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HomeMy WebLinkAboutResolution - 2000-R0329 - Contract - Temcor - Materials & Services, Roofing - 09/13/2000Resolution No. 2000-80329 September 13, 2000 Item No. 43 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 per ITB #00-177 to furnish all materials and services for clearspan aluminum domes and column supported roofs, by and between the City of Lubbock and Temcor of Carson, 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 13th day of September , 2000• 4i WINDY SIT ON, MAYOR ATTEST: , City Secretary VED AS TO CONTENT: 4.� — i�44 Victor Kilman, urchasing Manager APPROVED AS TO FORM: 11 .fit✓iL��— C� /T' ' William de Haas Competition and Contracts Manager/Attomey gs:/ecdocs/Temcor.res September 5, 2000 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK 13th September THIS AGREEMENT, made and entered into this of _, 2000 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Temcor of the City of Carson, County of . Aneles and the State of California hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #00-177 - CLEAR SPAN ALUMINUM DOMES AND COLUMN SUPPORTED ALUMINUM ROOFS - $3,409,000.00 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 the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. Owner's Representative APPROVED AS TO FORM: VE City Attorney ATTE T: Assistant o or to Secretary CONTRACTOR: Tem i r By: PRINTED NAME: C. A. Tourville TITLE: President COMPLETE ADDRESS: TEMCOR 24724 SO. WILMINGTON AVENUE CARSON, CALIFORNIA 90745 CITY OF LUBBOCK SPECIFICATIONS FOR CLEAR SPAN ALUMINUM DOMES AND COLUMN SUPPORTED ALUMINUM ROOFS BID #00-177 ♦ Y Y O G 'oil A �� 11 c CITY OF LUBBOCK Lubbock, Texas City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 hftp://purchasing.ci.lubbock.tx.us ITB #00-177, Addendum #5 ADDENDUM #5 ITB #00-177 Clear Span Aluminum Domes and Column Supported Roofs MAILED TO VENDOR: August 2, 2000 CLOSE DATE August 9, 2000 @ 1:00 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. Please note the following questions received and the corresponding answers: Q1 What is the dimension from the top of the outside wall down to the cut line on the columns for pump station #4 and pump station #10? Al The top of the outside wall to the cut line is 5' at #4 and 8' at #10. Q2 Please provide the detailed as -built drawings of the basins. A2 As built drawings will be made available to the successful bidder. Q3 Is the water source for water testing the domes available at the each location? A3 The City Of Lubbock will make water available at all dome locations for testing. Q4 Are the four vents shown on the drawings on the existing roof? A4 The existing roofs do have ventilation as shown on the drawings. Q5 Is one vent required on the new roof or the four vents shown? A5 The manufacture shall supply 2-24" gravity ventilators to be placed at the discretion of the city. Q6 Is the City responsible for obtaining building permits? A6 The contractor is responsible for obtaining the required permits. Q7 If the general contractor is responsible for obtaining the building permits is there a cost associated with this? A7 There is no cost for the building permits for work done for the city. Q8 What is the lead-time on obtaining building permits? A8 The plans must be reviewed by the City Of Lubbock Building Inspection department. Permits should be issued within a couple of days after review. Q9 On drawing sheet 2 of 8, the fence is indicated as being removed "by others" Is the fence on drawing sheet 8 of 8 also going to be removed "by others". A9 The fence shown on page 2 is a small wooden fence placed on top of the existing roof for esthetics and will be removed be the city. The roof around #10 will be the responsibility of the contractor to remove. Q10 In regards to the above job, we have reviewed Addendum #2, which states that the Sudan #4 and #10 reservoirs shall be in service by the end of February. When can they be taken out of service? Can #4 and #10 be pumped totally down? A10 The #4 and #10 can be taken out of service October 1 St. The Sudan pumps must be back in service as soon as possible. The Contractor can set up a temporary cover for the pumps and electrical to keep out of the elements. Ql l If the existing equipment, except the pumps, are moved at Sudan is there a preferred location for the City? Next to the valve vault (limited space) or across the road? Does the new structure have to match the Chlorine and Ammonia Buildings or is a standard outdoor MCC enclosure acceptable? All The electrical can be moved to an electrical rack with standard outside MCC enclosures placed next to the reservoir. The existing pump building at the Sudan Reservoir has existing fiber optic 00-177ad5.doc I ITB #00-177, Addendum #5 lines, chlorine lines, existing motor controllers that are not weather proof, and a chlorine sampler line. If the existing building is removed the contractor will have to make provisions for a drain and all interior components. The City Of Lubbock will require all wiring and controls back for operation as soon as possible. Q12 Will the City be able to shutoff the overhead power lines at the clear wells? In particular, the Clear wells @ #7? Will we be able to use the parking area west of #7 (City owned but leased to the Putt -Putt course) or the limited area inside the LP&L site next to the east reservoir @ #7?" Al2 LP & L has been contacted in regard to moving the lines and burring some of the secondary feeders, that go over V. This dome may need to be scheduled after LP&L has finished their work. No materials can be placed inside the LP&L area. The parking area leased to Putt -Putt will depend on the amount of room needed, length of storage time, and time of year. The parking located up against the fence can be used until mid March. There is an area behind the batting cages that can be used at anytime. It will be the responsibility of the contractor for security fencing. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to: Or Email to: Laura Ritchie, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2164 Lritchie@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Laura Ritchie Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 00-177ad5.doc City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 hitp://purchasing.ci.lubbock.tx.us ITB #00-177, Addendum #3 ADDENDUM #4 ITB #00-177 Clear Span Aluminum Domes and Column Supported Roofs MAILED TO VENDOR: . July 21, 2000 OLD CLOSE DATE: August 2, 2000 @ 1:00 P.M. NEW CLOSE DATE August 9, 2000 @ 1:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. The bid closing date and time is changed as follows: From August 2,2000 @ 1:00 P.M. To August 9,2000 @1:00 P.M. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to: Or Email to: 00-177ad3.doc Victor Kilman, Purchasing Manager City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2164 Vkilman@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK � UQ-- to Victor Kilman Purchasing Manager PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13" STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 hitp://purchasing.ci.lubbock.tx.us ITB #00-177, Addendum #2 ADDENDUM #3 ITB #00-177 Clear Span Aluminum Domes and Column Supported Roofs MAILED TO VENDOR: July 21, 2000 CLOSE DATE: August 2, 2000 @ 1:00 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 1.4 Qualifications on page 2, Section 2.2 Qualifications on page 15, Section 3.2 Qualifications to Bid on page 19, and Section 4.2 Qualifications to Bid on page 26 of the Standard Specifications are all changed to read: The Contractor may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that the Contractor or his Subcontractor has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The Contractor may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the Contractor's or his Subcontractor's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the Contractor or his Subcontractor to perform the work, and the Contractor 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 Contractor fails to satisfy the City of Lubbock that the Contractor or his Subcontractor is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the Contractor's or his Subcontractor's qualifications shall include: 1. The ability, capacity, skill, and financial resources to perform the work or provide the service required; 2. The ability of the Contractor or his Subcontractor to perform the work or provide the service promptly or within the time specified, without delay or interference; - 3. The character, integrity, reputation, judgment, experience, and efficiency of the Contractor or his Subcontractor; 4. The quality of performance of previous contracts or services. 2. Please note the following questions received and the corresponding answers: Q1. In regards to the above job, we have reviewed Addendums and there is no mention of the pump outside the _a building at the Sudan Pump Station that is used for plant water and tire. It will penetrate the dome unless we are to take it out or include it in the housing of the other pumps. Al. The dome must accommodate the existing pumping arrangement. This includes all pumps in and out of the pump building. Q2. Also at Sudan, the motor control centers may need to be moved. Is there an operational considerations considering a total shutdown or number of pumps that must be in service? A2. The electrical is to be the responsibility of the contractor. The dome roof must provide accommodations for the pumps and electrical, allow for the removal of the pumps through hatches, and permit routine maintenance access to the pumps through hatches, doors, or other means. Q3. A canopy is called out for the pump station. Does it have to enclose the pump station completely if the existing structure is demolished? A3. The pump station is bypassed until 20 MGD is required to meet demand. This dome will need to be constructed before the end of February 2001 and the electrical for the pumps will need to be brought back on as soon as t _3 possible. Q4. Is the existing equipment weatherproof? A4. The existing equipment is not weatherproof. The contractor will be responsible for protecting any equipment exposed to the elements. l 00-177ad2.doc ITB #00-177, Addendum 93 Q5. At Pump Station #4 & #10, are these tanks in operation? If so, is there a time factor in taking them done? A5. The tanks are in service at this time. Water levels are noted in Addendum #2 Question #3. The tanks must be back in service before the end of February 2001. Q6. Once completed, will we be responsible for disinfection at these two sites? A6. The disinfection of the tanks taken out of service will be under this contract. The disinfection process will be done within TNRCC requirements and AWWA standards. Q7. Line Item #1) Adds alternate #5 & alternate #6 - Water Treatment Plant (2.5 million -gallon reservoir) Construction of a V-Beam Roof Systems. Are the existing roofs to be demolished or to remain in place? A7. The roof will remain on the clear well. F All requests for additional information or clarification must be submitted in writing and directed to: Laura Ritchie, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 775-2164 Or Email to: Lritchie@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Laura Ritchie ri Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 00-177ad3.doc i t ITB #00-177, Addendum #2 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 hitp://purchasing.ci.lubbock.tx.us MAILED TO VENDOR: OLD CLOSE DATE: NEW CLOSE DATE: ADDENDUM #2 ITB #00-177 Clear Span Aluminum Domes and Column Supported Roofs July 20, 2000 July 27, 2000 @ 4:00 P.M. August 2, 2000 @ 1:00 P.M. r 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 rt remain in effect. 1. The Close Date has changed: i' From: July 27, 2000 @ 4:00 P.M. To: August 2, 2000 @ 1:00 P.M. 2. The letter from Parkhill, Smith and Cooper is only a structural analysis of the existing roofs. The amount of columns required for the roof would be set by the roof manufacturer. The column placement on an existing roof must match - the location of the existing columns. 3. The last sentence of Section 4.1, paragraph 2, is deleted. 4. The first paragraph Section 4.4, titled Leak Testing, is deleted. 5. If a temporary security fence or gate in an existing fence is necessary, it will be the responsibility of the contractor to provide. 6. The roofs that will be removed under this contract are for #4 reservoir and if needed reservoir #10. tt . 7. Please note the following questions received and the corresponding answers: t Q1. Addendum 1; item 10: In paragraph 3, it is stated that the roof column spacing and layout must match the existing concrete column spacing and layout. Based on the report by PSC, does every new roof column have to land on every existing column? Al. The use of existing columns for #3 is required because the existing roof will remain. Contractors do not have to use every column that exists but the placement of columns must match the location of an existing column. The roofs at #4 and #10 will be removed. If more columns are required for these two reservoirs then the contractor must get the footing and column required by the manufacture for the new column approved by the chief engineer before construction can begin. Q2. During the review by PSC, was it determined that the existing concrete roofs could sustain the erection loading? A2. The construction of the domes is up to the contractor. It is up to the contractor to determine if the existing roofs can handle the erection loading. The contractor shall be responsible for any damage done to the existing . reservoir roofs and walls. Ay, Q3. What is the high water level for Pump Station #4? This information will be needed to check the freeboard on the roof as well as to determine if the new posts will be submerged in water. ,. A3. The high water level for #4 is 20ft. The high water level for #10 is 22ft. 00-177ad2.doc ITB #00-177, Addendum #2_ Q4. Will disinfecting of the tanks that have existing roofs removed be under this contractor under another contract? -, A4. Yes, the disinfection of the tanks taken out of service will be under this contract. The Disinfection process will be done within TNRCC requirements and AWWA standards. All requests for additional information or clarification must be submitted in writing and directed to: Laura Ritchie, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 775-2164 Or Email to: I-ritchie@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Laura Ritchie Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 00-177ad2.doc I City of Lubbock PURCHASING DEPARTMENT 'n ROOM L04, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 http://purchasing.ci.lubbock.tx.us ITB #00-177, Addendum #1 ADDENDUM #1 ITB #00-177 Clear Span Aluminum Domes and Column Supported Roofs MAILED TO VENDOR: July 17, 2000 CLOSE DATE: July 27, 2000 @ 4:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Please submit your bid on the enclosed revised Bid Form. Please note the addition of the following items: Alternate #5: Water Treatment Plant (2.5 million -gallon reservoir) construction of a V-Beam Roof System. Alternate #6: Water Treatment Plant (2.5 million -gallon reservoir) construction of a Rectangular Panel Roof System. Please find the enclosed plans that reveal the current structure. 2. Alternate #3 has been changed as follows: Alternate #3: Pump Station #10 (10 million gallon reservoir). Demolition and removal of existing C concrete roof and construction of a V-Beam Roof System. 3. Alternate #4 has been changed as follows: Alternate #4: Pump Station #10 (10 million gallon reservoir). Demolition and removal of existing concrete roof and construction of a Rectangular Panel Roof System. 4. A scheduled site visit will be held on Thursday, July 20, 2000 at 9:00 AM. Interested parties need to meet at 1625 13`h Street, Room 107 prior to 9:00 AM (ask for Lupe Garcia). (' 5. Dome design loads must meet all applicable design load criteria listed in the AWWA D100-96. 6. Design loads for the domes and v-beam roof systems shall be: a. Snow load: The design roof snow load shall be 25psf on the horizontal projected area of the roof. For the portions of the dome with a slope greater than 30^, the design snow allowance may be reduced to zero. No further reduction of the roof snow load is permitted. b. Uniform roof live load: the minimum roof live load is 15 psf. l__; c. Wind load: Design wind pressures to be obtained per AWWA D100-96 section 3.1.4 with a design wind velocity of 100mph. d. Seismic Design: Use seismic zone "0" for design purposes. 7. Aluminum dome and roof fasteners shall be designed with a factor of safety of 2.34 on ultimate strength and 1.65 on yield strength. 8. All stainless steel dome and roof fasteners shall be designed with a factor of safety of 3 on ultimate strength. e, 00-177ad1.doc ITB #00-177, Addendum #1 9. The following information is in regard to the work required at the Sudan pump station: The five-(5) million -gallon reservoir at the Sudan pump station has an existing pump building located on the roof of the reservoir. The domed roof must be able to accommodate the existing pumping arrangement in the pump building. The existing pump building is 36' x 16' and 10 ' tall. The pump building sits sites approximately 10' on the roof and the remaining 6' is cantilevered out. There are 3 pumps and electrical inside the building. The dome roof must provide accommodations for the pumps and electrical, allow for the removal of the pumps through hatches, and permit routine maintenance access to the pumps through hatches, doors, or other means. If the pump house is to be removed to accommodate the domed roof, the demolition of the building and moving the electrical will be the responsibility of the contractor. The pump house slab must remain. The accommodations for the pump house and or pumps shall be accomplished without interrupting the domes tension ring, which must remain continuous around the entire tank. 10. The following information is in regard to the v-beam roof: The V-Beam roof shall be gable roofs with the ridge running in the direction of the longest basin dimension. The roof shall have a minimum of four (4) ft tall vertical sides. The minimum roof slope shall be 1" in 12' to the ridge line. The gable end walls will therefore be four (4) tall at their edges and taper up with the roof slope to the ridge line. The roof column spacing and layout must match the existing concrete column spacing and layout. The cover provider must provide the roof loading reactions to the columns and outer tank wall. Full consideration must be given to the design of the roof framing system to accommodate the lateral wind forces in addition to all vertical loads. Any column which will be completely isolated from the water my nature of landing on top of the existing concrete roof which remains may be 6061-T6- Aluminum. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to: Or Email to: Laura Ritchie, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2164 Lritchie@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Laura Ritchie Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 00-177ad1.doc S BID SUBMITTAL LUMP SUM BID CONTRACT DATE: ITB #00-177, Addendum #1 PROJECT NUMBER: #00-177 - CLEAR SPAN ALUMINUM DOMES AND COLUMN SUPPORTED ALUMINUM ROOFS (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a 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. ITEM #1 Pump Station #3 (5 million gallon reservoir) Construction of a V-Beam Roof System i_ MATERIALS: ($ ) SERVICES: ($ ) TOTAL BID (ITEM 1) ($ ) ITEM #2 Pump Station #4 (10 million gallon reservoir) Demolition of existing concrete roof and construction of a V-Beam Roof System , MATERIALS: SERVICES: TOTAL BID (ITEM 2) ($ ) ITEM #3 Pump Station #6 (2 million gallon reservoir) Construction of an Aluminum Dome Roof 3 MATERIALS: ($ ) SERVICES: ($ ) 1. TOTAL BID (ITEM 3) ($ ) I 00-177ad1.doc i ITB #00-177, Addendum #1 ITEM #4 Pump Station #7 (2 million gallon reservoir) Construction of an Aluminum Dome Roof MATERIALS: ($ SERVICES: ($ ) TOTAL BID (ITEM 4) ($ ) ITEM #5 Pump Station #7 (5 million gallon reservoir) Construction of an Aluminum Dome Roof MATERIALS: SERVICES: ($ ) TOTAL BID (ITEM 5 ITEM #6 Pump Station #8 (5 million gallon reservoir) Construction of an Aluminum Dome Roof MATERIALS: SERVICES: ($ ) X TOTAL BID (ITEM l %' - ITEM #7 Sudan Pump Station (5 million gallon reservoir) Construction of an Aluminum Dome Roof MATERIALS: ($ SERVICES: ($ TOTAL BID (ITEM 7 MATERIALS: ($ SERVICES: ($ v TOTAL BID (ITEMS 1-7) ($ t ALTERNATE BID #1 Pump Station #3 (5 million gallon reservoir) Construction of a Rectangular Panel Roof System. Add/Delete to Item #1. MATERIALS: ($ ) SERVICES: ($ ) TOTAL ALTERNATE BID #1: ($ ) 00-177ad1.doc i_ ; ITB #00-177, Addendum #1 ALTERNATE BID #2 Pump Station #4 (10 million gallon reservoir) Demolition of existing concrete roof and construction of a Rectangular Panel Roof System. Add/Delete to Item #2. MATERIALS: ($ ) SERVICES: ($ ) TOTAL ALTERNATE BID #2: ($ ) ALTERNATE BID #3 Pump Station #10 (10 million gallon reservoir) Demolition and removal of existing concrete roof and construction of a V-Beam Roof System MATERIALS: ($ ) SERVICES: ($ ) I- TOTAL ALTERNATE BID #3: ($ ) ALTERNATE BID #4 Pump Station #10 (10 million gallon reservoir) Demolition and removal of existing concrete roof and construction of a Rectangular Panel Roof System. MATERIALS: ($ ) SERVICES: ($ ) TOTAL ALTERNATE BID #4 ($ ) ALTERNATE BID #5 Water Treatment Plant (2.5 million -gallon reservoir) Construction of a V-Beam Roof System. MATERIALS: ($ ) SERVICES: ($ ) TOTAL ALTERNATE BID #5 ($ ) ALTERNATE BID #6 Water Treatment Plant (2.5 million gallon reservoir) Construction of a Rectangular Panel Roof System. MATERIALS: ($ ) SERVICES: ($ } TOTAL ALTERNATE BID #6 ($ (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 00-177ad1.doc ITB #00-177, Addendum #1 Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 365 (THREE HUNDRED SIXTY FIVE) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby - further agrees to pay to Owner as liquidated damages the sum of $500.00 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 21 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable i without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Dollars ($ J, which 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 ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. 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 Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: 00-177ad1.doc Authorized Signature (Printed or Typed Name) Company Address City, County State Telephone: - Fax: - Zip Code Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date M/WBE Firm: ITB #00-177, Addendum #1 Woman Black American Native American Hispanic Asian Pacific American Other (Specify) American ITB #00-177, Addendum #1 LIST OF SUBCONTRACTORS Minority Ownd Yes No 0 El 0 0 El El 0 0 El 11 0 0 0 0 0 0 0 0 El 0 i 00477adl.doc I ITB #00-177, Addendum #1 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal i_ I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. Contractor (Signature) Contractor (Print) CONTRACTOR'S NAME: (Print or Type ) CONTRACTOR'S ADDRES Name of Agent/Broker: Address of Agent/Broker: City/State/Zip: _= Agent/Broker Telephone Number: ( Date: 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 Citv of Lubbock at (806) 775-2165. BID #00-177 - CLEAR SPAN ALUMINUM DOMES AND COLUMN SUPPORTED ALUMINUM ROOFS 00-177ad1.doc CITY OF LUBBOCK �\ INVITATION TO BID FOR TITLE: CLEAR SPAN ALUMINUM DOMES AND COLUMN SUPPORTED ALUMINUM ROOFS ADDRESS: LUBBOCK, TEXAS \\ BID NUMBER: 00-177 PROJECT NUMBER: 223.9567.9241 CONTRACT PREPARED BY: PURCHASING DEPARTMENT 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS NOTICE TO BIDDERS ii NOTICE TO BIDDERS BID #00-177 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 4:00 o'clock p.m. on the 27th day of July. 2000, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "CLEAR SPAN ALUMINUM DOMES AND COLUMN SUPPORTED ALUMINUM ROOFS" i After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 24th day of August, 2000, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or su erior. 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 l_ guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a pre -bid conference on 13th day of July, 2000 at 11:00 o'clock a.m., in the Purchasing Conference Room L04, Lubbock, Texas. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775- 2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK V 6&A f&M*1_ VICTOR KILM6N PURCHASING MANAGER Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street, Room L-04, Lubbock, Texas 79401; Telephone (806) 775-2167/Fax (806) 775-2164. GENERAL INSTRUCTIONS TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS SCOPE OF WORK The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the CLEAR SPAN ALUMINUM DOMES AND COLUMN SUPPORTED ALUMINUM ROOFS. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 3. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. BIDDER INQUIRIES No bidder shall request any information verbally. All written requests for additional information or clarification concerning this bid must be addressed to: LAURA RITCHIE SENIOR BUYER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 FAX (806) 775-2164 Email: LRitchie@mail.ci.lubbock.tx.us 5. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within THREE HUNDRED SIXTY FIVE (365) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. 6. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 7. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 8. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 9. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants the year 2000 calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 10. PLANS FOR THE CONTRACTOR f t<� The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 11. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 12. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 14. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and s:lall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 15. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 16. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 17. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverage's shall be submitted prior to contract execution. The insurance certificates furnished shall name the City as an additional insured, or in the alternative, mall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. 18. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 19. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 20. PROVISIONS CONCERNING ESCALATION CLAUSES E Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 21. PREPARATION FOR BID The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Bid for (description of the project). Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 22. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 23. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: 1. The ability, capacity, skill, and financial resources to perform the work or provide the service required. 2. The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. 3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder. 4. The quality of performance of previous contracts or services. 6 BID SUBMITTAL BID SUBMITTAL LUMP SUM 810 CONTRACT DATE: August 7, 2000 ITB #00-177. Addendum #t PROJECT NUMBER: #00-177 - CLEAR SPAN ALUMINUM DOMES AND COLUMN SUPPORTED ALUMINUM ROOFS Bid of Temcor (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a clear span aluminum domes and column supported aluminum roofs #00-177. 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. ITEM #1 Pump Station #3 (5 million gallon reservoir) Construction of a V-Beam Roof System MATERIALS:Four hundred forty five thousand dollars ($ 445,000.00 ) SERVICES -Two hundred twenty four thousand dollars ($ 224,000.00 ) TOTAL BID (ITEM 1) Six hundred sixty nine thousand dollars ($ 669,000.00 ) ITEM #2 Pump Station #4 (10 million gallon reservoir) Demolition of existing concrete roof and construction of a V-Beam Roof System MATERIALS: Six hundred one thousand dollars (g 601,000.00 ) _ SERVICES: # (00o pbb (S ° L r� ) TOTAL BiD (ITENJ 2) ( , �( 2.D1 006 1 I T `-M M3 Pump Station K6 ;2 million gallon reservoir) Construction of an Aluminum Dome Roof N1,\T�=R:ALS: One hundred ten thousand dollars (S 1101000.00 S=R`�iCE Fourty seven thousand dollars IS 47.000.00 TOTAL 610 (1TEIM 3) _ One hundred fif ty seven thousand dollars tS 157, 000.00 ) ZO'd L089 6VS OZ£ 110OW31 VOZ = 01 00-60-6nd No Text ITS #00-177. Addendum ,l ITEM #4 Pump Station #7 (2 million gallon reservoir) Construction of an Aluminum Dome Roof MATERIALS: One hundred ten thousand dollars ($ 110,000.00 SERVICES: Forty seven thousand dollars ($ 47,000.00 TOTAL BID (ITEM 4) One hundred fifty seven thousand dollars ($ 157,000.00 ) ITEM #5 Pump Station #7 (5 million gallon reservoir) Construction of an Aluminum Dome Roof MATERIALS: Two hundred ninety thousand dollars ($ 290,000.00 ) SERVICES: One hundred one thousand dollars ($ 101,000.00 ) TOTAL 810 (ITEM 5) Three hundred ninety one thousand dollars ($ 391,000.00 ) ITEM #6 Pump Station #8 (5 million gallon reservoir) Construction of an Aluminum Dome Roof MATERIALS: Two hundred' ninety thou and dollars ($ 290,000.00 ) SERVICES: one hundred one thousan dollars ($ 101,000.00 TOTAL BIO (ITEM 6) Three hundred niner� �*+e thousand dollars ($ 391,000.00 ) ITEM #7 Sudan Pump Station (5 million gallon reservoir) Construction of an Aluminum Dome Roof MATERIALS: Three hundred forty thousand dollars ($ 340,000.00 - SERVICES: One hundred three thousand dollars ($ 103,000.00 ) TOTAL BID (ITEM 7) Four hundred forty three thousand dollars ($ 443,000.00 MATERIALS: Two million one hundred ei ),t si th SERVICES y x ousand dollars($ 2,too,000.00 ) 0ne Ott* AILL4 .41 tt10 NtW�t)Tfal;,�rY V Ada 00GtA0 ( �,ZZ3,Duo� TOTAL BID (ITEMS 1-7)7 Mlt.ltON »uR lh '*fl N "�aiZ'ars # -V IU►d __ ,-. = ALTERNATE BID T1 Pump Station #3 (5 million gallon reservoir) Construction of a Rectangular Panel Roof System. Add/Delete to Item #1. MATERIALS- (S SER`V !C-=S. ($ No BID TOTAL AUMEORNATE BID #1: "C-177a,:1 zcc NO BID ) L089 6V9 Oi£ ZI00W31 V03 = OZ 00-60-6ndr No Text q ITB #00.177. Addendum #1 ALTERNATE BID #2 Pump Station #4 (10 million gallon reservoir) Demolition of existing concrete roof and construction of a Rectangular Panel Roof System. Add/Delete to Item #2. MATERIALS: ($ NO BID[A I ) SERVICES: ($ NO BID ) TOTAL ALTERNATE BID #2: ($ NO BID ALTERNATE BID #3 Pump Station #10 (10 million gallon reservoir) Demolition and removal of existing concrete roof and construction of a V-Beam Roof System MATERIALS: _Seven hundr d or y two thousand dollars ($ 742,000.00 --. • u1i111V11 vue i►umurea unirr DNS Mt 4(GNDRAD —7— TOTAL ALTERNATE BID Q. �Wo Nc SAND ALTERNATE BID #4 Pump Station #10 (10 million gallon reservoir) ) Demolition and removal of existing concrete roof and construction of a Rectangular Panel Roof System. i_ MATERIALS: ($ NO BID ) SERVICES: ($ NO BID TOTAL ALTERNATE BID #4 ($ NO BID ) ALTERNATE BID #5 Water Treatment Plant (2.5 million -gallon reservoir) Construction of a V-Beam Roof System. MATERIALS: Three h ,ndrPd forty thousand dollars ($__340,000.00 ,) SERVICES:tbousand dollars onp h,,nir ve ($ 165.000.00 1 TOTAL ALTERNATE BID #5 Five hundred five thousand dollars ($ 505,000.00 ALTERNATE BID #6 Water Treatment Plant (2.5 million gallon reservoir) Construction of a Rectangular Panel Roof System. MATERIALS: ($ NO BID ) SERVICES: ($ NO BID ) TOTAL ALTERNATE BID #6 ($ NO BID ) (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 00.177adl .doe s tPO' d L089 6vs Ot£ 2100Wj1 VTZ:OT 00-60-6n H No Text Minority Owned Yes No 1. Art Cuevas CQnstruction. Inc. 0 m 2. 0 0 3. 0 0 4. ------- 0 0 5. 0 0 6. a 0 7. 8. 0 0 9. 0 0 10. 0 0 00-177ad1 doc ZO'd L089 6V5 OTE ZJODW�-L VLC:ol 00-60-6nV No Text ITB #00-177, Addendum #1 Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 365 (THREE HUNDRED SIXTY FIVE) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500.00 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 21 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. I_ The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days -- after the scheduled closing time for receiving bids. I The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for NA Dollars ($ NA ) or a Bid Bond in the sum of 5% of amount bid Dollars ($57 aint.a)d), which 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 ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. 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 the Bid Submittal form prior to bid opening. (Seal if Bidder is a Corporation ATTLST: j s t .Secretary Bidder acknowledges receipt of the following addenda j 00-177ad1.doc I' uthon Ignature G. Clark Margolf, Executive ce Presid4 (Printed or Typed Name) Temcor Company 24724 So. Wilmington Avenue Address Carson Los Angeles City, County CA ,__90745 State Zip Code Telephone: 310 - _549-4311 Fax: 310 - 549-4588 No Text Addenda No. 1 Date 7 / 17 / 2000 Addenda No. 2 Date 7/20/2000 Addenda No. 3 Date 7 / 21 / 2000 Addenda No. 4 Date 7 / 21 / 2000 Addenda No. 5 Date 8/2/2000 MIWBE ' Firm: 00-177ad1.doc ITB #00-177, Addendum #1 Woman Black American Native American Hispanic Asian Pacific American Other (Specify) American C, LIST OF SUBCONTRACTORS Minority Owned Yes No 0 0 2. 0 0 3. 0 0 4. 0 0 5. 0 0 6. 0 0 7. 0 0 8. 0 0 9. 0 0 10. 0 0 /\ 00-177adi.doc (\ ITB #00-177, Addendum #1 No Text ITB #00-177, Addendum #1 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. G. Clark Margolf, Executive Vice President 4ont4ra�ic't r (Signatu Contractor (Print) CONTRACTOR'S NAME: Temcor (Print or Type ) CONTRACTOR'S ADDRESS:24724 So. Wilmington Avenue Carson, CA 90745 Attn: Ms. Peggy L. Drew, Vice President Name of Agent/Broker: Marsh & Company Address of Agent/Broker: 777 Figueroa Street City/State/Zip: Los Angeles, CA 90017-5822 Agent/Broker Telephone Number: ( 213 Date: August 8, 2000 )346-5243 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. BID #00-177 - CLEAR SPAN ALUMINUM DOMES AND COLUMN SUPPORTED ALUMINUM ROOFS 00-177ad1.doc No Text L CHUBS CHURE�JROUP OF INSURAN&c COMPANIES 15 Mountain View Road, P.O. Box 1615. Warren. NJ 07061-1615 AIA DOCUMENT A310 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Temcor (Here insert full name and address or legal title of Contractor) 24724 S. Wilmington Avenue, Carson, CA 90745 as Principal, hereinafter called Principal, and Federal Insurance Company (Here Insert full name and address or legal title of Surety) 801 South Figueroa Street, 23rd Fl., Los Angeles, CA 90017 a corporation duly organized under the laws of the State of Indiana as Surety, hereinafter called Surety, are held and firmly bound unto City of Lubbock, Texas Municipal Building, 1625 13th Street (Here insert full name and address or legal title of Owner) asbOblige'e, hereinafter 0called Obligee, in the sum of ------Five Percent of Total Amount Bid --------------------- Dollars ($--5% of Bid ------�, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Clear Span Aluminum Domes and Column Supported Aluminum Roofs, Bid # 00-177 (Here insert full name, address and description of project NOW, THERFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this (Witness) I. (Witness) 7th day of August 2000 A Temcor ' ncip (Seal) By: G. Clark Ma golf (77t1e x -utiv V ce Presideni Federal Insurance Company By: �89' (Surety) (Seai) B.A. Matson, (77t/e) Attorney -in -Fact Printed in cooperation with the American Institute of Architects (AIA) by the Chubb Group of Insurance Companies. The language in this document conforms exactly to the language used in AIA Document A310 February 1970 edition L( PRINTED form 15-02 0033 4-93) MAJR55830 (8250) us No Text Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road 1 Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 r Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a NewYork corporation, 1 and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Jeffrey Strassner, 1 _ _G T .. f i Cesar F. Javier, Christina Turman, B.A. Matson, Angeles, California------------------------------------------------ ----------------------- each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on fff their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 24th day of April, 2000 Sheryl B. Roberts, Assistant Secretary �Fr nk E. Robertson, V President �J STATE OF NEW JERSEY 1 as. County of Somerset -, on this 24th day of April, 2000 before me, a Notary Public of New Jersey, personally came Sheryl B. Roberts, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Sheryl B. Roberts being by me duty swum, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, [ VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By -Laws of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies be ent of id Companies; sby like authority, and ubscribed to said Power tof Attorney is in the genuine she is acquainted with nhandwriting of Frank Robertsonk E. Robertson, and knows him , and wa thereto subscrriibed by authority ofsaid tBy-Laws and in deponents presethe signature of Frank E. rtnce, Notarial S GN0 R. MICHELH R. Mt3KENNA N0tiry Public, Stitt of Now JV&IY w N O T,fgy No. $$R9841 1 AG C COMM1331" Expires Stilt. 25, 2W �Ntary �Publlc �•/ERSCERTIFICATION Extract from the By -Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: t_ "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President; any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I, Sheryl B. Roberts, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing extract of the By -Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U. S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U. S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and [ ' (Ili) the foregoing Power of Attorney is true, correct and in full force and effect. of August, 2000 Given under my hand and seals of said Companies at Warren, NJ this Y L a� 00 arc o�rorv�°�!s/} �;02 *_ U' i T x �( V' T * ��I f l ��tiy * 44`•5� M V U �NOlot, K7S t15��' SEW Yheryl B. Roberts, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Talenhone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com No Text CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On August 7, 2000 before me, Marina Tapia, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC - personally appeared B.A. Matson NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized Ca aClt I@S y cap Y( ), and that b his/her/their ZT;oz,z.*.�,,C:om�mission#�12064�W NotaryPublic-California signature(s) on the instrument the person(s), IIMAngeles county or the entityon behalf of which the MyComm.6aoitesl�eC3t,2002 upon person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL No. 5907 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 this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 „. ........, � ,..,.., �, ,„, ,�..�.. .m..., �. .�,� �..._,, �.._, _.,., _�. LL ....s �.._.._.: C..�:W C_W C.� � "� �__.._...w AI_w........� �.d PAYMENT BOND j to q f- Bond No. 8143-49-39 Executed in Quintuplicate i STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) KNOW ALL MEN BY THESE PRESENTS, that Temcor Principal(s), and Federal Insurance Compan (hereinafter called the Principal(s), as (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 $ 3 , 409 , 000.00 Dollars ($ . 409 - 000 _) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successorsend assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 24 th day of August- , 20 00 , to Bid #00-177 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. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH; that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of 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 18th day of September 20 00- . Federal Insurance Company Surety *By: ._ (Title) B.A. Matson, Attorney -in -Fact TPmnnr (Company Name) By. C. E. Miller (Prin N e) (Signature) _ Chairman of the Board -- (Title) No Text The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Kevin Dunn *** 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. Federal Insurance Company Surety i_ * By:c (Title) B.A. Matson t Attorney—in-Fac-t Approved as to form: City of Lubbock By: City Mtorney,, * 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. Kevin Dunn The InWest Group 8200 A. Nashville, Suite 201 P.O. Box 53910 Lubbock, TX 79453 t i } y( S t i, r I E 2 I I No Text Chubb POWER Federal Insurance Company Attn: Surety Department KIOF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, r and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Jeffrey Strassner, Cesar F. Javier, Christina Turman, B.A. Matson, Marina Tapia and Brenda Wong of Los t Angeles, California ------------------------------------------------------------------------ each as their true and lawful Attomey-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 24th day of April, 2000 Sheryl B. Roberts, Assistant Secretary �Fjink E. Robertson, V& President STATE OF NEW JERSEY as. County of Somerset On this 24th day of April, 2000 before me, a Notary Public of New Jersey, personally came Sheryl B. Roberts, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Sheryl B. Roberts being by me duly swom, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By -Laws of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Frank E. Robertson, and knows him to be Vice President of said Companies; and that the signature of Frank E. Robertson, subscribed to said Power of Attorney is in the genuine handwriting of Frank E. Robertson, and was thereto subscribed by authority of said By -Laws and in deponents presence. Notarial Se R.,y MICHELE R, MCKENNA i O T49 Notary Public, Stab of Now Jofaay No, 2220941 ti AV8LIc + Commisston Exolraa S®pt. 2S, 2004 *Ntary Public JERSCERTIFICATION Extract from the By -Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the I Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their L respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of L attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon th1 Company with respect to any bond or _ undertaking to which it is attached." I, Sheryl B. Roberts, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing extract of the By -Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U. S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U. S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. fGiven under my hand and seals of said Companies at Warren, NJ this 18th day of September, 2000 t Wiry. NO �O101 T �1SI+Nr� *'f'FW i Sheryl 6. Roberts, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com Form 15-10-0225-A (Ed. 4-99) CONSENT No Text i �t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On September 18, 2000 before me, Marina Tapia, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared B.A. Matson NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the MARINATAPlA person(s) acted, executed the instrument. t Commission # 120b435 Z Notary Public - Colifomia Los Angeles County WITNESS my hand and official seal. MYCOmm. Bores Dec31, 2= } SIGNATURE OF NOTARY t OPTIONAL No. 5907 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 this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT 'TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 No Text PERFORMANCE BOND BOND CHECK l` BEST RATING UICENS41D N TEXAS DA BY W ---- Bond No. 8143-49-39 Executed in Quintuplicate 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 Temcor (hereinafter called the Principal(s), as Principal(s), and Federal Insurance Company S_ (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the z' Obligee), in the amount of $3 , 409 , 000.00 Dollars ($3 , 409 , 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 24 day of August , 2000, to Clear Span Aluminum Domes and Column Supported Aluminum Roofs. __ Bid #00-177 _.' 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 faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; i 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 i 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 18th day of September , 20 00 . Federal Insurance Company Temcor Surety (Company Name) * By: By: C . E . Miller t (Title) B.A. Matson, Attorney -In -Fact (P"d� (Signatu e) Chairman of the Board (Title) No Text The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Kevin Dunn *** 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. Federal Insurance Company Surety �II By: �^ (Title) B . A . Matson Attorney —in -Fact Approved as to form: I City of Lubbo By: i(rt.. { City Attorney, " Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. *** Kevin Dunn The InWest Group 8200 A Nashville, Suite 201 P.O. Box 53910 Lubbock, TX 79453 2 No Text Chubb POWER Federal Insurance Company Attn: Surety Department JUOF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a NewYork corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Jeffrey Strassner, Cesar F. Javier, Christina Turman, B.A. Matson, Marina Tapia and Brenda Wong of Los Angeles, California ------------------------------------------------------------------------- each as their true and lawful Attomey-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on Ctheir behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or ' executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each J executed and attested these presents and affixed their corporate seals on this 24th day of April, 2000 Sheryl B. Roberts, Assistant Secretary �Fr nk E. Robertson; V e President 1 STATE OF NEW JERSEY ss. County of Somerset { On this 24th day of April, 2000 before me, a Notary Public of New Jersey, personally came Sheryl B. Roberts, to me known to t be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Sheryl B. Roberts being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attomey are such corporate seals and were thereto affixed by authority of the By -Laws of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Frank E. Robertson, and knows him to be Vice President of said Companies; and that the signature of Frank E. Robertson, subscribed to said Power of Attorney is in the genuine handwriting of Frank E. Robertson, and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notarial S oN�� A M MICHELE R. McKENNA , t30�q Notary Public,No, �R9of Now AnIlly Ave1.IC + Commission ExDima S®pt. 25, am *Ntary Public L y 'dERgEr CERTIFICATION Extract from the By -Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: ( "AIL powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the i Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their l respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys-in-Fact for j( purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of L attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I, Sheryl B. Roberts, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (1) the foregoing extract of the By -Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U. S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U. S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ ft wily }3 ��IAt3 S N W Y� this 18th dayof September, 2000 heryl 6. Roberts, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety Ochubb.com Form 15-10-OM-A (Ed. 4-99) CONSENT No Text CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On September 18, 2000 before me, Marina Tapia, Notary Public No. 6907 DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared B.A. Matson NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MARINA TAPIA Commission # 120d435 _ No'�P•ibile-Collnty WITNESS my hand and official seal. Los Angus county MY Comm,150res Dec31,2002 JO(� qjtm_t� SIGNATURE O NOTARY 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 this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT 'TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 No Text CERTIFICATE OF INSURANCE 3 `-j CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK P.O. BOX2000 Temcor, A.Corporation. DATE:_ �J27J 00 LUBBOCK, TX 79457 24725 S. Wilmington Ave. Carson, CA 90749 TYPE OF PROJECT: .THIS IS TO CERTIFY THAT CLEF ALUMINUM DOMES of er (Narnethe date of this certificate, insured by this Company with respect to the business operations hereinafter typed of insurance and in described,ar�d_Address accordance with the provisions of the standard policies used by this company,t urthfor tl f tl hereinafter described. Exceptions to standard policy noted hereon. he further TYPE OF INSURANCE AND COLUMN SUPPORTED ALUMINUM POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS A GENERAL LIABILITY DATE DATE Commercial General Liability Claims Made M159522620 12/31/99 •12/31/00 0 Occurrence General Aggregate $ 2 000 000 Products-Comp/Op Owner's &Contractors Protectiv Personal & Adv. Injury s $ 1 Each Occurrence $ny Fire Damage (AFirej one $1,000,0 $ Med Exp (Any one Person) $100, 00 $ AUTOMOTIVE LIABILITY ❑ Any Auto M162357.054 12 3T 9-9 All Owned Autos r] Scheduled Autos Combined Single Limit $ i _ :00 000 Bodily Injury (Per Person) $�_ $ t$ Hired Autos Bodily Injury (Per Accident) :tix Non -Owned Autos Property Damage $ I GARAGE LIABILITY u Any Auto ❑ Auto Only - Each Accident $ Other than Auto Only: F Each Accident $ i ❑ BUILDER'S Aggregate--- --- --- — ( ❑ 100% of the Total Contract Price INSTALLATION FLOATER $ EXCESS LIABILITY $- - -------- Umbrella Form ❑ Other Than Umbrella Form Each Occurrence Aggregate $--- - C WORKERS COMPENSATION AND $ EMPLOYERS' IABILITY WC181674913 LV3.1/9.9 12/31:/00 The Proprietor/ ❑ Included Partners/Executive ❑ Excluded Officers are: Statutory Limits Each Accident $_ 1 000 000 Disease Limit _• OTHER Disease -Each Employee P Y $ � nnn nnn 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 written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE MAST BE SENT TO THE CITY OF LUBBOCK 4NO-mhoftsurer COMPANIES AFFORDING COVERAGE: ��� ^ice A — Transcontinental Insurance Co. Btl B — Valley Forge Insurance Co. Tie:QjVtyt� C — Continental .Casualty Co. �Y^�� � (Arevi nfl< 1 No Text Job Location: City of Lubbock, Texas Job Description: Clear span aluminum domes and column supported aluminum roofs Bid #00-177 Additional insured and waiver of subrogation granted to City of Lubbock, as their respective interests may appear. No Text r CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK Temcor, A Corporation: P.O. BOX2000 24724 S. Wilmington Ave. DATE: 9/27/00 LUBBOCK, TX 79457 Carson, CA 90749 TYPE OF PROJECT: THIS IS TO CERTIFY THAT CLEAR SPAN ALUMINUM DOMES (Name andthe date of this certificate, insured by this Company with respect to the business operations her iAddress of Insured) t al e typed of insurance and in accordance with the provisions of the standard policies used by this company, the further nafter described, or the hereinafter described. Exceptions to standard policy noted hereon. AND COLUMN SUPPORTED ALUMINUM I TYPE OF INSURANCE �OLICYNUMBER EFFECTIVE EFFECTIVE GENERAL LIABILITY DATE DATE ❑ Commercial General Liability Claims Made C G Occurrence P ❑ Owner's & Contractors Protectiv P E $ F $ M AUTOMOTIVE LIABILITY 3 Any Auto All Owned Autos G 7 Scheduled Autos Bi 6 Bc 7 Hired Autos I Non -Owned Autos I Pr 3A1AGE LIABILITY Any Auto i Au Ot BUILDER'S RISK 100% of the Total Contract Pric INSTALLATION FLOATER XCESS LIABILITY Umbrella Form BE7391143 12/31/99 12/31/•00 Ear Other Than Umbrella Form CORKERS COMPENSATION AND WPLOYERS' LIABILITY ie Proprietor/ ❑ Included artners/Executive ❑ Excluded Sta fficers are: Eac Disi Disi THER LIMITS eneral Aggregate $ 'oducts-Comp/Op AGO $ ;rsonal & Adv. Injury $ ach Occurrence $ re Damage (Any one Fire) sd Exp (Any one Person) imbined Single Limit $ dily Injury (Per Person) $ dily Injury (Per Accident) )perty Damage io Only - Each Accident $ ier than Auto Only: =ach Accident $ \ggregate $ h Occurrence ,ggregate utory Limits h Accident ease Policy Limit ease -Each Employee 111 111 $1.1000,000 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 written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE MUST BE SENT TO THE CITY OF LUBBOCK ameeo Insurer COMPANIES AFFORDING COVERAGE By- A-AIU Insurance Company Title:�_/19-.�"' No Text IN I Job Location: City of Lubbock, Texas Job Description: Clear span aluminum domes and column supported aluminum roofs Bid #00-177 Additional insured and waiver of subrogation granted to City of Lubbock, as their respective interests may appear. 4b i CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: 9/18/00 P.O. BOX 2000 LUBBOCK, TX 79457 TYPE OF PROJECT: TEMCOR Builder's Risk THIS IS TO CERTIFY THAT 24724 S. Wilmington Ave., Carson, CA 90745(Name 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. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY ❑ Commercial General Liability General Aggregate $ Claims Made Products-Comp/Op AGG $ G Occurrence Personal & Adv. Injury $ 0 Owner's & Contractors Protectiv, Each Occurrence $ Fire Damage (Any one Fire) Med Exp (Any one Person) AUTOMOTIVE LIABILITY 0 Any Auto Combined Single Limit $ All Owned Autos Bodily Injury (Per Person) $ ❑ Scheduled Autos Bodily Injury (Per Accident) ❑ Hired Autos Property Damage $ D Non -Owned Autos G GARAGE LIABILITY J Any Auto Auto Only - Each Accident $ ❑ Other than Auto Only: Each Accident $ Aggregate $ 9 BUILDER'S RISK - EX 100% of the Total Contract Price $ 3,409,000. 11 INSTALLATION FLOATER $ EXCESS LIABILITY 0 Umbrella Form Each Occurrence $ Aggregate $ 0 Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ 0 Included Statutory Limits Partners/Executive ❑ Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER Builder's Risk MXI 98301006 12/31/99 12/31/00 $3,409,000. 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 written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE MUST BE SENT TO THE CITY OF LUBBOCK Fireman's Fund Insur.apee Company (Name of Insurer) By: Title: Md,cc r7 • /,?.6" UP Job Location: City of Lubbock, Texas Job Description: Erect three (3) 2161 domes Erect two (2) 138' domes Erect one (1) 3821 X 1921 rectangular column supported roof Erect one (1) 300' X 1761 rectangular column supported roof Additional insured and waiver of subrogation granted to City of Lubbock, as their respective interests may appear. tj P U 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 No Text CONTRACT CONTRACTOR CHECKLIST t 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 '�.� \.�....,,.,.J � ,ate ��«� �w �. �� �i+p �,,.,......,,.�.� w.,..�.,«.�„�M .,�..�.�,.. STATE OF TEXAS COUNTY OF LUBBOCK CONTRACT 13th September THIS AGREEMENT, made and entered into this _ of , 2000 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Temcor of the City of Carson, County of Los Angeles and the State of California hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #00-177 - CLEAR SPAN ALUMINUM DOMES AND COLUMN SUPPORTED ALUMINUM ROOFS - $3,409,000.00 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 the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. Owner's Representative APPROVED AS TO FORM: Cit,r A ott rney ATTE T: Assistant Gc; or to Secretary eF t RVA we] / CONTRACTOR: Temcor PRINTED NAME: C. A. Tourville TITLE: President COMPLETE ADDRESS: TEMCOR 24724 SO. WILMINGTON AVENUE CARSON, CALIFORNIA 90745 No Text GENERAL CONDITIONS OF THE AGREEMENT ,, .............. ...... ,.,.,..,..„ ,..., �,„...,....,...,,.� �.��,..,,..�,....,� �...„„,„y �� ..„�. ,,...,.�,� ,m.� �.,...,.., �.,,„,...� � _...., ��, ,,....�; d,,.,.,i � ��� ,�., ���a �,..,.�..,mJ �.�_,....,� GENERAL CONDITIONS OF THE AGREEMENT 11 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. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative CHESTER 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 t inspectors will act for the Owner under the direction of Owner's Representative, but shall.not directly supervise the t Contractor or persons acting on behalf of the Contractor. ( 4. CONTRACT DOCUMENTS l The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder L 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. � J 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. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 0 Im HE 12 CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 9 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. LM� Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. = The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or 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 borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. For bodily injuries, including accidental death and or property damage, $500,000.00 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, $1,000,000.00 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 100% 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 $1,000,000.00 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. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 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 8 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: G (i) aantftate of coverage, prior to the other person beginning work on the project; old (2) amw certificate of coverage showing extension of coverage, prior to the end of the average 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 �s year thereafter, (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after person knew or should have known, of any change that materially affects the provisionof coverage of any person providing services on the project; and (g) contractually vequire each person with whom it contracts to perform as required by paragraphs 4A) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. f 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. , 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. Provffling false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's falhxe to conqAy with any of these provisions is a breach of contract by the Contractor which entities the governmental entity to declare the contract void if the Contractor does not remedy, the each wig"sn ten days after receipt of notice of breach from the governmental entity. 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 Durance requirements, signed by an authorized representative of the insurance company setting (1) The name and addrass of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policyand type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (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 oncertiflcates shall be on the form (or identical copies thereof) contained in the job specifications_ Nosubstitute of nor amendment thereto will be acceptable. 10 Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or an art thereof, or an material brought on the site of the work for use in P Y 9 YP � Y 9 the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, _= in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. ' In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by I 5 E them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative prior to the commencement any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative prior to bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT r_ If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 6 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver.. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. A. General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000.00 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard 7 Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. For bodily injuries, including accidental death and or property damage, $500,000.00 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, $1,000,000.00 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 100% 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 $1,000,000.00 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. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 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 8 (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 project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information 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 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."; (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; LJ 12 , )__j (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 13 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 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 trough embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $500.00 (FIVE HUNDRED DOLLARS) 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. 14 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days r- of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 1, 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 15 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid 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. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 16 I 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any (` such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 17 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. 18 In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 19 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper 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 CURRENT WAGE DETERMINATIONS Item No.v39 J RESOLUTION April 8, 1999 ' WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of j Vernon's Ann. Civ. Art. 5159a; and I' WHEREAS, such wage rates Nvere established by Resolution No. 719 enacted ' February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, further i; updated by Resolution No. 2502 enacted January 8, 1987, further updated by Resolution No. 5721 enacted March 14, 1996, and amended by Resolution No. 6138 enacted December 16, 1998; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: Exhibit A: Building Construction Trades ' Exhibit B: Paving and Highway Construction _ Exhibit C: Overtime Rate Exhibit D: Legal Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this 8th day of April- 9 99. i� WINDY O , MAYORji -- � _I A EST: Kayt i Darnell, City Secretary APPROVED AS TO CONTENT: NI—arv—Anirews, Managing Director of Human Resources APPROVED AS TO FORM: r Amy L s, A istant City Attorney pccdoc ubworks.res �' March 25. 1999 EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Floor Installer Glazier Insulator-Piping/Boder Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified Hourly Rate 11.50 12.50 6.25 9.00 12.50 12.50 7.00 11.00 7.00 8.00 11.00 13.75 7.00 9.50 8.50 9.50 10.50 11.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 No Text EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Flagger Form Setter Form Setter -Helper Laborer -General Laborer -Utility Mechanic Mechanic -Helper Power Equipment Operators Asphalt Paving Machine Bulldozer Concrete Paving Machine Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grader Operator Roller Scraper Tractor Truck Driver -Light Truck Driver -Heavy Hourly Rate 9.00 6.00 8.00 7.00 12.00 6.00 7.00 6.25 6.00 6.75 8.00 - 7.00 7.75 F.00 7.75 7.25 8.00 7.25 9.50 6.75 7.25 7.25 6.50 7.00 EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime tin 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. a C` u SPECIFICATIONS Concrete Tank Roof Removal and Replacement with Clear Span Aluminum Domes and Column Supported Aluminum Roofs City Of Lubbock, Texas Water Utilities Department 1.3 Submittals for Review The Contractor shall submit the manufacturer's product data co Crete dm xtures, gr ut,ochemi chemical of this project, such as roof design, formwork accessories, hardener, curing compound, bonding compound, and epoxy bonding system. The Contractor shall review all required components for use in this application to ascertain that all items will function as necessary and as designed. The Contractor shall submit shop drawings indicating the demolition and removal k areas as neededence and the location and construction of barricades, fences and temporary 14 Qualifications Demolition Firm: The company must have a minimum of five years documented experience specializing in performing the demolition work as specified in this document. docume ed Manufacturer: The company must have a minimum a me asyearspecified n this document. experience specializing in the fabrication of clear span alum ocumented ex Erection: The company must have a minimum of five year ndhis document.penence specializing in the erection of clear span aluminum domes as specified The companies must submit evidence at the time and a clolumn suppittal of the manufacture and orted aluminum roof. The construction of a clear span aluminum dome roof roofs must be in satisfactory service for a period of not less than five years with dimensions equal or larger than the units specified. Upon request of the Owner's Representative, references shall be made available. 1.5 Acceptable Manufacturers CLEAR SPAN ALUMINUM COVER Conservatek Industries, Inc. Conroe, TX 75503 409-539-1747 Temcor Carson, CA 90745 800-421-2263 2 1.6 Schedule of Products Prepare a complete schedule of major products used, including the following for each product: Manufacturer's name. Brand or trade name. Model number, if applicable. Reference standard, if more than one is applicable. Arrange products in the schedule by specification sections; indicate paragraph where specified. Prepare and submit a preliminary schedule within 30 days after award of contract; resubmit when revised; submit final schedule prior to final payment. Schedule of products shall not be used to obtain approval of substitute products. The Contractor shall make a separate request for product substitution. 1.7 Material Delivery, Storage, and Handling Materials of each type shall be obtained from same source for the entire project. Require suppliers to package finished products in a manner which will protect the material form damage during shipping, handling, and storage. 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. Provide adequate equipment and personnel to handle products by methods that prevent damage. The Contractor shall provide, where necessary, additional protection to products and materials during handling to prevent damage. The Contractor is responsible for lifting large and heavy components at designated lift points only. DELIVERY AND RECEIVING: 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, 3 improper or illegible labeling, and noncompliance with requirements of contract documents and approved submittals. 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. ALLOWABLE STORAGE AREAS: No indoor storage areas are available on site, and no off - site storage will be approved. GENERAL STORAGE PROCEDURES: 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 damage to the stored products and to the 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. EXTERIOR STORAGE: 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. 1.8 Construction Schedule The Contractor shall be completed with all phases of this project by June 29, 2001. Each bidder shall submit a schedule indicating the sequence of all the construction activities to be performed. Upon award of the contract, the Construction Schedule will become part of the Contract Documents. 1.9 Notice to Proceed The Contractor is issued a Notice to Proceed following approval of City Council, execution of Contract Documents, and completion of pre -construction meeting. 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. 4 1.10 Quality Assurance All work performed shall be done in accordance with standard building practices. All references to standards, specifications, manuals, or codes of any technical society, organization, or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, or Laws or Regulations in effect at the time of opening of bids except as may be otherwise specifically stated. CODES AND STANDARDS: The Contractor must comply with the contract requirements and standard specifications except where governing codes and governing authorities are more stringent: TESTING AGENCY SERVICES: Employ, at Contractor's expense, an independent testing agency acceptable to the Owner's Representative to perform specified tests and other services required for quality assurance. Testing agency shall meet ASTM E 329 requirements. SOURCE OF MATERIALS: The Contractor is required to obtain materials of each type from same source for the entire project. 1.11 Regulatory Requirements Submit copies of all permits, licenses, and similar permissions obtained, and receipts for fees paid, to the Owner directly. ` 1.12 Access to the Site and Use of the Premises 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. Do not install, or allow installation of signs other than specified sign(s) and signs identifying the principal entities involved in the project. The Contractor shall provide adequate signs to direct visitors at the site. 1.13 Proiect Conditions Do not use tools or equipment that produce harmful levels of noise. Do not use noise -making tools or equipment between 7 pm and 8 am on weekdays, 7 pm to 9 am Saturdays, and all day on Sunday and major holidays. A Prevent infestation of or control rodents and other pests at the project site, adjacent sites and buildings. Provide temporary means of draining roofs where required. 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. Conduct construction operations so that waste of power, water, and fuel is avoided. Provide temporary supports as required to prevent movement and structural failure. Install products only during environmental conditions that will ensure the best possible results. FIRE: 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. 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. Conduct welding operations in manner to prevent fire and comply with local regulations. Keep temporary and permanent fire fighting facilities readily accessible and keep fire fighting routes open. PREVENT ACCIDENTS: The Contractor shall keep the site and adjacent public areas free of hazardous and unsanitary conditions and public nuisances. 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. POLLUTION PREVENTION: 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. 6 Concrete Tank Roof Removal and Replacement with Clear Span Aluminum Domes and Column Supported Aluminum Roofs City Of Lubbock, Texas Water Utilities Department CITY OF LUBBOCK, TEXAS WATER UTILITIES DEPARTMENT STANDARD SPECIFICATIONS FOR CONCRETE TANK ROOF REMOVAL AND REPLACEMENT WITH CLEAR SPAN ALUMINUM DOMES AND COLUMN SUPPORTED ALUMINUM ROOFS 1.0 Summary The City of Lubbock Water Utilities Division is upgrading the existing ground storage tanks. This will include the demolition of the existing roof structures as needed, and the construction of aluminum roofs. The plans and specifications herein included are intended to describe the tanks as they exist for demolition and new roof construction under the contract. Unless otherwise provided, the roof contractor shall furnish all plans required for demolition of the existing roof structures (if needed). The contractor shall furnish all plans, materials, supplies, tools, equipment and labor necessary for the proper execution and completion of the work. Section 1 General Specifications 1.1 General Specifications The following paragraphs give the general specifications on the various materials that are to be used in this project. Information required by the Contractor to complete the project in an acceptable manner is also included in the following paragraphs. 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. All materials shall be subject to the approval of the Chief Engineer of Water Utilities before being used. 1.2 Approved Construction Plans Construction shall be done in accordance with the construction plans provided for this project by the Contractor. A certificate of design will be required with the plans. 1.3 Submittals for Review 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. The Contractor shall review all required components for use in this application to ascertain that all items will function as necessary and as designed. 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. 1.4 Qualifications Demolition Firm: The company must have a minimum of five years documented experience specializing in performing the demolition work as specified in this document. r Manufacturer: The company must have a minimum of five years documented experience 'specializing in the fabrication of clear span aluminum domes as specified in this document. Erection: The company must have a minimum of five years documented experience specializing in the erection of clear span aluminum domes as specified in this document. The companies must submit evidence at the time of submittal of the manufacture and construction of a clear span aluminum dome roof and a column supported aluminum roof. The roofs must be in satisfactory service for a period of not less than five years with dimensions equal or larger than the units specified. Upon request of the Owner's Representative, references shall be made available. 1.5 Acceptable Manufacturers CLEAR SPAN ALUMINUM COVER Conservatek Industries, Inc. Conroe, TX 75503 409-539-1747 Temcor Carson, CA 90745 800-421-2263 E 1.14 Barricades and Safety Measures The Contractor shall, at his own expense, furnish and erect such barricades, fences, lights, and danger signals, and shall take such other precautionary measures for the protection of persons, property and the works as may be necessary. All safety measures shall meet the requirements of The Texas Manual on Uniform Traffic Control Devices. 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 day the Contractor receives the City's certificate of acceptance of the project. Rules and regulations of local, state and Federal authorities regarding safety provisions shall be observed. The Contractor shall limit access to the site to persons involved in the work. 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. 1.15 Protecting the Site: 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 disturbed at his own expense. 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. Whenever work damages existing grassed areas, Contractor shall install sod to match existing. 1.16 Underground and Overhead Utilities and Structure 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 will be required to locate all utility lines, including customer service lines, far enough in advance to make proper provisions for protecting them. The Contractor shall be held responsible for the repair of such structures when broken or otherwise damaged because of carelessness on his part. N THE CONTRACTOR SHALL REPAIR OR REPLACE THE FOLLOWING MATERIALS AT HIS EXPENSE: The Contractor, at the Owner's Representative's discretion, shall repair or replicate at his expense: a Components which do not operate properly. b Surfaces exposed to view that cannot be cleaned to original condition. c Permanent facilities used during construction. d Other deflective work. ACCEPTABLE REPAIR METHODS: a Replacing parts. b Refinishing. c Touching up with matching materials. d Proper adjustment of equipment. e 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. f Restore permanent facilities used during construction to specified condition. 1.22 Cleanup The Contractor shall clean up the site within three 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 apart of the total cost of the project. This work shall be done before final acceptance of the Sub -Unit will be considered. The Contractor shall remove debris from concealed spaces to enclosing the space. The Contractor shall keep the site and the work free of waste materials and debris. The Contractor shall remove waste from site frequently enough to prevent significant accumulations of debris. 10 i The Contractor shall remove waste as necessaryto prevent development of health hazards and p P nuisance odors when the temperature exceeds or is expected to exceed 80 degrees F. The Contractor shall keep hazardous and unsanitary materials in containers separate from other waste. 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. The Contractor shall keep installed work clean and. provide periodic cleaning as required to prevent damage due to soiling. Remove any liquid spills promptly The Contractor shall dispose of debris in a lawful manner. Do not burn or bury debris on the site and do not dispose of volatile wastes in storm or sanitary drains. 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. 1.23 Owner Instruction: The Contractor shall instruct the Owner's Representative in the maintenance of the clear span aluminum domes. 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. 1.24 Final Inspection: Final inspection will be made only after the Contractor certifies in writing that the work is 100% complete. 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 panels/doors (as requested), etc. An inspection report describing incomplete/or unacceptable work will be prepared. This will be reviewed with the Contractor at the project site. After the incomplete or unacceptable work is 100% corrected the Contractor shall so certify in writing to the Owner. 11 r 1.25 Warranty and Acceptance At the completion of all or designated portions of work under construction, an 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. 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. 1.26 Measurement and Payment Payment for demolition (if needed) shall be a lump sum per roof and include demolition, loading, removal, and disposal from site. Payment for dome construction shall be a lump sum per roof and include all labor, materials, and cleanup required by the specifications and as shown on the plans. 1.27 Submittals for Closeout 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 in full. 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. Operations and maintenance data shall be submitted with a description of the system, all inspection data, and a parts list. 1.28 Project Closeout: The following requirements shall be fully completed before the final application for payment will be accepted or approved. Final inspection performed and all corrections made. Submittal of: Maintenance Manual Equipment Warrantees Written Receipt For All Those Items Contractors Affidavit on Closing Job 12 El 1.14 Barricades and Safety Measures The Contractor shall, at his own expense, furnish and erect such barricades, fences, lights, and danger signals, and shall take such other precautionary measures for the protection of persons, property and the works as may be necessary. All safety measures shall meet the requirements of The Texas Manual on Uniform Traffic Control Devices. 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 day the Contractor receives the City's certificate of acceptance of the project. Rules and regulations of local, state and Federal authorities regarding safety provisions shall be observed. The Contractor shall limit access to the site to persons involved in the work. 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. 1.15 Protecting the Site: 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 disturbed at his own expense. 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. Whenever work damages existing grassed areas, Contractor shall install sod to match existing. 1.16 Underground and Overhead Utilities and Structure 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 will be required to locate all utility lines, including customer service lines, far enough in advance to make proper provisions for protecting them. The Contractor shall be held responsible for the repair of such structures when broken or otherwise damaged because of carelessness on his part. 7 The Contractor will not be allowed to disrupt the service on any utility lines except customer service lines, which may be taken out of service for short period of time provided the Contractor obtains permission from the Engineer and from the Owner of the premises being served by the utility. 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. 1.17 General Examination Requirements The Contractor shall prior to performing work, examine the applicable substrates and the conditions under which the work is to be performed. The Contractor shall take corrective action before proceeding if unsafe or otherwise unsatisfactory conditions are encountered. 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 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. 1.18 General Preparation Requirements The Contractor shall take field measurements as required to fit the work properly. The Contractor shall recheck measurements prior to installing each product. 1.19 Inspection All work by the Contractor shall be inspected by the Contractor and a representative of the Water Utilities Engineering Department who shall have the authority to halt construction when, in his opinion, construction is being performed contrary to these specifications or approved plans. 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 0 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. If deficiencies are not corrected, performance shall be required of the Contractor's Surety. 1.20 General Installation Procedures Accurately locate the work and components of the work; make vertical work plumb; make horizontal work level. See sections describing specific parts of the work for additional requirements. Where space is limited, install components to maximize space available for maintenance and to maximize ease of removal for replacement. In finished areas, conceal pipes, ducts, and wiring within the construction, unless otherwise indicated. Coordinate exact locations of fixtures and outlets with finish elements. Install work in such manner and sequence as to preclude, if possible, or at least to minimize cutting and patching. 1.21 Procedures for Correction of Work THE CONTRACTOR SHALL REPLACE THE FOLLOWING MATERIALS AT HIS EXPENSE (REPAIR OF THESE ITEMS IS NOT ACCEPTABLE): The Contractor, at the Owner's Representative's discretion, shall replicate at his expense: a Damaged surfaces exposed to view that cannot be repaired without visible evidence of repair. b Components that cannot be repaired to proper operating condition. c Chipped and broken glass. d Scratched transparent materials. e Scratched reflective surfaces. 9 THE CONTRACTOR SHALL REPAIR OR REPLACE THE FOLLOWING MATERIALS AT HIS EXPENSE: The Contractor, at the Owner's Representative's discretion, shall repair or replicate at his expense: a Components which do not operate properly. b Surfaces exposed to view that cannot be cleaned to original condition. c Permanent facilities used during construction. d Other deflective work. a Replacing parts. b Refinishing. c Touching up with matching materials. d Proper adjustment of equipment. e 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. f Restore permanent facilities used during construction to specified condition. 1.22 Cleanup The Contractor shall clean up the site within three 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 done before final acceptance of the Sub -Unit will be considered. The Contractor shall remove debris from concealed spaces to enclosing the space. The Contractor shall keep the site and the work free of waste materials and debris. The Contractor shall remove waste from site frequently enough to prevent significant accumulations of debris. 10 1.29 Abbreviations 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 1.30 Definitions FURNISH: To supply products to the project site, including delivering ready for unloading and replacing damaged and rejected products. 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, finishing, curing, protecting, cleaning, and similar operations. PROVIDE: To furnish and install products. INDICATED: Shown, noted, scheduled, specified, or drawings, somewhere in the contract documents. UNEXPOSED FINISH: A general -use finish, with no appearance criteria, applicable to all formed concrete concealed from view after completion of construction. EXPOSED FINISH: A general -use finish applicable to all formed concrete exposed to view and including surfaces which may receive a paint coating (if any). CONCEALED SPACES: Spaces that are not accessible after completion of construction. CUTTING: Removal of material by cutting, sawing, drilling, breaking, chipping, grinding, and similar operations, including excavation. 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. DEBRIS: Rubbish, waste materials, litter, volatile waste, and similar materials, with the exception of surplus materials which are to become the property of the Owner. DEMOLISH: To destroy or wreck. 13 FIRE BARRIERS: Any wall, floor, ceiling, or roof that is indicated as having a fire resistance rating. PATCHING: Restoration to completed condition by patching, repairing, refinishing, finishing, filling, closing up, and similar operations. PROTECT: A term used on drawings to indicate that an item requires protection from work. The type of protection will be specified. REINSTALL: a term used on drawings to indicate an existing item has been removed for whatever reason, and will be reinstalled back to its existing location. RELOCATED: A term used on drawings to indicate a existing item that has been removed for whatever reason, to be installed in a new location. REMOVE: A term used on drawings to indicate a specific item to be removed. The item may be refurbished or rejuvenated, reinstalled, relocated, or turned over to the Owner or Contractor. REPLACEMENT: Replace the entire element, surface, or product. 1.31 Contract Conditions 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. 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. Unless otherwise specified, the Contractor shall arrange for all tests, inspections, and approvals to be made and shall pay costs of all tests, inspections, and approvals related costs due to such tests, inspections, and approvals. 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. 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. 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. 14 J The Owner shall pay for tests, inspections, and approvals that become requirements after bids are r received or negotiations concluded, unless noted otherwise. If the Owner gives 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. 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. Unless otherwise indicated, the Contractor shall obtain all certificates of testing, inspection, and approval and shall promptly deliver them to the Owner. Independent 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. Employment of testing agencies, by the Contractor or the Owner, shall not relieve the Contractor of his obligation to perform the work in accordance with the contract documents. Section 2: Building Demolition 2.0 Summary The following paragraphs in this section cover the demolition and removal of designated structures indicated on the drawings or specified. Provisions for the protection of materials and equipment are also included. 2.1 General The following paragraphs in this section give the specifications on the methods of demolition and disposal that are to be used in this project. A certificate from the Contractor may be required, certifying that the demolition and disposal of materials meets the specifications. All demolition and disposal methods shall be subject to the approval of the Chief Engineer of Water Utilities before being used. All references in these specifications shall be the latest revisions. 2.2 Qualifications Demolition Firm: The company must have a minimum of five years documented experience specializing in performing the demolition work as specified in this document. 15 2.3 Regulatory Requirements I The Contractor shall conform to applicable codes for demolition of structures, safety of adjacent structures, dust control, runoff control, and disposal. The Contractor shall be responsible for obtaining the required permits from the proper authorities. The Contractor shall notify all affected utility companies before starting work. The Contractor shall not close or obstruct roadways, sidewalks, or fire hydrants without permission. The Contractor shall conform to applicable regulatory procedures when discovering hazardous or contaminated materials. The contractor shall conform to all applicable regulations and specifications and procedures for cleaning and disinfecting of the reservoir. 2.4 Scheduling The Contractor shall work with the sub -Contractor and the Water Utilities Department to schedule the demolition work to coincide with low water use (typically the fall, winter, and early spring) and delivery of new roof materials. 2.5 Submittals The Contractor shall submit shop drawings indicating location and construction of barricades, fences and temporary work. The Contractor shall submit a schedule for completion. [I The Contractor shall submit shop drawings indicating the demolition and removal process. 2.6 Preparation ki The Contractor shall coordinate with the Water Utilities Division to empty the reservoir and shut it off from the system before demolition of the roof. The Contractor shall provide, erect, and maintain temporary barriers and security devices at I locations as required, including warning signs and lights, and similar measures, for protection of �' the public, Owner, Contractor's employees and existing improvements to remain. , The Contractor shall protect existing landscaping materials, trees, appurtenances, and structures that are not to be demolished. The Contractor is responsible for any damages that may occur to the existing landscape, appurtenances, and structures. The Contractor shall prevent movement or settlement of adjacent structures. Provide bracing and shoring. The Contractor shall mark the location of all utilities. 2.7 Demolition Requirements The Contractor shall conduct demolition in a manner that protects the existing structure to remain. The Contractor shall conduct demolition to minimize interference and damage to adjacent structures. The Contractor shall provide temporary bracing and shoring as required to prevent movement and ensure the safety of the existing structure before cutting columns. The Contractor shall cease operations immediately if remaining or adjacent structures or underground utilities appear to be in danger. Notify the Owner's Representative immediately. Do not resume operations until directed. The Contractor shall conduct operations with minimum interference to public or private access. Maintain egress and access from adjacent structures at all times. The Contractor shall obtain written permission from the adjacent property Owners when demolition equipment will traverse, infringe upon or limit access to their property. The Contractor shall sprinkle work with water to minimize the dust. The Owner shall make water connections available. The Contractor shall dispose of all demolished material at the proper facility, and at the Contractor's expense. Disposal shall be documented. 2.8 Demolition The Contractor shall disconnect, remove or cap any designated utilities within the demolition area(s). The Contractor shall cut the existing columns 16 ` (4' from the bottom of the existing roof) above the floor of tank. The Contractor shall demolish and remove the existing concrete roof slab being careful not to damage the walls and floor of the existing storage tanks. 17 The Contractor shall continuously clean up and remove the demolished materials from site to an approved disposal site. Do not allow the materials to accumulate on the site. The Contractor shall not burn or bury materials on site. The Contractor must leave the site in clean a condition. 2.9 Inspection Prior to beginning demolition, a detailed inspection will be made by the contractor and the Owner's Representative. All demolition work shall be inspected by a representative of the Water Utilities Engineering Department. The inspector shall have the authority to halt demolition when, in his opinion, demolition is being performed contrary to these specifications, approved plans, or when demolition techniques cause damage to the walls or floor of the tank. The Owner's Representative shall inspect the floors and walls remaining and any damage attributed to the demolition shall be repaired at the Contractor's expense. Section 3: CLEAR SPAN ALUMINUM DOME ROOF SPECIFICATIONS 3.0 Summary The following paragraphs in this section cover construction methods and materials of a clear span aluminum dome roof. 3.1 General This section establishes minimum criteria for the fabrication, and erection of structurally supported aluminum doom roof structure(s) for circular concrete potable water storage tanks and appurtenances as required on the contract drawings and specified herein. All requirements of ANSINAWWA D100 shall apply. The dome(s) shall be a spherical structure conforming to the dimensions of the tank. The dome structure shall be a fully triangulated space truss complete with non -corrugated closure panels. The dome shall be clear span and designed to be self-supporting from the tank structure. The dome surface paneling shall be designed as a watertight system under all design load conditions. 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. M 3.2 Qualifications to Bid The dome fabricator must have fabricated and had in satisfactory service for a period of not less than five (5) years at least one clear span aluminum dome roof with a diameter equal to or larger than the units specified. The fabricator shall submit evidence of such with his bid proposal. The dome must be manufactured in a plant that is owned and operated by the company designated as the fabricator. The employees used for such fabrication shall be employees of the fabricator. The dome erector must have installed and had in satisfactory service for a period of not less than five (5) years at least one clear span aluminum dome roof with a diameter equal to or larger than the units specified. The erector shall submit evidence of such with his bid proposal. 3.3 References 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 8. AWWA Standard D100, Section 15: Structurally Supported Aluminum Dome Roofs 3.4 Testing and Sealing Leak testing: 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. Shell Seal: 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 surface. The space between the flashing and tank shell and at the vents shall be covered with a suitable screen. 19 3.5 Warranty and Acceptance At the completion of all or designated portions of work under construction, an 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. 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. 3.6 Scope Of Work The dome contractor shall furnish all labor, materials and equipment required erect the aluminum dome roof(s). The domes shall comply with all specifications, standards, and meet local building codes. 3.7 Shop Drawings, Design Calculations and Submittals Before executing any of the work in this section, calculations and prints or drawings shall be submitted to the Owner showing dimensions, sizes, thickness, gauges, materials, finishes, joint attachment and erection procedures. All materials shall be fabricated and erected in accordance with the approved drawings. Certification shall be submitted upon completion of the project that the specified material alloys, sizes, and quantities have been furnished. The contractor shall submit a "Certificate of Design" with the final approved drawings from the manufactures. I_R 1VMatprialc All materials furnished to meet the provisions of this section shall be new and shall comply with all the requirements of this section and the latest edition of AWWA Standards Section D-100, Structurally Supported Aluminum Dome Roof Materials (section 15.4). All aluminum alloys, properties, and tolerances shall be as defined by the Aluminum Association's Aluminum Standards and Data. Triangulated dome frame struts: AA6061-T6 aluminum. The aluminum structural members shall be a minimum of 6" deep. Structural frame gussets: AA6061-T6 aluminum, 0.375" nominal thickness. RE ki Y Triangular closure panels: 0.050" nominal thickness AA3003-H16 aluminum sheet. Triangular skylight panels, (if specified): nominal thickness of 1/4" thick clear acrylic. Perimeter tension/compression ring: AA6061-T6 aluminum. Fasteners: AA7075-T73 aluminum or austenitic series 300 stainless steel as required by the manufacturer's design. No substitutions allowed. Sealant: Silicone compound conforming to Federal Specification TT-S-00230 as manufactured by Pecora, or equal. Sealant shall remain flexible over a temperature range of —801 F to +3001 F -62° C to + 148 ° C without tearing, cracking, or becoming brittle. Elongation, tensile strength, ( ) g, g g g hardness, and adhesion shall not change significantly with aging, exposure to ozone, ultraviolet light, or vapors from the water stored in the tank. Gaskets: Silicone conforming to Federal Specification ZZ-R-765, Class 2, Grade 50 as manufactured by General Electric, 5E-44/88, Neoprene conforming to ASTM C509; resistant to ozone and shielded from exposure to ultraviolet, or equal. Anchor Bolts: Austenitic Series 300 stainless steel. Access Hatches: AA6061-T6, AA5086-H34 or AA5052-H36 aluminum, 0.090" minimum thickness. Support Bearings: Bearings at the supports shall conform with AASHTO Division 2, Section 25. Acceptable bearing surfaces for sliding bearing are Teflon to stainless steel only. In order to avoid damage to the Teflon and to reduce the coefficient of bearing friction, Teflon shall not bear on aluminum surfaces. 3.9 Principals of Design The roof framing system shall be designed as a moment -resistant, three-dimensional space frame or truss with a membrane covering (roof panels) providing loads along the length of the individual members. The design shall consider the increased compression and minor axis bending induced in the framing members due to the tension in the roof panels. The design loads shall not exceed the allowable buckling loads set forth in AWWA Standards Section 15.5.1. The actual stresses in the framing members and panels under all design load conditions must be equal to or less than the allowable stresses. The structural analysis shall include the effects of geometric irregularities such as dormer openings and perimeter support members. 21 3.10 Roof Attachment Details The structure supports provided to support the aluminum dome roof should be bolted to the tank. The roof shall determine the number of attachment points. The attachment detail shall be suitable to transfer all roof loads to the tank shell, keeping local stresses within allowable limits. The existing roofs will remain. Roof supports: The roof attachment points may incorporate a slide bearing with low -friction bearing pads to minimize the horizontal radial forces transferred to the tank. 3.11 Allowable Stresses Aluminum structural members and their connections shall be designed in accordance with the Aluminum Association's Specifications for Aluminum Structures with the following additions and clarifications. Aluminum Structural Members: For members subjected to axial forces and bending moments due to load eccentricity or lateral loads, the combined member stresses shall be determined by adding the stress component due to axial load to the stress components due to bending in both the major and minor axis. Allowable shell buckling: General shell buckling shall be determined in accordance with the following formula: _ 2258x 106 JIX A w (SF) RZ L Where: w = Allowable load [pressure psf]. Ix = Moment of inertia of strut about the strong axis [in4]. A = Cross sectional area of strut [in2]. R = Spherical radius of dome [in]. L = Average member length [in]. SF = Safety factor (1.65). The allowable buckling pressure shall be guidelines for comparison to the maximum intensities of symmetrical and nonsymmetrical load conditions. Aluminum Panels: Aluminum panels shall be designed to support the loads specified in Section 15.6.3.2 of the AWWA Standards without exceeding the allowable stresses specified in the Aluminum Association's Specifications for Aluminum Structures. Panel attachment fasteners shall not penetrate both panel and flange of the structural member. IY N Bolts and Fasteners: The allowable stress in bolts and fasteners shall be in accordance with the Aluminum Association's Specifications for Aluminum Structures and the AISA Stainless Steel Cold Formed Structural Design Manual for Aluminum and Stainless Steel Bolts, respectively. Hole diameters used for fasteners shall not exceed 1/64 in. (.0156 mm) plus the diameter of the fastener used. 3.12 Design Loads Dome Design Loads: The dome must meet all applicable design load criteria listed in the latest edition of the AWWA Standards. Use 100 mph as a wind speed for design purposes. Use seismic zone "0" for design purposes. Aluminum Panel Loads: The dome frame and skin shall be designed in accordance with the most recent edition of "Specifications for Aluminum Structures" as published by the Aluminum Association. The aluminum panels shall be secured to the dome frame to withstand one of the following vertical loads: 1. Two concentrated loads of 250 pounds each, applied simultaneously on two separate one square foot areas of the panel 2. A distributed load equal to the ground snow load or 60 pounds per square foot over the total panel, whichever is greater. 3.13 Design The roof shall be a dome structure(s) conforming to AWWA Standard D100; Section 15 and conforming to the dimensions of the tank with fully triangulated all aluminum space trusses complete with non -corrugated closure panels. It shall be clear span and designed to be self-supporting from the periphery structure; an integral tension/compression ring shall contain primary horizontal thrust. Design of the tension/compression ring shall be based on the net cross section of the members and shall not include top flange protrusions used for panel attachment, bolt holes, or outstanding legs which are not connected through the joints. Provisions shall be made in the design to allow for thermal expansion of the connection between roof and tank, the dome, and it's parts. A temperature range of -40°F to +140°F shall be taken into consideration. The dead weight of the dome structure shall not exceed 3.5 pounds per square foot of surface area. All metal components of the dome structure shall be aluminum or 300 series stainless steel. No galvanized, painted, or plated steel shall be used anywhere in the dome. Dissimilar materials in the 23 I,' supporting structure shall be isolated from the aluminum dome by means of a compatible i elastomeric gasket. The dome 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 covered, sealed, and firmly clamped with batten bars in an interlocking manner to prevent slipping or disengagement under design load and temperature changes. This batten bar shall also secure a weather seal gasket that shall form a continuous watertight seal along the panel edges The roof framing system shall be designed as a three dimensional truss with moment -resisting joints. The design must consider the increased minor axis bending and compression induced in the framing members due to tension in the roof panels. The structural analysis shall be performed using stiffness analysis models. The structural computer models shall include the effect of geometry irregularities such as dormer openings and perimeter support members. Connection forces shall be transferred through gusset plates connected to the top and bottom Ranges of the beam -struts. The connections shall be designed as moment connections; a minimum of four Huck lockbolt fasteners shall be used to connect the gusset plate to each strut flange. All dome fasteners shall be designed with a safety factor of 2.34 on ultimate strength and 1.65 on yield strength. The design of welded components shall be in accordance with the Aluminum Structural Welding Code ANSUAWS D1.2. The vertical loads transferred from the roof to the tank shall be in -line with the tank wall. The transfer of horizontal loads to the tank shall be minimized by means of low friction slide supports. Radial forces applied to the tank shall not exceed 10% of the vertical reactions. An insulator to prevent galvanic corrosion shall isolate dissimilar metals, which are not compatible. No ferrous metals shall be used anywhere on the dome or structural attachments. 3.14 Fabrication and Erection The dome manufacturer and constructor shall perform the work described herein with qualified supervision, with mechanics skilled and experienced in the fabrication and erection of aluminum structures. The dome shall be erected in accordance with the manufacturer's instructions. A qualified supervisor who will remain on the job site until the dome construction is completed shall direct all fieldwork. 3 �1 24 r 1 Fabrication: 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. Field re -fabrication of structural components or panels will not be accepted. Forcing of the structure n 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 dome fabricator. Welding: 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 ANSUAWS D1.2. 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 ANSI/AWS D1.2, Sec. 6.7.5. All structural welding of aluminum shall be performed prior to field erecting of the dome. A full set of satisfactory examination and qualification records shall be performed prior to field erecting of the dome. A full set of satisfactory examination and qualification records shall be delivered to the Owner, if requested, prior to field erection. Shipping and handling: Materials shall be handled, shipped, and stored in a manner that will not damage the surface of aluminum or the surface coating of steel. Workmanship: The roof shall be installed so as to minimize internal stresses on the structure and to the supports when bolted together. The relocating of holes, trimming, or the application of force to the parts to achieve fit to any component of the roof system is not acceptable. Maintenance and inspection: The roof manufacturer shall provide a maintenance and inspection manual for those items that may require maintenance or periodic inspection. Sealant Joints: 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. 3.15 Aluminum Dome Roof Finish Aluminum dome roofs shall have a mill finish. NOTE: No coatings are to be applied to the interior or exterior surfaces of the dome, either in the manufacturer's shop or in the field. 3.16 Guarantee The cover(s) shall be guaranteed for a period of one (1) year against defective materials and workmanship. 25 Section 4: V-BEAM (COLUMN SUPPORTED ALUMINUM ROOFS) SPECIFICATIONS 4.0 Summary The following paragraphs in this section cover the design criteria and construction methods and allowable materials of a column supported aluminum roof. 4.1 General This section establishes minimum criteria for the fabrication and erection of a column supported aluminum roofs) for rectangular potable water storage tanks with all appurtenances as indicated on the contract drawings and in conformance with the following specifications. The roof(s) shall be a rectangular structure conforming to the dimensions of the reservoir. The roof shall use a truss system supported from stainless steel columns inside the tank structure. The roof panels shall be designed as a watertight system under all design load conditions with non - corrugated closure panels. 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. 4.2 Qualifications to Bid The roof fabricator must have fabricated and had in satisfactory service for a period of not less than five (5) years at least one column supported aluminum roof with a dimentions equal to or larger than the units specified. The fabricator shall submit evidence of such with his bid proposal. The column supported aluminum roof must be manufactured in a plant that is owned and operated by the company designated as the fabricator. The employees used for such fabrication shall be employees of the fabricator. The column supported aluminum roof erector must have installed and had in satisfactory service for a period of not less than five (5) years at least one column supported aluminum roof with a dimentions equal to or larger than the units specified. The erector shall submit evidence of such with his bid proposal. 4.3 References 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 26 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 8. Federal Specification TT-S-00230C 4.4 Testing and Sealing Leak testing: 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. Shell seal: 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. 4.5 Warranty and Acceptance At the completion of all or designated portions of work under construction, an 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. - 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. Maintenance and inspection: The roof manufacturer shall provide a maintenance and inspection manual for those items that may require maintenance or periodic inspection. 4.6 Scope Of Work The roof contractor shall furnish all labor, materials and equipment required erect the column supported aluminum roof . The domes shall comply with all specifications, standards, and meet local building codes. 27 4.7 Shop Drawings, Design Calculations and Submittals Before executing any of the work in this section, calculations and prints or drawings shall be submitted to the consulting engineer showing dimensions, sizes, thickness, gauges, materials, finishes, joint attachment and erection procedures. All materials shall be fabricated and erected in accordance with the approved drawings. Certification shall be submitted upon completion of the project that the specified material alloys, sizes, and quantities have been furnished. d R Matnrialc 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. Support Frame Members: 6061-T6 aluminum. Cladding panels: 0.040" nominal thickness, 3004-aluminum sheet, Reynolds V-beam sheet stucco embossed, or equal. r! Fasteners: 7075-T73 anodized aluminum or austenitic series 300 stainless steel as required by the manufacturer's design. Sealant: Silicone compound conforming to Federal Specification TT-S-00230 as manufactured by Pecora, or equal. 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. Gaskets: Silicone conforming to Federal Specification ZZ-R-765, Class 2, Grade 50 as manufactured by General Electric, SE-44/88, or equal. Anchor Bolts: Austenitic series 300 stainless steel. Dormers, doors, vents and hatches shall be 6061-T6, 5086-1134 aluminum, 0.090" nominal thickness. Columns: Stainless steel as proposed by the manufacturer and approved by the project engineer. Rectangular or triangular frame struts for strut and panel roof shall be 6061-T6 aluminum. 28 Structural frame gussets for strut and panel roof shall be 0.375" nominal thickness 6061-T6 S gu p , aluminum. Rectangular or triangular panels for strut and panel roof shall be 0.050" nominal thickness, 3003- H16 aluminum. 4.9 Design Loads Cover Design Loads: 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. Basic Live Load [psfl: Ground Snow Load [psfl: Panel Design Loads: (not acting simultaneously with the above loads) The aluminum panels shall be secured to the frame to withstand the following vertical loads: 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. A distributed load equal to the ground snow load or 60 pounds per square foot over the total panel, whichever is greater. Wind Loads: The wind load shall be the local building code but the 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. Seismic Loads: The cover shall be designed for the seismic loading as specified in local building codes (0). 4.10 Design The enclosure shall be a column supported roof structure conforming to the specified dimensions. 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 -401 F to +140' F. The dead weight of the roof structure shall not exceed 3.0 pounds per square foot of surface area. The columns shall be stainless steel and capable of supporting all vertical and horizontal loads from the new roof structure. 29 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 insulated from each other by means of gaskets or insulating compounds. 4.11 Fabrication and Erection The roof shall be erected in accordance with the manufacturer'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. Fabrication: 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. 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. Welding: 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 ANSUAWS D1.2. 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. All structural welding of aluminum shall be performed prior to field erecting of the roof structure. A full set of satisfactory examination and qualification records shall be performed prior to field erecting of the roof. A full set of satisfactory examination and qualification records shall be delivered to the purchaser, if requested, prior to field erection. Shipping and handling: Materials shall be handled, shipped, and stored in a manner that will not damage the surface of aluminum or the surface coating of steel. Sealant Joint: 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. Hole diameters used for fasteners shall not exceed 1/64 in. (0.0156 mm) plus the diameter of the fastener used. 30 I 4.12 Guarantee The cover(s) shall be guaranteed for a period of one (1) year against defective materials and workmanship. 31 -J JUN 27 2000 3: oouuuiupi••�� LI `i , iLl f ICJ L,�9 �.t11Yi.:.1 ti, (.. •••••••••••••••••• June 26, 2000 Mr. Ches Carthel City of Lubbock Water Utilities P.O. Box 2000 Lubbock, Texas 79457 RE: Evaluation of Existing Concrete Reservoirs for Aluminum Domes Job Number: 03070500 Dear Mr. Carthel: Thank you for choosing Parkhill, Smith & Cooper, Inc. (PSC) to provide engineering services to evaluate the structural capacity of several existing reservoirs to receive new aluminum domes. As per your direction, we analyzed pump stations #3, #4, #6, #7, #8, #10, and the Sudan pump station. Each reservoir was checked for adequacy of the existing structure to carry the new gravity loads (dead and snow loads), radial thrust (round tanks only), and lateral wind loads. Assumptions made during the analysis include the following: dead load of 2.5 psf, live load of 25 psf, net wind uplift of 15 psf, wind lateral load of 15 psf, and a radial thrust of 10 percent of gravity load. A summary of our analysis is contained below. Pump Station #3 This pump station consists of a rectangular concrete 5 million gallon reservoir approximately 300 feet by 175 feet in plan dimensions. The reservoir is constructed with 10 inch reinforced concrete walls approximately 10 feet tall. The reservoir has an existing 5 inch thick concrete roof that is to remain in place that is supported by the exterior walls and interior concrete columns approximately 15 feet on center. The aluminum dome that is going on this roof will be constructed as a V-Beam column supported aluminum roof. It was assumed that the new dome structure will bear on each interior concrete column. Based upon the calculations performed, the existing structure is adequate to carry the new gravity and lateral loads imposed by the dome roof. The anticipated wind up lift loads (6500 pounds per support) is small enough that direct anchorage to the roof is adequate to resist the uplift. However, special attention must be made to the detail that attaches the dome roof to the concrete roof. The existing concrete is a floating structure (not attached to the concrete walls). Allowing the concrete roof to move independently of the concrete walls is necessary to accommodate thermal stresses and movement of the tank as it is filled and drained. Therefore it is important that this movement is not restricted by the new roof structure. Parkhill, Smith & Cooper, Inc. Engineers ■ Architects ■ Planners 4222 85th Street, Lubbock, Texas 79423 (806) 473-2200 i FAX (806) 473-3500 -- Lubbock ElPaso Midland Amarillo Mr. Ches Carthel Pump Station #4 Page 2 June 26, 2000 1- This pump station consists of a rectangular concrete 10 million gallon reservoir approximately 380 feet by 190 feet in plan dimensions. The reservoir is constructed with 12 inch reinforced concrete walls approximately 10 feet tall. The reservoir has an existing 5 inch thick concrete roof that is to be removed by the aluminum dome contractor. Interior concrete columns are spaced between 14 feet and 23 feet apart. Due to the floating nature of the concrete roof, removal of the existing roof structure will not impair the integrity of the reservoir. The remaining reservoir structure is adequate to resist the gravity and wind load imposed by the new aluminum roof. Pump Station #6 This pump station consists of a round concrete 2 million gallon reservoir approximately 140 feet in diameter. The reservoir is constructed with 10 inch reinforced concrete walls approximately 12 feet tall. The reservoir has an existing 6 inch thick concrete roof that is to remain in place that is supported by the exterior walls and interior concrete columns 18 feet on center. The aluminum dome that is going on this reservoir will be constructed as a free spanning geodesic dome. The new dome will not bear on any of the interior concrete columns. Based upon the calculations performed, the existing structure is adequate to carry the new gravity and lateral loads imposed aluminum dome roof. The anticipated wind up lift loads (7500 pounds per support) is small enough that direct anchorage to the roof is adequate to resist the uplift. However, special attention must be made to the detail that attaches the dome roof to the concrete roof. The existing concrete roof is a floating structure (not attached to the concrete walls). Allowing the concrete roof to move independently of the concrete walls is necessary to accommodate thermal stresses and movement of the tank as it as filled and drained. Therefore it is important that this movement is not restricted by the new roof structure. Pump Station #7 This pump station consists of a round concrete 2 million gallon reservoir approximately 140 feet in diameter. The reservoir is constructed with 10 inch reinforced concrete walls approximately 12 feet tall. The reservoir has an existing 6 inch thick concrete roof that is to remain in place that is supported by the exterior walls and interior concrete columns 18 feet on center. V! The aluminum dome that is going on this reservoir will be constructed as a free spanning geodesic dome. The new dome will not bear on any of the interior concrete columns. Based upon the calculations performed, the existing structure is adequate to carry the new gravity and lateral loads imposed aluminum dome roof. Mr. Ches Carthel Page 3 June 26, 2000 The anticipated wind up lift loads (7500 pounds per support) is small enough that direct anchorage to the roof is adequate to resist the uplift. However, special attention must be made to the detail that attaches the dome roof to the concrete roof. The existing concrete roof is a floating structure (not attached to the concrete walls). Allowing the concrete roof to move independently of the concrete walls is necessary to accommodate thermal stresses and movement of the tank as it as filled and drained. Therefore it is important that this movement is not restricted by the new roof structure. This pump station also consists of a round concrete 5 million gallon reservoir approximately 218 feet in diameter. The reservoir is constructed with 10 inch reinforced concrete walls approximately 12 feet tall. The reservoir has an existing 6 inch thick concrete roof that is to remain in place that is supported by the exterior walls and interior concrete columns 18 feet on center. The aluminum dome that is going on this reservoir will be constructed as a free spanning geodesic dome. The new dome will not bear on any of the interior concrete columns. Based upon the calculations performed, the existing structure is adequate to carry the new gravity and lateral loads imposed aluminum dome roof. However, due to the size of the reservoir and the magnitude of the assumed uplift forces (12500 pounds per support), the existing concrete roof is not adequate to resist the uplift forces present at each of the dome supports. It will be necessary to anchor the dome roof directly to the reservoir wall. However, the attachment of the dome support directly to the tank wall cannot impede movement of the concrete roof. This connection must continue to allow for slippage between the concrete roof and the concrete wall. Pump Station #8 This pump station consists of a round concrete 5 million gallon reservoir approximately 218 feet in diameter. The reservoir is constructed with 12 inch reinforced concrete walls approximately 13 feet tall. The reservoir has an existing 6 inch thick concrete roof that is to remain in place that is supported by the exterior walls and interior concrete columns 18 feet on center. The aluminum dome that is going on this reservoir will be constructed as a free spanning geodesic dome. The new dome will not bear on any of the interior concrete columns. Based upon the calculations performed, the existing structure is adequate to carry the new gravity and lateral loads imposed aluminum dome roof. However, due to the size of the reservoir and the magnitude of the assumed uplift forces (12500 pounds per support), the existing concrete roof is not adequate to resist the uplift forces present at each of the dome supports. It will be necessary to anchor the dome roof directly to the reservoir wall. However, the attachment of the dome support directly to the tank wall cannot impede movement of the concrete roof. This connection must continue to allow for slippage between the concrete roof and the concrete wall. Mr. Ches Carthel Page 4 Pump Station #10 June 26, 2000 This pump station consists of a rectangular concrete 10 million gallon reservoir approximately 360 feet by 195 feet in plan dimensions. The reservoir is constructed with 16 inch reinforced concrete walls approximately 14 feet tall. The roof structure is constructed of pre -stressed double tees spanning approximately 60 feet. The double tees are supported from the exterior wall and interior beams and columns approximately 60 feet on center. A four inch topping slab has been placed on top of the double tees. The aluminum dome that is going on this roof will be constructed as a V-Beam column supported aluminum roof. It was assumed that the new dome structure will bear on each interior concrete column. Based upon the calculations performed, the existing structure is adequate to carry the new gravity and lateral loads imposed by the dome roof. It is not recommended to attach the aluminum doom structure to the topping slab or the double tees but rather directly to the supporting structure. However, special attention must be made to the detail that attaches the dome roof to the concrete roof. The existing concrete is a floating structure (not attached to the concrete walls). Allowing the concrete roof to move independently of the concrete walls is necessary to accommodate thermal stresses and movement of the tank as it is filled and drained. Therefore it is important that this movement is not restricted by the new roof structure. Sudan Pump Station This pump station consists of a round concrete 5 million gallon reservoir approximately 218 feet in diameter. The reservoir is constructed with 10 inch reinforced concrete walls approximately 16 feet tall. The reservoir has an existing 6 inch thick concrete roof that is to remain in place. Interior concrete columns are spaced approximately 18 feet apart. The aluminum dome that is going on this reservoir will be constructed as a free spanning geodesic dome. The new dome will not bear on any of the interior concrete columns. Based upon the calculations performed, the existing structure is adequate to carry the new gravity and lateral loads imposed aluminum dome roof. However, special attention must be made to the detail that attaches the dome roof to the concrete roof. The existing concrete roof is a floating structure (not attached to the concrete walls). Allowing the concrete roof to move independently of the concrete walls is necessary to accommodate thermal stresses and movement of the tank as it as filled and drained. Therefore it is important that this movement is not restricted by the new roof structure. Due to the magnitude of the assumed up lift forces (12,500 pounds) at each perimeter support, the dome roof support will need to anchored directly to the tank wall. However, this connection should still allow for the tank roof to move independently of the tank wall. The Sudan pump station is a unique structure in that it has a concrete pump house on top of the concrete reservoir. As shown, this pump house will interrupt the tension ring that geodesic domes have at their base. Eliminating the tension ring will induce considerably larger radial Mr. Ches Carthel Page 5 June 26, 2000 thrust loads than the previously mentioned 10 percent of gravity load. Neither the pump house nor the tank structure is capable of resisting the radial loads that would be induced should the tension ring be interrupted. It is recommended that the dome manufacturer make special provisions for this pump house or the pump house be relocated. Summary Pump Station #3 - ok, attach new supports to roof. Pump Station #4 - ok, attach new supports to supporting structure. Pump Station #6 - ok, attach new supports to roof. Pump Station #7 (2 million gallon) - ok, attach new supports to roof. Pump Station #7 (5 million gallon) - ok, attach new supports to supporting structure. Pump Station #8 - ok, attach new supports to supporting structure. Pump Station #10 - ok, attach new supports to supporting structure. Sudan Pump Station - ok, attach new supports to supporting structure, caution around pump building. We appreciate the opportunity to provide engineering services. If you should have any questions, please do not hesitate to call. Sincerely, PARKHILL. SMITH & COOPER, INC. p46• pF rFe` B P.E. - - Project Manager GAH/wmb GREGORY X HORNE .................................. -q . 83489