manner to..prevent_ _ Clearwell Domes 01600-6 01/15/02 C E. F. G. damage to the stored products and to work. Store moisture -sensitive products in weather tight enclosures. Store unpacked and loose products on shelves, in bins, or in neat groups of like items. Arrange storage to provide access for inspection and inventory. Periodically inspect for noncompliance with required conditions and product damage and remedy. Cover products subject to weather damage with impervious sheet covering; provide ventilation to avoid condensation. Provide surface drainage to prevent ponding or runoff water from damaging stored products. Prevent damage and contamination from refuse and chemically injurious materials and liquids. Store fabricated products on substantial platforms, blocking, or skids above the ground, sloped to drain. Reinforcement materials shall be stored at the site to prevent damage and accumulation of dirt or rust. Maintain packaged materials clean, dry, and protected against dampness, freezing, and foreign matter. The Contractor shall provide secure storage for materials stored on site for which the Owner has made payment. The Contractor shall secure completed work as required to prevent loss. PART 2 PRODUCTS Not used PART 3 EXECUTION Not used END OF SECTION Clearwell Domes 01600-7 O1/15/02 SECTION 01700 EXECUTION REQUIREMENTS PART 1 GENERAL 1.01 EXAMINATION A. The Contractor shall prior to performing work, examine the applicable substrates and the conditions under which the work is to be performed. B. The Contractor shall take corrective action before proceeding if unsafe or otherwise unsatisfactory conditions are encountered. C. The Contractor shall not be allowed to make extra work claims for conditions that could have been discovered by examination. The Contractor shall in particular verify the following: 1. Underground utilities. 2. Other underground construction. 3. Location and invert elevation of points of connection to piped utilities. D. The Contractor shall verify that utility requirements of operating equipment are compatible with building utilities and that space requirements of items are shown diagrammatically on the drawings. 1.02 PREPARATION A. It shall be the responsibility of the Contractor to construct the work to the position and elevations as set out on the plans and approved changes. The Owner's Representative will furnish the Contractor control panels for determining lines and grades. B. From the control points established by the Owner's Representative, the Contractor shall establish and be responsible for the correctness of alignment, elevation and position of all construction required by the contract. The Contractor shall provide a qualified and experienced work force to perform this work. The Owner's Representative should be informed in advance of the time and place the Contractor intends to work, in order that measurements may be made as necessary for the record and for determination of pay quantities. Clearwell Domes 01700-1 01/15/02 1.03 PROTECTION OF ADJACENT CONSTRUCTION A. The Contractor will be required to contact Dig Tess to locate all utility lines, including customer service lines, far enough in advance to make proper provisions for protecting them. The Contractor shall notify local utilities whenever working near gas mains or services or near electrical or telephone cables or when the presence of these utilities is suspected in the area of construction. The Contractor shall be held responsible for the repair of such structures when broken or otherwise damaged because of carelessness on his part. B. The Contractor will not be allowed to disrupt the service on any utility lines 1 except customer service lines, which may be taken out of service for short periods of time provided the Contractor obtains permission from the Engineer and from the Owner of the premises being served by the utility. C. All utility lines shall be properly supported to prevent settlement or damage to the line both during and after construction. The cost of supporting utility lines shall be included in the unit price bid for the project. D. The proper utility company without expense to the Contractor shall do any permanent relocation of existing utility lines. E. Where pipes, conduits, or concrete curbs or gutters are encountered, the cost of tunneling shall be included as a part of the cost of the pipeline. F. The Contractor shall proceed with caution in the excavation and preparation of the trench so that the exact location of underground structures, both known and unknown, may be determined. If required, the Contractor shall excavate and locate existing underground utilities ahead of trench excavation in order that necessity for grade changes may be ascertained in advance. G. Hand excavation shall be used where necessary. The Contractor shall notify local ti utilities whenever working near gas mains or services or near electrical or telephone cables or when the presence of these utilities is suspected in the area of construction. H. The Contractor shall immediately notify the proper utility company of any damage to utility lines in order that service may be established with the least possible delay. Any damage to existing lines and the repair of customer lines which are authorized to be cut shall be at his own expense, and as directed by an official representative of the utility company involved. Clearwell Domes 01700-2 01/15/02 1.04 SURVEYING A. The Owner's Representative may, at his option, make spot or complete checks on all construction alignment and grades to determine the accuracy of the Contractor's survey work. B. These checks, however, will not relieve the Contractor of his responsibility of constructing the work to the positions and elevations as shown on the plans or approved changes. Computations, sketches and other drawings used in the design and layout of this project will be made available to the Contractor, but these items will not relieve the Contractor of his responsibility as set out above. C. The Contractor shall furnish, at his own expense, all stakes and other materials necessary to preserve control points for alignment and grade. D. The Contractor will be held responsible for the preservation of all control points established by the Owner's Representative. If in the opinion of the Owner's Representative any of the stakes or bench marks have been carelessly or willfully destroyed or disturbed by the Contractor they shall be replaced by the Contractor. Or the cost of replacing them will be charged to the Contractor and deducted from the final payment of the work. E. No direct payment will be made for this work, but the cost of all labor, equipment and supplies necessary to perform the work shall be included in the contract unit prices bid for the various contract items. 1.05 EXECUTION A. Accurately locate the work and components of the work; make vertical work plumb; horizontal work level. B. See sections describing specific parts of the work for additional requirements. C. Where space is limited, install components to maximize space available for maintenance and to maximize ease of removal for replacement. D. In finished areas, conceal pipes, ducts and wiring within the construction, unless otherwise indicated. E. Coordinate exact locations of fixtures and outlets with finish elements. F. Install work in such manner and sequence as to preclude, if possible, or at least to minimize cutting and patching. Clearwell Domes 01700-3 01/15/02 1.06 CLEANUP A. The Contractor shall clean up the site within three (3) days after completion of any Sub -Unit of the construction. This will include removing all rubbish and temporary structures from the construction site. All property, both public and private, damaged during construction shall be restored, and leaving the work site in a neat and presentable condition. The cost of the cleanup shall be included as a part of the total cost of the project. This work shall be before final acceptance of the Sub -Unit will be considered. B. The Contractor shall remove debris from concealed spaces to enclosing the space. C. The Contractor shall keep the site and the work free of waste materials and debris. D. The Contractor shall remove waste from site frequently enough to prevent significant accumulations of debris. E. The Contractor shall remove waste as necessary to prevent development of health hazards and nuisance odors when the temperature exceeds or is expected to exceed 80 degrees F. F. The Contractor shall keep hazardous and unsanitary materials in containers separate from other waste. G. Clean areas in which work is to, be done to level of cleanliness necessary for proper execution of that work. Where dust would impair execution of work, broom and vacuum -clean the entire interior area and keep clean. H. The Contractor shall dispose of debris in a lawful manner. Do not bum or bury debris on the site and do not dispose of volatile wastes in storm or sanitary drains. I. The Contractor shall dispose of debris in a lawful manner. Do not bum or bury debris on the site and do not dispose of volatile wastes in storm or sanitary drains. J. The Contractor shall protect installed work from soiling and damage by providing protective coverings as required. Provide protective coverings for work that may be damaged by subsequent operations. Where heavy abuse is expected, use plywood for protection. Maintain the protection of installed work with protective coverings until substantial completion. 1.07 STARTING AND ADJUSTING ' A. The Contractor and a representative of the Water Utilities Engineering Department shall inspect all work by the Contractor. Clearwell Domes 01700-4 01/15/02 B. The Contractor shall replace, repair, or adjust any items found during the inspection to be damaged or installed improperly at the Contractor's expense. C. The representative for the Water Utilities Engineering Department shall have the authority to halt construction when, in his opinion, construction is being performed contrary to the specifications or approved plans. D. Whenever any portion of these specifications is violated, the Chief Engineer of Water Utilities, by written notice, may order that portion of construction which is in violation of these specifications or other approved plans and specifications to cease until such violation is corrected. A copy of the order shall be filed with the Contractor's license application for future review. E. If deficiencies are not corrected, performance shall be required of the Contractor Surety. 1.08 PROTECTING INSTALLED CONSTRUCTION A. Conduct construction operations so that no part of the work is subjected to damaging operations or influences that are in excess of those to be expected during normal occupancy conditions. B. Provide temporary supports as required to prevent movement and structural failure. C. Install products only during environmental conditions that will ensure the best possible results. D. The contractor shall be responsible for protecting existing construction elements E. The Contractor, at the Owner's Representative's discretion, shall replace at his expense. 1. Damaged surfaces exposed to view that cannot be repaired without visible evidence of repair. 2. Components that cannot be repaired to proper operating condition. 3. Chipped and broken glass. 4. Scratched transparent materials. 5. Scratched reflective surfaces. Clearwell Domes 01700-5 01/15/02 F. The Contractor, at the Owner's Representative's discretion, shall repair or replicate at his expense. 1. Components which do not operate properly. 2. Surfaces exposed to view that cannot be cleaned to original condition. 3. Permanent facilities used during construction. 4. Other deflective work. G. Acceptable Repair Methods. 1. Replacing parts. 2. Refinishing. 3. Touching up with matching materials. 4. Proper adjustment of equipment. 5. When it is necessary to deviate from the contract documents in order to accomplish corrective action the Contractor shall submit a field correction request. Field correction request must be approved in writing before any action is taken. 6. Restore permanent facilities used during construction to specified condition. 1.09 CLOSEOUT PROCEDURES A. A representative from each Contractor and Sub -Contractor shall be present and shall be prepared to assist the Owner/Engineer in performing the inspection. This shall include the operation of all equipment items, the removal of inspection pnaels/doors (as requested), etc. B. An inspection report describing incomplete/or unacceptable work will be prepared. This will be reviewed with the Contractor at the project site. C. after the incomplete or unacceptable work is 100% corrected the Contractor shall so certify in writing to the Owner. D. Final Inspection will be made only after the Contractor certifies in writing that the work is 100% complete. Clearwell Domes 01700-6 01/15/02 1.10 CLOSEOUT SUBMITTALS A. After the final inspection and clean up and before final payment can be made the Contractor will be required to fill out a "Contractors Affidavit on Closing Job" stating that all material suppliers and all other subcontractors have been paid on full. B. The Contractor shall turn in a project record document showing accurate recorded locations of any capped utilities, subsurface obstructions, and or any new installation locations. C. The contractor shall be required to turn in a final site survey. D. The contractor shall submit a bound copy for each system installed under this contract. This shall include but not be limited to a description and location of the system, all inspection data, maintenance contracts, product warranties, maintenance data, maintenance materials, spare parts, operations data, operations manual, and preventive maintenance instructions for each individual system shall be submitted. PART 2 PRODUCTS Not used PART 3 EXECUTION Not used END OF SECTION Clearwell Domes 01700-7 01/15/02 SECTION 01800 FACILITY OPERATIONS PART 1 GENERAL 1.01 COMMISSIONING A. Before the city can except the facility it must pass all prescribed tests. B. Leak testing: 1. After completion, the roof seams shall be leak tested by spraying the outside with water from a hose with a minimum 50-psig (345-kPa) static heads pressure at the nozzle. Potable water shall be used. The water must not be sprayed directly on any roof vents. Any water on the inside of the roof shall be evidence of leakage. C. Warranty and Acceptance: 2. After completion of all or designated portions of work under construction, the leak test and the final inspection shall be made to determine compliance with these specifications or approved plans. Upon such determination, a certificate of compliance shall be issued. The letter of acceptance shall constitute the initiation of the warrantee period. The Contractor shall warrant the accepted work to be free of defects in workmanship or material defects for a period of one year. 1.02 DEMONSTRATION AND TRAINING A. The Contractor shall instruct the Owner's Representative in the maintenance and `µ repair of the V-Beam Roof. The instruction period shall be at the convenience of the Owner's Representative. The Contractor shall submit a letter signed by the �) Owner's Representative certifying satisfactory completion of instructional } activities. l 1.03 OPERATIONS AND MAINTENANCE 1 A. The contractor shall provide to the owner an Operations and Maintenance Manual. B. The determination of the necessity during the warranty period for the Contractor to repair or replace the work in whole or in part shall rest entirely with the Chief Engineer of Water Utilities. 01800-1 01/15/02 I II PART 2 PART 3 PRODUCTS Not Used. EXECUTION Not Used. END OF SECTION Clearwell Domes 01800-2 01/15/02 SECTION 01900 FACILITY DECOMMISSIONING PART 1 GENERAL 1.01 FACILITY DECOMMISSIONING A. This facility shall be in service during construction. B. In the event of an emergency repair to the facility all construction shall be halted and any materials shall be relocated upon request. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION Clearwell Domes,- ._ - __ _ _ 01900-1 _ ___ __ 01/15/02 _ ___ SECTION 05051 BASIC METAL MATERIALS AND METHODS PART 1 GENERAL 1.01 REFERENCES A. This section establishes minimum criteria for materials used in the erection of a column supported aluminum roof for rectangular potable water storage tank with all appurtenances as indicated on the contract drawings and in conformance with the following specifications. B. The following codes and standards form a part of this section to the extent specified herein: 1. ASTM C509 Standard Specifications for Cellular Elastomeric Preformed Gaskets and Sealing Material 2. Aluminum Association Specifications for Aluminum Structures 3. Aluminum Association Aluminum Standards and Data 4. ASCE 8-90 Specifications for the Design of Cold -Formed Stainless Steel Structural Members 5. ASTM F 593 Standard Specification for Stainless Steel Bolts 6. AASHTO Division 2 Section 25 Elastomeric Bearings 7. Federal Specification TT-S-00230C PART 2 PRODUCTS 2.01 MATERIALS A. All materials furnished to meet the provisions of this section shall be new and shall comply with all the requirements of this section. All aluminum alloys, properties, and tolerances shall be as defined by the Aluminum Association's Aluminum Standards and Data. B. Support Frame Members: 6061-T6 aluminum. C. Closure panels: 0.040" nominal thickness, 3004-aluminum sheet, Reynolds V- beam sheet stucco embossed, or equal. D. Columns: Reinforced concrete, steel, or stainless steel as specified in the drawings. Clearwell Domes 05051-1 01/15/02 E. Shipping and handling: 1. Materials shall be handled, shipped, and stored in a manner that will not damage the surface of aluminum or the surface coating of steel. !.02 METAL FASTENINGS A. Fasteners: 7075-T73 anodized aluminum or austenitic series 300 stainless steel as required by the manufacturer's design. B. Expansion Anchor Bolts: Austenitic series 300 stainless steel. PART 3 EXECUTION Not Used. END OF SECTION Clearwell Domes 05051-2 01/15/02 SECTION 07050 BASIC THERMAL AND MOISTURE PROTECTION MATERIALS AND MAINTENANCE PART 1 GENERAL 1.01 SEALANT A. Sealant shall remain flexible over a temperature range of -80°F to +300°F (-62°C to + 148°C) without tearing, cracking, or becoming brittle. Elongation, tensile strength, hardness, and adhesion shall not change significantly with aging, exposure to ozone, ultraviolet light, or vapors from the water stored in the tank. 1.02 ROOF ACCESSORIES A. V-Beam roof shall have a continuous ridge vent. B. Vent shall be covered with a suitable screen or membrane to prevent the entrance of birds and insects. PART 2 PRODUCTS 2.01 SEALANT A. Silicone compound conforming to Federal Specification TT-S-00230 as manufactured by Pecora, or equal. 2.02 GASKETS A. Silicone conforming to Federal Specification ZZ-R-765, Class 2, Grade 50 as manufactured by General Electric, 5E-44/88, or equal. 2.03 RIDGE VENT A. Shall be constructed of 6061-T6, 5086-H34 aluminum, .090" nominal thickness. 2.04 BIRD AND INSECT SCREEN A. As per TNRCC regulations, 290.43(c)(1), the vent shall be installed in strict accordance with current AWWA Standards and shall be equipped with approved screen to prevent entry of animals, birds, insects, and heavy air contaminants. Screen shall be fabricated of corrosion -resistant material and shall be 16-Mesh or finer. Screen shall be securely clamped in place with stainless or galvanized bands or wires and shall be designed to withstand winds of not less than tank design criteria. Clearwell Domes 07050-1 01/15/02 e PART 3 EXECUTION 3.01 SHELL SEAL A. The seal between the tank wall and roof need not be airtight. The bottom of the roof flashing shall extend at least 2 in. (51 mm) below the top of the supporting structure. The space between the flashing and tank shell shall be covered with a suitable screen or membrane to prevent the entrance of birds and insects. 3.02 JOINT SEALANTS A. All overlapping roof panels shall be sealed using approved silicone compound. END OF SECTION Clearwell Domes 07050-2 01/15/02 SECTION 08120 BASIC DOOR AND WINDOW MATERIALS AND METHODS PART 1 GENERAL 1.01 ALUMINUM DOORS AND FRAME A. Standard entrance doors and frames, size conforming to all local building codes. 1.02 HARDWARE A. inish shall be standard finish for the product. All products finishes shall match. All exposed surfaces, machine screws, bolts, or nay other exposed item not mentioned shall be finished to match hardware. B. A complete schedule of finish hardware shall be submitted in accordance with the submittal section of these specifications. All hardware provided under this contract shall be listed by opening giving the manufactures name, manufactures number or symbol, finish, and must be approved by the owner before installation. C. Each item of hardware shall be packaged separatley in an individual container complete with screws, keys, special wrenches, instructions, and installation templates necessary for accurately location, setting, and adjusting the attached hardware. Each container shall be marked with the number of the opening to which the hard ware is to be applied. D. The location of hardware items shall be in accordance with DHI "Recommended Locations for Builder's Hardware for Standard Steel Doors and Frames". 1.03 THRESHHOLD A. Special care shall be taken to protect finished surfaces of hardware during installation. Hardware on which the finish has been damaged prior to final acceptance of the work shall be replaced with new hardware at not additional charge to the Owner. PART 2 PRODUCTS 2.01 DOOR A. Door shall be a true flush door 13/a" thick in design manufactured by United States Metals and Manufacturing Corporation Model D9-Heavy Duty Flush Mount Aluminum Door. B. Doors and frame shall be constructed of 6063-TS extrusions, 5005-H14 aluminum face sheets, and 6061-T6 hardware reinforcements. Clearwell Domes 08120-1 01/15/02 PART 3 EXECUTION 3.01 SHELL SEAL A. The seal between the tank wall and roof need not be airtight. The bottom of the roof flashing shall extend at least 2 in. (51 mm) below the top of the supporting structure. The space between the flashing and tank shell'shall be covered with a suitable screen or membrane to prevent the entrance of birds and insects. 3.02 JOINT SEALANTS A. All overlapping roof panels shall be sealed using approved silicone compound. END OF SECTION Clearwell Domes I _ 07050-2 01 / 15/02 SECTION 08120 BASIC DOOR AND WINDOW MATERIALS AND METHODS PART 1 GENERAL 1.01 ALUMINUM DOORS AND FRAME A. Standard entrance doors and frames, size conforming to all local building codes. 1.02 HARDWARE A. inish shall be standard finish for the product. All products finishes shall match. All exposed surfaces, machine screws, bolts, or nay other exposed item not mentioned shall be finished to match hardware. B. A complete schedule of finish hardware shall be submitted in accordance with the submittal section of these specifications. All hardware provided under this contract shall be listed by opening giving the manufactures name, manufactures number or symbol, finish, and must be approved by the owner before installation. C. Each item of hardware shall be packaged separatley in an individual container complete with screws, keys, special wrenches, instructions, and installation templates necessary for accurately location, setting, and adjusting the attached hardware. Each container shall be marked with the number of the opening to which the hard ware is to be applied. D. The location of hardware items shall be in accordance with DHI "Recommended Locations for Builder's Hardware for Standard Steel Doors and Frames". 1.03 THRESHHOLD A. Special care shall be taken to protect finished surfaces of hardware during installation. Hardware on which the finish has been damaged prior to final acceptance of the work shall be replaced with new hardware at not additional charge to the Owner. PART 2 PRODUCTS 2.01 DOOR A. Door shall be a true flush door IY4" thick in design manufactured by United States Metals and Manufacturing Corporation Model D9-Heavy Duty Flush Mount Aluminum Door. B. Doors and frame shall be constructed of 6063-TS extrusions, 5005-H14 aluminum face sheets, and 6061-T6 hardware reinforcements. Clearwell Domes 08120-1 01/15/02 C. They shall be constructed with tubular aluminum jamb and rails and tubular grid sections with smooth face sheets. .90 inch thick. The perimeter of the doors shall not be capped with channel molding nor will perimeter extrusions overlapping the face sheets be accepted. D. All doors and frames shall be completely reinforced for the specified hardware. The reinforcements shall be 6061-T6 aluminum alloy and shall be not less than .250" thickness. Wooden block reinforcements shall not be acceptable. E. Door thickness shall be as follows: 1. Face sheet 090 inches 2. Beveled lock rail edge .125 inches 3. Hinge rail edge .220 inches 4. Internal grid sections .080 inches 5. Hardware reinforcement .250 inches ,t F. At the top and bottom of each door there shall be an internal tubular section with a dimension of 1.57" x 5.50". The doors shall also have an internal grid system comprised of 1.562" x 1.875" tubular sections which shall be positioned horizontally no less than 24" apart. The perimeter of all cutouts (fires, louvers, etc.) shall be reinforced with this section. All internal members shall be anodized for maximum protection. 2.02 DOOR CLOSURE A. Door closures shall be parallel arm mounted inside building with extreme temperature fluid. 2.03 HARDWARE A. Knobs, lockset, and panic exit mechanisms shall be mortise type push bar with stainless steel lever type door handles keyed to match existing water utility locks at the site (see Owner's Representative for key). Sargent 8813 ETL or approved equal. B. Each hardware manufacturer shall deliver to the door and frame manufacturer a template for each item of mortised or surface applied hardware. Each template shall be labeled with the manufacturer's name, hardware item, opening number, and location on the door or frame where the item is to be installed. C. Hinges shall be 5" stainless steel heavy weight and full mortised. Clearwell Domes 08120-2 01/15/02 2.04 DOORSTOP A. Doorstop shall be plunger type. 2.04 FINISH A. Finish shall be Class II 0.4 mil. Clear coat meeting Aluminum Associations . AAM12C22A31. PART 3 EXECUTION 3.01 DOOR A. Doors shall be accurately fitted, securely applied, carefully adjusted, and carefully adjusted in accordance with the manufacture instructions. A. Hardware shall be accurately fitted, securely applied, carefully adjusted, and lubricated in accordance with the manufacture instructions. B. The door hinge and lock rails shall be assembled with the horizontal and vertical grid sections attached with concealed interlocking aluminum channel clips. The clips (.125" min. wall thickness) shall be secured to the jamb rails and shall be secured to the jamb rails by an integral "T" slot on the jamb rails and shall be pinned to the rails with 18-8 stainless steel screws. The grid section shall slip over the clip and shall be permanently attached to the clips with 18-8 stainless steel screws. The face sheet shall be bonded to the rim, grid sections and the insulated core with a thermal -setting .epoxy adhesive. 3.03THRESHOLD A. The ends of the thresholds shall be notched to fit the applicable door frame profile. Thresholds shall be fitted and drilled to receive surface bolts where required. Thresholds shall be anchored to the concrete by means of 5/16-inch diameter stainless steel flat head countersunk machine screws and expansion anchors spaced at 8 inches on centers. Thresholds shall be set in asphalt roofing cement conforming to ASTM D4586, TYPE II or approval equal. 3.04 DOORSTOP A. Doorstop shall be accurately fitted, securely applied, carefully adjusted, and lubricated in accordance with the manufacture instructions. END OF SECTION Clearwell Domes 08120-3 01/15/02 SECTION 13005 SPECIAL CONSTRUCTION PART 1 GENERAL 1.01 CONSTRUCTION A. All construction in the field shall be done using pre -fabricated materials produced off site. B. All construction shall be done according to the manufactures instructions and approved plans. C. No work shall be done prior to owner's approval. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 ERECTION A. The roof shall be erected by the manufacture in accordance with the manufacture's instructions, with mechanics skilled and experienced in the fabrication and erection of aluminum structures, and a qualified supervisor who will remain on the job site until the roof construction is completed shall direct all fieldwork. 3.02 FABRICATION A. All roof parts shall be prefabricated for field assembly. Fabrication procedures shall be in accordance with Sec. 6 of the Aluminum Association's Specifications for Aluminum Structures. B. Field re -fabrication of structural components or panels will not be accepted. Forcing of the structure to achieve fit -up during construction is expressly forbidden and not acceptable. Any indication of improper fit -up of parts shall be immediately reported to the cover fabricator. 3.03 WELDING A. The fabrication and designs of welded aluminum parts shall be in accordance with Sec. 7 of the Aluminum Association's Specifications for Aluminum Structures, and ANSI/AWS D1.2. Clearwell Domes 13005-1 01/15/02 B. All aluminum structural welds and components joined by welding shall be visually inspected and tested by the dye -penetrant method of examination in accordance with ANSUAWS D1.2 Sec. 6.7.5. C. All structural welding of aluminum shall be performed prior to field erecting of the roof structure. D. A full set of satisfactory examination and qualification records shall be delivered to the purchaser, if requested, prior to field erection. 3.04 SEALANT JOINT A. All sealant joints shall be tooled slightly concave after sealant is installed. Care shall be taken to keep sealant confined to the joint in a neat manner. Any sealant applied outside of the joint shall be removed so that the panels will be free from misplaced sealant. All gasket materials shall be continuous, splices will not be allowed. 3.05 HOLE DIAMETERS A. Hole diameters used for fasteners shall not exceed 1/16 in. (0.0156 mm) plus the diameter of the fastener used. END OF SECTION Clearwell Domes 13005-2 01/15/02